Air Plan Approval; Iowa; Linn County; State Implementation Plan, 64803-64806 [2019-25265]
Download as PDF
<![CDATA[
Federal Register / Vol. 84, No. 227 / Monday, November 25, 2019 / Proposed Rules
Notwithstanding any other provision
of law, no person is required to respond
to nor shall a person be subject to a
penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork
Reduction Act unless that collection of
information displays a currently valid
OMB control number.
List of Subjects
37 CFR Part 1
Administrative practice and
procedure, Biologics, Courts, Freedom
of information, Inventions and patents,
Reporting and recordkeeping
requirements, Small businesses.
37 CFR Part 150
Administrative practice and
procedure, Computer technology,
Foreign relations, Proclamations,
Science and technology, Semiconductor
chip products.
For the reasons stated in the
preamble, the USPTO proposes to
amend chapter 1 of title 37 as follows:
PART 1—RULES OF PRACTICE IN
PATENT CASES
1. The authority citation for part 1
continues to read as follows:
■
Authority: 35 U.S.C. 2(b)(2), unless
otherwise noted.
§ 1.4
[Amended]
2. Section 1.4 is amended by
removing and reserving paragraph (e)(1).
■
PART 150—[Removed and Reserved]
3. Under the authority of 35 U.S.C.
2(b)(2), part 150, consisting of §§ 150.1
through 150.6, is removed and reserved.
■
Dated: November 7, 2019.
Andrei Iancu,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 2019–24825 Filed 11–22–19; 8:45 am]
BILLING CODE 3510–16–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2019–0477; FRL–10002–
35–Region 7]
Air Plan Approval; Iowa; Linn County;
State Implementation Plan
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
VerDate Sep<11>2014
16:48 Nov 22, 2019
Jkt 250001
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the Iowa State
Implementation Plan (SIP) to include
recent changes to the Linn County Code
of Ordinances. The revisions include
updating definitions and references to
the effective dates the Federal rules
were approved into the State’s SIP,
revising methods and procedures for
performance test/stack test and
continuous monitoring systems, and
updating the Linn County permits
program. These revisions will not
adversely impact air quality and will
ensure consistency between the state
and federally approved rules.
DATES: Comments must be received on
or before December 26, 2019.
ADDRESSES: You may send comments,
identified by Docket ID No. EPA–R07–
OAR–2019–0477 to https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Instructions: All submissions received
must include the Docket ID No. for this
rulemaking. Comments received will be
posted without change to https://
www.regulations.gov/, including any
personal information provided. For
detailed instructions on sending
comments and additional information
on the rulemaking process, see the
‘‘Written Comments’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Stephanie Doolan, Environmental
Protection Agency, Region 7 Office, Air
Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219;
telephone number (913) 551–7719;
email address doolan.stephanie@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
SUMMARY:
Table of Contents
I. Written Comments
II. What is being addressed in this document?
III. What SIP revisions are being proposed by
the EPA?
IV. Have the requirements for approval of a
SIP been met?
V. What actions are proposed?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by
Docket ID No. EPA–R07–OAR–2019–
0477 at https://www.regulations.gov.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
PO 00000
Frm 00016
Fmt 4702
Sfmt 4702
64803
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
II. What is being addressed in this
document?
The EPA is proposing to approve a
submission from the State of Iowa to
revise its SIP to incorporate recent
updates to Chapter 10 of Linn County’s
Code of Regulation pertaining to air
quality. The Clean Air Act (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 Linn County’s
updated definitions and references to
the effective dates of Federal rules
approved into the State’s SIP,
renumbering, revising methods and
procedures for performance test/stack
test and continuous monitoring systems,
and revising the public notice and
participation requirements to allow
permit modifications to be published
online rather than in area newspapers
which is consistent with recent
revisions to Iowa’s SIP (83 FR 191,
October 2, 2018). Linn County also
added provisions to codify its existing
policy and procedures for appealing
permits which is proposed for approval
into the Iowa SIP.
The EPA is not acting on portions of
Linn County Chapter 10–58, Permits for
New and Existing Stationary Sources,
and Chapter 10–59, Permit Fees, that
pertain to Prevention of Significant
Deterioration (PSD) regulations because
Iowa has not delegated the PSD program
authority to Linn County. The EPA is
also not acting on the revisions to
Chapter 10–67, Excess Emissions at this
time.
III. What SIP revisions are being
proposed by the EPA?
The EPA is proposing approval of the
revisions to the Iowa SIP to incorporate
revisions to Chapter 10 of the Linn
County Code of Ordinances listed
E:\FR\FM\25NOP1.SGM
25NOP1
64804
Federal Register / Vol. 84, No. 227 / Monday, November 25, 2019 / Proposed Rules
below. If a subchapter is not listed
below, the only change is its number. A
Technical Support Document (TSD)
with a detailed description of the
proposed revisions and the rationale for
approval has been prepared by the EPA
and is provided in the docket for this
proposed action.
Linn County subchapters have been
renumbered and in some cases renamed.
The TSD, included in the docket,
provides a cross-reference to the former
subchapter number and/or name.
Renumbering and renaming has no
impact on air quality thus EPA proposes
to approve these revisions into the Iowa
SIP.
Chapter 10–54, Purpose and Ambient
Air Quality Standards. The ordinance
revisions update the effective dates and
remove a reference to new source
permitting provisions in Chapter 10–58.
The ordinance revisions are
administrative updates that do not
negatively impact air quality and ensure
greater consistency with the Iowa
regulations.
Chapter 10–55, Definitions. The
definitions for ‘‘EPA reference method’’
and ‘‘Volatile Organic Compound’’ have
been revised to reference the most
recent Federal rule approved in the
Iowa SIP, which is amended through
August 30, 2016. These definitions are
consistent with the state and Federal
rules. As such, the EPA proposes to
approve them into the Iowa SIP.
Chapter 10–57, Title V Permits. This
chapter was revised to exclude ‘‘and
Voluntary’’ from its title and to
eliminate former paragraph 2, Voluntary
Operating Permits. Since the provision
for voluntary operating permits is
removed from the Linn County Code of
Ordinances EPA concurs with its
removal from the SIP. There are no
impacts to air quality from these
revisions.
Chapter 10–58, Permits for New and
Existing Stationary Sources. The
revisions to Chapter 10–58 include
provisions in paragraph (b)(2)(h),
Authorization to install permit
applications, the requirement to submit
an application for a case-by-case
Maximum Achievable Control
Technology (MACT) determination,
revisions to public notice and
participation requirements, and
exemptions regarding fuel burning
equipment. The EPA proposes to
approve the provisions of Chapter 10–58
(b)(2)(h) allowing for a case-by-case
MACT determination because the
definitions upon which this paragraph
relies for ‘‘MACT’’ and ‘‘MACT floor’’
are equivalent to the definitions in Iowa
Code that EPA has already approved
into the SIP. The EPA also proposes to
VerDate Sep<11>2014
16:48 Nov 22, 2019
Jkt 250001
approve the revisions to paragraphs
(K)(1) and (2) regarding exemptions for
fuel-burning equipment because these
local air quality rules are the same or
more stringent that the corresponding
Iowa code.
Linn County ordinances have been
revised to be consistent with revisions
made by the State to address public
participation requirements for the PSD
program to reflect updates to the Federal
regulations, at 40 CFR part 51, subpart
I, published October 18, 2016.
Consistent with the Iowa SIP revision
approved by EPA on October 2, 2018 (83
FR 191), the Linn County code revision
removes the requirements for
advertisement in a newspaper of general
circulation in each region in which the
proposed source will be constructed,
and provides for posting of the public
comment period on a website identified
by the county. The electronic notice
shall be available for the duration of the
public comment period and include the
notice of public comment, the draft
permit(s), information on how to access
the administrative record for the draft
permit(s), and how to request or attend
a public hearing on the draft permit(s).
Because this Linn County code revision
is consistent with the EPA’s previous
SIP approval, for the same reasons
stated in the previous approval, the EPA
proposes to approve it into the Iowa SIP.
Chapter 10–59, Permit Fees. Based on
an email from Iowa Department of
Natural Resources (IDNR) to the EPA
dated July 9, 2018, which is provided in
the docket, it requests removal of fees
associated with PSD permit applications
and all references to fees in the Linn
County SIP submittal. Thus, the EPA is
not proposing to approve portions of the
Linn County ordinance revisions that
reference PSD permitting fees.
Chapter 10–61, Emissions from FuelBurning Equipment. The revisions to
the ordinance include a corrected
reference to Chapter 10–62, and a
revision of a paragraph number. The
EPA proposes to approve these minor
editorial revisions into the SIP because
there is no adverse impact to air quality.
Chapter 10–62, Emissions Standards.
Revisions to the chapter include
updated references to dates of
corresponding Federal rule updates, the
addition of the word ‘‘dry’’ to ‘‘standard
cubic foot of exhaust gas,’’ removal of
specific sources from New Source
Performance Standards (NSPS), addition
of Nitric Acid Plants to NSPS
regulation, removal of beryllium sources
and Arsenic Glass Manufacturing Plants
from regulation under National
Emission Standards for Hazardous Air
Pollutants (NESHAPs), and removal of a
number of major sources of Hazardous
PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
Air Pollutants (HAPs) from its codes.
The EPA proposes to approve the
removal of the source types deleted
from Linn County code because there
are no regulated source types of these
HAPs or processes currently in the state,
nor are any anticipated to be permitted
or contructed. Regarding the addition of
the regulations for Nitric Acid Plants,
the EPA proposes to approve these
changes into Iowa’s SIP because the
Linn County code is consistent and at
least as stringent as Federal and state
regulations. The EPA will not act on
revisions to Linn County code
paragraphs (b), NSPS, (c), Emission
Standards for Hazardous Air Pollutants,
and (d), Emission Standards for
Hazardous Air Pollutants for Source
Categories, because these regulations are
approved as Iowa delegations.
Chapter 10–63, Open Burning. The
Linn County code includes a
clarification of the amount of time open
burning is authorized, eliminating the
30-day minimum. The EPA proposes to
approve this revision into the Iowa SIP
because this clarification does not pose
a negative impact to air quality.
Chapter 10–65, Sulfur Compounds.
Linn County revised the numbering of
the first paragraph to ‘‘(a).’’ The EPA
proposes to approve this minor editorial
change into the Iowa SIP.
Chapter 10–67, Excess Emissions. The
EPA does not intend to approve the
revisions to this chapter in this action.
Chapter 10–69, Circumvention. The
only revision in this subchapter is the
renumbering of the first paragraph.
Thus, the EPA proposes to approve this
editorial revision into the Iowa SIP.
Chapter 10–70, Testing and Sampling
of New and Existing Equipment. Linn
County revised its references to the most
recent Federal rule approved in the
Iowa SIP, which is amended through
August 30, 2016. The EPA proposes to
approve these updated references into
the Iowa SIP. The EPA does not propose
to approve paragraph (k), Continuous
Emission Monitoring Under the Acid
Rain Program, because it has not
previously been approved into the Iowa
SIP.
Chapter 10–74, Prevention of Air
Pollution Emergency Episodes.
Revisions to this subchapter consist of
editorial changes and revisions to the
level of ozone triggering an alert. EPA
proposes to approve these revisions into
the Iowa SIP because they do not
negatively impact air quality.
Chapter 10–75, Enforcement. The
only revision to the Linn County code
is renumbering the first paragraph to
‘‘a.’’ Thus, the EPA proposes to approve
this minor change into the Iowa SIP.
E:\FR\FM\25NOP1.SGM
25NOP1
Federal Register / Vol. 84, No. 227 / Monday, November 25, 2019 / Proposed Rules
Chapter 10–76, Sealing. The only
revision to the Linn County code is
renumbering the first paragraph to ‘‘a.’’
Thus, the EPA proposes to approve this
minor change into the Iowa SIP.
In addition to the ordinance revisions
listed above, the state also requested the
EPA approve the definitions of ‘‘MACT’’
and ‘‘MACT floor’’ into its SIP. These
definitions were initially submitted by
Iowa to the EPA on August 30, 2012, but
were inadvertently omitted from
previous Linn County SIP revisions. The
definitions are identical to or more
stringent than the parallel definitions in
the Iowa Administrative Code that the
EPA has previously approved. Thus, the
EPA proposes approval of these
definitions into the SIP for greater
consistency between the state and local
regulations.
IV. Have the requirements for approval
of a SIP been met?
The submission met the public notice
requirements for SIP submissions in
accordance with 40 CFR 51.102. Linn
County held a public comment period
from April 24, 2018, to May 23, 2018.
No comments were received. The Linn
County Board of Supervisors adopted
the revisions into its air quality
ordinance on May 30, 2018. The
effective date was June 5, 2018. The
submission also satisfies the
completeness criteria of 40 CFR part 51,
appendix V. In addition, these revisions
meet the substantive SIP requirements
of the CAA, including section 110 and
implementing regulations. These
revisions are also consistent with
applicable EPA requirements of Title V
of the CAA and 40 CFR part 70.
V. What actions are proposed?
The EPA is proposing to approve
revisions to the Iowa SIP to incorporate
the revisions to Chapter 10 of the Linn
County Code of Ordinances. The
proposed revisions clarify rules, make
revisions and corrections, and rescind
rules no longer relevant to the air
program. The EPA has determined that
approval of these revisions will not
adversely impact air quality and will
ensure consistency between the local,
state and federally-approved rules, and
ensure Federal enforceability of the
state’s revised air program rules.
VI. Incorporation by Reference
In this document, the EPA is
proposing to include regulatory text in
VerDate Sep<11>2014
16:48 Nov 22, 2019
Jkt 250001
an EPA final rule that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is proposing to
incorporate by reference the Iowa
Regulations described in the proposed
amendments to 40 CFR part 52 set forth
below. The EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov 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).
VII. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
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:
• 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 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• 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.);
• 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);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
PO 00000
Frm 00018
Fmt 4702
Sfmt 4702
64805
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• 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; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where the 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).
List of Subjects
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: November 15, 2019.
James Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the
preamble, the EPA proposes to amend
40 CFR part 52 as set forth below:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart Q—Iowa
2. In § 52.820, the table in paragraph
(c) is amended by revising the entry
‘‘Chapter 10’’ to read as follows:
■
§ 52.820
*
Identification of plan.
*
*
(c) * * *
E:\FR\FM\25NOP1.SGM
25NOP1
*
*
64806
Federal Register / Vol. 84, No. 227 / Monday, November 25, 2019 / Proposed Rules
EPA-APPROVED IOWA REGULATIONS
Iowa citation
State
effective
date
Title
EPA approval date
Explanation
Iowa Department of Natural Resources Environmental Protection Commission [567]
*
*
*
*
*
*
*
Linn County
Chapter 10 .....
Linn County Air Quality
Ordinance, Chapter 10.
*
*
*
*
6/5/2018
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2019–0270; FRL–10002–
45–Region 4]
Air Plan Approval; Tennessee: Open
Burning and Definitions Revisions for
Chattanooga
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
revision to the Chattanooga portion of
the Tennessee State Implementation
Plan (SIP), provided by the State of
Tennessee, through the Tennessee
Department of Environment and
Conservation (TDEC) from the
Chattanooga/Hamilton County Air
Pollution Control Bureau through a
letter dated September 12, 2018. The
submission revises the open burning
regulations in the Chattanooga portion
of the Tennessee SIP. EPA is proposing
to approve the changes because they are
consistent with the Clean Air Act (CAA
or Act) and is also proposing to clarify
its prior proposal related to the Bureau’s
definition of ‘‘volatile organic
compounds.’’
SUMMARY:
Comments must be received on
or before December 26, 2019.
DATES:
16:48 Nov 22, 2019
The following definitions are not SIP-approved in Chapter 10–55; Anaerobic
lagoon, Biomass, 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); Federally Enforceable; 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, (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; 10–64, Emission of Objectionable Odors; 10–70, Testing and Sampling of New and Existing Equipment,
(k) Continuous Emissions Monitoring from Acid Rain Program; and 10–77,
Penalty.
*
*
Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2019–0270 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
ADDRESSES:
[FR Doc. 2019–25265 Filed 11–22–19; 8:45 am]
VerDate Sep<11>2014
[Date of publication of the
final rule in the Federal
Register], [Federal
Register citation of the
final rule].
Jkt 250001
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman, Air Regulatory
Management Section, Air and Radiation
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street SW,
Atlanta, Georgia 30303–8960. Mr.
Lakeman can be reached by telephone at
(404) 562–9043 or via electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
*
*
I. Background
Through a letter dated September 12,
2018, TDEC submitted a SIP revision on
behalf of the Bureau containing changes
to certain air quality rules in the
Chattanooga portion of the Tennessee
SIP.1 In this proposed action, EPA is
proposing to approve changes from the
September 12, 2018, submittal relating
to open burning at Chattanooga
Ordinance Part II, Chapter 4, Article II,
Section 4–41, Rule 6—‘‘Prohibition of
Open Burning.’’ 2 3
The EPA is also providing
clarification in this proposed action on
1 The Bureau is comprised of Hamilton County
and the municipalities of Chattanooga, Collegedale,
East Ridge, Lakesite, Lookout Mountain, Red Bank,
Ridgeside, Signal Mountain, Soddy Daisy, and
Walden. The Bureau recommends regulatory
revisions, which are subsequently adopted by the
eleven jurisdictions. The Bureau then implements
and enforces the regulations, as necessary, in each
jurisdiction.
2 In this proposed action, EPA is also proposing
to approve substantively identical changes in the
following sections of the Air Pollution Control
Regulations/Ordinances for the remaining
jurisdictions within the Bureau, which were locally
effective as of the relevant dates below: Hamilton
County—Section 41, Rule 6 (9/6/17); City of
Collegedale—Section 14–341, Rule 6 (10/16/17);
City of East Ridge—Section 8–41, Rule 6 (10/12/17);
City of Lakesite—Section 14–42, Rule 6 (11/2/17);
City of Red Bank—Section 20–41, Rule 6 (11/21/
17); City of Soddy-Daisy—Section 8–41, Rule 6 (10/
5/17); City of Lookout Mountain—Section 41, Rule
6 (11/14/17); City of Ridgeside Section 41, Rule 6
(1/16/18); City of Signal Mountain Section 41, Rule
6 (10/20/17); and City of Walden Section 41, Rule
6 (10/16/17).
3 Because the air pollution control regulations/
ordinances adopted by the jurisdictions within the
Bureau are substantively identical, EPA refers
solely to Chattanooga and the Chattanooga rules
throughout the notice as representative of the other
ten jurisdictions for brevity and simplicity.
E:\FR\FM\25NOP1.SGM
25NOP1
]]>Agencies
[Federal Register Volume 84, Number 227 (Monday, November 25, 2019)]
[Proposed Rules]
[Pages 64803-64806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25265]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2019-0477; FRL-10002-35-Region 7]
Air Plan Approval; Iowa; Linn County; State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Iowa State Implementation Plan (SIP) to
include recent changes to the Linn County Code of Ordinances. The
revisions include updating definitions and references to the effective
dates the Federal rules were approved into the State's SIP, revising
methods and procedures for performance test/stack test and continuous
monitoring systems, and updating the Linn County permits program. These
revisions will not adversely impact air quality and will ensure
consistency between the state and federally approved rules.
DATES: Comments must be received on or before December 26, 2019.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2019-0477 to https://www.regulations.gov. Follow the online
instructions for submitting comments.
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received will be posted without
change to https://www.regulations.gov/, including any personal
information provided. For detailed instructions on sending comments and
additional information on the rulemaking process, see the ``Written
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this
document.
FOR FURTHER INFORMATION CONTACT: Stephanie Doolan, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-
7719; email address [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.
Table of Contents
I. Written Comments
II. What is being addressed in this document?
III. What SIP revisions are being proposed by the EPA?
IV. Have the requirements for approval of a SIP been met?
V. What actions are proposed?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2019-
0477 at https://www.regulations.gov. Once submitted, comments cannot be
edited or removed from Regulations.gov. The EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
II. What is being addressed in this document?
The EPA is proposing to approve a submission from the State of Iowa
to revise its SIP to incorporate recent updates to Chapter 10 of Linn
County's Code of Regulation pertaining to air quality. The Clean Air
Act (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 Linn County's updated
definitions and references to the effective dates of Federal rules
approved into the State's SIP, renumbering, revising methods and
procedures for performance test/stack test and continuous monitoring
systems, and revising the public notice and participation requirements
to allow permit modifications to be published online rather than in
area newspapers which is consistent with recent revisions to Iowa's SIP
(83 FR 191, October 2, 2018). Linn County also added provisions to
codify its existing policy and procedures for appealing permits which
is proposed for approval into the Iowa SIP.
The EPA is not acting on portions of Linn County Chapter 10-58,
Permits for New and Existing Stationary Sources, and Chapter 10-59,
Permit Fees, that pertain to Prevention of Significant Deterioration
(PSD) regulations because Iowa has not delegated the PSD program
authority to Linn County. The EPA is also not acting on the revisions
to Chapter 10-67, Excess Emissions at this time.
III. What SIP revisions are being proposed by the EPA?
The EPA is proposing approval of the revisions to the Iowa SIP to
incorporate revisions to Chapter 10 of the Linn County Code of
Ordinances listed
[[Page 64804]]
below. If a subchapter is not listed below, the only change is its
number. A Technical Support Document (TSD) with a detailed description
of the proposed revisions and the rationale for approval has been
prepared by the EPA and is provided in the docket for this proposed
action.
Linn County subchapters have been renumbered and in some cases
renamed. The TSD, included in the docket, provides a cross-reference to
the former subchapter number and/or name. Renumbering and renaming has
no impact on air quality thus EPA proposes to approve these revisions
into the Iowa SIP.
Chapter 10-54, Purpose and Ambient Air Quality Standards. The
ordinance revisions update the effective dates and remove a reference
to new source permitting provisions in Chapter 10-58. The ordinance
revisions are administrative updates that do not negatively impact air
quality and ensure greater consistency with the Iowa regulations.
Chapter 10-55, Definitions. The definitions for ``EPA reference
method'' and ``Volatile Organic Compound'' have been revised to
reference the most recent Federal rule approved in the Iowa SIP, which
is amended through August 30, 2016. These definitions are consistent
with the state and Federal rules. As such, the EPA proposes to approve
them into the Iowa SIP.
Chapter 10-57, Title V Permits. This chapter was revised to exclude
``and Voluntary'' from its title and to eliminate former paragraph 2,
Voluntary Operating Permits. Since the provision for voluntary
operating permits is removed from the Linn County Code of Ordinances
EPA concurs with its removal from the SIP. There are no impacts to air
quality from these revisions.
Chapter 10-58, Permits for New and Existing Stationary Sources. The
revisions to Chapter 10-58 include provisions in paragraph (b)(2)(h),
Authorization to install permit applications, the requirement to submit
an application for a case-by-case Maximum Achievable Control Technology
(MACT) determination, revisions to public notice and participation
requirements, and exemptions regarding fuel burning equipment. The EPA
proposes to approve the provisions of Chapter 10-58 (b)(2)(h) allowing
for a case-by-case MACT determination because the definitions upon
which this paragraph relies for ``MACT'' and ``MACT floor'' are
equivalent to the definitions in Iowa Code that EPA has already
approved into the SIP. The EPA also proposes to approve the revisions
to paragraphs (K)(1) and (2) regarding exemptions for fuel-burning
equipment because these local air quality rules are the same or more
stringent that the corresponding Iowa code.
Linn County ordinances have been revised to be consistent with
revisions made by the State to address public participation
requirements for the PSD program to reflect updates to the Federal
regulations, at 40 CFR part 51, subpart I, published October 18, 2016.
Consistent with the Iowa SIP revision approved by EPA on October 2,
2018 (83 FR 191), the Linn County code revision removes the
requirements for advertisement in a newspaper of general circulation in
each region in which the proposed source will be constructed, and
provides for posting of the public comment period on a website
identified by the county. The electronic notice shall be available for
the duration of the public comment period and include the notice of
public comment, the draft permit(s), information on how to access the
administrative record for the draft permit(s), and how to request or
attend a public hearing on the draft permit(s). Because this Linn
County code revision is consistent with the EPA's previous SIP
approval, for the same reasons stated in the previous approval, the EPA
proposes to approve it into the Iowa SIP.
Chapter 10-59, Permit Fees. Based on an email from Iowa Department
of Natural Resources (IDNR) to the EPA dated July 9, 2018, which is
provided in the docket, it requests removal of fees associated with PSD
permit applications and all references to fees in the Linn County SIP
submittal. Thus, the EPA is not proposing to approve portions of the
Linn County ordinance revisions that reference PSD permitting fees.
Chapter 10-61, Emissions from Fuel-Burning Equipment. The revisions
to the ordinance include a corrected reference to Chapter 10-62, and a
revision of a paragraph number. The EPA proposes to approve these minor
editorial revisions into the SIP because there is no adverse impact to
air quality.
Chapter 10-62, Emissions Standards. Revisions to the chapter
include updated references to dates of corresponding Federal rule
updates, the addition of the word ``dry'' to ``standard cubic foot of
exhaust gas,'' removal of specific sources from New Source Performance
Standards (NSPS), addition of Nitric Acid Plants to NSPS regulation,
removal of beryllium sources and Arsenic Glass Manufacturing Plants
from regulation under National Emission Standards for Hazardous Air
Pollutants (NESHAPs), and removal of a number of major sources of
Hazardous Air Pollutants (HAPs) from its codes. The EPA proposes to
approve the removal of the source types deleted from Linn County code
because there are no regulated source types of these HAPs or processes
currently in the state, nor are any anticipated to be permitted or
contructed. Regarding the addition of the regulations for Nitric Acid
Plants, the EPA proposes to approve these changes into Iowa's SIP
because the Linn County code is consistent and at least as stringent as
Federal and state regulations. The EPA will not act on revisions to
Linn County code paragraphs (b), NSPS, (c), Emission Standards for
Hazardous Air Pollutants, and (d), Emission Standards for Hazardous Air
Pollutants for Source Categories, because these regulations are
approved as Iowa delegations.
Chapter 10-63, Open Burning. The Linn County code includes a
clarification of the amount of time open burning is authorized,
eliminating the 30-day minimum. The EPA proposes to approve this
revision into the Iowa SIP because this clarification does not pose a
negative impact to air quality.
Chapter 10-65, Sulfur Compounds. Linn County revised the numbering
of the first paragraph to ``(a).'' The EPA proposes to approve this
minor editorial change into the Iowa SIP.
Chapter 10-67, Excess Emissions. The EPA does not intend to approve
the revisions to this chapter in this action.
Chapter 10-69, Circumvention. The only revision in this subchapter
is the renumbering of the first paragraph. Thus, the EPA proposes to
approve this editorial revision into the Iowa SIP.
Chapter 10-70, Testing and Sampling of New and Existing Equipment.
Linn County revised its references to the most recent Federal rule
approved in the Iowa SIP, which is amended through August 30, 2016. The
EPA proposes to approve these updated references into the Iowa SIP. The
EPA does not propose to approve paragraph (k), Continuous Emission
Monitoring Under the Acid Rain Program, because it has not previously
been approved into the Iowa SIP.
Chapter 10-74, Prevention of Air Pollution Emergency Episodes.
Revisions to this subchapter consist of editorial changes and revisions
to the level of ozone triggering an alert. EPA proposes to approve
these revisions into the Iowa SIP because they do not negatively impact
air quality.
Chapter 10-75, Enforcement. The only revision to the Linn County
code is renumbering the first paragraph to ``a.'' Thus, the EPA
proposes to approve this minor change into the Iowa SIP.
[[Page 64805]]
Chapter 10-76, Sealing. The only revision to the Linn County code
is renumbering the first paragraph to ``a.'' Thus, the EPA proposes to
approve this minor change into the Iowa SIP.
In addition to the ordinance revisions listed above, the state also
requested the EPA approve the definitions of ``MACT'' and ``MACT
floor'' into its SIP. These definitions were initially submitted by
Iowa to the EPA on August 30, 2012, but were inadvertently omitted from
previous Linn County SIP revisions. The definitions are identical to or
more stringent than the parallel definitions in the Iowa Administrative
Code that the EPA has previously approved. Thus, the EPA proposes
approval of these definitions into the SIP for greater consistency
between the state and local regulations.
IV. Have the requirements for approval of a SIP been met?
The submission met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. Linn County held a public
comment period from April 24, 2018, to May 23, 2018. No comments were
received. The Linn County Board of Supervisors adopted the revisions
into its air quality ordinance on May 30, 2018. The effective date was
June 5, 2018. The submission also satisfies the completeness criteria
of 40 CFR part 51, appendix V. In addition, these revisions meet the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations. These revisions are also consistent with
applicable EPA requirements of Title V of the CAA and 40 CFR part 70.
V. What actions are proposed?
The EPA is proposing to approve revisions to the Iowa SIP to
incorporate the revisions to Chapter 10 of the Linn County Code of
Ordinances. The proposed revisions clarify rules, make revisions and
corrections, and rescind rules no longer relevant to the air program.
The EPA has determined that approval of these revisions will not
adversely impact air quality and will ensure consistency between the
local, state and federally-approved rules, and ensure Federal
enforceability of the state's revised air program rules.
VI. Incorporation by Reference
In this document, the EPA is proposing to include regulatory text
in an EPA final rule that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference the Iowa Regulations described in the proposed
amendments to 40 CFR part 52 set forth below. The EPA has made, and
will continue to make, these materials generally available through
www.regulations.gov 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).
VII. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the 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:
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 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
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.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
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; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where the 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).
List of Subjects
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements, Volatile organic compounds.
Dated: November 15, 2019.
James Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA proposes to amend
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'' to read as follows:
Sec. 52.820 Identification of plan.
* * * * *
(c) * * *
[[Page 64806]]
EPA-Approved Iowa Regulations
----------------------------------------------------------------------------------------------------------------
State
Iowa citation Title effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
Iowa Department of Natural Resources Environmental Protection Commission [567]
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Linn County
----------------------------------------------------------------------------------------------------------------
Chapter 10.......... Linn County Air 6/5/2018 [Date of The following definitions are not
Quality Ordinance, publication of the SIP-approved in Chapter 10-55;
Chapter 10. final rule in the Anaerobic lagoon, Biomass,
Federal Register], Chemical processing plants
[Federal Register (ethanol production facilities
citation of the that produce ethanol by natural
final rule]. fermentation included in NAICS
code 325193 or 312140 are not
included in this definition);
Federally Enforceable; 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, (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; 10-64, Emission of
Objectionable Odors; 10-70,
Testing and Sampling of New and
Existing Equipment, (k)
Continuous Emissions Monitoring
from Acid Rain Program; and 10-
77, Penalty.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2019-25265 Filed 11-22-19; 8:45 am]
BILLING CODE 6560-50-P
