[Federal Register Volume 64, Number 92 (Thursday, May 13, 1999)]
[Rules and Regulations]
[Pages 25825-25828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11823]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IA 069-1069a; FRL-6340-3]


Approval and Promulgation of Implementation Plans and Approval 
Under Section 112(l); State of Iowa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking final action to approve two State Implementation 
Plan (SIP) revisions submitted by the state of Iowa. These revisions 
will strengthen the SIP with respect to attainment and maintenance of 
established air quality standards and with respect to hazardous air 
pollutants (HAP). 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 July 12, 1999 without 
further notice, unless EPA receives adverse comment by June 14, 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 A. 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 approval under section 112(l)?
    What is being addressed in this notice?
    What action is 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 Approval Under Section 112(l)?

    Section 112(l) of the CAA provides authority for EPA to implement a 
program to regulate HAPs, and to subsequently delegate authority for 
this program to the states. EPA has delegated authority for this 
program to Iowa and has approved relevant state HAP rules under this 
authority. In this action, EPA is approving revisions to the section 
112(l) approved state rules.

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 
and to adopt hospital/medical/ infectious waste incinerator 
regulations. The revisions include an update to the definitions rule, 
to the permitting rules, and to the testing and monitoring rule. The 
state also adopted by reference the revised Federal National Ambient 
Air Quality Standards promulgated on July 15, 1997.
    The revised rule chapters are: Chapter 20, ``Scope of Title-
Definitions-Forms-Rules of Practice''; Chapter 22, ``Controlling 
Pollution''; Chapter 23,

[[Page 25826]]

``Emissions Standards for Contaminants''; Chapter 25, ``Measurement of 
Emissions''; and Chapter 28, ``Ambient Air Quality Standards,'' 567 
Iowa Administrative Code. Specific Chapter paragraphs and subparagraphs 
which were revised are: 20.2, 22.1(1), 22.1(2), 22.1(3), 22.203(1), 
22.203(2), 22.300(8), 23.1(1), 25.1(10), and 28.1. All of these rules 
are being approved under the authority of section 110, and the 
underlined rules are also being approved under the authority of section 
112(l).
    These revisions to the Iowa SIP were submitted by Larry Wilson, 
IDNR Director, on December 11, 1998, and January 29, 1999. The state 
effective date for these revisions are October 14, 1998, except for 
rules 22.1(2) and 25.1(10), which were effective December 23, 1998.

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

    The state submittals have met the public notice requirements for 
SIP submissions in accordance with 40 CFR 51.102. The submittals 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 documents which are part of this notice, the revisions meet 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 this 
amendment to the Iowa SIP makes routine revisions to the existing 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 as discussed above. 
These rules are being approved under the authority of section 110, and, 
for certain rules, the authority of section 112(l).
    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 July 12, 1999 
without further notice unless the Agency receives adverse comments by 
June 14, 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 July 12, 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 the OMB a description 
of the extent of EPA's prior consultation with representatives of 
affected state, local, and tribal governments; a summary of 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 the 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

[[Page 25827]]

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 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 United States Senate, the United States 
House of Representatives, and the United States 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 July 12, 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: April 28, 1999
William Rice,
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 section 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]
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                                                    Chapter 20
                                Scope of Title-Definitions-Forms-Rule of Practice
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
567-20.2.............  Definitions.......     10/14/98  5/13/99 64 FR 25827.................
 
*                  *                  *                  *                  *                  *
                                                        *
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                                                   Chapter 22
                                              Controlling Pollution
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
567-22.1.............  Permits Required       12/23/98  5/13/99 64 FR 25827.................  Subrule 22.1(3)
                        for New or                                                             ``b''(9) has not
                        Existing                                                               been approved.
                        Stationary
                        Sources.
 
*                  *                  *                  *                  *                  *
                                                        *
567-22.203...........  Voluntary              10/14/98  5/13/99 64 FR 25827.................
                        Operating Permit
                        Applications.

[[Page 25828]]

 
 
*                  *                  *                  *                  *                  *
                                                        *
567-22.300...........  Operating Permit       10/14/98  5/13/99 64 FR 25828.................
                        by Rule for Small
                        Sources.
 
*                  *                  *                  *                  *                  *
                                                        *
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                                                   Chapter 23
                                       Emission Standards for Contaminants
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
567-23.1.............  Emission Standards     10/14/98  5/13/99 64 FR 25828.................  Sections 23.1(2)-
                                                                                               (5) are not
                                                                                               approved in the
                                                                                               SIP.
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*                  *                  *                  *                  *                  *
                                                        *
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                                                   Chapter 25
                                            Measurement of Emissions
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*                  *                  *                  *                  *                  *
                                                        *
567-25.1.............  Testing and            12/23/98  5/13/99 64 FR 25828.................  Subrule 25.1(12)
                        Sampling of New                                                        has not been
                        and Existing                                                           approved.
                        Equipment.
 
*                  *                  *                  *                  *                  *
                                                        *
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                                                   Chapter 28
                                          Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
567-28.1.............  Statewide              10/14/98  5/13/99 64 FR 25828.................
                        Standards.
 
*                  *                  *                  *                  *                  *
                                                        *
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[FR Doc. 99-11823 Filed 5-12-99; 8:45 am]
BILLING CODE 6560-50-P