[Federal Register Volume 60, Number 209 (Monday, October 30, 1995)]
[Rules and Regulations]
[Pages 55198-55200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22333]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IA-15-1-7173; FRL-5287-2]


Approval and Promulgation of Implementation Plans; State of Iowa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This final action approves the State Implementation Plan (SIP) 
revision submitted by the state of Iowa. The revision includes special 
requirements for nonattainment areas, compliance and enforcement 
information, and adoption of EPA definitions. These revisions 
strengthen the SIP with respect to attainment and maintenance of 
established air quality standards.

effective DATE: This rule is effective on November 29, 1995.

ADDRESSES: Copies of the documents relevant to this action 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 & Radiation Docket and 
Information Center, 401 M Street SW., Washington, DC 20460.

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

SUPPLEMENTARY INFORMATION: On June 23, 1995, the EPA published a direct 
final rule (60 FR 32601-3263) for an SIP revision and received one 
adverse comment concerning special requirements for nonattainment 
areas. Therefore, the EPA is addressing that comment and taking final 
action.

Public Comment

    As indicated in EPA's direct final notice at 60 FR 32601, the state 
has deleted subrule 22.5(2)c. This provision exempted sources in 
secondary particulate matter nonattainment areas from offset 
requirements if they could show that offsets were not reasonably 
available.
    In response to this change, a commenter noted that the rule enabled 
an applicant to ``demonstrate'' that emission offsets were not 
reasonably available. The commenter further stated that deleting this 
rule was too restrictive and should not be approved.

Background and Response to Comment

    The rule in question concerns the requirement for emission offsets 
in nonattainment areas. The Act, as amended in 1990, requires a source 
in an area designated nonattainment to achieve offsets so that even 
with emission increases from the new source, 

[[Page 55199]]
there is reasonable further progress towards attainment in the area.
    Iowa's preamended rule was developed for certain particulate matter 
nonattainment areas. The purpose was to attain the national ambient air 
quality standards for total suspended particulate matter (TSP). Under 
the TSP standards (which had a secondary standard in addition to the 
primary standard), some areas in Iowa were nonattainment for the 
secondary standard, but not for the primary standard. The rule relating 
to reasonably available offsets did not apply in primary nonattainment 
areas.
    After promulgation of the new PM10 standard in 1987 (which 
replaced the TSP standard), the distinction between primary and 
secondary standards for particulate lost its regulatory significance 
since EPA set the same levels for the primary and secondary PM10 
standards (see 40 CFR 50.6).
    In other words, if Iowa had any particulate matter nonattainment 
areas under the new standard, such areas would necessarily be in 
violation of both the primary and secondary standard. Therefore, the 
provisions of the former 22.5(2)c would not apply. In addition, since 
Iowa currently has no designated particulate nonattainment areas, there 
are no particulate matter offset requirements in effect.
    Iowa has chosen to amend its new source review rules to meet the 
requirements of the Act. Iowa is also in the process of making 
additional revisions to its rules to meet the requirements of section 
110 and part D of title I of the Act to address the primary SO2 
nonattainment area in Muscatine. Iowa's decision to eliminate the 
``reasonably available'' offset provision is consistent with its 
overall effort to meet the requirements of the Act, as amended in 1990.
    Therefore, because it is consistent with the Act, and for the 
reasons stated in EPA's June 23, 1995, notice, EPA is approving the 
Iowa revision.

EPA Action

    EPA is taking final action to approve revisions submitted on 
October 18, 1994, and January 26, 1995, for the state of Iowa.
    Nothing in this action should be construed as permitting, allowing, 
or establishing a precedent for any future request for a revision to 
any SIP. Each request for a revision to the SIP shall be considered 
separately in light of specific technical, economic, and environmental 
factors, and in relation to relevant statutory and regulatory 
requirements.
    SIP approvals under section 110 and subchapter I, part D of the Act 
do not create any new requirements, but simply approve requirements 
that the state is already imposing. Therefore, because the Federal SIP 
approval does not impose any new requirements, EPA certifies that it 
does not have a significant impact on any small entities affected. 
Moreover, due to the nature of the Federal-state relationship under the 
Act, preparation of a regulatory flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
Act 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)).
    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995, memorandum from Mary Nichols, Assistant Administrator 
for Air and Radiation. The Office of Management and Budget has exempted 
this regulatory action from E.O. 12866 review.

Unfunded Mandates

    Under sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 
1995, EPA must undertake various actions in association with proposed 
or final rules that include a Federal mandate that may result in 
estimated costs of $100 million or more to the private sector, or to 
state, local, or tribal governments in the aggregate.
    Through submission of this SIP, the state has elected to adopt the 
program provided for under section 110 of the Clean Air Act. These 
rules may bind state and local governments to perform certain actions 
and also require the private sector to perform certain duties. To the 
extent that the rules being finalized for approval by this action will 
impose new requirements, sources are already subject to these 
regulations under state law. Accordingly, no additional costs to state 
or local governments, or to the private sector, result from this final 
action. EPA has also determined that this final action does not include 
a mandate that may result in estimated costs of $100 million or more to 
state or local governments in the aggregate or to the private sector.
    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 29, 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).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: August 18, 1995.
Dennis Grams,
Regional Administrator.

    Part 52, 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)(61) to read as 
follows:


Sec. 52.820  Identification of plan.

* * * * *
    (c) * * *
    (61) On October 18, 1994, and January 26, 1995, the Director of the 
Iowa Department of Natural Resources submitted revisions to the state 
implementation plan (SIP) to include special requirements for 
nonattainment areas, provisions for use of compliance, and enforcement 
information and adoption of EPA definitions. These revisions fulfill 
Federal regulations which strengthen maintenance of established air 
quality standards.
    (i) Incorporation by reference.
    (A) Revised rules ``Iowa Administrative Code,'' effective November 
16, 1994. This revision approves revised rules 567-20.2, 567-22.5(1)a, 
567-22.5(1)f(2), 567-22.5(1)m, 567-22.5(2), 567-22.5(3), 567-22.5(4)b, 
567-22.5(6), 567-22.5(7), 567-22.105(2), and new rule 567-21.5. These 
rules provide for special requirements for nonattainment areas, 
provisions for use of compliance and enforcement information and adopts 
EPA's definition of volatile organic compound. 

[[Page 55200]]

    (B) Revised rules, ``Iowa Administrative Code,'' effective February 
22, 1995. This revision approves new definitions to rule 567-20.2. This 
revision adopts EPA's definitions of ``EPA conditional method'' and 
``EPA reference method.''
    (ii) Additional material.
    None.

[FR Doc. 95-22333 Filed 10-27-95; 8:45 am]
BILLING CODE 6560-50-P