[Federal Register Volume 62, Number 134 (Monday, July 14, 1997)]
[Rules and Regulations]
[Pages 37514-37516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18250]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[FRL-5855-1]


Clean Air Act Final Full Approval of Operating Permits Program 
and Approval of Delegation of Section 112(l); State of Iowa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final full approval.

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SUMMARY: By this action the EPA grants final full approval to Iowa's 
Title V operating permit program for the purpose of meeting the 
requirements of 40 CFR Part 70. This fulfills the conditions of the 
interim approval granted on September 1, 1995, which became effective 
October 2, 1995.

DATES: This action is effective September 12, 1997 unless by August 13, 
1997 adverse or critical comments are received. If the effective date 
is delayed timely notice will be published in the Federal Register.

ADDRESSES: Copies of the documents relevant to this action are 
available for

[[Page 37515]]

public inspection during normal business hours at the: Environmental 
Protection Agency, Air Planning and Development Branch, 726 Minnesota 
Avenue, Kansas City, Kansas 66101; and the EPA Air & Radiation Docket 
and Information Center, 401 M Street, SW., Washington, DC 20460. 
Comments may be submitted to Christopher Hess, EPA, Air Planning and 
Development Branch, 726 Minnesota Avenue, Kansas City, Kansas 66101.

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

SUPPLEMENTARY INFORMATION:

I. Background

    In a rulemaking dated September 1, 1995 (60 FR 45671-45673), the 
EPA granted interim approval to Iowa's Title V program. This interim 
approval was necessary because the state needed to submit a revised 
workload analysis describing how the operating permits program would be 
implemented at the Iowa Department of Natural Resources (IDNR). Based 
on the proposed rulemaking dated April 26, 1995 (60 FR 20465-20469), 
the state made four rule revisions and finalized its operating permit 
fee with only the revised workload analysis still to be completed. This 
analysis was submitted to the EPA in a letter dated April 3, 1997. 
Thus, the state has now completed each of the requirements for final 
full approval.

II. Analysis of State Submission

    According to the conditions of the interim approval, the state of 
Iowa had the option to either hire the originally forecasted amount of 
personnel or revise its workload analysis to demonstrate how the Title 
V program could be implemented with fewer personnel.
    The IDNR's original program submittal forecasted approximately 520 
Title V sources in Iowa. Due to creation of a Federally Enforceable 
State Operating Permit Program that enables sources to limit their 
potential to emit and thus be excused from Title V requirements, the 
IDNR has reduced the number of Title V sources to approximately 290.
    The IDNR has a total of 75.5 personnel available for implementation 
of the program (including ``augmented'' personnel from the small 
business assistance and local agency programs). Additionally, the IDNR 
has six more authorized positions to fill and has requested five new 
positions for FY-98. This results in a total of 86.5 FTE for the 
program which is almost identical to the IDNR's original forecast. 
Thus, the EPA concludes that the state has an adequate amount of 
personnel to implement a Title V program and considers the state to 
have fulfilled the conditions necessary for final full approval.
    In terms of program design, the IDNR has created five sections to 
include: General (includes monitoring and technical assistance); 
Planning and Compliance (includes modeling, permit reporting, 
enforcement, stack testing); Compliance and Enforcement (includes 
inspections of Title V sources as well as those who have permit 
restrictions and must be verified as not subject to Title V); 
Construction Permits (including preconstruction permitting, 
applicability determinations, and emission control reviews); and the 
Operating Permits Section (including Title V review and general 
permits).
    This design and the number of personnel assigned to the various 
activities mirrors that of other state programs successfully 
implementing Title V programs.

III. Final Action

    The EPA grants final full approval to Iowa's Title V program since 
the state has fulfilled the conditions of the interim approval 
effective October 2, 1995. This meets the Federal requirements set 
forth in 40 CFR Part 70.
    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 this Federal 
Register publication, the EPA is proposing to grant final full approval 
should adverse or critical comments be filed. This action is effective 
September 12, 1997 unless, by August 13, 1997, adverse or critical 
comments are received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final 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. If no such comments are received, the public is 
advised that this action is effective September 12, 1997.

IV. Administrative Requirements

A. Executive Order 12866

    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 Executive Order 12866 review.

B. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to state, local, or tribal governments in the aggregate, or to 
private sector, of $100 million or more. Under section 205, the EPA 
must select the most cost effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires the EPA to establish a 
plan for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    The EPA has determined that the approval action promulgated does 
not include a Federal mandate that may result in estimated costs of 
$100 million or more to either state, local, or tribal governments in 
the aggregate, or to the private sector. This Federal action approves 
preexisting requirements under state or local law, and imposes no new 
requirements. Accordingly, no additional costs to state, local, or 
tribal governments, or to the private sector, result from this action.

C. Regulatory Flexibility Act

    The EPA's actions under section 502 of the Act do not create any 
new requirements, but simply address operating permits programs 
submitted to satisfy the requirements of 40 CFR Part 70. Because this 
action does not impose any new requirements, it does not have a 
significant impact on a substantial number of small entities. Moreover, 
due to the nature of the Federal-state relationship under the Clean Air 
Act (CAA), preparation of a regulatory flexibility analysis would 
constitute Federal inquiry into the economic reasonableness of state 
action. The CAA forbids the EPA to base its actions 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)).

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory

[[Page 37516]]

Enforcement Fairness Act of 1996, the EPA submitted a report containing 
this rule and other required information to the U.S. Senate, the U.S. 
House of Representatives, and the Comptroller General of the General 
Accounting Office prior to publication of this rule in today's Federal 
Register. This rule is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

E. Petitions for Judicial Review

    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 September 12, 1997. 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 70

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Operating permits, 
Reporting and recordkeeping requirements.

    Dated: June 24, 1997.
U. Gale Hutton,
Acting Regional Administrator.

    Part 70 chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 70--[AMENDED]

    1. The authority citation for part 70 continues to read as follows:

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

    2. Appendix A to part 70 is amended by adding paragraph (b) to the 
entry for Iowa to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs

* * * * *

Iowa

* * * * *
    (b) The Iowa Department of Natural Resources submitted a revised 
workload analysis dated April 3, 1997. This fulfills the final 
condition of the interim approval effective on October 2, 1995, and 
which would expire on October 1, 1997. The state is hereby granted 
final full approval effective September 12, 1997.
* * * * *
[FR Doc. 97-18250 Filed 7-11-97; 8:45 am]
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