Federal Register - June 25, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations Chapter 22, Controlling Pollution;
Chapter 23, Emission Standards for Contaminants;
Chapter 25, Measurement of Emissions; and Chapter 33, Special Regulations and Construction Permit Requirements for Major Stationary Sources Prevention of Significant Deterioration PSD of Air Quality.
The revision includes a request for EPA to approve references in Chapter 22
to allow for electronic submittal of air quality permit applications, streamlined alternatives to traditional applications, such as registrations, notifications, and template applications, construction permit applications, acid rain permit applications, notifications, emissions inventory, certifications, determination requests, fees, forms, and payments.
The revision includes the new definitions of electronic format, electronic submittal, and electronic submittal format. The revisions also update the construction permit application provisions to specify the types of submittals that may be included in an electronic submittal option, updates methods and procedures for stack sampling and associated analytical methods, updates the definition of volatile organic compounds for prevention of significant deterioration PSD and updates the applicability of the PSD rule to construction of any new major stationary source. The specific changes and EPA analysis are discussed in more detail the proposed rule included in the docket for this action.
The EPA solicited comments on the proposed revision to Iowas SIP, and did not receive any comments.
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II. Have the requirements for approval of a SIP revision been met?
The August 12, 2020 submission met the public notice requirements for SIP
submissions in accordance with 40 CFR
51.102. The State held a public comment period from March 11 to April 13, 2020, with a public hearing on April 13, 2020. No public comments were received.
The items related to electronic submittal of permit applications and emissions inventories, were placed on public notice at various dates specified above. The supporting documentation has been included in the docket. The only comment made specifically regarding the language pertaining to Iowas electronic document receiving system was made by EPA and was resolved by EPAs approval of Iowas electronic document receiving systems pursuant to CROMERR requirements.
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The above submittals satisfy the completeness criteria of 40 CFR part 51, appendix V. In addition, these revisions meet the substantive SIP requirements of the CAA, including section 110 and implementing regulations. Finally, the revisions are also consistent with applicable EPA requirements of Title V
of the CAA and 40 CFR part 70.
III. What action is the EPA taking?
The EPA is taking final action to approve revisions to the Iowa SIP and the Operating Permits Program. The revisions update the definitions of EPA
Reference Method and volatile organic compounds, updates the definitions to adopt the most current EPA methods for measuring air pollutant emissions, performance testing, and continuous monitoring, and to reflect changes EPA has made to the definitions. The revisions also add regulatory cross-references, and define electronic format, electronic submittal, and electronic submittal format to facilitate the Departments launch of EASY Air, a new online electronic method for submitting air quality permit applications.
EPA has determined that approval of these revisions will not impact air quality and will ensure consistency between the state and federallyapproved rules, and ensure Federal enforceability of the states 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 EPAs approval, and will be incorporated by reference in the next update to the SIP compilation.1
1 62
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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 Act and applicable Federal regulations.
42 U.S.C. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, the EPAs 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;
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. 1044;
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 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
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