Air Plan Approval; Iowa; State Implementation Plan and State Plans for Designated Facilities and Pollutants, 33544-33547 [2021-13456]
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33544
Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations
In addition, 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, this 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).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by August 24, 2021. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
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Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements.
Dated: June 10, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
For the reasons stated in the
preamble, the EPA amends part 52,
chapter I, title 40 of the Code of Federal
Regulations as follows:
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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 F—California
2. Section 52.220 is amended by
adding paragraphs (c)(348)(i)(A)(4) and
(c)(518)(i)(E) to read as follows:
■
§ 52.220
Identification of plan-in part.
*
*
*
*
*
(c) * * *
(348) * * *
(i) * * *
(A) * * *
(4) Previously approved on May 9,
2011 in paragraph (c)(348)(i)(A)(3) of
this section and now deleted with
replacement in (c)(518)(i)(E)(1), Rule
9510, ‘‘Indirect Source Review (ISR),’’
adopted on December 15, 2005.
*
*
*
*
*
(518) * * *
(i) * * *
(E) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 9510, ‘‘Indirect Source
Review (ISR),’’ amended on December
21, 2017, but not in effect until March
21, 2018.
(2) [Reserved]
*
*
*
*
*
[FR Doc. 2021–13448 Filed 6–24–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 70
[EPA–R07–OAR–2021–0266; FRL–10024–
99–Region 7]
Air Plan Approval; Iowa; State
Implementation Plan and State Plans
for Designated Facilities and
Pollutants
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve revisions to the Iowa State
Implementation Plan (SIP) and is also
approving 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
SUMMARY:
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federally approved minimum
specifications and quality assurance
procedures for performance evaluations
of continuous monitoring systems. EPA
is also approving 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: This final rule is effective on July
26, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2021–0266. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional information.
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 the EPA.
Table of Contents
I. What is being addressed in this document?
II. Have the requirements for approval of a
SIP revision been met?
III. What action is the EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is being addressed in this
document?
EPA is approving a submission from
the State of Iowa to 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;’’
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Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations
• 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.
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 the proposed rule
included in the docket for this action.
The EPA solicited comments on the
proposed revision to Iowa’s SIP, and did
not receive any comments.
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II. Have the requirements for approval
of a SIP revision been met?
The August 12, 2020 submission met
the public notice requirements for SIP
submissions in accordance with 40 CFR
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.
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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.
III. What action is the EPA taking?
The EPA is taking final action to
approve revisions to the Iowa SIP and
the Operating Permits Program. The
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. The 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.
IV. Incorporation by Reference
In this document, the EPA is
finalizing regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the Iowa
Regulations described in the
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).
Therefore, these materials have been
approved by the EPA for inclusion in
the State Implementation Plan, have
been incorporated by reference by EPA
into that plan, are fully federally
enforceable under sections 110 and 113
of the CAA as of the effective date of the
final rulemaking of the EPA’s approval,
and will be incorporated by reference in
the next update to the SIP compilation.1
1 62
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FR 27968, May 22, 1997.
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33545
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
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);
• 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 the
National Technology Transfer and
Advancement Act (NTTA) because this
rulemaking does not involve technical
standards; and
• Does not provide the 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
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Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by August 24, 2021. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
List of Subjects
Dated: June 14, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the
preamble, the EPA amends 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:
■
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Reporting and recordkeeping
requirements, Volatile organic
compounds.
40 CFR Part 70
Environmental protection, Acid rain,
Administrative practice and procedure,
Air pollution control, Hazardous
substances, Intergovernmental relations,
Licensing and registration, Reporting
and recordkeeping requirements.
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
for ‘‘567–20.1’’, ‘‘567–22.1’’, ‘‘567–
25.1’’, and ‘‘567–33.3’’ to read as
follows:
■
§ 52.820
*
*
Identification of plan.
*
*
*
(c) * * *
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
*
6/25/2021, [insert Federal Register citation].
*
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
*
6/25/2021, [insert Federal Register citation].
*
*
Chapter 25—Measurement of Emissions
567–25.1 ...........
*
Testing and Sampling of New and
Existing Equipment.
*
7/22/2020
*
6/25/2021, [insert Federal Register citation].
*
*
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Chapter 33—Special Regulations and Construction Permit Requirements for Major Stationary Sources-Prevention of Significant
Deterioration (PSD) of Air Quality
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Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations
EPA-APPROVED IOWA REGULATIONS—Continued
State
effective
date
Iowa
citation
Title
*
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
*
*
*
*
*
*
*
*
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 August 24,
2021.
*
*
*
*
*
[FR Doc. 2021–13456 Filed 6–24–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
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[EPA–R08–OAR–2020–0741; FRL–10025–
27–Region 8]
Approval and Promulgation of
Implementation Plans; Montana; Butte
PM10 Nonattainment Area Limited
Maintenance Plan and Redesignation
Request
Environmental Protection
Agency (EPA).
AGENCY:
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Explanation
*
6/25/2021, [insert Federal Register citation].
*
*
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).
*
ACTION:
PART 70—STATE OPERATING PERMIT
PROGRAMS
*
*
7/22/2020
EPA
approval date
*
Final rule.
The Environmental Protection
Agency (EPA) is approving the Limited
Maintenance Plan (LMP) submitted by
the State of Montana to EPA on March
23, 2020, for the Butte Moderate
nonattainment area (NAA) for
particulate matter with an aerodynamic
diameter less than or equal to a nominal
10 micrometers (PM10) and concurrently
redesignate the NAA to attainment for
the 24-hour PM10 National Ambient Air
Quality Standard (NAAQS). In order to
approve the LMP and redesignation,
EPA determined that the Butte, MT
NAA has attained the 1987 24-hour
PM10 NAAQS of 150 mg/m3. This
determination is based upon monitored
air quality data for the PM10 NAAQS
during the years 2014 through 2018. The
EPA is taking this action pursuant to the
Clean Air Act (CAA).
DATES: This rule is effective on July 26,
2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2020–0741. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: Kate
Gregory, Air and Radiation Division,
U.S. Environmental Protection Agency
SUMMARY:
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*
*
(EPA), Region 8, Mail Code 8P–ARD–
QP, 1595 Wynkoop Street, Denver,
Colorado 80202–1129, telephone
number: (303) 312–6175, email address:
gregory.kate@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
The background for this action is
discussed in detail in our April 19, 2021
proposal (86 FR 20353). In that
document, we proposed to approve the
LMP for the Butte NAA and the State’s
request to redesignate the Butte NAA
from nonattainment to attainment for
the 1987 24-hour PM10 NAAQS.
Additionally, we proposed to determine
that the Butte NAA has attained the
NAAQS for PM10. That determination
was based upon monitored air quality
data for the PM10 NAAQS during the
years 2014 through 2018. Finally, in our
April 19, 2021 proposal, EPA proposed
to approve the Butte LMP as meeting the
appropriate transportation conformity
requirements found in 40 CFR part 93,
subpart A.
The public comment period on the
EPA’s proposed rule opened on April
19, 2021, the date of its publication in
the Federal Register (86 FR 20353) and
closed on May 19, 2021. During this
time, the EPA received two comments,
both in support of this action and
neither require response to comment.
II. Final Action
For the reasons explained in our
proposed action, we are approving the
LMP for the Butte NAA and the State’s
request to redesignate the Butte NAA
from nonattainment to attainment for
the 1987 24-hour PM10 NAAQS.
Additionally, the EPA is determining
that the Butte NAA has attained the
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]]>Agencies
[Federal Register Volume 86, Number 120 (Friday, June 25, 2021)]
[Rules and Regulations]
[Pages 33544-33547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13456]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R07-OAR-2021-0266; FRL-10024-99-Region 7]
Air Plan Approval; Iowa; State Implementation Plan and State
Plans for Designated Facilities and Pollutants
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the Iowa State Implementation Plan (SIP)
and is also approving 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 approving
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: This final rule is effective on July 26, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2021-0266. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, i.e., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through https://www.regulations.gov or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional information.
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 the EPA.
Table of Contents
I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is the EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is being addressed in this document?
EPA is approving a submission from the State of Iowa to 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;''
[[Page 33545]]
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.
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 the proposed rule included in the docket
for this action.
The EPA solicited comments on the proposed revision to Iowa's SIP,
and did not receive any comments.
II. Have the requirements for approval of a SIP revision been met?
The August 12, 2020 submission met the public notice requirements
for SIP submissions in accordance with 40 CFR 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.
III. What action is the EPA taking?
The EPA is taking final action to approve revisions to the Iowa SIP
and the Operating Permits Program. The 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. The 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.
IV. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference of the
Iowa Regulations described in the 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).
Therefore, these materials have been approved by the EPA for
inclusion in the State Implementation Plan, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of the EPA's approval, and will be incorporated by reference
in the next update to the SIP compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968, May 22, 1997.
---------------------------------------------------------------------------
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the 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);
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 the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
Does not provide the 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
[[Page 33546]]
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 24, 2021. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements (see section 307(b)(2)).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Reporting and recordkeeping requirements, Volatile organic
compounds.
40 CFR Part 70
Environmental protection, Acid rain, Administrative practice and
procedure, Air pollution control, Hazardous substances,
Intergovernmental relations, Licensing and registration, Reporting and
recordkeeping requirements.
Dated: June 14, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA amends 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 for ``567-20.1'', ``567-22.1'', ``567-25.1'', and ``567-
33.3'' to read as follows:
Sec. 52.820 Identification of plan.
* * * * *
(c) * * *
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 6/25/2021, [insert The definitions for
Definitions. Federal Register ``anaerobic
citation]. lagoon,'' ``odor,''
``odorous
substance,''
``odorous substance
source'' are not SIP
approved.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 22--Controlling Pollution
----------------------------------------------------------------------------------------------------------------
567-22.1................... Permits Required for 7/22/2020 6/25/2021, [insert
New or Stationary Federal Register
Sources. citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 25--Measurement of Emissions
----------------------------------------------------------------------------------------------------------------
567-25.1................... Testing and Sampling 7/22/2020 6/25/2021, [insert
of New and Existing Federal Register
Equipment. citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 33--Special Regulations and Construction Permit Requirements for Major Stationary Sources-Prevention of
Significant Deterioration (PSD) of Air Quality
----------------------------------------------------------------------------------------------------------------
[[Page 33547]]
* * * * * * *
567-33.3................... Special Construction 7/22/2020 6/25/2021, [insert Provisions of the
Permit Requirements Federal Register 2010 PM2.5 PSD--
for Major Stationary citation]. Increments, SILs and
Sources in Areas SMCs rule, published
Designated in the Federal
Attainment or 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 August 24, 2021.
* * * * *
[FR Doc. 2021-13456 Filed 6-24-21; 8:45 am]
BILLING CODE 6560-50-P
