[Federal Register Volume 85, Number 36 (Monday, February 24, 2020)]
[Rules and Regulations]
[Pages 10292-10294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02893]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2019-0477; FRL-10005-35-Region 7]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
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: This final rule is effective on March 25, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2019-0477. 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; telephone number (913) 551-
7719; email address [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to EPA. This section provides additional information by 
addressing the following:

Table of Contents

I. Background
II. What is being addressed in this document?

[[Page 10293]]

III. Have the requirements for approval of the SIP revisions been 
met?
IV. The EPA's Response to Comments
V. What action is the EPA taking?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews

I. Background

    On July 3, 2018, the Iowa Department of Natural Resources (IDNR) 
submitted to EPA a revision to its SIP requesting incorporation of 
recent changes to the Linn County, Iowa, Code of Ordinances. 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 EPA published a proposal to approve Iowa's SIP revision request 
in the Federal Register on November 25, 2019 (84 FR 227). No comments 
were received. The purpose of this action is to grant final approval of 
Iowa's SIP revision request to incorporate the Linn County Code of 
Ordinance revisions into Iowa's SIP.

II. What is being addressed in this document?

    The EPA is granting final approval of a submission from the State 
of Iowa to revise its SIP to incorporate recent updates to Chapter 10, 
Environment, Article III, Air Quality (hereafter referred to as 
``Chapter 10'') pertaining to air quality. The revisions to the Iowa 
SIP are incorporating 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). The 
EPA is also approving provisions into the Iowa SIP to codify its 
existing policy and procedures for appealing permits.
    As stated in the proposed rulemaking, 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. Have the requirements for approval of the SIP revisions been met?

    The State submission has 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 submission satisfies the completeness criteria of 40 CFR 
part 51, appendix V. In addition, as explained in more detail in the 
proposed rulemaking published in the Federal Register on November 25, 
2019, these revisions meet the substantive SIP requirements of the CAA, 
including section 110 and implementing regulations.

IV. The EPA's Response to Comments

    The public comment period for the EPA's proposed rule opened 
November 25, 2019, the date of its publication in the Federal Register, 
and closed on December 26, 2019. During this period, the EPA received 
no comments.

V. What action is the EPA taking?

    The EPA is approving revisions to the Iowa SIP to incorporate the 
revisions to Chapter 10 of the Linn County Code of Ordinances. The 
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 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\
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    \1\ 62 FR 27968 (May 22, 1997).
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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, 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 the National Technology 
Transfer and Advancement Act (NTTA) because this rulemaking does not 
involve technical standards; 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).

[[Page 10294]]

    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, 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. 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 April 24, 2020. 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, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements, Volatile organic compounds.

    Dated: February 7, 2020.
James Gulliford,
Regional Administrator, Region 7.
    For the reasons stated in the preamble, the 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 10'' to read as follows:


Sec.  52.820  Identification of plan.

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    (c) * * *

                                          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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                                                   Linn County
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Chapter 10......................  Linn County Air         6/5/2018  2/24/2020, [insert   The following
                                   Quality Ordinance,                Federal Register     definitions are not
                                   Chapter 10.                       citation].           SIP-approved in
                                                                                          Chapter 10-55;
                                                                                          Anaerobic lagoon,
                                                                                          Biomass, Chemical
                                                                                          processing plants
                                                                                          (ethanol production
                                                                                          facilities that
                                                                                          produce ethanol by
                                                                                          natural 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. 2020-02893 Filed 2-21-20; 8:45 am]
 BILLING CODE 6560-50-P