Air Plan Approval; Iowa; State Implementation Plan and State Plans for Designated Facilities and Pollutants, 21254-21258 [2021-08278]
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Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Proposed Rules
that comply with the provisions of the
Act and applicable Federal regulations.
See 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. These actions merely propose
to approve state law as meeting Federal
requirements and do not impose
additional requirements beyond those
imposed by state law. For that reason,
these proposed actions:
• Are not significant regulatory
actions 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);
• Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are 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.);
• Do 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);
• Do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Are not economically significant
regulatory actions based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not significant regulatory
actions subject to Executive Order
13211 (66 FR 28355, May 22, 2001);
• Are 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
• Do 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 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 as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
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List of Subjects in 40 CFR Part 52
ENVIRONMENTAL PROTECTION
AGENCY
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:
Stephen Krabbe, Environmental
Protection Agency, Region 7 Office, Air
Quality and Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas
66219; telephone number: (913) 551–
7991 or by email at krabbe.stephen@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA.
40 CFR Parts 52 and 70
Table of Contents
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 13, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
[FR Doc. 2021–08320 Filed 4–21–21; 8:45 am]
BILLING CODE 6560–50–P
[EPA–R07–OAR–2021–0266; FRL–10022–
68–Region 7]
Air Plan Approval; Iowa; State
Implementation Plan and State Plans
for Designated Facilities and
Pollutants
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the Iowa State
Implementation Plan (SIP) and is also
proposing to approve revisions to the
Iowa Operating Permit Program. The
revisions include updating definitions,
regulatory references, requiring facilities
to submit electronic emissions
inventory information under the state’s
Title V permitting program, and
updating references for the most recent
federally approved minimum
specifications and quality assurance
procedures for performance evaluations
of continuous monitoring systems. EPA
is also proposing to approve previous
revisions to the Operating Permit
Program that allow for electronic
document submission that meet EPA’s
requirements. These revisions will not
impact air quality and will ensure
consistency between the state and
Federally approved rules.
DATES: Comments must be received on
or before May 24, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2021–0266 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
SUMMARY:
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I. Written Comments
II. What is being addressed in this document?
III. What SIP revisions are being proposed by
EPA?
IV. What operating permit plan revisions are
being proposed by EPA?
V. Have the requirements for approval of a
SIP and the operating permits program
revisions been met?
VI. What actions are proposed?
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by
Docket ID No. EPA–R07–OAR–2021–
0266, 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?
EPA is proposing to approve a
submission from the State of Iowa to
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revise its SIP and the Operating Permits
Program. On August 12, 2020, the Iowa
Department of Natural Resources (IDNR)
submitted a request to revise the SIP to
incorporate recent changes to Iowa
Administrative Code, including
provisions relating to electronic
submittal of information to IDNR that
were revised in previous state
rulemakings. The following chapters are
impacted:
• Chapter 20, ‘‘Scope of Title—
Definitions;’’
• Chapter 22, ‘‘Controlling
Pollution;’’
• Chapter 23, ‘‘Emission Standards
for Contaminants;’’
• Chapter 25, ‘‘Measurement of
Emissions;’’ and
• Chapter 33, ‘‘Special Regulations
and Construction Permit Requirements
for Major Stationary Sources—
Prevention of Significant Deterioration
(PSD) of Air Quality.’’
The revision includes a request for
EPA to approve references in Chapter 22
to allow for electronic submittal of air
quality permit applications, streamlined
alternatives to traditional applications,
such as registrations, notifications, and
template applications, construction
permit applications, acid rain permit
applications, notifications, emissions
inventory, certifications, determination
requests, fees, forms, and payments.
Iowa previously submitted requests for
EPA to approve these provisions into
the SIP, but either subsequently
withdrew the provisions or EPA did not
propose to approve the revisions for
reasons discussed in more detail below.
The revision includes the new
definitions of ‘‘electronic format’’,
‘‘electronic submittal’’, and ‘‘electronic
submittal format’’. The revisions also
update the construction permit
application provisions to specify the
types of submittals that may be included
in an electronic submittal option,
updates methods and procedures for
stack sampling and associated analytical
methods, updates the definition of
‘‘volatile organic compounds’’ for
prevention of significant deterioration
(PSD) and updates the applicability of
the PSD rule to construction of any new
‘‘major stationary source’’. The specific
changes and EPA analysis are discussed
in more detail below.
In the August 12, 2020 submittal, the
State included a request to revise the
definition of ‘‘anaerobic lagoons’’. On
February 3, 2021, the State clarified that
it wished to exclude the definition of
‘‘anaerobic lagoons’’ from its request to
revise the SIP. EPA has not historically
approved the definition of ‘‘anaerobic
lagoons’’ into the Iowa SIP because the
CAA does not regulate odors from these
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units; air releases (odors) from anaerobic
lagoons are regulated by the state and
local regulations.
Sections 111 and 112 of the Clean Air
Act (CAA) allow EPA to delegate
authority to states for New Source
Performance Standards (NSPS) and
National Emission Standards for
Hazardous Air Pollutants (NESHAPs).
EPA has delegated authority to Iowa for
approved portions of these sections of
the CAA. Changes made to Iowa’s
Chapter 23 pertaining to new and
revised NSPS and NESHAPs are not
directly approved into the SIP, but
rather, are adopted by reference. Thus,
EPA is not proposing to approve these
changes to Iowa Administrative Code
into the state’s SIP.
III. What SIP revisions are being
proposed by EPA?
EPA is proposing the following
revisions to the Iowa SIP:
Chapter 20, Subrule 20.1, Scope of
Title-Definitions: The state revised the
definition of ‘‘EPA reference method’’ to
adopt methods for performance test
(stack test) and continuous monitoring
systems, approved by EPA on November
14, 2018. The update will ensure that
state reference methods are equivalent
to Federal reference methods; thus, EPA
proposes to approve this change.
Chapter 20, Subrule 20.1, Scope of
Title-Definitions: The state also revised
the definition of ‘‘volatile organic
compound’’, or ‘‘VOC’’ to adopt the
definition in 40 CFR 51.100(s) as
amended on November 18, 2018; thus,
EPA proposes to approve this change.
Chapter 20, Subrule 20.1, Scope of
Title-Definitions: The state also adopted
the new definition of ‘‘electronic
format’’ in chapters 20 through 35, to
mean a software, internet-based, or
other electronic means specified by the
department for submitting information
or fees. EPA proposes to approve this
change.
Chapter 22, subrules 22.1(3): Pursuant
to the Cross Media Electronic Reporting
Rule (CROMERR) (40 CFR part 3), EPA
published a document on December 9,
2015 in the Federal Register, approving
Iowa’s State and Local Emissions
Inventory System (SLEIS) for electronic
reporting under Parts 51 and 70. 80 FR
76474 (December 9, 2015). As such, EPA
is approving the following provision of
subrule 22.1(3) which states,
‘‘ References to ‘‘application(s)’’,
‘‘certification(s)’’, ‘‘determination
request(s)’’, ‘‘emissions inventory(ies)’’,
‘‘fees’’, ‘‘form(s)’’, ‘‘notification(s)’’,
‘‘payment(s)’’, ‘‘permit application(s)’’,
and ‘‘registration(s),’’ in rules 567–
22.1(455B) through 22.10(455B) may, as
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specified by the department, include
electronic submittal . .’’
In addition, the new definition of
‘‘electronic format’’ has been adopted to
allow electronic submittal of
‘‘application(s),’’ ‘‘certification(s),’’
‘‘determination request(s),’’ ‘‘emissions
inventory(ies),’’ ‘‘fees,’’ ‘‘form(s),’’
‘‘notification(s),’’ ‘‘payment(s),’’ ‘‘permit
application(s),’’ and ‘‘registration(s)’’ in
rules 567–22.1(455B) through 567–
22.10(455B).
Chapter 25, Subrule 25.1(9)
Measurement of Emissions: The State
revised subrule 25.1(9),‘‘Methods and
Procedures,’’ to adopt the performance
test method as specified in 40 CFR part
51, appendix M (as amended through
November 14, 2018); 40 CFR part 60,
appendix A (as amended through
November 14, 2018); 40 CFR part 61,
appendix B (as amended through
August 30, 2016); and 40 CFR part 63,
appendix A (as amended through
November 14, 2018). This subrule was
also revised to adopt the minimum
performance specifications and quality
assurance procedures for performance
evaluations of continuous monitoring
systems as specified in 40 CFR part 60,
appendix B (as amended through
November 14, 2018); 40 CFR part 60,
appendix F (as amended November 14,
2018); 40 CFR part 75, appendix A (as
amended through August 30, 2016); 40
CFR part 75, appendix B (as amended
through August 30, 2016); and 40 CFR
part 75, appendix F (as amended
through August 30, 2016). The proposed
update will ensure that state reference
methods are equivalent to Federal
reference methods and are no more
stringent than Federal methods; thus,
EPA proposes to approve this change.
IV. What operating permits plan
revisions are being proposed by EPA?
EPA is proposing to approve the
following revisions to the Operating
Permits Program:
• Chapter 22, subrules 22.100(455B),
and 22.120(455B): Pursuant to
CROMERR), EPA published a document
on January 31, 2020 in the Federal
Register, approving Iowa’s
Environmental Application System for
Air (EASY Air) for its operating permits
program. January 31, 2020 (85 FR 5657).
As such, EPA is approving the new
definition of ‘‘electronic format’’ for the
operating permits program to allow
electronic submittal of ‘‘application(s),’’
‘‘certification(s),’’ ‘‘determination
request(s),’’ ‘‘emissions inventory(ies),’’
‘‘fees,’’ ‘‘form(s),’’ ‘‘notification(s),’’
‘‘payment(s),’’ ‘‘permit application(s),’’
and ‘‘registration(s)’’ in rules 567–
22.100(455B) through 567–
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22.116(455B), 567–22.120(455B)
through 567–22.146(455B).
• Chapter 22, subrule 22.100(455B):
Also as discussed above, the definition
of ‘‘EPA reference method’’ has
similarly been revised in definitions for
the operating permits program to adopt
performance test (stack test) and
continuous monitoring systems
specified by EPA in 40 CFR part 51,
appendix M (as amended through
November 14, 2018); 40 CFR part 60,
appendix A (as amended through
November 14, 2018); 40 CFR part 61,
appendix B (as amended through
August 30, 2016); and 40 CFR part 63,
appendix A (as amended through
November 14, 2018), 40 CFR part 60,
appendix B (as amended through
November 14, 2018); 40 CFR part 60,
appendix F (as amended through
November 14, 2018); 40 CFR part 75,
appendix A (as amended through
August 30, 2016); 40 CFR part 75,
appendix B (as amended through
August 30, 2016); and 40 CFR part 75,
appendix F (as amended through
August 30, 2016). Referencing the
updated method will ensure that state
methods are equivalent to federal
reference methods; thus, EPA proposes
to approve this change.
• Chapter 22, subrule 22.128(4),
Submission of copies: Revises the rule
to require one copy of the acid rain
permit application to either be
submitted by mail to the air quality
bureau or by electronic submittal. EPA
proposes to approve this change.
• Chapter 33, Special Regulations and
Construction Permit Requirements for
Major Stationary Sources—Prevention
of Significant Deterioration (PSD) of Air
Quality: The State amended subrule
33.3(1) to include a definition of
‘‘volatile organic compounds’’ or
‘‘VOC’’, which means any compound
included in the definition of ‘‘volatile
organic compounds’’ found at 40 CFR
51.100(s) as amended through
November 28, 2018.
• The state also amended 33.3(2)
introductory paragraph,
‘‘Applicability’’, to update the
requirements of this rule (PSD program
requirements), which apply to the
construction of any new ‘‘major
stationary source’’ as defined in subrule
33.3(1) or any project at an existing
major stationary source in an area
designated as attainment or
unclassifiable under section
107(d)(1)(A)(ii) or (iii) of the Act. In
addition to the provisions set forth in
rules 567–33.3(455B) through 567–
33.9(455B), the provisions of 40 CFR
part 51, appendix W (Guideline on Air
Quality Models) as amended through
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January 17, 2017, are adopted by
reference.
In the cover letter of its August 12,
2020, SIP revision request, Iowa
requested EPA approval of previously
submitted rule changes for its electronic
document receiving system (now ‘‘Easy
Air’’) for construction and Title V
permit applications, emissions
reporting, and reporting for a
component of its Title V program for
Acid Rain.1 The items were previously
placed on public notice and approved
by the Iowa Environmental Protection
Commission as noted below.
• Rule 22.1(3), Construction Permits:
The introductory paragraph, second
sentence, which states, ‘‘Alternatively,
the owner or operator may apply for a
construction permit for a new or
modified stationary source through the
electronic submittal method specified
by the department.’’ This subrule
revision was requested by Iowa as Item
#5 (ARC 7143 B) in a letter to EPA dated
November 4, 2008, following public
notice for a 30-day public comment
period beginning February 4, 2008. No
comments were received. In EPA’s
Direct Final SIP approval dated
December 29, 2009 (74 FR 248) EPA did
not take action on this subrule revision
because Iowa had not yet received
approval for its electronic document
receiving system as meeting the
requirements of CROMERR. Iowa also
placed the subrule revision on public
notice for comment from January 18
through February 20, 2017. EPA
commented that the submission of
permit applications via email is not
CROMERR compliant. Iowa requested
an applicability determination from
EPA which confirmed EPA’s initial
finding. In response to the applicability
determination, Iowa amended its
subrule to remove the provision for
accepting permit applications via email
and placed the revisions on public
notice from August 16 through
September 5, 2017. This information is
detailed in EPA’s proposed rulemaking
dated July 26, 2018 (83 FR 144).
• Subrule 22.105(1), Duty to Apply:
Introductory paragraph, third sentence,
which states, ‘‘Alternatively, an owner
or operator may submit a complete and
timely application through the
electronic submittal format specified by
the department.’’ This subrule revision
was requested as Item #8 (ARC 7143 B)
by Iowa in a letter to EPA dated
November 4, 2008, following public
1 Iowa
inadvertently requested approval of Rule
22.3(3) Conditions of approval (for construction
permits), paragraph ‘‘f’’, third sentence, pertaining
to electronic submittal methods for construction
permits. EPA previously approved this provision in
a direct final action. January 16, 2014 (79 FR 2787).
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notice for a 30-day public comment
period beginning February 4, 2008. No
comments were received. In EPA’s
Direct Final SIP approval dated
December 29, 2009 (74 FR 248) EPA did
not act on this subrule revision because
Iowa had not yet received approval for
its electronic document receiving
system as meeting the requirements of
the CROMERR. Iowa also placed this
subrule revision on public notice for
comment again from January 18 to
February 20, 2017, and again from
August 16 through September 5, 2017,
due to a comment EPA had submitted
on another subrule revision. No
comments were received on the revision
to subrule 22.105(1).
• Subrule 22.106(2) Emissions
inventory and documentation due dates:
Only sentence in this subrule, which
states, ‘‘The emissions inventory shall
be submitted through the electronic
format specified by the department.’’
This subrule revision was made
available for public comment from
December 19, 2018 through January 22,
2019. No comments were received.
• Subrule 22.128(4), Submission of
Copies (for approval into Acid Rain
Program as a component of the Title V
Program): The first sentence was revised
to require one copy of the acid rain
permit application to be submitted to
the air quality bureau. In addition, Iowa
requested approval of the sentence,
which states, ‘‘Alternatively, the
designated representative may, as
specified by the department, submit the
application through electronic
submittal.’’ This subrule revision was
listed as Item #7 in the public notice for
this rulemaking; however, it was
mistakenly listed on page 2 of the cover
letter dated August 12, 2020, as a
‘‘previously submitted rule change.’’
Iowa issued a clarification to EPA by
email dated March 15, 2021, which has
been included in the docket supporting
this action, requesting EPA’s approval of
this subrule revision.
Iowa published a Notice of Intent to
Approve its electronic document
receiving system for public comment
from January 13 to February 15, 2010,
and EPA approved Iowa’s system as
compliant with CROMERR. December 9,
2016 (80 FR 236). As noted above, each
of these subrule revisions have been
placed on public notice for review and
comment. No adverse comments were
received.
V. Have the requirements for approval
of a SIP and the operating permits
program revisions been met?
The August 12, 2020 submission met
the public notice requirements for SIP
submissions in accordance with 40 CFR
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51.102. The State held a public
comment period from March 11 to April
13, 2020, with a public hearing on April
13, 2020. No public comments were
received.
The items related to electronic
submittal of permit applications and
emissions inventories, were placed on
public notice at various dates specified
above. The supporting documentation
has been included in the docket. The
only comment made specifically
regarding the language pertaining to
Iowa’s electronic document receiving
system was made by EPA and was
resolved by EPA’s approval of Iowa’s
electronic document receiving systems
pursuant to CROMERR requirements.
The above submittals satisfy 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. Finally, the
revisions are also consistent with
applicable EPA requirements of Title V
of the CAA and 40 CFR part 70.
VI. What actions are proposed?
EPA is proposing to approve revisions
to the Iowa SIP and the Operating
Permits Program. The proposed
revisions update the definitions of ‘‘EPA
Reference Method’’ and ‘‘volatile
organic compounds’’, updates the
definitions to adopt the most current
EPA methods for measuring air
pollutant emissions, performance
testing, and continuous monitoring, and
to reflect changes EPA has made to the
definitions. Proposed revisions also add
regulatory cross-references, and define
‘‘electronic format,’’ ‘‘electronic
submittal,’’ and ‘‘electronic submittal
format’’ to facilitate the Department’s
launch of EASY Air, a new online
electronic method for submitting air
quality permit applications.
EPA has determined that approval of
these revisions will not impact air
quality and will ensure consistency
between the state and federallyapproved rules, and ensure Federal
enforceability of the state’s revised air
program rules.
VII. Incorporation by Reference
In this document, 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, EPA is
proposing to incorporate by reference
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the Iowa Regulations described in the
proposed amendments to 40 CFR part
52 set forth below. 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).
VIII. Statutory and Executive Order
Reviews
Under the Clean Air Act (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, 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);
• 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
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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 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
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements, Volatile
organic compounds.
40 CFR Part 70
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Operating permits, Reporting
and recordkeeping requirements.
Dated: April 15, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the
preamble, EPA proposes to amend 40
CFR parts 52 and 70 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
entries ‘‘567–20.1’’, ‘‘567–22.1’’, ‘‘567–
25.1’’, and ‘‘567–33.3’’ to read as
follows:
■
§ 52.820
*
Identification of plan.
*
*
(c) * * *
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*
21258
Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / 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]
Chapter 20—Scope of Title—Definitions
567–20.1 ............
Scope of Title—Definitions ...
*
*
7/22/2020
[Date of publication of the
final rule in the Federal
Register], [Federal Register citation of the final
rule].
*
*
The definitions for ‘‘anaerobic lagoon,’’
‘‘odor,’’ ‘‘odorous substance,’’ ‘‘odorous
substance source’’ are not SIP approved.
*
*
*
*
*
*
*
Chapter 22—Controlling Pollution
567–22.1 ............
Permits Required for New or
Stationary Sources.
*
7/22/2020
*
[Date of publication of the
final rule in the Federal
Register], [Federal Register citation of the final
rule].
*
*
*
Chapter 25—Measurement of Emissions
567–25.1 ............
Testing and Sampling of New
and Existing Equipment.
*
*
7/22/2020
[Date of publication of the
final rule in the Federal
Register], [Federal Register citation of the final
rule].
*
*
*
Chapter 33—Special Regulations and Construction Permit Requirements for Major Stationary Sources—Prevention of Significant
Deterioration (PSD) of Air Quality
*
567–33.3 ............
*
*
Special Construction Permit
Requirements for Major
Stationary Sources in
Areas Designated Attainment or Unclassified (PSD).
*
*
*
*
*
*
3. The authority citation for part 70
continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
4. In appendix A to part 70 the entry
for ‘‘Iowa’’ is amended by adding
paragraph (w) to read as follows:
■
Appendix A to Part 70—Approval
Status of State and Local Operating
Permits Programs
*
VerDate Sep<11>2014
*
*
*
*
*
*
*
*
*
*
[FR Doc. 2021–08278 Filed 4–21–21; 8:45 am]
BILLING CODE 6560–50–P
*
17:20 Apr 21, 2021
Jkt 253001
PO 00000
Frm 00031
Fmt 4702
Sfmt 4702
*
*
FEDERAL COMMUNICATIONS
COMMISSION
*
(w) The Iowa Department of Natural
Resources submitted for program approval
revisions to rules 567–22.100, 567–22.120,
567–22.105(1), 567–22.106(2), and 567–
22.128(4). The state effective date for 567–
22.105(1) and 567–22.106(2) is April 17,
2019. The state effective date for 567–22.100,
567–22.120, and 567–22.128(4) is July 22,
2020. This revision is effective [date 60 days
after date of publication of the final rule in
the Federal Register].
*
*
*
Provisions of the 2010 PM2.5 PSD—Increments, SILs and SMCs rule, published in
the Federal Register on October 20,
2010, relating to SILs and SMCs that
were affected by the January 22, 2013,
U.S. Court of Appeals decision are not, at
the state’s request, included in Iowa’s SIP
provisions (see Federal Register, March
14, 2014) (Vol. 79, No. 50).
*
Iowa
*
■
*
*
*
[Date of publication of the
final rule in the Federal
Register], [Federal Register citation of the final
rule].
*
PART 70—STATE OPERATING PERMIT
PROGRAMS
*
7/22/2020
47 CFR Part 73
[MB Docket No. 21–152; RM–11899; DA 21–
424; FR ID 21669]
Television Broadcasting Services;
Freeport, Illinois
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
The Commission has before it
a petition for rulemaking filed by Gray
Television Licensee, LLC (Petitioner),
requesting the allotment of channel 9 at
SUMMARY:
E:\FR\FM\22APP1.SGM
22APP1
]]>Agencies
[Federal Register Volume 86, Number 76 (Thursday, April 22, 2021)]
[Proposed Rules]
[Pages 21254-21258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08278]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R07-OAR-2021-0266; FRL-10022-68-Region 7]
Air Plan Approval; Iowa; State Implementation Plan and State
Plans for Designated Facilities and Pollutants
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) and is
also proposing to approve revisions to the Iowa Operating Permit
Program. The revisions include updating definitions, regulatory
references, requiring facilities to submit electronic emissions
inventory information under the state's Title V permitting program, and
updating references for the most recent federally approved minimum
specifications and quality assurance procedures for performance
evaluations of continuous monitoring systems. EPA is also proposing to
approve previous revisions to the Operating Permit Program that allow
for electronic document submission that meet EPA's requirements. These
revisions will not impact air quality and will ensure consistency
between the state and Federally approved rules.
DATES: Comments must be received on or before May 24, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2021-0266 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: Stephen Krabbe, Environmental
Protection Agency, Region 7 Office, Air Quality and Planning Branch,
11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913)
551-7991 or by email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA.
Table of Contents
I. Written Comments
II. What is being addressed in this document?
III. What SIP revisions are being proposed by EPA?
IV. What operating permit plan revisions are being proposed by EPA?
V. Have the requirements for approval of a SIP and the operating
permits program revisions been met?
VI. What actions are proposed?
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2021-
0266, 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?
EPA is proposing to approve a submission from the State of Iowa to
[[Page 21255]]
revise its SIP and the Operating Permits Program. On August 12, 2020,
the Iowa Department of Natural Resources (IDNR) submitted a request to
revise the SIP to incorporate recent changes to Iowa Administrative
Code, including provisions relating to electronic submittal of
information to IDNR that were revised in previous state rulemakings.
The following chapters are impacted:
Chapter 20, ``Scope of Title--Definitions;''
Chapter 22, ``Controlling Pollution;''
Chapter 23, ``Emission Standards for Contaminants;''
Chapter 25, ``Measurement of Emissions;'' and
Chapter 33, ``Special Regulations and Construction Permit
Requirements for Major Stationary Sources--Prevention of Significant
Deterioration (PSD) of Air Quality.''
The revision includes a request for EPA to approve references in
Chapter 22 to allow for electronic submittal of air quality permit
applications, streamlined alternatives to traditional applications,
such as registrations, notifications, and template applications,
construction permit applications, acid rain permit applications,
notifications, emissions inventory, certifications, determination
requests, fees, forms, and payments. Iowa previously submitted requests
for EPA to approve these provisions into the SIP, but either
subsequently withdrew the provisions or EPA did not propose to approve
the revisions for reasons discussed in more detail below.
The revision includes the new definitions of ``electronic format'',
``electronic submittal'', and ``electronic submittal format''. The
revisions also update the construction permit application provisions to
specify the types of submittals that may be included in an electronic
submittal option, updates methods and procedures for stack sampling and
associated analytical methods, updates the definition of ``volatile
organic compounds'' for prevention of significant deterioration (PSD)
and updates the applicability of the PSD rule to construction of any
new ``major stationary source''. The specific changes and EPA analysis
are discussed in more detail below.
In the August 12, 2020 submittal, the State included a request to
revise the definition of ``anaerobic lagoons''. On February 3, 2021,
the State clarified that it wished to exclude the definition of
``anaerobic lagoons'' from its request to revise the SIP. EPA has not
historically approved the definition of ``anaerobic lagoons'' into the
Iowa SIP because the CAA does not regulate odors from these units; air
releases (odors) from anaerobic lagoons are regulated by the state and
local regulations.
Sections 111 and 112 of the Clean Air Act (CAA) allow EPA to
delegate authority to states for New Source Performance Standards
(NSPS) and National Emission Standards for Hazardous Air Pollutants
(NESHAPs). EPA has delegated authority to Iowa for approved portions of
these sections of the CAA. Changes made to Iowa's Chapter 23 pertaining
to new and revised NSPS and NESHAPs are not directly approved into the
SIP, but rather, are adopted by reference. Thus, EPA is not proposing
to approve these changes to Iowa Administrative Code into the state's
SIP.
III. What SIP revisions are being proposed by EPA?
EPA is proposing the following revisions to the Iowa SIP:
Chapter 20, Subrule 20.1, Scope of Title-Definitions: The state
revised the definition of ``EPA reference method'' to adopt methods for
performance test (stack test) and continuous monitoring systems,
approved by EPA on November 14, 2018. The update will ensure that state
reference methods are equivalent to Federal reference methods; thus,
EPA proposes to approve this change.
Chapter 20, Subrule 20.1, Scope of Title-Definitions: The state
also revised the definition of ``volatile organic compound'', or
``VOC'' to adopt the definition in 40 CFR 51.100(s) as amended on
November 18, 2018; thus, EPA proposes to approve this change.
Chapter 20, Subrule 20.1, Scope of Title-Definitions: The state
also adopted the new definition of ``electronic format'' in chapters 20
through 35, to mean a software, internet-based, or other electronic
means specified by the department for submitting information or fees.
EPA proposes to approve this change.
Chapter 22, subrules 22.1(3): Pursuant to the Cross Media
Electronic Reporting Rule (CROMERR) (40 CFR part 3), EPA published a
document on December 9, 2015 in the Federal Register, approving Iowa's
State and Local Emissions Inventory System (SLEIS) for electronic
reporting under Parts 51 and 70. 80 FR 76474 (December 9, 2015). As
such, EPA is approving the following provision of subrule 22.1(3) which
states,
`` References to ``application(s)'', ``certification(s)'',
``determination request(s)'', ``emissions inventory(ies)'', ``fees'',
``form(s)'', ``notification(s)'', ``payment(s)'', ``permit
application(s)'', and ``registration(s),'' in rules 567-22.1(455B)
through 22.10(455B) may, as specified by the department, include
electronic submittal . .''
In addition, the new definition of ``electronic format'' has been
adopted to allow electronic submittal of ``application(s),''
``certification(s),'' ``determination request(s),'' ``emissions
inventory(ies),'' ``fees,'' ``form(s),'' ``notification(s),''
``payment(s),'' ``permit application(s),'' and ``registration(s)'' in
rules 567-22.1(455B) through 567-22.10(455B).
Chapter 25, Subrule 25.1(9) Measurement of Emissions: The State
revised subrule 25.1(9),``Methods and Procedures,'' to adopt the
performance test method as specified in 40 CFR part 51, appendix M (as
amended through November 14, 2018); 40 CFR part 60, appendix A (as
amended through November 14, 2018); 40 CFR part 61, appendix B (as
amended through August 30, 2016); and 40 CFR part 63, appendix A (as
amended through November 14, 2018). This subrule was also revised to
adopt the minimum performance specifications and quality assurance
procedures for performance evaluations of continuous monitoring systems
as specified in 40 CFR part 60, appendix B (as amended through November
14, 2018); 40 CFR part 60, appendix F (as amended November 14, 2018);
40 CFR part 75, appendix A (as amended through August 30, 2016); 40 CFR
part 75, appendix B (as amended through August 30, 2016); and 40 CFR
part 75, appendix F (as amended through August 30, 2016). The proposed
update will ensure that state reference methods are equivalent to
Federal reference methods and are no more stringent than Federal
methods; thus, EPA proposes to approve this change.
IV. What operating permits plan revisions are being proposed by EPA?
EPA is proposing to approve the following revisions to the
Operating Permits Program:
Chapter 22, subrules 22.100(455B), and 22.120(455B):
Pursuant to CROMERR), EPA published a document on January 31, 2020 in
the Federal Register, approving Iowa's Environmental Application System
for Air (EASY Air) for its operating permits program. January 31, 2020
(85 FR 5657). As such, EPA is approving the new definition of
``electronic format'' for the operating permits program to allow
electronic submittal of ``application(s),'' ``certification(s),''
``determination request(s),'' ``emissions inventory(ies),'' ``fees,''
``form(s),'' ``notification(s),'' ``payment(s),'' ``permit
application(s),'' and ``registration(s)'' in rules 567-22.100(455B)
through 567-
[[Page 21256]]
22.116(455B), 567-22.120(455B) through 567-22.146(455B).
Chapter 22, subrule 22.100(455B): Also as discussed above,
the definition of ``EPA reference method'' has similarly been revised
in definitions for the operating permits program to adopt performance
test (stack test) and continuous monitoring systems specified by EPA in
40 CFR part 51, appendix M (as amended through November 14, 2018); 40
CFR part 60, appendix A (as amended through November 14, 2018); 40 CFR
part 61, appendix B (as amended through August 30, 2016); and 40 CFR
part 63, appendix A (as amended through November 14, 2018), 40 CFR part
60, appendix B (as amended through November 14, 2018); 40 CFR part 60,
appendix F (as amended through November 14, 2018); 40 CFR part 75,
appendix A (as amended through August 30, 2016); 40 CFR part 75,
appendix B (as amended through August 30, 2016); and 40 CFR part 75,
appendix F (as amended through August 30, 2016). Referencing the
updated method will ensure that state methods are equivalent to federal
reference methods; thus, EPA proposes to approve this change.
Chapter 22, subrule 22.128(4), Submission of copies:
Revises the rule to require one copy of the acid rain permit
application to either be submitted by mail to the air quality bureau or
by electronic submittal. EPA proposes to approve this change.
Chapter 33, Special Regulations and Construction Permit
Requirements for Major Stationary Sources--Prevention of Significant
Deterioration (PSD) of Air Quality: The State amended subrule 33.3(1)
to include a definition of ``volatile organic compounds'' or ``VOC'',
which means any compound included in the definition of ``volatile
organic compounds'' found at 40 CFR 51.100(s) as amended through
November 28, 2018.
The state also amended 33.3(2) introductory paragraph,
``Applicability'', to update the requirements of this rule (PSD program
requirements), which apply to the construction of any new ``major
stationary source'' as defined in subrule 33.3(1) or any project at an
existing major stationary source in an area designated as attainment or
unclassifiable under section 107(d)(1)(A)(ii) or (iii) of the Act. In
addition to the provisions set forth in rules 567-33.3(455B) through
567-33.9(455B), the provisions of 40 CFR part 51, appendix W (Guideline
on Air Quality Models) as amended through January 17, 2017, are adopted
by reference.
In the cover letter of its August 12, 2020, SIP revision request,
Iowa requested EPA approval of previously submitted rule changes for
its electronic document receiving system (now ``Easy Air'') for
construction and Title V permit applications, emissions reporting, and
reporting for a component of its Title V program for Acid Rain.\1\ The
items were previously placed on public notice and approved by the Iowa
Environmental Protection Commission as noted below.
---------------------------------------------------------------------------
\1\ Iowa inadvertently requested approval of Rule 22.3(3)
Conditions of approval (for construction permits), paragraph ``f'',
third sentence, pertaining to electronic submittal methods for
construction permits. EPA previously approved this provision in a
direct final action. January 16, 2014 (79 FR 2787).
---------------------------------------------------------------------------
Rule 22.1(3), Construction Permits: The introductory
paragraph, second sentence, which states, ``Alternatively, the owner or
operator may apply for a construction permit for a new or modified
stationary source through the electronic submittal method specified by
the department.'' This subrule revision was requested by Iowa as Item
#5 (ARC 7143 B) in a letter to EPA dated November 4, 2008, following
public notice for a 30-day public comment period beginning February 4,
2008. No comments were received. In EPA's Direct Final SIP approval
dated December 29, 2009 (74 FR 248) EPA did not take action on this
subrule revision because Iowa had not yet received approval for its
electronic document receiving system as meeting the requirements of
CROMERR. Iowa also placed the subrule revision on public notice for
comment from January 18 through February 20, 2017. EPA commented that
the submission of permit applications via email is not CROMERR
compliant. Iowa requested an applicability determination from EPA which
confirmed EPA's initial finding. In response to the applicability
determination, Iowa amended its subrule to remove the provision for
accepting permit applications via email and placed the revisions on
public notice from August 16 through September 5, 2017. This
information is detailed in EPA's proposed rulemaking dated July 26,
2018 (83 FR 144).
Subrule 22.105(1), Duty to Apply: Introductory paragraph,
third sentence, which states, ``Alternatively, an owner or operator may
submit a complete and timely application through the electronic
submittal format specified by the department.'' This subrule revision
was requested as Item #8 (ARC 7143 B) by Iowa in a letter to EPA dated
November 4, 2008, following public notice for a 30-day public comment
period beginning February 4, 2008. No comments were received. In EPA's
Direct Final SIP approval dated December 29, 2009 (74 FR 248) EPA did
not act on this subrule revision because Iowa had not yet received
approval for its electronic document receiving system as meeting the
requirements of the CROMERR. Iowa also placed this subrule revision on
public notice for comment again from January 18 to February 20, 2017,
and again from August 16 through September 5, 2017, due to a comment
EPA had submitted on another subrule revision. No comments were
received on the revision to subrule 22.105(1).
Subrule 22.106(2) Emissions inventory and documentation
due dates: Only sentence in this subrule, which states, ``The emissions
inventory shall be submitted through the electronic format specified by
the department.'' This subrule revision was made available for public
comment from December 19, 2018 through January 22, 2019. No comments
were received.
Subrule 22.128(4), Submission of Copies (for approval into
Acid Rain Program as a component of the Title V Program): The first
sentence was revised to require one copy of the acid rain permit
application to be submitted to the air quality bureau. In addition,
Iowa requested approval of the sentence, which states, ``Alternatively,
the designated representative may, as specified by the department,
submit the application through electronic submittal.'' This subrule
revision was listed as Item #7 in the public notice for this
rulemaking; however, it was mistakenly listed on page 2 of the cover
letter dated August 12, 2020, as a ``previously submitted rule
change.'' Iowa issued a clarification to EPA by email dated March 15,
2021, which has been included in the docket supporting this action,
requesting EPA's approval of this subrule revision.
Iowa published a Notice of Intent to Approve its electronic
document receiving system for public comment from January 13 to
February 15, 2010, and EPA approved Iowa's system as compliant with
CROMERR. December 9, 2016 (80 FR 236). As noted above, each of these
subrule revisions have been placed on public notice for review and
comment. No adverse comments were received.
V. Have the requirements for approval of a SIP and the operating
permits program revisions been met?
The August 12, 2020 submission met the public notice requirements
for SIP submissions in accordance with 40 CFR
[[Page 21257]]
51.102. The State held a public comment period from March 11 to April
13, 2020, with a public hearing on April 13, 2020. No public comments
were received.
The items related to electronic submittal of permit applications
and emissions inventories, were placed on public notice at various
dates specified above. The supporting documentation has been included
in the docket. The only comment made specifically regarding the
language pertaining to Iowa's electronic document receiving system was
made by EPA and was resolved by EPA's approval of Iowa's electronic
document receiving systems pursuant to CROMERR requirements.
The above submittals satisfy 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. Finally, the revisions are also consistent with applicable
EPA requirements of Title V of the CAA and 40 CFR part 70.
VI. What actions are proposed?
EPA is proposing to approve revisions to the Iowa SIP and the
Operating Permits Program. The proposed revisions update the
definitions of ``EPA Reference Method'' and ``volatile organic
compounds'', updates the definitions to adopt the most current EPA
methods for measuring air pollutant emissions, performance testing, and
continuous monitoring, and to reflect changes EPA has made to the
definitions. Proposed revisions also add regulatory cross-references,
and define ``electronic format,'' ``electronic submittal,'' and
``electronic submittal format'' to facilitate the Department's launch
of EASY Air, a new online electronic method for submitting air quality
permit applications.
EPA has determined that approval of these revisions will not impact
air quality and will ensure consistency between the state and
federally-approved rules, and ensure Federal enforceability of the
state's revised air program rules.
VII. Incorporation by Reference
In this document, 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, EPA is proposing to incorporate by
reference the Iowa Regulations described in the proposed amendments to
40 CFR part 52 set forth below. 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).
VIII. Statutory and Executive Order Reviews
Under the Clean Air Act (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, 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);
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 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
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements, Volatile organic compounds.
40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
Reporting and recordkeeping requirements.
Dated: April 15, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA proposes to amend 40
CFR parts 52 and 70 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 entries ``567-20.1'', ``567-22.1'', ``567-25.1'', and ``567-33.3''
to read as follows:
Sec. 52.820 Identification of plan.
* * * * *
(c) * * *
[[Page 21258]]
EPA-Approved Iowa Regulations
----------------------------------------------------------------------------------------------------------------
State
Iowa citation Title effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Iowa Department of Natural Resources, Environmental Protection Commission [567]
----------------------------------------------------------------------------------------------------------------
Chapter 20--Scope of Title--Definitions
----------------------------------------------------------------------------------------------------------------
567-20.1................... Scope of Title-- 7/22/2020 [Date of publication The definitions for
Definitions. of the final rule in ``anaerobic
the Federal lagoon,'' ``odor,''
Register], [Federal ``odorous
Register citation of substance,''
the final rule]. ``odorous substance
source'' are not SIP
approved.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 22--Controlling Pollution
----------------------------------------------------------------------------------------------------------------
567-22.1................... Permits Required for 7/22/2020 [Date of publication
New or Stationary of the final rule in
Sources. the Federal
Register], [Federal
Register citation of
the final rule].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 25--Measurement of Emissions
----------------------------------------------------------------------------------------------------------------
567-25.1................... Testing and Sampling 7/22/2020 [Date of publication
of New and Existing of the final rule in
Equipment. the Federal
Register], [Federal
Register citation of
the final rule].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 33--Special Regulations and Construction Permit Requirements for Major Stationary Sources--Prevention of
Significant Deterioration (PSD) of Air Quality
----------------------------------------------------------------------------------------------------------------
* * * * * * *
567-33.3................... Special Construction 7/22/2020 [Date of publication Provisions of the
Permit Requirements of the final rule in 2010 PM2.5 PSD--
for Major Stationary the Federal Increments, SILs and
Sources in Areas Register], [Federal SMCs rule, published
Designated Register citation of in the Federal
Attainment or the final rule]. Register on October
Unclassified (PSD). 20, 2010, relating
to SILs and SMCs
that were affected
by the January 22,
2013, U.S. Court of
Appeals decision are
not, at the state's
request, included in
Iowa's SIP
provisions (see
Federal Register,
March 14, 2014)
(Vol. 79, No. 50).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
PART 70--STATE OPERATING PERMIT PROGRAMS
0
3. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
4. In appendix A to part 70 the entry for ``Iowa'' is amended by adding
paragraph (w) to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Iowa
* * * * *
(w) The Iowa Department of Natural Resources submitted for
program approval revisions to rules 567-22.100, 567-22.120, 567-
22.105(1), 567-22.106(2), and 567-22.128(4). The state effective
date for 567-22.105(1) and 567-22.106(2) is April 17, 2019. The
state effective date for 567-22.100, 567-22.120, and 567-22.128(4)
is July 22, 2020. This revision is effective [date 60 days after
date of publication of the final rule in the Federal Register].
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[FR Doc. 2021-08278 Filed 4-21-21; 8:45 am]
BILLING CODE 6560-50-P
