[Federal Register Volume 60, Number 113 (Tuesday, June 13, 1995)]
[Rules and Regulations]
[Pages 31090-31092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14389]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 62

[IA-13-1-6572a; FRL-5210-7]


Approval and Promulgation of Implementation Plans and Section 
111(d) Plans; State of Iowa, Polk County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This final action approves the State Implementation Plan (SIP) 
revision submitted by the state of Iowa on behalf of Polk County, and 
approves the addition of an emissions limit for sulfuric acid mist from 
sulfuric acid manufacturing to Iowa's section 111(d) plan.
    The state's revision involves modifications to the Polk County air 
pollution control rules. Polk County is an attainment area for all 
criteria pollutants. The Polk County air rules were revised to make 
them consistent with the state of Iowa's rules contained in the Iowa 
Administrative Code (IAC), which have been previously approved by EPA 
as meeting the requirements of the Clean Air Act.

DATES: This final rule is effective August 14, 1995 unless by July 13, 
1995 adverse or critical comments are received.

ADDRESSES: Copies of the state submittal and the EPA-prepared technical 
support document (TSD) are available for public inspection during 
normal business hours at the Environmental Protection Agency, Air 
Branch, 726 Minnesota Avenue, Kansas City, Kansas 66101; and EPA Air 
and Radiation Docket and Information Center, 401 M Street, S.W., 
Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Christopher D. Hess at (913) 551-7213.

SUPPLEMENTARY INFORMATION: Beginning with its initial submission in 
1972, the state of Iowa has operated a Federally approved SIP pursuant 
to the requirements of the Clean Air Act (CAA). During the past two 
decades, numerous revisions and updates have been made to the SIP in 
response to new Federal requirements.
    The state of Iowa's section 111(d) plan for the control of sulfuric 
acid mist emissions from existing sulfuric acid production plants and 
for the control of fluoride emissions from existing phosphate 
fertilizer plants was approved by EPA in a Federal Register notice, 
under the Code of Federal Regulations Part 62 (50 FR 52920), published 
December 27, 1985.

REVIEW OF STATE SUBMITTAL: On May 5, 1994, the state of Iowa submitted 
to EPA Polk County Ordinance No. 132, which [[Page 31091]] modifies the 
Polk County Board of Health regulation Chapter 5, Air Pollution. Polk 
County Ordinance No. 132, which was adopted by the Polk County Board of 
Supervisors on October 26, 1993, and became effective December 2, 1993, 
made a number of revisions to the Polk County air pollution control 
regulations. The state has provided evidence of control regulations. 
The state has provided evidence of the lawful adoption of regulations, 
public notice, and public hearing requirements.
    The state has requested that these revisions be approved as a 
modification of the SIP, with the exception of the following articles 
and sections: Chapter V, Article VI, Section 5-16 (n) and (p) (Specific 
Emissions Standards); Chapter V, Article VIII (Emission of Odors; 
Slaughterhouses; Reduction of Animal Matter); and Chapter V, Article 
XIII (Variances). The revisions include air pollution control 
definitions that parallel those in the IAC and in various Federal 
requirements for state programs; for example, definitions relating to 
new source permitting.
    Other revisions that were made in the Polk County air pollution 
control regulations include the following items.
    1. Visible Emission Measurement. In Chapter V, Articles III and IV, 
Sections 5-6, 5-8, and 5-9, references to the Ringelmann Chart as a 
measure of visible emissions were deleted, leaving opacity as the 
standard by which visible emissions are measured. The opacity standard 
by which visible emissions are measured has not been modified from that 
in the approved SIP. The deletion of the Ringelmann Chart as a measure 
of visible emissions makes the requirements consistent with the EPA-
approved, state rules, in chapter 23, sections 3(d) and 4(12).
    2. Stack Testing. In Chapter V, Article VII, Section 5-18, the 
conditions that must be satisfied when stack emission tests are 
required were revised to include earlier notification of stack testing 
by equipment owners. The revisions make the requirements consistent 
with the state rule in chapter 25, section 1(7).
    3. Fuel-Burning Permit Exemptions. In Chapter V, Article X, 
Sections 5-33 and 5-39, the capacity of fuel-burning equipment that is 
exempt from needing a permit was reduced from equipment with a capacity 
of less than 50 million Btu per hour input (in the previously approved 
SIP) to equipment with a capacity of less than 10 million Btu per hour 
input.
    Additionally, the exemption from needing a permit for fuel-burning 
equipment for indirect heating with a capacity less than one million 
Btu per hour input when burning No. 1 or No. 2 fuel, exclusively, was 
deleted. These revisions expand the coverage of emission-control 
requirements for fuel-burning sources. In addition, the revisions make 
these local requirements consistent with the state rule in chapter 22, 
section 1(2).
    4. Sulfuric Acid Emissions Limits. Polk County Ordinance No. 132 
also sets emissions limits for sulfuric acid mist from sulfuric acid 
manufacturing. The sulfuric acid mist emissions limit, as set in the 
ordinance, is 0.5 pounds of sulfuric acid mist per ton of acid 
produced. This is identical to the limit contained in EPA's ``Final 
Guideline Document: Control of Sulfuric Acid Mist Emissions from 
Existing Sulfuric Acid Production Units'' (EPA-450/2-77-019).
    For additional information on revisions made in the Polk County air 
pollution control regulations, the reader may refer to EPA's TSD 
prepared for this Iowa SIP revision.
    EPA Action: EPA is taking final action to approve the revisions to 
the SIP and 111(d) plan submitted on May 5, 1994, for the state of 
Iowa, Polk County. As discussed previously, this does not include the 
rules contained in Chapter V, Article VI, Section 5-16(n) and (p); 
Chapter V, Article VIII; and Chapter V, Article XIII.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP or 111(d) plan. Each request for a revision to the 
SIP or 111(d) plan shall be considered separately in light of specific 
technical, economic, and environmental factors and in relation to 
relevant statutory and regulatory requirements.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities (5 U.S.C. 603 and 604). 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, part D of the 
CAA, and 111(d) plan approvals under section 111 of the CAA do not 
create any new requirements, but simply approve requirements that the 
state is already imposing. Therefore, because the Federal SIP approval 
and 111(d) plan approval do not impose any new requirements, EPA 
certifies that they do not have a significant impact on any small 
entities affected.
    Moreover, due to the nature of the Federal-state relationship under 
the CAA, preparation of a regulatory flexibility analysis would 
constitute Federal inquiry into the economic reasonableness of state 
action. The CAA forbids EPA to base its actions concerning SIPs on such 
grounds (Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 
1976); 42 U.S.C. 7410(a)(2)).
    The Office of Management and Budget has exempted these actions from 
review under Executive Order 12866.
    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 14, 1995. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule 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)).
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in a separate document in the Federal 
Register publication, the EPA is proposing to approve the SIP revisions 
and 111(d) plan revision should adverse or critical comments be filed.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent notice that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent rule based on this action serving as a 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time.

List of Subjects in 40 CFR Parts 52 and 62

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides, Volatile organic 
compounds.

    [[Page 31092]] Dated: May 2, 1995.
Dennis Grams,
Regional Administrator.

    Chapter I, title 40 of the Code of Federal Regulations is amended 
as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart Q--Iowa

    2. Section 52.820 is amended by adding paragraph (c)(60) to read as 
follows:


Sec. 52.820  Identification of plan.

* * * * *
    (c) * * *
    (60) On May 5, 1994, the Director of the Iowa Department of Natural 
Resources submitted revisions to the State Implementation Plan (SIP) to 
update the state's incorporation by reference and conformity to various 
Federally approved regulations.
    (i) Incorporation by reference.
     (A) Revised rules, ``Polk County Ordinance No. 132--Polk County 
Board of Health Rules and Regulations,'' effective December 2, 1993. 
This revision approves all articles in Chapter V, except for Article 
VI, Section 5-16(n) and (p), Article VIII, and Article XIII.
    (ii) Additional material.
    (A) None.

PART 62--[AMENDED]

    1. The authority citation for part 62 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart Q--Iowa

    2. Section 62.3850 is amended by adding paragraph (b)(3) to read as 
follows:


Sec. 62.3850  Identification of plan.

* * * * *
    (b) * * *
    (3) Control of sulfur dioxide and sulfuric acid mist from sulfuric 
acid manufacturing plants in Polk County were adopted on October 26, 
1993, and submitted on March 23, 1994.
* * * * *
[FR Doc. 95-14389 Filed 6-12-95; 8:45 am]
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