[Federal Register Volume 84, Number 227 (Monday, November 25, 2019)]
[Proposed Rules]
[Pages 64803-64806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25265]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2019-0477; FRL-10002-35-Region 7]


Air Plan Approval; Iowa; Linn County; State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Iowa State Implementation Plan (SIP) to 
include recent changes to the Linn County Code of Ordinances. The 
revisions include updating definitions and references to the effective 
dates the Federal rules were approved into the State's SIP, revising 
methods and procedures for performance test/stack test and continuous 
monitoring systems, and updating the Linn County permits program. These 
revisions will not adversely impact air quality and will ensure 
consistency between the state and federally approved rules.

DATES: Comments must be received on or before December 26, 2019.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2019-0477 to https://www.regulations.gov. Follow the online 
instructions for submitting comments.
    Instructions: All submissions received must include the Docket ID 
No. for this rulemaking. Comments received will be posted without 
change to https://www.regulations.gov/, including any personal 
information provided. For detailed instructions on sending comments and 
additional information on the rulemaking process, see the ``Written 
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this 
document.

FOR FURTHER INFORMATION CONTACT: Stephanie Doolan, Environmental 
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201 
Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-
7719; email address [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to the EPA.

Table of Contents

I. Written Comments
II. What is being addressed in this document?
III. What SIP revisions are being proposed by the EPA?
IV. Have the requirements for approval of a SIP been met?
V. What actions are proposed?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews

I. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2019-
0477 at https://www.regulations.gov. Once submitted, comments cannot be 
edited or removed from Regulations.gov. The EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

II. What is being addressed in this document?

    The EPA is proposing to approve a submission from the State of Iowa 
to revise its SIP to incorporate recent updates to Chapter 10 of Linn 
County's Code of Regulation pertaining to air quality. The Clean Air 
Act (CAA) allows authorized states to delegate portions of the Act's 
implementation and enforcement to local governments such as Linn 
County. The revisions to the Iowa SIP incorporate Linn County's updated 
definitions and references to the effective dates of Federal rules 
approved into the State's SIP, renumbering, revising methods and 
procedures for performance test/stack test and continuous monitoring 
systems, and revising the public notice and participation requirements 
to allow permit modifications to be published online rather than in 
area newspapers which is consistent with recent revisions to Iowa's SIP 
(83 FR 191, October 2, 2018). Linn County also added provisions to 
codify its existing policy and procedures for appealing permits which 
is proposed for approval into the Iowa SIP.
    The EPA is not acting on portions of Linn County Chapter 10-58, 
Permits for New and Existing Stationary Sources, and Chapter 10-59, 
Permit Fees, that pertain to Prevention of Significant Deterioration 
(PSD) regulations because Iowa has not delegated the PSD program 
authority to Linn County. The EPA is also not acting on the revisions 
to Chapter 10-67, Excess Emissions at this time.

III. What SIP revisions are being proposed by the EPA?

    The EPA is proposing approval of the revisions to the Iowa SIP to 
incorporate revisions to Chapter 10 of the Linn County Code of 
Ordinances listed

[[Page 64804]]

below. If a subchapter is not listed below, the only change is its 
number. A Technical Support Document (TSD) with a detailed description 
of the proposed revisions and the rationale for approval has been 
prepared by the EPA and is provided in the docket for this proposed 
action.
    Linn County subchapters have been renumbered and in some cases 
renamed. The TSD, included in the docket, provides a cross-reference to 
the former subchapter number and/or name. Renumbering and renaming has 
no impact on air quality thus EPA proposes to approve these revisions 
into the Iowa SIP.
    Chapter 10-54, Purpose and Ambient Air Quality Standards. The 
ordinance revisions update the effective dates and remove a reference 
to new source permitting provisions in Chapter 10-58. The ordinance 
revisions are administrative updates that do not negatively impact air 
quality and ensure greater consistency with the Iowa regulations.
    Chapter 10-55, Definitions. The definitions for ``EPA reference 
method'' and ``Volatile Organic Compound'' have been revised to 
reference the most recent Federal rule approved in the Iowa SIP, which 
is amended through August 30, 2016. These definitions are consistent 
with the state and Federal rules. As such, the EPA proposes to approve 
them into the Iowa SIP.
    Chapter 10-57, Title V Permits. This chapter was revised to exclude 
``and Voluntary'' from its title and to eliminate former paragraph 2, 
Voluntary Operating Permits. Since the provision for voluntary 
operating permits is removed from the Linn County Code of Ordinances 
EPA concurs with its removal from the SIP. There are no impacts to air 
quality from these revisions.
    Chapter 10-58, Permits for New and Existing Stationary Sources. The 
revisions to Chapter 10-58 include provisions in paragraph (b)(2)(h), 
Authorization to install permit applications, the requirement to submit 
an application for a case-by-case Maximum Achievable Control Technology 
(MACT) determination, revisions to public notice and participation 
requirements, and exemptions regarding fuel burning equipment. The EPA 
proposes to approve the provisions of Chapter 10-58 (b)(2)(h) allowing 
for a case-by-case MACT determination because the definitions upon 
which this paragraph relies for ``MACT'' and ``MACT floor'' are 
equivalent to the definitions in Iowa Code that EPA has already 
approved into the SIP. The EPA also proposes to approve the revisions 
to paragraphs (K)(1) and (2) regarding exemptions for fuel-burning 
equipment because these local air quality rules are the same or more 
stringent that the corresponding Iowa code.
    Linn County ordinances have been revised to be consistent with 
revisions made by the State to address public participation 
requirements for the PSD program to reflect updates to the Federal 
regulations, at 40 CFR part 51, subpart I, published October 18, 2016. 
Consistent with the Iowa SIP revision approved by EPA on October 2, 
2018 (83 FR 191), the Linn County code revision removes the 
requirements for advertisement in a newspaper of general circulation in 
each region in which the proposed source will be constructed, and 
provides for posting of the public comment period on a website 
identified by the county. The electronic notice shall be available for 
the duration of the public comment period and include the notice of 
public comment, the draft permit(s), information on how to access the 
administrative record for the draft permit(s), and how to request or 
attend a public hearing on the draft permit(s). Because this Linn 
County code revision is consistent with the EPA's previous SIP 
approval, for the same reasons stated in the previous approval, the EPA 
proposes to approve it into the Iowa SIP.
    Chapter 10-59, Permit Fees. Based on an email from Iowa Department 
of Natural Resources (IDNR) to the EPA dated July 9, 2018, which is 
provided in the docket, it requests removal of fees associated with PSD 
permit applications and all references to fees in the Linn County SIP 
submittal. Thus, the EPA is not proposing to approve portions of the 
Linn County ordinance revisions that reference PSD permitting fees.
    Chapter 10-61, Emissions from Fuel-Burning Equipment. The revisions 
to the ordinance include a corrected reference to Chapter 10-62, and a 
revision of a paragraph number. The EPA proposes to approve these minor 
editorial revisions into the SIP because there is no adverse impact to 
air quality.
    Chapter 10-62, Emissions Standards. Revisions to the chapter 
include updated references to dates of corresponding Federal rule 
updates, the addition of the word ``dry'' to ``standard cubic foot of 
exhaust gas,'' removal of specific sources from New Source Performance 
Standards (NSPS), addition of Nitric Acid Plants to NSPS regulation, 
removal of beryllium sources and Arsenic Glass Manufacturing Plants 
from regulation under National Emission Standards for Hazardous Air 
Pollutants (NESHAPs), and removal of a number of major sources of 
Hazardous Air Pollutants (HAPs) from its codes. The EPA proposes to 
approve the removal of the source types deleted from Linn County code 
because there are no regulated source types of these HAPs or processes 
currently in the state, nor are any anticipated to be permitted or 
contructed. Regarding the addition of the regulations for Nitric Acid 
Plants, the EPA proposes to approve these changes into Iowa's SIP 
because the Linn County code is consistent and at least as stringent as 
Federal and state regulations. The EPA will not act on revisions to 
Linn County code paragraphs (b), NSPS, (c), Emission Standards for 
Hazardous Air Pollutants, and (d), Emission Standards for Hazardous Air 
Pollutants for Source Categories, because these regulations are 
approved as Iowa delegations.
    Chapter 10-63, Open Burning. The Linn County code includes a 
clarification of the amount of time open burning is authorized, 
eliminating the 30-day minimum. The EPA proposes to approve this 
revision into the Iowa SIP because this clarification does not pose a 
negative impact to air quality.
    Chapter 10-65, Sulfur Compounds. Linn County revised the numbering 
of the first paragraph to ``(a).'' The EPA proposes to approve this 
minor editorial change into the Iowa SIP.
    Chapter 10-67, Excess Emissions. The EPA does not intend to approve 
the revisions to this chapter in this action.
    Chapter 10-69, Circumvention. The only revision in this subchapter 
is the renumbering of the first paragraph. Thus, the EPA proposes to 
approve this editorial revision into the Iowa SIP.
    Chapter 10-70, Testing and Sampling of New and Existing Equipment. 
Linn County revised its references to the most recent Federal rule 
approved in the Iowa SIP, which is amended through August 30, 2016. The 
EPA proposes to approve these updated references into the Iowa SIP. The 
EPA does not propose to approve paragraph (k), Continuous Emission 
Monitoring Under the Acid Rain Program, because it has not previously 
been approved into the Iowa SIP.
    Chapter 10-74, Prevention of Air Pollution Emergency Episodes. 
Revisions to this subchapter consist of editorial changes and revisions 
to the level of ozone triggering an alert. EPA proposes to approve 
these revisions into the Iowa SIP because they do not negatively impact 
air quality.
    Chapter 10-75, Enforcement. The only revision to the Linn County 
code is renumbering the first paragraph to ``a.'' Thus, the EPA 
proposes to approve this minor change into the Iowa SIP.

[[Page 64805]]

    Chapter 10-76, Sealing. The only revision to the Linn County code 
is renumbering the first paragraph to ``a.'' Thus, the EPA proposes to 
approve this minor change into the Iowa SIP.
    In addition to the ordinance revisions listed above, the state also 
requested the EPA approve the definitions of ``MACT'' and ``MACT 
floor'' into its SIP. These definitions were initially submitted by 
Iowa to the EPA on August 30, 2012, but were inadvertently omitted from 
previous Linn County SIP revisions. The definitions are identical to or 
more stringent than the parallel definitions in the Iowa Administrative 
Code that the EPA has previously approved. Thus, the EPA proposes 
approval of these definitions into the SIP for greater consistency 
between the state and local regulations.

IV. Have the requirements for approval of a SIP been met?

    The submission met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. Linn County held a public 
comment period from April 24, 2018, to May 23, 2018. No comments were 
received. The Linn County Board of Supervisors adopted the revisions 
into its air quality ordinance on May 30, 2018. The effective date was 
June 5, 2018. The submission also satisfies the completeness criteria 
of 40 CFR part 51, appendix V. In addition, these revisions meet the 
substantive SIP requirements of the CAA, including section 110 and 
implementing regulations. These revisions are also consistent with 
applicable EPA requirements of Title V of the CAA and 40 CFR part 70.

V. What actions are proposed?

    The EPA is proposing to approve revisions to the Iowa SIP to 
incorporate the revisions to Chapter 10 of the Linn County Code of 
Ordinances. The proposed revisions clarify rules, make revisions and 
corrections, and rescind rules no longer relevant to the air program. 
The EPA has determined that approval of these revisions will not 
adversely impact air quality and will ensure consistency between the 
local, state and federally-approved rules, and ensure Federal 
enforceability of the state's revised air program rules.

VI. Incorporation by Reference

    In this document, the EPA is proposing to include regulatory text 
in an EPA final rule that includes incorporation by reference. In 
accordance with requirements of 1 CFR 51.5, the EPA is proposing to 
incorporate by reference the Iowa Regulations described in the proposed 
amendments to 40 CFR part 52 set forth below. The EPA has made, and 
will continue to make, these materials generally available through 
www.regulations.gov and at the EPA Region 7 Office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).

VII. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where the EPA or an Indian tribe has demonstrated 
that a tribe has jurisdiction. In those areas of Indian country, the 
rule does not have tribal implications and will not impose substantial 
direct costs on tribal governments or preempt tribal law as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000).

 List of Subjects

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements, Volatile organic compounds.

    Dated: November 15, 2019.
James Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA proposes to amend 
40 CFR part 52 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart Q--Iowa

0
2. In Sec.  52.820, the table in paragraph (c) is amended by revising 
the entry ``Chapter 10'' to read as follows:


Sec.  52.820  Identification of plan.

* * * * *
    (c) * * *

[[Page 64806]]



                                          EPA-Approved Iowa Regulations
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                                               State
    Iowa citation             Title          effective    EPA approval date               Explanation
                                                date
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                 Iowa Department of Natural Resources Environmental Protection Commission [567]
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                                                  * * * * * * *
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                                                   Linn County
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Chapter 10..........  Linn County Air          6/5/2018  [Date of             The following definitions are not
                       Quality Ordinance,                 publication of the   SIP-approved in Chapter 10-55;
                       Chapter 10.                        final rule in the    Anaerobic lagoon, Biomass,
                                                          Federal Register],   Chemical processing plants
                                                          [Federal Register    (ethanol production facilities
                                                          citation of the      that produce ethanol by natural
                                                          final rule].         fermentation included in NAICS
                                                                               code 325193 or 312140 are not
                                                                               included in this definition);
                                                                               Federally Enforceable; Greenhouse
                                                                               gases;
                                                                              The following sections are not SIP
                                                                               approved: 10-57(a), Title V
                                                                               Permits; 10-59(c), Fees
                                                                               Associated with PSD Applications;
                                                                               10-61, Emissions From Fuel-
                                                                               Burning Equipment, (c) Exemptions
                                                                               for Residential Heaters Burning
                                                                               Solid Fuels; 10-61, Emissions
                                                                               from Fuel-Burning Equipment, (d)
                                                                               Nuisance Conditions for Fuel
                                                                               Burning Equipment; 10-62,
                                                                               Emission Standards, (b) NSPS; 10-
                                                                               62(c), Emission Standards for
                                                                               HAPs; 10-62(d), Emission
                                                                               Standards for HAPs for Source
                                                                               Categories; 10-64, Emission of
                                                                               Objectionable Odors; 10-70,
                                                                               Testing and Sampling of New and
                                                                               Existing Equipment, (k)
                                                                               Continuous Emissions Monitoring
                                                                               from Acid Rain Program; and 10-
                                                                               77, Penalty.
 
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[FR Doc. 2019-25265 Filed 11-22-19; 8:45 am]
 BILLING CODE 6560-50-P