Air Plan Approval; Iowa; Polk County; State Implementation Plan, 40392-40395 [2021-15733]
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40392
Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Proposed Rules
§ 165.T08–0531 Safety Zone;
Monongahela, Mile 96.0 to Mile 97.0,
Maidsville, WV.
(a) Location. The following area is a
safety zone: All navigable waters of the
Monongahela River from mile 96.0 to
mile 97.0.
(b) Effective period. This section is
effective from August 23, 2021 through
August 25, 2021.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
of persons and vessels into this zone is
prohibited unless authorized by the
Captain of the Port Marine Safety Unit
Pittsburgh (COTP) or a designated
representative.
(2) Persons or vessels requiring entry
into or passage through the zone must
request permission from the COTP
Pittsburgh or a designated
representative. The COTP’s
representative may be contacted at 412–
221–0807.
(3) All persons and vessels shall
comply with the instructions of the
COTP Pittsburgh or a designated
representative. Designated COTP
representatives include United States
Coast Guard commissioned, warrant,
and petty officer.
(d) Information broadcasts. The COTP
Pittsburgh or a designated
representative will inform the public
through Local Notice to Mariners
(LNMs), Broadcast Notices to Mariners
(BNMs), and/or Marine Safety
Information Bulletins (MSIBs), as
appropriate.
Dated: 22 July 2021.
E.J. Velez,
Commander, U.S. Coast Guard, Captain of
the Port Marine Safety Unit Pittsburgh.
[FR Doc. 2021–15928 Filed 7–27–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Parts 60 and 63
[NPS–WASO–NHPA–32134; PPWONRADE2,
PMP00EI05.YP0000]
RIN 1024–AE49
khammond on DSKJM1Z7X2PROD with PROPOSALS
National Register of Historic Places;
Withdrawal
National Park Service; Interior.
Proposed rule; withdrawal.
AGENCY:
ACTION:
The National Park Service
withdraws the proposed rule that would
have revised regulations governing the
listing of properties in the National
Register of Historic Places. The National
Park Service no longer intends to
SUMMARY:
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16:59 Jul 27, 2021
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prepare a final rule and has terminated
the rulemaking process.
DATES: The March 1, 2019 proposed rule
(84 FR 6996) is withdrawn as of July 28,
2021.
FOR FURTHER INFORMATION CONTACT: Joy
Beasley, Associate Director, Cultural
Resources Partnerships and Science &
Keeper of the National Register of
Historic Places, NPS (WASO), (202)
354–6991, joy_beasley@nps.gov.
Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 2021–15944 Filed 7–27–21; 8:45 am]
Table of Contents
BILLING CODE 4312–52–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2019–0708; FRL–8711–01–
R7]
Air Plan Approval; Iowa; Polk County;
State Implementation Plan
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) to include
recent changes to the Polk County Board
of Health Rules and Regulations in
addition to revisions from past
submittals. The proposed revisions
update definitions and references to the
effective dates of Federal rules approved
into the State’s SIP, prohibit burning of
demolished buildings, update references
to methods and procedures for
performance test/stack test and
continuous monitoring systems, and
revise permitting exemptions. These
proposed revisions will not adversely
impact air quality and will ensure
consistency between the State and
Federally approved rulemakings.
DATES: Comments must be received on
or before August 27, 2021.
ADDRESSES: You may send comments,
identified by Docket ID No. EPA–R07–
OAR–2019–0708 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
SUMMARY:
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on the rulemaking process, see the
‘‘Written Comments’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Stephanie Doolan, Environmental
Protection Agency, Region 7 Office, Air
Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219;
telephone number (913) 551–7719;
email address doolan.stephanie@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
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I. Written Comments
II. What is being addressed in this document?
III. What SIP revisions are being proposed by
the EPA?
IV. Have the requirements for approval of a
SIP been met?
V. What actions are proposed?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by
Docket ID No. EPA–R07–OAR–2019–
0708 at https://www.regulations.gov.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
II. What is being addressed in this
document?
The EPA is proposing to approve a
submission from the State of Iowa to
revise its SIP to incorporate recent
updates to Chapter 10 of Polk County’s
Code of Regulation pertaining to air
quality. The Clean Air Act (CAA) allows
authorized States to delegate portions of
the Act’s implementation and
enforcement to local governments such
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as Polk County. The proposed revisions
to the Iowa SIP incorporate Polk
County’s updated definitions and
references to the effective dates of
Federal rules approved into the State’s
SIP, update references to methods and
procedures for performance test/stack
test and continuous monitoring systems,
prohibit burning of demolished
buildings, and revise permitting
exemptions. The proposed revisions to
the Iowa SIP also include changes to
Polk County’s public notice and
participation requirements to allow
permit modifications to be published
online rather than in area newspapers
which is consistent with recent
revisions to Iowa’s SIP (83 FR 191,
October 2, 2018).
The EPA is not acting on portions of
Polk County Chapter V that amend
Standards for Marijuana Production and
Marijuana Processing (section 5–21),
Permits for New and Existing Stationary
Sources, and Chapter 10–59, Permit
Fees, that pertain to Prevention of
Significant Deterioration (PSD)
regulations because Iowa has not
delegated the PSD program authority to
Polk County.
The EPA is also proposing to approve
minor changes to the text of various
ordinances that were previously
submitted to the EPA, but were
inadvertently omitted from previous
actions. These revisions were contained
in submittals dated December 3, 2007,
September 1, 2009, September 19, 2011,
April 15, 2014, and November 25, 2015.
III. What SIP revisions are being
proposed by the EPA?
The EPA is proposing approval of the
revisions to the Iowa SIP to incorporate
revisions to Chapter V of the Polk
County Board of Health Rules and
Regulations listed below. A Technical
Support Document (TSD) with a
detailed description of the proposed
revisions and the rationale for approval
has been prepared by the EPA and is
provided in the docket for this proposed
action.
Article I, In General. The proposed
rule changes update the references to
effective dates and definitions. The rule
changes are administrative updates that
do not negatively impact air quality and
ensure greater consistency with the
Iowa regulations.
Article III, Incineration and Open
Burning. Polk County amended this
article to add a prohibition against
burning demolished buildings. The
addition of the prohibition on burning
of demolished buildings will lead to
reduced particulates and hazardous air
pollutants (HAPs) thus improving air
quality.
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Article VI, Emission Of Air
Contaminants From Industrial
Processes. Section 5–16 is being
amended to include a general provision
referencing paragraph (n) which applies
to New Source Performance Standards
(NSPS). NSPS is delegated by Iowa to
Polk County but not SIP-approved by
the EPA. The EPA proposes to approve
the general provision because it pertains
to a delegated authority.
Article VII, Performance Test For
Stack Emission Test. In section 5–18,
paragraph (a)(2) the title and references
to ‘‘stack sampling’’ are being revised to
read ‘‘performance test (stack test)’’ and
‘‘department’’ is being changed to read
‘‘local program.’’ These minor changes
in wording do not impact air quality.
References to performance test methods
and specifications and quality assurance
procedures for performance evaluations
of continuous monitoring systems are
being updated to be consistent with the
currently approved references in Iowa
code. Thus, for consistency, the EPA is
proposing to approve these updates.
Article X, Permits, Division 1,
Construction Permits. Section 5–28,
Construction Permit Required, is being
amended to add ‘‘Air Quality Division
(AQD)’’ to the title. Subparagraphs (1)
through (4) of paragraph (c) are not
highlighted in Iowa’s SIP revision
request as new text. After consulting
with Iowa, the State submitted an
Addendum dated July 21, 2020, to
request EPA approval of paragraphs (1)
though (4) of section 5–28 into the SIP,
and stated that section 5–28 has been
submitted to EPA for approval in the
past. The text of these paragraphs is
substantively similar to that of Iowa
22.1 (455B) and 22.3 (b) which EPA has
approved into Iowa’s SIP; thus, the EPA
recommends approval of Paragraphs (a)
through (c), including subparagraphs (1)
through (4) of paragraph (c), to ensure
consistency between Polk County’s and
Iowa’s air permitting regulations.
The title of article X, section 5–29, is
being revised to add that the application
is for a ‘‘construction’’ permit and the
acronym ‘‘AQD.’’ The new title now
reads ‘‘Application for a Construction
Permit (AQD).’’ Also, this section is
being revised to add a paragraph title,
‘‘construction permit applications,’’ to
revise ‘‘health officer’’ to now read
‘‘local program,’’ to eliminate that the
applications must be submitted ‘‘in
duplicate,’’ and to add ‘‘applications’’ to
the list of items to be submitted by
entities seeking a construction permit.
The EPA proposes to approve these
changes into the Iowa SIP because they
clarify the construction permitting
process and reduce the number of hard
copies that need to be submitted.
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40393
Polk County has added the acronym
‘‘AQD’’ representing the Air Quality
Division to title X, sections 5–30,
Processing of Applications for
Construction Permits, section 5–31,
Issuance of Construction Permits, and
section 5–32, Denial of Permit. These
additions represent minor clarifications.
As such, the EPA proposes to approve
them.
The acronym ‘‘AQD’’ has also been
added to title X, section 5–33,
Exemptions from Permit Requirements.
In item (50), Production Welding,
‘‘stationary source’’ is replacing
‘‘facility.’’ Further, the equations used to
calculate the exemption in item (50) are
being revised. The calculations make
item (50) more stringent than
calculations set forth in the welding
exemption in the EPA-approved Iowa
SIP, section 22.1(2)(ff)(1).
Item (62) has been added to section 5–
33. Item (62) exempts from construction
permitting non-road diesel engines used
for periodic testing and maintenance of
natural gas compressor engines. The
exemption is consistent with EPAapproved construction permitting
requirements in Chapter 22.1(2) ‘‘oo’’ of
the Iowa code. The EPA proposes to
approve item (62) into the Iowa SIP as
it makes Polk County’s authorities
consistent with Iowa’s.
Article X, Permits, Division 2,
Operating Permits. ‘‘Annual Operating’’
is being added to the title of section 5–
37 to clarify the type of permit to which
the section pertains. The acronym
‘‘AQD’’ is being added as well. The
reference to ‘‘department’’ is being
changed to ‘‘Local Program.’’ Also, this
section is being updated to be consistent
with Iowa code regarding public notice
requirements. The State made revisions
that address public participation
requirements for its PSD permitting
program to reflect updates to the Federal
regulations, at 40 CFR part 51, subpart
I, published October 18, 2016. The
revision removes the requirements for
advertisement in a newspaper of general
circulation in each region in which the
proposed source will be constructed and
provides for posting of the public
comment period on a website identified
by the State. The language and intent of
the revisions to the Polk County rules
and regulations are consistent with the
Federal regulations and the EPAapproved Iowa SIP. Thus, the EPA is
proposing to approve these Polk County
revisions into the Iowa SIP.
The title for section 5–39 is being
revised to clarify that the listed
exemptions are for ‘‘Annual Operating’’
Permits. Revisions to item (43) update
the language from ‘‘facility’’ to
‘‘stationary source(s)’’ and correct the
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equation for exemption from permitting
for welding activities to agree with that
in Iowa code. The EPA is proposing to
approve these revisions because they
clarify the permit exemptions.
Items (56), Equipment related to
research and development activities at a
stationary source, (57), Exemptions for
non-road diesel combustion engines,
and item (58), fuel burning equipment
for indirect heating or cooling with a
capacity less than one million Btu per
hour input when burning No. 1 or No.
2 fuel oil, are consistent with previously
approved exemptions in section 22.1(b)
of the Iowa SIP. In paragraphs (57) and
(58), Polk County has elected to be more
stringent in its regulations than the
EPA-approved Iowa code for similar
operations. The EPA is proposing to
approve items (56), (57) and (58) into
the Iowa SIP.
Section 5–39, paragraph (b) was not
highlighted as new language in Iowa’s
SIP revision request; however, following
discussions with Iowa, the state
indicated that this paragraph had been
requested for approval in a previous
submittal, and requested approval of
this paragraph in its July 21, 2020,
Addendum. This paragraph discusses
exemptions from permitting for smaller
liquified or natural gas fired heaters,
residential wood or pellet heaters, cook
stoves and fireplace, as well as jet
engines, marine engines and
locomotives. This paragraph is
consistent with Iowa code section 22.1
which is EPA-approved; thus, the EPA
is proposing to approve the same Polk
County exemptions.
Revisions to sections 5–40, 5–42, 5–43
and 5–44 are clarifications that the
permits discussed are ‘‘Annual
Operating’’ permits issued by AQD. The
EPA is proposing to approve these
minor editorial changes, as there is no
impact to air quality.
IV. Have the requirements for approval
of a SIP been met?
The submittals met the public notice
requirements for SIP submissions in
accordance with 40 CFR 51.102. The
submission also satisfies the
completeness criteria of 40 CFR part 51,
appendix V. In addition, these proposed
revisions meet the substantive SIP
requirements of the CAA, including
section 110 and implementing
regulations. These proposed revisions
are also consistent with applicable EPA
requirements of title V of the CAA and
40 CFR part 70.
V. What actions are proposed?
The EPA is proposing to approve
revisions to the Iowa SIP to incorporate
the revisions to chapter 5, Air Pollution,
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of the Polk County Board of Health
Rules and Regulations. The proposed
revisions clarify rules, make revisions
and corrections, and rescind portions of
rules no longer relevant to the air
program. The EPA has determined that
approval of these proposed revisions
will not adversely impact air quality
and will ensure consistency between the
local, State and federally-approved
rules, and will ensure Federal
enforceability of the State’s revised air
program rules.
VI. Incorporation by Reference
In this document, the EPA is
proposing to include regulatory text in
an EPA final rule that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is proposing to
incorporate by reference the Iowa
Regulations described in the proposed
amendments to 40 CFR 52 set forth
below. The EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov and at the EPA
Region 7 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
VII. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
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• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where the EPA or an Indian
tribe has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the proposed 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 in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: July 19, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the
preamble, the EPA proposes to amend
40 CFR part 52 as set forth below:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart Q-Iowa
2. In § 52.820, the table in paragraph
(c) is amended by revising the entry
‘‘Chapter V’’ under the heading ‘‘Polk
County’’ to read as follows:
■
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§ 52.820
*
Identification of plan.
*
*
*
(c) * * *
*
APPROVED IOWA REGULATIONS
Iowa
citation
State effective
date
Title
EPA approval date
Explanation
Iowa Department of Natural Resources Environmental Protection Commission [567]
*
*
*
*
*
*
*
Polk County
Chapter V .......
Polk County Board of Health
Rules and Regulations Air
Pollution Chapter V.
*
*
*
*
*
*
*
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2021–0405; FRL–8708–01–
R7]
Air Plan Approval; Approval of
Missouri Air Quality Implementation
Plans; Revisions to St. Louis 1997
PM2.5 Maintenance Plan
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted by the State of
Missouri on November 12, 2019,
revising the maintenance plan
demonstrating continued maintenance
of the 1997 PM2.5 National Ambient Air
Quality Standards (NAAQS) in the St.
Louis area. This revision states that the
St. Louis area no longer needs to rely on
the vehicle Inspection and Maintenance
(I/M) program and the use of
Reformulated Gasoline (RFG) for
continued maintenance throughout the
maintenance period for the 1997 PM2.5
NAAQS. EPA is proposing to determine
that this revision meets the
requirements of the Clean Air Act.
DATES: Comments must be received on
or before August 27, 2021.
SUMMARY:
16:59 Jul 27, 2021
*
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You may send comments,
identified by Docket ID No. EPA–R07–
OAR–2021–0405 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:
Steven Brown, Environmental
Protection Agency, Region 7 Office, Air
Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219;
telephone number: (913) 551–7718;
email address: brown.steven@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Written Comments
II. What is being addressed in this document?
III. Have the requirements for approval of a
SIP revision been met?
IV. What action is the EPA proposing to take?
V. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by
Docket ID No. EPA–R07–OAR–2021–
0405, at https://www.regulations.gov.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
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Article I, Section 5–2, definition of ‘‘anaerobic
lagoon’’ and ‘‘variance;’’ Article III, Incineration and Open Burning, Section 5–7(d)
Variance Application; Article VI, Sections
5–16(n), (o) and (p); Article VIII; Article IX,
Sections 5–27(3) and (4); Article X, Section 5–28, subsections (a) through (c), and
Article X, Section 5–35(b)(5); Article XIII;
Article XIV; and Article XVI, Section 5–75B
are not part of the SIP.
*
ADDRESSES:
BILLING CODE 6560–50–P
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[Date of publication of the
final rule in the Federal
Register], [Federal Register citation of the final
rule].
*
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11/30/18
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*
*
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
II. What is being addressed in this
document?
The EPA is proposing to approve SIP
revisions submitted by the State of
Missouri on November 12, 2019,
revising the 1997 PM2.5 maintenance
plan. This SIP revision demonstrates
continued maintenance of the 1997
PM2.5 NAAQS in the St. Louis area
through the future year of 2025. The
maintenance area boundary includes the
Missouri counties of Franklin, Jefferson,
St. Charles, and St. Louis along with the
City of St. Louis.
Through this action, the Missouri
Department of Natural Resources
(MoDNR) is requesting EPA to approve
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]]>Agencies
[Federal Register Volume 86, Number 142 (Wednesday, July 28, 2021)]
[Proposed Rules]
[Pages 40392-40395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15733]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2019-0708; FRL-8711-01-R7]
Air Plan Approval; Iowa; Polk County; State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Iowa State Implementation Plan (SIP) to
include recent changes to the Polk County Board of Health Rules and
Regulations in addition to revisions from past submittals. The proposed
revisions update definitions and references to the effective dates of
Federal rules approved into the State's SIP, prohibit burning of
demolished buildings, update references to methods and procedures for
performance test/stack test and continuous monitoring systems, and
revise permitting exemptions. These proposed revisions will not
adversely impact air quality and will ensure consistency between the
State and Federally approved rulemakings.
DATES: Comments must be received on or before August 27, 2021.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2019-0708 to https://www.regulations.gov. Follow the online
instructions for submitting comments.
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received will be posted without
change to https://www.regulations.gov/, including any personal
information provided. For detailed instructions on sending comments and
additional information on the rulemaking process, see the ``Written
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this
document.
FOR FURTHER INFORMATION CONTACT: Stephanie Doolan, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-
7719; email address [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.
Table of Contents
I. Written Comments
II. What is being addressed in this document?
III. What SIP revisions are being proposed by the EPA?
IV. Have the requirements for approval of a SIP been met?
V. What actions are proposed?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2019-
0708 at https://www.regulations.gov. Once submitted, comments cannot be
edited or removed from Regulations.gov. The EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
II. What is being addressed in this document?
The EPA is proposing to approve a submission from the State of Iowa
to revise its SIP to incorporate recent updates to Chapter 10 of Polk
County's Code of Regulation pertaining to air quality. The Clean Air
Act (CAA) allows authorized States to delegate portions of the Act's
implementation and enforcement to local governments such
[[Page 40393]]
as Polk County. The proposed revisions to the Iowa SIP incorporate Polk
County's updated definitions and references to the effective dates of
Federal rules approved into the State's SIP, update references to
methods and procedures for performance test/stack test and continuous
monitoring systems, prohibit burning of demolished buildings, and
revise permitting exemptions. The proposed revisions to the Iowa SIP
also include changes to Polk County's public notice and participation
requirements to allow permit modifications to be published online
rather than in area newspapers which is consistent with recent
revisions to Iowa's SIP (83 FR 191, October 2, 2018).
The EPA is not acting on portions of Polk County Chapter V that
amend Standards for Marijuana Production and Marijuana Processing
(section 5-21), Permits for New and Existing Stationary Sources, and
Chapter 10-59, Permit Fees, that pertain to Prevention of Significant
Deterioration (PSD) regulations because Iowa has not delegated the PSD
program authority to Polk County.
The EPA is also proposing to approve minor changes to the text of
various ordinances that were previously submitted to the EPA, but were
inadvertently omitted from previous actions. These revisions were
contained in submittals dated December 3, 2007, September 1, 2009,
September 19, 2011, April 15, 2014, and November 25, 2015.
III. What SIP revisions are being proposed by the EPA?
The EPA is proposing approval of the revisions to the Iowa SIP to
incorporate revisions to Chapter V of the Polk County Board of Health
Rules and Regulations listed below. A Technical Support Document (TSD)
with a detailed description of the proposed revisions and the rationale
for approval has been prepared by the EPA and is provided in the docket
for this proposed action.
Article I, In General. The proposed rule changes update the
references to effective dates and definitions. The rule changes are
administrative updates that do not negatively impact air quality and
ensure greater consistency with the Iowa regulations.
Article III, Incineration and Open Burning. Polk County amended
this article to add a prohibition against burning demolished buildings.
The addition of the prohibition on burning of demolished buildings will
lead to reduced particulates and hazardous air pollutants (HAPs) thus
improving air quality.
Article VI, Emission Of Air Contaminants From Industrial Processes.
Section 5-16 is being amended to include a general provision
referencing paragraph (n) which applies to New Source Performance
Standards (NSPS). NSPS is delegated by Iowa to Polk County but not SIP-
approved by the EPA. The EPA proposes to approve the general provision
because it pertains to a delegated authority.
Article VII, Performance Test For Stack Emission Test. In section
5-18, paragraph (a)(2) the title and references to ``stack sampling''
are being revised to read ``performance test (stack test)'' and
``department'' is being changed to read ``local program.'' These minor
changes in wording do not impact air quality. References to performance
test methods and specifications and quality assurance procedures for
performance evaluations of continuous monitoring systems are being
updated to be consistent with the currently approved references in Iowa
code. Thus, for consistency, the EPA is proposing to approve these
updates.
Article X, Permits, Division 1, Construction Permits. Section 5-28,
Construction Permit Required, is being amended to add ``Air Quality
Division (AQD)'' to the title. Subparagraphs (1) through (4) of
paragraph (c) are not highlighted in Iowa's SIP revision request as new
text. After consulting with Iowa, the State submitted an Addendum dated
July 21, 2020, to request EPA approval of paragraphs (1) though (4) of
section 5-28 into the SIP, and stated that section 5-28 has been
submitted to EPA for approval in the past. The text of these paragraphs
is substantively similar to that of Iowa 22.1 (455B) and 22.3 (b) which
EPA has approved into Iowa's SIP; thus, the EPA recommends approval of
Paragraphs (a) through (c), including subparagraphs (1) through (4) of
paragraph (c), to ensure consistency between Polk County's and Iowa's
air permitting regulations.
The title of article X, section 5-29, is being revised to add that
the application is for a ``construction'' permit and the acronym
``AQD.'' The new title now reads ``Application for a Construction
Permit (AQD).'' Also, this section is being revised to add a paragraph
title, ``construction permit applications,'' to revise ``health
officer'' to now read ``local program,'' to eliminate that the
applications must be submitted ``in duplicate,'' and to add
``applications'' to the list of items to be submitted by entities
seeking a construction permit. The EPA proposes to approve these
changes into the Iowa SIP because they clarify the construction
permitting process and reduce the number of hard copies that need to be
submitted.
Polk County has added the acronym ``AQD'' representing the Air
Quality Division to title X, sections 5-30, Processing of Applications
for Construction Permits, section 5-31, Issuance of Construction
Permits, and section 5-32, Denial of Permit. These additions represent
minor clarifications. As such, the EPA proposes to approve them.
The acronym ``AQD'' has also been added to title X, section 5-33,
Exemptions from Permit Requirements. In item (50), Production Welding,
``stationary source'' is replacing ``facility.'' Further, the equations
used to calculate the exemption in item (50) are being revised. The
calculations make item (50) more stringent than calculations set forth
in the welding exemption in the EPA-approved Iowa SIP, section
22.1(2)(ff)(1).
Item (62) has been added to section 5-33. Item (62) exempts from
construction permitting non-road diesel engines used for periodic
testing and maintenance of natural gas compressor engines. The
exemption is consistent with EPA-approved construction permitting
requirements in Chapter 22.1(2) ``oo'' of the Iowa code. The EPA
proposes to approve item (62) into the Iowa SIP as it makes Polk
County's authorities consistent with Iowa's.
Article X, Permits, Division 2, Operating Permits. ``Annual
Operating'' is being added to the title of section 5-37 to clarify the
type of permit to which the section pertains. The acronym ``AQD'' is
being added as well. The reference to ``department'' is being changed
to ``Local Program.'' Also, this section is being updated to be
consistent with Iowa code regarding public notice requirements. The
State made revisions that address public participation requirements for
its PSD permitting program to reflect updates to the Federal
regulations, at 40 CFR part 51, subpart I, published October 18, 2016.
The revision removes the requirements for advertisement in a newspaper
of general circulation in each region in which the proposed source will
be constructed and provides for posting of the public comment period on
a website identified by the State. The language and intent of the
revisions to the Polk County rules and regulations are consistent with
the Federal regulations and the EPA-approved Iowa SIP. Thus, the EPA is
proposing to approve these Polk County revisions into the Iowa SIP.
The title for section 5-39 is being revised to clarify that the
listed exemptions are for ``Annual Operating'' Permits. Revisions to
item (43) update the language from ``facility'' to ``stationary
source(s)'' and correct the
[[Page 40394]]
equation for exemption from permitting for welding activities to agree
with that in Iowa code. The EPA is proposing to approve these revisions
because they clarify the permit exemptions.
Items (56), Equipment related to research and development
activities at a stationary source, (57), Exemptions for non-road diesel
combustion engines, and item (58), fuel burning equipment for indirect
heating or cooling with a capacity less than one million Btu per hour
input when burning No. 1 or No. 2 fuel oil, are consistent with
previously approved exemptions in section 22.1(b) of the Iowa SIP. In
paragraphs (57) and (58), Polk County has elected to be more stringent
in its regulations than the EPA-approved Iowa code for similar
operations. The EPA is proposing to approve items (56), (57) and (58)
into the Iowa SIP.
Section 5-39, paragraph (b) was not highlighted as new language in
Iowa's SIP revision request; however, following discussions with Iowa,
the state indicated that this paragraph had been requested for approval
in a previous submittal, and requested approval of this paragraph in
its July 21, 2020, Addendum. This paragraph discusses exemptions from
permitting for smaller liquified or natural gas fired heaters,
residential wood or pellet heaters, cook stoves and fireplace, as well
as jet engines, marine engines and locomotives. This paragraph is
consistent with Iowa code section 22.1 which is EPA-approved; thus, the
EPA is proposing to approve the same Polk County exemptions.
Revisions to sections 5-40, 5-42, 5-43 and 5-44 are clarifications
that the permits discussed are ``Annual Operating'' permits issued by
AQD. The EPA is proposing to approve these minor editorial changes, as
there is no impact to air quality.
IV. Have the requirements for approval of a SIP been met?
The submittals met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfies the completeness criteria of 40 CFR part 51, appendix V. In
addition, these proposed revisions meet the substantive SIP
requirements of the CAA, including section 110 and implementing
regulations. These proposed revisions are also consistent with
applicable EPA requirements of title V of the CAA and 40 CFR part 70.
V. What actions are proposed?
The EPA is proposing to approve revisions to the Iowa SIP to
incorporate the revisions to chapter 5, Air Pollution, of the Polk
County Board of Health Rules and Regulations. The proposed revisions
clarify rules, make revisions and corrections, and rescind portions of
rules no longer relevant to the air program. The EPA has determined
that approval of these proposed revisions will not adversely impact air
quality and will ensure consistency between the local, State and
federally-approved rules, and will ensure Federal enforceability of the
State's revised air program rules.
VI. Incorporation by Reference
In this document, the EPA is proposing to include regulatory text
in an EPA final rule that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference the Iowa Regulations described in the proposed
amendments to 40 CFR 52 set forth below. The EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and at the EPA Region 7 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
VII. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
proposed 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 in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements, Volatile organic compounds.
Dated: July 19, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA proposes to amend
40 CFR part 52 as set forth below:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart Q-Iowa
0
2. In Sec. 52.820, the table in paragraph (c) is amended by revising
the entry ``Chapter V'' under the heading ``Polk County'' to read as
follows:
[[Page 40395]]
Sec. 52.820 Identification of plan.
* * * * *
(c) * * *
Approved Iowa Regulations
----------------------------------------------------------------------------------------------------------------
State
Iowa citation Title effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Iowa Department of Natural Resources Environmental Protection Commission [567]
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Polk County
----------------------------------------------------------------------------------------------------------------
Chapter V........................ Polk County Board 11/30/18 [Date of Article I, Section
of Health Rules publication of the 5-2, definition of
and Regulations final rule in the ``anaerobic
Air Pollution Federal Register], lagoon'' and
Chapter V. [Federal Register ``variance;''
citation of the Article III,
final rule]. Incineration and
Open Burning,
Section 5-7(d)
Variance
Application;
Article VI,
Sections 5-16(n),
(o) and (p);
Article VIII;
Article IX,
Sections 5-27(3)
and (4); Article
X, Section 5-28,
subsections (a)
through (c), and
Article X, Section
5-35(b)(5);
Article XIII;
Article XIV; and
Article XVI,
Section 5-75B are
not part of the
SIP.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2021-15733 Filed 7-27-21; 8:45 am]
BILLING CODE 6560-50-P
