[Federal Register Volume 89, Number 126 (Monday, July 1, 2024)]
[Rules and Regulations]
[Pages 54362-54364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14119]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2024-0130; FRL-11827-02-R7]


Air Plan Approval; Iowa; Linn County Ordinances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action 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 approval of this rule revision is being done in accordance with 
the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on July 31, 2024.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2024-0130. 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: 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 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 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 Quality''. 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 finds that these revisions meet the requirements of the CAA, 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.

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

    The State's 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. The EPA's Notice of Proposed 
Rulemaking and supporting information contained in the docket were made 
available for public comment from April 18, 2024, to May 20, 2024. The 
EPA received no comments. In addition, as explained above and in more 
detail in the technical support document which is part of this docket, 
the revision meets the substantive SIP requirements of the CAA, 
including section 110 and implementing regulations.

III. What action is the EPA taking?

    The EPA is taking final action to amend the Iowa SIP by approving 
the State's request to revise Linn County Code of Ordinances, Chapter 
10.

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 
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).

[[Page 54363]]

    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

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 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 CAA.
    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 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.
    This action is subject to the Congressional Review Act, and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).

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: June 20, 2024.
Meghan A. McCollister,
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'' under the heading ``Linn County'' to read as 
follows:


Sec.  52.820  Identification of plan.

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    (c) * * *

[[Page 54364]]



                                                              EPA-Approved Iowa Regulations
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                                                               State effective
            Iowa citation                      Title                 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  7/1/2024, [insert       The following definitions are not SIP-approved
                                       Quality Ordinance,                         Federal Register        in Chapter 10-55; Anaerobic lagoon, Biomass,
                                       Chapter 10.                                citation].              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);
                                                                                                          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. 2024-14119 Filed 6-28-24; 8:45 am]
BILLING CODE 6560-50-P