[Federal Register Volume 64, Number 224 (Monday, November 22, 1999)]
[Rules and Regulations]
[Pages 63693-63695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30239]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IA 075-1075; FRL-6462-3]
Approval and Promulgation of Air Quality Implementation Plans;
Iowa Update to Materials Incorporated by Reference
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; annual update to IBR process.
-----------------------------------------------------------------------
SUMMARY: EPA is updating the materials submitted by Iowa that are
incorporated by reference into the State Implementation Plan (SIP). The
regulations affected by this update have been previously submitted by
the state agency and approved by EPA.
EFFECTIVE DATE: This action is effective November 22, 1999.
ADDRESSES: SIP materials which are incorporated by reference into 40
CFR part 52 are available for inspection at the following locations:
Environmental Protection Agency, Region VII, 901 North 5th Street,
Kansas City, Kansas 66101; the EPA Office of Air and Radiation, Docket
and Information Center (Air Docket), 401 M Street S.W., Room M1500,
Washington, D.C. 20460; and Office of the Federal Register, 800 North
Capitol Street N.W., Suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Edward West at the above Region VII
address or at (913) 551-7330.
SUPPLEMENTARY INFORMATION: This section provides additional information
by addressing the following questions:
What is a SIP?
What action is EPA taking in this document?
How does this rule comply with EPA Administrative Procedures?
What is a SIP?
The SIP is a living document which the state can revise as
necessary to address the unique air pollution problems in the state.
Therefore, EPA from time to time must take action on SIP revisions
containing new and/or revised regulations as being part of the SIP. On
May 22, 1997 (62 FR 27968), EPA revised the procedures for
incorporating by reference Federally approved SIPs, as a result of
consultations between EPA and OFR. The description of the revised SIP
document, incorporation by reference (IBR) procedures, and
``Identification of plan'' format are discussed in further detail in
the May 22, 1997, Federal Register document.
What Action Is EPA Taking in This Document?
On February, 12, 1999, EPA published a document in the Federal
Register (64 FR 7091) beginning the new IBR procedure for Iowa, Kansas,
and Nebraska.
In this document EPA is doing the first annual update to the
material being incorporated by reference by Iowa.
How Does This Rule Comply With EPA Administrative Procedures?
EPA has determined that today's action falls under the ``good
cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedures Act (APA) which, upon finding ``good cause,'' authorizes
agencies to dispense with public participation and section 553(d)(3)
which allows an agency to make a rule effective immediately (thereby
avoiding the 30-day delayed effective date otherwise provided for in
the APA). Today's action simply codifies provisions which are already
in effect as a matter of law in approved Federal and state programs.
Under section 553 of the APA, an agency may find good cause where
procedures are ``impractical, unnecessary, or contrary to the public
interest.'' Public comment is ``unnecessary'' and ``contrary to the
public interest'' since the codification only reflects existing law.
Immediate notice in the CFR benefits the public by updating citations.
I. 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. If the mandate is unfunded, EPA must provide to the 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 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.
On August 4, 1999, President Clinton issued a new E.O. on
federalism, E.O. 13132 (64 FR 43255 (August 10, 1999)), which will take
effect on November 2, 1999. In the interim, the current E.O. 12612 (52
FR 41685 (October 30, 1987)) on federalism still applies. This rule
will not have a substantial direct effect on states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government, as specified in E.O. 12612, because it merely codifies
Federal approval of preexisting requirements. The rule affects only one
state, and does not alter the relationship or the distribution of power
and responsibilities established in the Clean Air Act (CAA).
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. EPA interprets E.O. 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Order has the
potential to influence the regulation.
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 establish a further health or risk-based standard
because it codifies provisions which implement a previously promulgated
health or safety-based standard.
[[Page 63694]]
D. E.O. 13084
Under E.O. 13084, EPA may not issue a regulation that is not
required by statute, that significantly affects 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. If the mandate is unfunded,
EPA must 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 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.'' This rule
does not significantly or uniquely affect the communities of Indian
tribal governments. 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. In addition, this final rule merely
codifies Federal approvals of state requirements which have already
occurred. Therefore, 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 codifies
Federal approvals of 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 Comptroller General of the United
States prior to publication of the rule in the Federal Register. A
major rule cannot take effect until 60 days after it is published 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
EPA has also determined that the provisions of section 307(b)(1) of
the CAA pertaining to petitions for judicial review are not applicable
to this action. Prior EPA rulemaking actions for each individual
component of the Iowa SIP compilations had previously afforded
interested parties the opportunity to file a petition for judicial
review in the United States Court of Appeals for the appropriate
circuit within 60 days of such rulemaking action. Thus, EPA sees no
need in this action to reopen the 60-day period for filing such
petitions for judicial review.
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: September 17, 1999.
William Rice,
Acting Regional Administrator, Region VII.
Part 52 of chapter I, title 40, Code of Federal Regulations, is
amended as follows:
PART 52--[AMENDED]
1. The authority for citation for part 52 continues to read as
follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart Q--Iowa
2. Section 52.824 paragraph (b) is revised to read as follows:
Sec. 52.824 Original Identification of Plan Section.
* * * * *
(b) Incorporation by reference.
(1) Material listed in paragraphs (c) and (d) of this section with
an EPA approval date prior to August 1, 1999, was approved for
incorporation by reference by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is
incorporated as it exists on the date of the approval, and notice of
any change in the material will be published in the Federal Register.
Entries in paragraphs (c) and (d) of this section with EPA approval
dates after August 1, 1999, will be incorporated by reference in the
next update to the SIP compilation.
(2) EPA Region VII certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) are an
exact duplicate of the officially promulgated state rules/regulations
which have been approved as part of the SIP as of August 1, 1999.
(3) Copies of the materials incorporated by reference may be
inspected at the Environmental Protection Agency, Region VII, Air
Planning and Development Branch, 901
[[Page 63695]]
North 5th Street, Kansas City, Kansas 66101; the Office of Federal
Register, 800 North Capitol Street, NW, Suite 700, Washington, DC; or
at EPA Air and Radiation Docket and Information Center, Air Docket
(6102), 401 M Street, SW, Washington, DC 20460.
* * * * *
[FR Doc. 99-30239 Filed 11-19-99; 8:45 am]
BILLING CODE 6560-50-P