[Federal Register Volume 63, Number 21 (Monday, February 2, 1998)]
[Rules and Regulations]
[Pages 5268-5269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2493]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IA 037-1037a; FRL-5955-4]


Approval and Promulgation of Implementation Plans; State of Iowa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This action approves revisions of the Iowa State 
Implementation Plan regarding two local air pollution control agencies. 
The scope of this action includes updated regulations for the Polk 
County Public Works Department (PCPWD) and Linn County Health 
Department (LCHD). These revisions include provisions such as 
definitions, permit exemptions, visible opacity and open burning.

DATES: This action is effective April 3, 1998, unless by March 4, 1998, 
adverse or critical comments are received. If the effective date is 
delayed timely notice will be publised in the Federal Register.

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

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

SUPPLEMENTARY INFORMATION: The two local air pollution control agencies 
in Iowa were created in December 1972. Throughout the past 25 years, 
these agencies periodically update their regulations to reflect 
revisions adopted by the Iowa Department of Natural Resources (IDNR) in 
the Iowa Administrative Code (IAC). This provides consistency for 
sources throughout the state.
    Both the PCPWD and LCHD provided drafts of rule revisions to the 
EPA beginning in 1994. Since that time, the EPA and IDNR have worked 
closely with the local agencies to ensure consistency with state and 
Federal regulations.
    These actions led to a request to revise the SIP for both local 
programs under the signature of Larry Wilson, Director, IDNR, in a 
letter dated April 2, 1997. Following an assurance that the request met 
all administrative requirements contained in 40 CFR part 51, the EPA 
provided a letter of completeness on June 5, 1997.
    In general terms, the regulations contained in the ``Polk County 
Board of Health Rules and Regulations: Chapter V, Air Pollution'' 
(effective December 18, 1996) and the ``Linn County Air Pollution 
Control Code of Ordinances'' (effective March 7, 1997) are consistent 
with applicable portions of federally approved rules contained in the 
IAC. In a technical support document entitled ``Revision of Iowa 
Local's State Implementation Plans'' dated September 26, 1997, the EPA 
has determined that the regulations adopted by both agencies are fully 
approvable. The rationale for approval is straightforward, and is not 
repeated here. The reader is encouraged to request and consult this 
document for specific descriptions of the changes made in the local 
regulations that are intended to provide consistency with the state's 
rules and various Federal regulations.
    Certain portions of the local rules are not part of the SIP (e.g., 
new source performance standards). While these updated regulations are 
an important component of the local air pollution programs, they are 
excluded from this action because they are not intended to meet the SIP 
requirements of section 110 of the Act. Therefore, the EPA is not 
taking action on those portions.
    This exclusion regards regulations (which are administered in Iowa 
by IDNR under various EPA approval and delegations) pertaining to Title 
V (regulated under part 70), New Source Performance Standards 
(delegated to the state under section 111), National Emissions 
Standards for Hazardous Air Pollutants (delegated to the state under 
section 112), Hazardous Air Pollutants (delegated to the state under 
section 112), and Sulfur Compounds (portions of which reflect the 
state's regulation of certain sulfuric acid mist emissions, and 
approved by the EPA under section 111). In addition, the EPA is not 
taking action on those portions regarding variances or odors. Finally, 
as explained in the TSD for this rule, the EPA is not acting on the 
Linn County definition of ``federally enforceable'' in section 10.2, 
since it is duplicative of another definition included in the portion 
of the local rules which specifically use the defined term.

I. Action

    The EPA is taking final action to approve revisions that pertain to 
the SIP submitted on April 2, 1997, for the two local air pollution 
control agencies in the state of Iowa. These revisions reflect rules 
adopted by the PCPWD which became effective December 18, 1996, and 
those adopted by the LCHD which became effective March 7, 1997.
    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 approve the SIP revision 
should adverse or critical comments be filed. This action is effective 
April 3, 1998, unless, by March 4, 1998, 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 April 3, 1998.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for 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.

II. Administrative Requirements

A. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., the 
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, the 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 
Clean Air Act (CAA) do not create any new requirements but simply 
approve requirements that the state is already imposing. Therefore, 
because the

[[Page 5269]]

Federal SIP approval does not impose any new requirements, the 
Administrator 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 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 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)).

B. Executive Order 12866

    The Office of Management and Budget has exempted this regulatory 
action from Executive Order 12866 review.

C. 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.

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 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 April 3, 1998. 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: December 30, 1997.
Diane Callier,
Acting Regional Administrator, Region VII.

    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 et seq.

Subpart Q--Iowa

    2. Section 52.820 is amended by adding paragraph (c)(66) to read as 
follows:


Sec. 52.820  Identification of plan.

* * * * *
    (c) * * *
    (66) On April 2, 1997, the Director of the Iowa Department of 
Natural Resources submitted revisions to the State Implementation Plan 
(SIP) for the State's two local agencies: the Polk County Public Works 
Department and Linn County Health Department.
    (i) Incorporation by reference.
    (A) Revised rules, ``Polk County Board of Health Rules and 
Regulations: Chapter V, Air Pollution,'' effective December 18, 1996. 
This revision approves all articles insofar as they pertain to the SIP. 
Article XIII is specifically excluded from this approval. No action is 
taken on Sections 5-16(n), 5-16(p), 5-20, and 5-27(3) and (4).
    (B) Revised rules, ``Linn County Air Pollution Control Code of 
Ordinances,'' effective March 7, 1997. This revision approves all 
sections insofar as they pertain to the SIP. Sections 10.4(1.), 10.11, 
and 10.15 are specifically excluded from this approval. No action is 
taken on Sections 10.9(2.), 10.9(3.), 10.9(4.), and the definition of 
``federally enforceable'' in Section 10.2.
    (ii) Additional material.
    (A) Letter from Allan E. Stokes, Iowa Department of Natural 
Resources, to William A. Spratlin, Environmental Protection Agency, 
dated May 15, 1997. This letter provides additional information 
regarding various administrative requirements outlined in 40 CFR part 
51.
[FR Doc. 98-2493 Filed 1-30-98; 8:45 am]
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