33544 Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations 

In addition, 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, this 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 August 24, 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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements. 

Dated: June 10, 2021. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

For the reasons stated in the 

preamble, the EPA amends part 52, 

chapter I, title 40 of the Code of Federal 

Regulations as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(348)(i)(A)(4) and 

(c)(518)(i)(E) to read as follows: 

§ 52.220 Identification of plan-in part. 

* * * * * 

(c) * * * 

(348) * * * 

(i) * * * 

(A) * * * 

(4) Previously approved on May 9, 

2011 in paragraph (c)(348)(i)(A)(3) of 

this section and now deleted with 

replacement in (c)(518)(i)(E)(1), Rule 

9510, ‘‘Indirect Source Review (ISR),’’ 

adopted on December 15, 2005. 

* * * * * 

(518) * * * 

(i) * * * 

(E) San Joaquin Valley Unified Air 

Pollution Control District. 

(1) Rule 9510, ‘‘Indirect Source 

Review (ISR),’’ amended on December 

21, 2017, but not in effect until March 

21, 2018. 

(2) [Reserved] 

* * * * * 

[FR Doc. 2021–13448 Filed 6–24–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 70 

[EPA–R07–OAR–2021–0266; FRL–10024– 

99–Region 7] 

Air Plan Approval; Iowa; State 

Implementation Plan and State Plans 

for Designated Facilities and 

Pollutants 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve revisions to the Iowa State 

Implementation Plan (SIP) and is also 

approving revisions to the Iowa 

Operating Permit Program. The 

revisions include updating definitions, 

regulatory references, requiring facilities 

to submit electronic emissions 

inventory information under the state’s 

Title V permitting program, and 

updating references for the most recent 

federally approved minimum 

specifications and quality assurance 

procedures for performance evaluations 

of continuous monitoring systems. EPA 

is also approving previous revisions to 

the Operating Permit Program that allow 

for electronic document submission that 

meet EPA’s requirements. These 

revisions will not impact air quality and 

will ensure consistency between the 

state and Federally approved rules. 

DATES: This final rule is effective on July 

26, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2021–0266. 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: 

Stephen Krabbe, Environmental 

Protection Agency, Region 7 Office, Air 

Quality and Planning Branch, 11201 

Renner Boulevard, Lenexa, Kansas 

66219; telephone number: (913) 551– 

7991 or by email at krabbe.stephen@

epa.gov. 

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? 

EPA is approving a submission from 

the State of Iowa to revise its SIP and 

the Operating Permits Program. On 

August 12, 2020, the Iowa Department 

of Natural Resources (IDNR) submitted 

a request to revise the SIP to incorporate 

recent changes to Iowa Administrative 

Code, including provisions relating to 

electronic submittal of information to 

IDNR that were revised in previous state 

rulemakings. The following chapters are 

impacted: 

• Chapter 20, ‘‘Scope of Title— 

Definitions;’’ 


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Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations 33545 

1 62 FR 27968, May 22, 1997. 

• 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 Iowa’s SIP, and did 

not receive any comments. 

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 

Iowa’s electronic document receiving 

system was made by EPA and was 

resolved by EPA’s approval of Iowa’s 

electronic document receiving systems 

pursuant to CROMERR requirements. 

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 Department’s 

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 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

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. 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: 

• 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. 104–4); 

• 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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33546 Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations 

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 August 24, 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 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

40 CFR Part 70 

Environmental protection, Acid rain, 

Administrative practice and procedure, 

Air pollution control, Hazardous 

substances, Intergovernmental relations, 

Licensing and registration, Reporting 

and recordkeeping requirements. 

Dated: June 14, 2021. 

Edward H. Chu, 

Acting Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, the EPA amends 40 CFR parts 

52 and 70 as set forth below: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart Q—Iowa 

■ 2. In § 52.820, the table in paragraph 

(c) is amended by revising the entries 

for ‘‘567–20.1’’, ‘‘567–22.1’’, ‘‘567– 

25.1’’, and ‘‘567–33.3’’ to read as 

follows: 

§ 52.820 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED IOWA REGULATIONS

Iowa 

citation Title 

State 

effective 

date 

EPA 

approval date Explanation 

Iowa Department of Natural Resources 

Environmental Protection Commission [567] 

Chapter 20—Scope of Title-Definitions 

567–20.1 ........... Scope of Title—Definitions ........... 7/22/2020 6/25/2021, [insert Federal Register citation].The definitions for ‘‘anaerobic lagoon,’’ ‘‘odor,’’ ‘‘odorous substance,’’ ‘‘odorous substance 

source’’ are not SIP approved. 

* * * * * * * 

Chapter 22—Controlling Pollution 

567–22.1 ........... Permits Required for New or Stationary Sources.7/22/2020 6/25/2021, [insert Federal Register citation].

* * * * * * * 

Chapter 25—Measurement of Emissions 

567–25.1 ........... Testing and Sampling of New and 

Existing Equipment.

7/22/2020 6/25/2021, [insert Federal Register citation].

* * * * * * * 

Chapter 33—Special Regulations and Construction Permit Requirements for Major Stationary Sources-Prevention of Significant 

Deterioration (PSD) of Air Quality 


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Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations 33547 

EPA-APPROVED IOWA REGULATIONS—Continued 

Iowa 

citation Title 

State 

effective 

date 

EPA 

approval date Explanation 

*******

567–33.3 ........... Special Construction Permit Requirements for Major Stationary 

Sources in Areas Designated 

Attainment or Unclassified 

(PSD).

7/22/2020 6/25/2021, [insert Federal Register citation].Provisions of the 2010 PM2.5

PSD—Increments, SILs and 

SMCs rule, published in the 

Federal Register on October 

20, 2010, relating to SILs and 

SMCs that were affected by the 

January 22, 2013, U.S. Court of 

Appeals decision are not, at the 

state’s request, included in 

Iowa’s SIP provisions (see Federal Register, March 14, 2014) 

(Vol. 79, No. 50). 

* * * * * * * 

* * * * * 

PART 70—STATE OPERATING PERMIT 

PROGRAMS 

■ 3. The authority citation for part 70 

continues to read as follows: 

Authority: 42 U.S.C. 7401, et seq. 

■ 4. In appendix A to part 70 the entry 

for ‘‘Iowa’’ is amended by adding 

paragraph (w) to read as follows: 

Appendix A to Part 70—Approval 

Status of State and Local Operating 

Permits Programs 

* * * * * 

Iowa 

* * * * * 

(w) The Iowa Department of Natural 

Resources submitted for program approval 

revisions to rules 567–22.100, 567–22.120, 

567–22.105(1), 567–22.106(2), and 567– 

22.128(4). The state effective date for 567– 

22.105(1) and 567–22.106(2) is April 17, 

2019. The state effective date for 567–22.100, 

567–22.120, and 567–22.128(4) is July 22, 

2020. This revision is effective August 24, 

2021. 

* * * * * 

[FR Doc. 2021–13456 Filed 6–24–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R08–OAR–2020–0741; FRL–10025– 

27–Region 8] 

Approval and Promulgation of 

Implementation Plans; Montana; Butte 

PM10 Nonattainment Area Limited 

Maintenance Plan and Redesignation 

Request 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the Limited 

Maintenance Plan (LMP) submitted by 

the State of Montana to EPA on March 

23, 2020, for the Butte Moderate 

nonattainment area (NAA) for 

particulate matter with an aerodynamic 

diameter less than or equal to a nominal 

10 micrometers (PM10) and concurrently 

redesignate the NAA to attainment for 

the 24-hour PM10 National Ambient Air 

Quality Standard (NAAQS). In order to 

approve the LMP and redesignation, 

EPA determined that the Butte, MT 

NAA has attained the 1987 24-hour 

PM10 NAAQS of 150 mg/m3. This 

determination is based upon monitored 

air quality data for the PM10 NAAQS 

during the years 2014 through 2018. The 

EPA is taking this action pursuant to the 

Clean Air Act (CAA). 

DATES: This rule is effective on July 26, 

2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2020–0741. All 

documents in the docket are listed on 

the http://www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

e.g., 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 http://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: Kate 

Gregory, Air and Radiation Division, 

U.S. Environmental Protection Agency 

(EPA), Region 8, Mail Code 8P–ARD– 

QP, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129, telephone 

number: (303) 312–6175, email address: 

gregory.kate@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ means the EPA. 

I. Background 

The background for this action is 

discussed in detail in our April 19, 2021 

proposal (86 FR 20353). In that 

document, we proposed to approve the 

LMP for the Butte NAA and the State’s 

request to redesignate the Butte NAA 

from nonattainment to attainment for 

the 1987 24-hour PM10 NAAQS. 

Additionally, we proposed to determine 

that the Butte NAA has attained the 

NAAQS for PM10. That determination 

was based upon monitored air quality 

data for the PM10 NAAQS during the 

years 2014 through 2018. Finally, in our 

April 19, 2021 proposal, EPA proposed 

to approve the Butte LMP as meeting the 

appropriate transportation conformity 

requirements found in 40 CFR part 93, 

subpart A. 

The public comment period on the 

EPA’s proposed rule opened on April 

19, 2021, the date of its publication in 

the Federal Register (86 FR 20353) and 

closed on May 19, 2021. During this 

time, the EPA received two comments, 

both in support of this action and 

neither require response to comment. 

II. Final Action 

For the reasons explained in our 

proposed action, we are approving the 

LMP for the Butte NAA and the State’s 

request to redesignate the Butte NAA 

from nonattainment to attainment for 

the 1987 24-hour PM10 NAAQS. 

Additionally, the EPA is determining 

that the Butte NAA has attained the 


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