[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]


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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.

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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\
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    \1\ 62 FR 27968, May 22, 1997.
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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.

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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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                                                   Polk County
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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.
 
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[FR Doc. 2021-20157 Filed 9-20-21; 8:45 am]
BILLING CODE 6560-50-P