[Federal Register Volume 89, Number 76 (Thursday, April 18, 2024)]
[Proposed Rules]
[Pages 27697-27699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08283]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2024-0130; FRL-11827-01-R7]
Air Plan Approval; IA; Linn County Ordinances
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 to this rule include updating definitions and references to
federal rules, revising methods and procedures for performance test/
stack test and continuous monitoring systems, and making minor
clarifications and grammatical changes. These revisions do not impact
the stringency of the SIP or have an adverse effect on air quality. The
EPA's proposed approval of this rule revision is being done in
accordance with the requirements of the Clean Air Act (CAA).
DATES: Comments must be received on or before May 20, 2024.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2024-0130 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: Bethany Olson, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7905; 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. Have the requirements for approval of a SIP revision been met?
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2024-
0130, 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
[[Page 27698]]
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 revisions to the Iowa SIP received
on October 17, 2022. The state withdrew certain provisions of the
request on February 7,2024. The revisions are to Linn County Code of
Ordinances Chapter 10, Article III ``Air Qualtiy''. The 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 updated definitions and references to federal
rules, revised methods and procedures for performance test/stack test
and continuous monitoring systems, and minor clarifications and
grammatical changes.
EPA proposes to find that these revisions meet the requirements of
the Clean Air Act, do not impact the stringency of the SIP, and do not
adversely impact air quality. The full text of the rule revisions as
well as EPA's analysis of the revisions can be found in the technical
support document (TSD) included in this docket.
III. Have the requirements for approval of a SIP revision been met?
The State submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. Linn
County provided public notice on this SIP revision from April 1, 2022,
to May 2, 2022, and received no comments. In addition, as explained
above and in more detail in the technical support document which is
part of this document, the revision meets the substantive SIP
requirements of the CAA, including section 110 and implementing
regulations.
IV. What action is the EPA taking?
The EPA is proposing to amend the Iowa SIP by approving the State's
request to revise Linn County Code of Ordinances, Chapter 10. We are
processing this as a proposed action because we are soliciting comments
on this proposed action. Final rulemaking will occur after
consideration of any comments.
V. 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 finalizing the
incorporation by reference of the Linn County Air Quality Ordinance,
Chapter 10, with an effective date of May 14, 2022, which regulates air
quality in Linn County. The EPA has made, and will continue to make,
these materials generally available through https://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).
VI. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air 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 Clean Air Act.
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 14094 (88 FR 21879, April 11, 2023);
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
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 Clean Air Act.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where 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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The Iowa Department of Natural Resources did not evaluate
environmental justice considerations as part of its SIP submittal; the
CAA and applicable implementing regulations neither prohibit nor
require such an evaluation. EPA did not perform an EJ analysis and did
not consider EJ in this action. Due to the nature of the action being
taken here, this action is expected to have a neutral to positive
impact on the air quality of the affected area. Consideration of EJ is
not required as part of this action, and there is no
[[Page 27699]]
information in the record inconsistent with the stated goal of E.O.
12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: April 11, 2024.
Meghan A. McCollister,
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'' under the heading ``Linn 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 date EPA approval date Explanation
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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 5/14/2022 [Date of The following definitions are not
Quality publication of SIP-approved in Chapter 10-55;
Ordinance, the final rule in Anaerobic lagoon, Biomass,
Chapter 10. the Federal Chemical processing plants
Register], (ethanol production facilities
[Federal Register that produce ethanol by natural
citation of the fermentation included in NAICS
final rule]. code 325193 or 312140 are not
included in this definition);
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,
(b)(2); 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-
63, Open Burning, (a)(3)e.3.
Variance from Rules; 10-64,
Emission of Objectionable Odors;
10-68, Variances; 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. 2024-08283 Filed 4-17-24; 8:45 am]
BILLING CODE 6560-50-P