[Federal Register Volume 64, Number 69 (Monday, April 12, 1999)]
[Rules and Regulations]
[Pages 17548-17551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8940]



[[Page 17548]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IA 068-1068a; FRL-6322-1]


Approval and Promulgation of Implementation Plans; State of Iowa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking final action to approve a State Implementation 
Plan (SIP) revision submitted by the state of Iowa. This revision 
approves numerous updates of the state's air program rules and ensures 
that the state's SIP is current with Federal requirements. The effect 
of this action is to ensure Federal enforceability of the state's air 
program rule revisions.

DATES: This direct final rule is effective on June 11, 1999 without 
further notice, unless EPA receives adverse comment by May 12, 1999. If 
adverse comment is received, EPA will publish a timely withdrawal of 
the direct final rule in the Federal Register and inform the public 
that the rule will not take effect.

ADDRESSES: Comments may be addressed to Wayne Kaiser, Environmental 
Protection Agency, Air Planning and Development Branch, 726 Minnesota 
Avenue, Kansas City, Kansas 66101.
    Copies of the state submittal are available at the following 
addresses for inspection during normal business hours: Environmental 
Protection Agency, Air Planning and Development Branch, 726 Minnesota 
Avenue, Kansas City, Kansas 66101; and the Environmental Protection 
Agency, Air and Radiation Docket and Information Center, Air Docket 
(6102), 401 M Street, SW, Washington, D.C. 20460.

FOR FURTHER INFORMATION CONTACT: Wayne Kaiser at (913) 551-7603.

SUPPLEMENTARY INFORMATION: This section provides additional information 
by addressing the following questions:

    What is a SIP?
    What is the Federal approval process for a SIP?
    What does Federal approval of a state regulation mean to me?
    What is being addressed in this notice?
    What action is the EPA taking?

What Is a SIP?

    Section 110 of the Clean Air Act (CAA) requires states to develop 
air pollution regulations and control strategies to ensure that state 
air quality meets the national ambient air quality standards 
established by EPA. These ambient standards are established under 
section 109 of the CAA, and they currently address six criteria 
pollutants. These pollutants are: carbon monoxide, nitrogen dioxide, 
ozone, lead, particulate matter, and sulfur dioxide.
    Each state must submit these regulations and control strategies to 
EPA for approval and incorporation into the Federally enforceable SIP.
    Each Federally approved SIP protects air quality primarily by 
addressing air pollution at its point of origin. These SIPs can be 
extensive, containing state regulations or other enforceable documents 
and supporting information such as emission inventories, monitoring 
networks, and modeling demonstrations.

What Is the Federal Approval Process for a SIP?

    In order for state regulations to be incorporated into the 
Federally enforceable SIP, states must formally adopt the regulations 
and control strategies consistent with state and Federal requirements. 
This process generally includes a public notice, public hearing, public 
comment period, and a formal adoption by a state-authorized rulemaking 
body.
    Once a state rule, regulation, or control strategy is adopted, the 
state submits it to EPA for inclusion into the SIP. EPA must provide 
public notice and seek additional public comment regarding the proposed 
Federal action on the state submission. If adverse comments are 
received, they must be addressed prior to any final Federal action by 
EPA.
    All state regulations and supporting information approved by EPA 
under section 110 of the CAA are incorporated into the Federally 
approved SIP. Records of such SIP actions are maintained in the Code of 
Federal Regulations (CFR) at Title 40, Part 52, entitled ``Approval and 
Promulgations of Implementation Plans.'' The actual state regulations 
which are approved are not reproduced in their entirety in the CFR 
outright but are ``incorporated by reference,'' which means that EPA 
has approved a given state regulation with a specific effective date.

What Does Federal Approval of a State Regulation Mean to Me?

    Enforcement of the state regulation before and after it is 
incorporated into the Federally approved SIP is primarily a state 
responsibility. However, after the regulation is Federally approved, 
EPA is authorized to take enforcement action against violators. 
Citizens are also offered legal recourse to address violations as 
described in the CAA.

What Is Being Addressed in This Notice?

    The Iowa Department of Natural Resources (IDNR) revised a number of 
its rules in order to maintain equivalency with Federal requirements, 
to update adoption by reference to Federal rules, to provide 
clarifications, to remove obsolete rules, and to correct internal 
citations. The revised rule chapters are: Chapter 20, ``Scope of 
Title--Definitions--Forms--Rules of Practice''; Chapter 22, 
``Controlling Pollution''; Chapter 23, ``Emissions Standards for 
Contaminants''; Chapter 24, ``Excess Emission''; Chapter 25, 
``Measurement of Emissions''; Chapter 29, ``Qualifications in Visual 
Determinations of the Opacity of Emissions''; and Chapter 31, 
``Nonattainment Areas,'' 567 Iowa Administrative Code. Specific Chapter 
paragraphs and subparagraphs which were revised are: 20.1, 20.2, 
20.3(4), 20.3(6)--rescinded, 22.1(1), 22.1(2), 22.1(3), 22.1(4), 22.4, 
22.4(1), 22.4(3), 22.5(2), 22.5(4), 22.5(6), 22.5(10), 22.8(1), 
22.203(1), 22.300(2), 22.300(8), 23.1(6), 23.2(3), 23.3(2), 24.1(2), 
25.1(7), 25.1(9), 25.1(10), 25.1(12), 29.1, and 31.2.
    The general subject matter of the revisions included, but was not 
limited to, updating the definition of ``volatile organic compound,'' 
updating the reference to EPA Guideline on Air Quality Models 
(Revised), updating the reference to the Federal prevention of 
significant deterioration program at 40 CFR 52.21, providing additional 
restrictions in the open burning rule, and updating the reference to 
EPA opacity method at 40 CFR part 60.
    These revisions to the Iowa SIP were submitted by Larry Wilson, 
IDNR Director, on August 12, 1998. The state effective date for these 
revisions is May 13, 1998.

Have the Requirements for Approval of a SIP Revision Been Met?

    The state submittal has met the public notice requirements for SIP 
submissions in accordance with 40 CFR section 51.102. The submittal 
also satisfied the completeness criteria of 40 CFR part 51, appendix V. 
In addition, as explained above and in more detail in the technical 
support document which is part of this document, the revision meets the 
substantive SIP requirements of the CAA, including section 110 and 
implementing regulations.

What Action Is EPA Taking?

    EPA is processing this action as a direct final action because the 
revisions make routine revisions to the existing

[[Page 17549]]

rules which are noncontroversial. Therefore, we do not anticipate any 
adverse comments.

Conclusion

Final Action

    EPA is taking final action to approve, as an amendment to the Iowa 
SIP, rule revisions submitted by the state of Iowa on August 12, 1998.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial submittal and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
adverse comments be filed. This rule will be effective June 11, 1999 
without further notice unless the Agency receives adverse comments by 
May 12, 1999.
    If EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on June 11, 1999, and no 
further action will be taken on the proposed rule.

Administrative Requirements

A. Executive Order (E.O.) 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from E.O. 12866, entitled ``Regulatory Planning and 
Review.''

B. E.O. 12875

    Under E.O. 12875, EPA may not issue a regulation that is not 
required by statute and that creates a mandate upon a state, local or 
tribal government, unless the Federal Government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments, or EPA consults with those governments. If EPA complies by 
consulting, E.O. 12875 requires EPA to provide to OMB a description of 
the extent of EPA's prior consultation with representatives of affected 
state, local, and tribal governments, the nature of their concerns, 
copies of any written communications from the governments, and a 
statement supporting the need to issue the regulation. In addition, 
E.O. 12875 requires EPA to develop an effective process permitting 
elected officials and other representatives of state, local, and tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.''
    Today's rule does not create a mandate on state, local, or tribal 
governments. The rule does not impose any enforceable duties on these 
entities. Accordingly, the requirements of section 1(a) of E.O. 12875 
do not apply to this rule.

C. E.O. 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997) applies to any rule that: (1) is 
determined to be ``economically significant'' as defined under E.O. 
12866, and (2) concerns an environmental health or safety risk that EPA 
has reason to believe may have a disproportionate effect on children. 
If the regulatory action meets both criteria, the Agency must evaluate 
the environmental health or safety effects of the planned rule on 
children, and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by the Agency.
    This rule is not subject to E.O. 13045 because it is not an 
economically significant regulatory action as defined by E.O. 12866, 
and it does not address an environmental health or safety risk that 
would have a disproportionate effect on children.

D. E.O. 13084

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
Government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies by consulting, E.O. 13084 requires EPA to 
provide to OMB, in a separately identified section of the preamble to 
the rule, a description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, E.O. 13084 requires EPA to develop an 
effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. This action does not involve 
or impose any requirements that affect Indian tribes. Accordingly, the 
requirements of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility Act (RFA)

    The RFA generally requires an agency to conduct a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements unless the agency certifies that the rule will 
not have a significant economic impact on a substantial number of small 
entities. Small entities include small businesses, small not-for-profit 
enterprises, and small governmental jurisdictions. This final rule will 
not have a significant impact on a substantial number of small entities 
because SIP approvals under section 110 and Subchapter I, Part D 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 does not create any new requirements, I certify that this 
action will not have a significant economic impact on a substantial 
number of small entities. Moreover, due to the nature of the Federal-
state relationship under the CAA, preparation of 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. EPA, 427 U.S. 246, 255-66 
(1976); 42 U.S.C. 7410(a)(2).

F. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act'') signed into law on March 22, 1995, EPA must 
prepare a budgetary impact statement to accompany any proposed or final 
rule that includes a Federal mandate that may result in estimated 
annual costs to state, local, or tribal governments in the aggregate; 
or to private sector, of $100 million or more. Under section 205, 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 EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a

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Federal mandate that may result in estimated annual 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.

G. Submission to Congress and the Comptroller General

    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. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the U.S. Comptroller General prior to publication 
of the rule in the Federal Register. This rule is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

H. 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 June 11, 1999. 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, 
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: March 29, 1999.
Dennis Grams,
Regional Administrator, Region VII.

    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. In Sec. 52.820 the following entries for paragraph (c), EPA-
approved regulations, are revised to read as follows:


Sec. 52.820  Identification of plan.

* * * * *
    (c) EPA-approved regulations.

                                          EPA-Approved Iowa Regulations
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                                                             State
        Iowa citation                    Title             effective     EPA approval date         Comments
                                                              date
----------------------------------------------------------------------------------------------------------------
                 Iowa Department of Natural Resources Environmental Protection Commission [567]
----------------------------------------------------------------------------------------------------------------
                         Chapter 20--Scope of Title-Definitions-Forms-Rule of Practice
----------------------------------------------------------------------------------------------------------------
567-20.1.....................  Scope of Title...........       5/3/98  April 12, 1999 [FR
                                                                        cite].
567-20.2.....................  Definitions..............       5/3/98  April 12, 1999 [FR
                                                                        cite].
567-20.3.....................  Air Quality Forms               5/3/98  April 12, 1999 [FR
                                Generally.                              cite].
 
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------
                                       Chapter 22--Controlling Pollution
----------------------------------------------------------------------------------------------------------------
567-22.1.....................  Permits Required for New        5/3/98  April 12, 1999 [FR
                                or Existing Stationary                  cite].
                                Sources.
 
 
*                  *                  *                  *                  *                  *
                                                        *
567-22.4.....................  Special Requirements for        5/3/98  April 12, 1999 [FR
                                Major Stationary Sources                cite].
                                Located in Areas
                                Designated Attainment or
                                Unclassified (PSD).
567-22.5.....................  Special Requirements for        5/3/98  April 12, 1999 [FR
                                Nonattainment Areas.                    cite].
567-22.8.....................  Permit by Rule...........       5/3/98  April 12, 1999 [FR
                                                                        cite].
 
 
*                  *                  *                  *                  *                  *
                                                        *
567-22.203...................  Voluntary Operating             5/3/98  April 12, 1999 [FR
                                Permit Applications.                    cite].
 
 
*                  *                  *                  *                  *                  *
                                                        *
567-22.300...................  Operating Permit by Rule        5/3/98  April 12, 1999 [FR
                                for Small Sources.                      cite].
----------------------------------------------------------------------------------------------------------------
                                Chapter 23--Emission Standards for Contaminants
----------------------------------------------------------------------------------------------------------------
567-23.1.....................  Emission Standards.......       5/3/98  April 12, 1999 [FR    Sections 23.1(2)-
                                                                        cite].                (5) are not
                                                                                              approved in the
                                                                                              SIP
567-23.2.....................  Open Burning.............       5/3/98  April 12, 1999 [FR
                                                                        cite].
567-23.3.....................  Specific Contaminants....       5/3/98  April 12, 1999 [FR    Section 23.3(3)(d)
                                                                        cite].                is not part of the
                                                                                              approved SIP.
 
 

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*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------
                                          Chapter 24--Excess Emissions
----------------------------------------------------------------------------------------------------------------
567-24.1.....................  Excess Emission Reporting       5/3/98  April 12, 1999 [FR
                                                                        cite].
 
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------
                                      Chapter 25--Measurement of Emissions
----------------------------------------------------------------------------------------------------------------
567-25.1.....................  Testing and Sampling of         5/3/98  April 12, 1999 [FR
                                New and Existing                        cite].
                                Equipment.
 
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------
                 Chapter 29--Qualification in Visual Determination of the Opacity of Emissions
----------------------------------------------------------------------------------------------------------------
567-29.1.....................  Methodology and Qualified       5/3/98  April 12, 1999 [FR
                                Observer.                               cite].
----------------------------------------------------------------------------------------------------------------
                                        Chapter 31--Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
567-31.2.....................  Conformity of General           5/8/98  April 12, 1999 [FR
                                Federal Actions to the                  cite].
                                Iowa SIP or Federal
                                Implementation Plan.
 
 
*                  *                  *                  *                  *                  *
                                                        *
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[FR Doc. 99-8940 Filed 4-9-99; 8:45 am]
BILLING CODE 6560-50-P