[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]
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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.
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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 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.
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(c) * * *
Approved Iowa Regulations
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State
Iowa citation Title effective date EPA approval date Explanation
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Iowa Department of Natural Resources Environmental Protection Commission [567]
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Polk County
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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.
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[FR Doc. 2021-15733 Filed 7-27-21; 8:45 am]
BILLING CODE 6560-50-P