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Federal Register / Vol. 86, No. 180 / Tuesday, September 21, 2021 / Rules and Regulations
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. EPAR07OAR20190708. 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
5517719; email address:
doolan.stephanie@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document we, us, and our refer to the EPA.
Table of Contents
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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 Iowas SIP. Detailed information regarding the revisions is included in the Technical Support Document TSD that is in the docket for the EPAs proposed approval 88 FR
40392, July 28, 2021.
The revisions to the Iowa SIP
incorporate Polk Countys updated definitions and references to the effective dates of Federal rules approved into the States 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
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in area newspapers which is consistent with recent revisions to Iowas 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 521, Permits for New and Existing Stationary Sources, and Chapter 1059, 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 states 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 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
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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
V. Statutory and Executive Order Reviews b 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:
b 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;
b Does not impose an information collection burden under the provisions of the Paperwork Reduction Act 44
U.S.C. 3501 et seq.;
b 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.;
b 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 1044;
b Does not have Federalism implications as specified in Executive Order 13132 64 FR 43255, August 10, 1999;
b Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 62 FR 19885, April 23, 1997;
b Is not a significant regulatory action subject to Executive Order 13211
66 FR 28355, May 22, 2001;
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