Air Plan Approval; Iowa; Polk County; State Implementation Plan, 52413-52415 [2021-20157]
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Federal Register / Vol. 86, No. 180 / Tuesday, September 21, 2021 / Rules and Regulations
provides that an agency is not required
to publish a notice of proposed
rulemaking in the Federal Register and
solicit public comments when the
agency has good cause to find that doing
so would be ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ 5 U.S.C. 553(b)(3)(B). The
Department finds that good cause exists
to dispense with the notice and public
comment procedures for this final rule,
as it concludes that such procedures are
unnecessary because this rule merely
extends the effective date of the Joint
Employer Rescission Final Rule by 7
days in order to comply with the
effective date requirements of the CRA
for major rules. Moreover, the Joint
Employer Rescission Final Rule was
promulgated pursuant to notice and
comment rulemaking, and this rule does
not make any changes to that rule other
than the brief delay of the effective date.
86 FR 40939 (July 30, 2021). Therefore,
the Department is issuing this delay of
effective date as a final rule.
Section 553(d) of the APA also
provides that substantive rules should
take effect not less than 30 days after the
date they are published in the Federal
Register unless ‘‘otherwise provided by
the agency for good cause found[.]’’ 5
U.S.C. 553(d)(3). Since this rule merely
delays the effective date of the Joint
Employer Rescission Final Rule by 7
days as required by the CRA, and makes
no other changes to that rule, the
Department finds that it is unnecessary
to delay the effective date of this action
by 30 days. Accordingly, the
Department finds that good cause exists
to make this delay of effective date
action effective on the date of
publication.
Section 808 of the CRA provides that
a rule shall take effect at the time
determined by the promulgating agency
when the agency for good cause finds
that ‘‘notice and public procedure
thereon are impracticable, unnecessary,
or contrary to the public interest.’’ 5
U.S.C. 808(2). The Department finds
that good cause exists to dispense with
notice and public procedure for this
final rule, as it concludes that such
procedures are unnecessary. As noted
above, the Joint Employer Rescission
Final Rule was published on July 30,
2021, with an effective date of
September 28, 2021, and this rule
merely delays the effective date of that
rule by 7 days to comply with the
requirements of the CRA. Therefore, the
Department finds that good cause exists
to make this delay of effective date
effective on the date of publication.
However, consistent with the CRA, the
Department will submit to Congress and
the Comptroller General the reports
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required by the Act. 5 U.S.C.
801(a)(1)(A)–(B).
Signed on September 10, 2021.
Jessica Looman,
Acting Administrator, Wage and Hour
Division.
[FR Doc. 2021–20100 Filed 9–20–21; 8:45 am]
BILLING CODE 4510–27–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2021–0726]
Safety Zones; Annual Events
Requiring Safety Zones in the Captain
of the Port Lake Michigan Zone—Corn
Festival Fireworks, Morris, IL
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
a safety zone for the Corn Festival
Fireworks event on a portion of the
Illinois River in Morris, IL. This action
is intended to protect personnel,
vessels, and the marine environment
from potential hazards created by the
fireworks display. During the
enforcement period listed below, entry
into, transiting, or anchoring within the
safety zone is prohibited unless
authorized by the Captain of the Port
Lake Michigan or a designated
representative.
DATES: The regulation in Title 33 Code
of Federal Regulations (CFR) 165.929
Table 1, Event (19) will be enforced
from 8:15 p.m. through 9 p.m. on
September 25, 2021.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email LT James
Fortin, Waterways Management
Division, Marine Safety Unit Chicago,
U.S. Coast Guard; telephone: (630) 986–
2155, email: D09-DG-MSUChicagoWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the Safety Zone;
Corn Festival Fireworks listed as Event
(19) in Table 1 of 33 CFR 165.929.
Section 165.929 lists many annual
events requiring safety zones in the
Captain of the Port Lake Michigan zone.
This safety zone consists of all waters of
the Illinois River within a 560-foot
radius from approximate launch
position at 41°21.173′ N, 088°25.101′ W.
This safety zone will be enforced from
8:15 p.m. through 9 p.m. on September
25, 2021.
SUMMARY:
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52413
All vessels must obtain permission
from the Captain of the Port Lake
Michigan, or his or her designated onscene representative to enter, move
within, or exit this safety zone during
the enforcement times listed in this
notice of enforcement. Requests must be
made in advance and approved by the
Captain of the Port before transits will
be authorized. Approvals will be
granted on a case-by-case basis. Vessels
and persons granted permission to enter
the safety zone shall obey all lawful
orders or directions of the Captain of the
Port Lake Michigan or a designated onscene representative.
This notice of enforcement is issued
under the authority of 33 CFR 165.929,
Safety Zone; annual events requiring
safety zones in the Captain of the Port
Lake Michigan Zone and 5 U.S.C.
552(a). In addition to this notification of
enforcement in the Federal Register, the
Coast Guard will provide the maritime
community with notification of this
enforcement period via Broadcast
Notice to Mariners. The Captain of the
Port Lake Michigan or a designated onscene representative may be contacted
via VHF Channel 16 or (414) 747–7182.
Dated: September 15, 2021.
Donald P. Montoro,
Captain, U.S. Coast Guard, Captain of the
Port, Lake Michigan.
[FR Doc. 2021–20360 Filed 9–20–21; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2019–0708; FRL–8711–02–
R7]
Air Plan Approval; Iowa; Polk County;
State Implementation Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
the Iowa State Implementation Plan
(SIP) to include changes to the Polk
County Board of Health Rules and
Regulations in addition to revisions
from past submittals. The 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
revisions will not adversely impact air
SUMMARY:
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Federal Register / Vol. 86, No. 180 / Tuesday, September 21, 2021 / Rules and Regulations
quality and will ensure consistency
between the State and Federally
approved rules.
DATES: This final rule is effective on
October 21, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2019–0708. 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:
Stephanie Doolan, Environmental
Protection Agency, Region 7 Office, Air
Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219; (913)
551–7719; email address:
doolan.stephanie@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
lotter on DSK11XQN23PROD with RULES1
I. What is being addressed in this document?
II. Have the requirements for approval of a
SIP revision been met?
III. What action is the EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is being addressed in this
document?
The EPA is approving updates to
Chapter V of the Polk County Board of
Health Rules and Regulations pertaining
to air quality into Iowa’s SIP. Detailed
information regarding the revisions is
included in the Technical Support
Document (TSD) that is in the docket for
the EPA’s proposed approval (88 FR
40392, July 28, 2021).
The 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 approved revisions to
the Iowa SIP also grant Polk County the
ability to publish public notices and
provide the opportunity to comment on
permit modifications online rather than
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in area newspapers which is consistent
with recent revisions to Iowa’s SIP (83
FR 191, October 2, 2018).
As stated in the proposed approval,
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 approving 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.
II. Have the requirements for approval
of a SIP revision been met?
The state’s submittals met the public
notice requirements for SIP submissions
in accordance with 40 CFR 51.102. The
submittals also satisfy the completeness
criteria of 40 CFR part 51, appendix V.
In addition, the EPA has determined
that the revisions meet the substantive
SIP requirements of the CAA, including
section 110 and implementing
regulations. These revisions are also
consistent with applicable EPA
requirements of title V of the CAA and
40 CFR part 70.
The EPA proposed approval of the
Polk County Code of Regulations
revisions into the Iowa SIP in a Federal
Register document dated July 28, 2021
(88 FR 40392). The 30-day public
comment period closed on August 27,
2021. No comments were received.
III. What action is the EPA taking?
The EPA is taking final action to
approve revisions to the Iowa SIP to
include the revisions to Chapter V of the
Polk County Code of Regulations
pertaining to air quality.
The 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
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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
V. Statutory and Executive Order
Reviews
b 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:
b 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);
b Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
b 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.);
b Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Public Law 104–4);
b Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
b Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
b Is not a significant regulatory
action subject to Executive Order 13211
(66 FR 28355, May 22, 2001);
1 62
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FR 27968, May 22, 1997.
21SER1
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Federal Register / Vol. 86, No. 180 / Tuesday, September 21, 2021 / Rules and Regulations
b Is not subject to requirements of
the National Technology Transfer and
Advancement Act (NTTA) because this
rulemaking does not involve technical
standards; and
b 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
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 November 22, 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)).
monitoring systems, Incorporation by
reference, Performance and stack
testing, and Reporting and
recordkeeping requirements.
Dated: September 10, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the
preamble, EPA amends 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:
■
§ 52.820
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Continuous
*
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]
*
*
*
*
*
*
*
Polk County
Chapter V ..........
Polk County Board of
Health Rules and Regulations Air Pollution
Chapter V.
*
*
*
*
*
*
11/30/18
*
9/21/2021, [insert Federal
Register citation].
*
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 5–75 B are not
part of the SIP.
*
*
*
[FR Doc. 2021–20157 Filed 9–20–21; 8:45 am]
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BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 86, Number 180 (Tuesday, September 21, 2021)]
[Rules and Regulations]
[Pages 52413-52415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20157]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2019-0708; FRL-8711-02-R7]
Air Plan Approval; Iowa; Polk County; State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Iowa State Implementation Plan (SIP) to include
changes to the Polk County Board of Health Rules and Regulations in
addition to revisions from past submittals. The 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 revisions will not adversely impact air
[[Page 52414]]
quality and will ensure consistency between the State and Federally
approved rules.
DATES: This final rule is effective on October 21, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2019-0708. 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: Stephanie Doolan, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; (913) 551-7719; email address:
[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?
The EPA is approving updates to Chapter V of the Polk County Board
of Health Rules and Regulations pertaining to air quality into Iowa's
SIP. Detailed information regarding the revisions is included in the
Technical Support Document (TSD) that is in the docket for the EPA's
proposed approval (88 FR 40392, July 28, 2021).
The 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 approved revisions to the Iowa SIP also
grant Polk County the ability to publish public notices and provide the
opportunity to comment on permit modifications online rather than in
area newspapers which is consistent with recent revisions to Iowa's SIP
(83 FR 191, October 2, 2018).
As stated in the proposed approval, 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 approving 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.
II. Have the requirements for approval of a SIP revision been met?
The state's submittals met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submittals also
satisfy the completeness criteria of 40 CFR part 51, appendix V. In
addition, the EPA has determined that the revisions meet the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations. These revisions are also consistent with
applicable EPA requirements of title V of the CAA and 40 CFR part 70.
The EPA proposed approval of the Polk County Code of Regulations
revisions into the Iowa SIP in a Federal Register document dated July
28, 2021 (88 FR 40392). The 30-day public comment period closed on
August 27, 2021. No comments were received.
III. What action is the EPA taking?
The EPA is taking final action to approve revisions to the Iowa SIP
to include the revisions to Chapter V of the Polk County Code of
Regulations pertaining to air quality.
The 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
[square] 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:
[square] 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);
[square] Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
[square] 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.);
[square] Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
[square] Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
[square] Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
[square] Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
[[Page 52415]]
[square] Is not subject to requirements of the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
[square] 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 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 November 22, 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
Environmental protection, Air pollution control, Continuous
monitoring systems, Incorporation by reference, Performance and stack
testing, and Reporting and recordkeeping requirements.
Dated: September 10, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
as set forth below:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart Q--Iowa
0
2. In Sec. 52.820, the table in paragraph (c) is amended by revising
the entry ``Chapter V'' under the heading ``Polk County'' to read as
follows:
Sec. 52.820 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Iowa Regulations
----------------------------------------------------------------------------------------------------------------
State
Iowa citation Title effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
Iowa Department of Natural Resources Environmental Protection Commission [567]
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Polk County
----------------------------------------------------------------------------------------------------------------
Chapter V................. Polk County Board of 11/30/18 9/21/2021, [insert Article I, Section 5-2,
Health Rules and Federal Register definition of
Regulations Air citation]. ``anaerobic lagoon'' and
Pollution Chapter V. ``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 5-75 B are not
part of the SIP.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2021-20157 Filed 9-20-21; 8:45 am]
BILLING CODE 6560-50-P
