Rule2024-14119
Air Plan Approval; Iowa; Linn County Ordinances
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 1, 2024
Effective
July 31, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Iowa State Implementation Plan (SIP) to include recent changes to the Linn County Code of Ordinances. The revisions to this rule include updating definitions and references to federal rules, revising methods and procedures for performance test/ stack test and continuous monitoring systems, and making minor clarifications and grammatical changes. These revisions do not impact the stringency of the SIP or have an adverse effect on air quality. The EPA's approval of this rule revision is being done in accordance with the requirements of the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 89 Issue 126 (Monday, July 1, 2024)</title>
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[Federal Register Volume 89, Number 126 (Monday, July 1, 2024)]
[Rules and Regulations]
[Pages 54362-54364]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-14119]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2024-0130; FRL-11827-02-R7]
Air Plan Approval; Iowa; Linn County Ordinances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the Iowa State Implementation Plan (SIP)
to include recent changes to the Linn County Code of Ordinances. The
revisions to this rule include updating definitions and references to
federal rules, revising methods and procedures for performance test/
stack test and continuous monitoring systems, and making minor
clarifications and grammatical changes. These revisions do not impact
the stringency of the SIP or have an adverse effect on air quality. The
EPA's approval of this rule revision is being done in accordance with
the requirements of the Clean Air Act (CAA).
DATES: This final rule is effective on July 31, 2024.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2024-0130. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in
the index, some information is not publicly available, i.e., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through <a href="https://www.regulations.gov">https://www.regulations.gov</a> or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional information.
FOR FURTHER INFORMATION CONTACT: Bethany Olson, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7905; email address: <a href="/cdn-cgi/l/email-protection#c5aaa9b6aaabeba7a0b1ada4abbc85a0b5a4eba2aab3"><span class="__cf_email__" data-cfemail="76191a051918581413021e17180f3613061758111900">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA.
Table of Contents
I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is the EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is being addressed in this document?
The EPA is approving revisions to the Iowa SIP received on October
17, 2022. The state withdrew certain provisions of the request on
February 7, 2024. The revisions are to Linn County Code of Ordinances
Chapter 10, Article III ``Air Quality''. The CAA allows authorized
states to delegate portions of the Act's implementation and enforcement
to local governments such as Linn County. The revisions to the Iowa SIP
incorporate updated definitions and references to federal rules,
revised methods and procedures for performance test/stack test and
continuous monitoring systems, and minor clarifications and grammatical
changes.
EPA finds that these revisions meet the requirements of the CAA, do
not impact the stringency of the SIP, and do not adversely impact air
quality. The full text of the rule revisions as well as EPA's analysis
of the revisions can be found in the technical support document (TSD)
included in this docket.
II. Have the requirements for approval of a SIP revision been met?
The State's submission has met the public notice requirements for
SIP submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. Linn
County provided public notice on this SIP revision from April 1, 2022,
to May 2, 2022, and received no comments. The EPA's Notice of Proposed
Rulemaking and supporting information contained in the docket were made
available for public comment from April 18, 2024, to May 20, 2024. The
EPA received no comments. In addition, as explained above and in more
detail in the technical support document which is part of this docket,
the revision meets the substantive SIP requirements of the CAA,
including section 110 and implementing regulations.
III. What action is the EPA taking?
The EPA is taking final action to amend the Iowa SIP by approving
the State's request to revise Linn County Code of Ordinances, Chapter
10.
IV. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference of the
Linn County Air Quality Ordinance, Chapter 10, with an effective date
of May 14, 2022, which regulates air quality in Linn County. The EPA
has made, and will continue to make, these materials generally
available through <a href="https://www.regulations.gov">https://www.regulations.gov</a> and at the EPA Region 7
Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).
[[Page 54363]]
Therefore, these materials have been approved by the EPA for
inclusion in the State Implementation Plan, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of the EPA's approval, and will be incorporated by reference
in the next update to the SIP compilation.\1\
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\1\ 62 FR 27968, May 22, 1997.
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V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
<bullet> Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The Iowa Department of Natural Resources did not evaluate
environmental justice considerations as part of its SIP submittal; the
CAA and applicable implementing regulations neither prohibit nor
require such an evaluation. EPA did not perform an EJ analysis and did
not consider EJ in this action. Due to the nature of the action being
taken here, this action is expected to have a neutral to positive
impact on the air quality of the affected area. Consideration of EJ is
not required as part of this action, and there is no information in the
record inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: June 20, 2024.
Meghan A. McCollister,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as set forth below:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart Q--Iowa
0
2. In Sec. 52.820, the table in paragraph (c) is amended by revising
the entry ``Chapter 10'' under the heading ``Linn County'' to read as
follows:
Sec. 52.820 Identification of plan.
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(c) * * *
[[Page 54364]]
EPA-Approved Iowa Regulations
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State effective
Iowa citation Title date EPA approval date Explanation
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Iowa Department of Natural Resources Environmental Protection Commission [567]
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Linn County
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Chapter 10.......................... Linn County Air 5/14/2022 7/1/2024, [insert The following definitions are not SIP-approved
Quality Ordinance, Federal Register in Chapter 10-55; Anaerobic lagoon, Biomass,
Chapter 10. citation]. Chemical processing plants (ethanol production
facilities that produce ethanol by natural
fermentation included in NAICS code 325193 or
312140 are not included in this definition);
Greenhouse gases; The following sections are
not SIP approved: 10-57(a), Title V Permits;
10-59(c), Fees Associated with PSD
Applications; 10-61, Emissions From Fuel-
Burning Equipment, (b)(2); 10-61, Emissions
From Fuel-Burning Equipment, (c) Exemptions
for Residential Heaters Burning Solid Fuels;
10-61, Emissions from Fuel-Burning Equipment,
(d) Nuisance Conditions for Fuel Burning
Equipment; 10-62, Emission Standards,(b) NSPS;
10-62(c), Emission Standards for HAPs; 10-
62(d), Emission Standards for HAPs for Source
Categories; 10-63, Open Burning, (a)(3)e.3.
Variance from Rules; 10-64, Emission of
Objectionable Odors; 10-68, Variances; 10-70,
Testing and Sampling of New and Existing
Equipment, (k) Continuous Emissions Monitoring
from Acid Rain Program; and 10-77, Penalty.
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[FR Doc. 2024-14119 Filed 6-28-24; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on July 1, 2024.
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