[Federal Register Volume 64, Number 232 (Friday, December 3, 1999)]
[Rules and Regulations]
[Pages 67784-67786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31290]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[084-1084; FRL-6483-4]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve 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. The effect of this action is to ensure Federal 
enforceability of the state's air program rule revisions.

EFFECTIVE DATE: This rule will be effective January 3, 2000.

ADDRESSES: Copies of the state submittal(s) are available at the 
following addresses for inspection during normal business hours: 
Environmental Protection Agency, Air Planning and Development Branch, 
901 North 5th Street, 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, Air Planning and 
Development Branch, 901 North 5th Street, Kansas City, Kansas 66101 at 
(913) 551-7603.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we, us, 
or our'' is used, we mean EPA.

What Is the Background Information?

    On May 13, 1999, we published proposed and direct final Federal 
Register notices (64 FR 25855 and 64 FR 25825) which took action to 
approve as a revision to the Iowa SIP a set of rule revisions submitted 
by the state of Iowa on December 11, 1998, and January 29, 1999. 
Because adverse comments were received during the public comment 
period, we published a withdrawal notice in the Federal Register on 
July 2, 1999 (64 FR 35941). Today's document takes final action on the 
state's submissions and addresses the public comments.

What Comments Were Received?

    We received four comment letters. All commenters objected to our 
approving the revision in the SIP to Iowa rule Chapter 28, ``Ambient 
Air Quality Standards,'' Rule 28.1. In this rule, the state had adopted 
by reference the national ambient air quality standards (NAAQS) 
promulgated by us on July 18, 1997, which revised the particulate 
matter and ozone NAAQS.
    The commenters stated that Rule 28.1 should not be approved by us 
in light of the recent decision of the United States Court of Appeals 
for the District of Columbia Circuit in the case of American Trucking 
Associations, Inc. v. United States Environmental Protection Agency. 
The commenters stated that since the Court vacated the revised PM10 
standard and remanded other standards to EPA, it would be inappropriate 
for EPA to approve Iowa's adoption of these standards. Some commenters 
also questioned Iowa's authority to adopt the NAAQS rules in light of 
the Court's decision.

What Action Did the State Take in Response to the Comments?

    The Iowa Department of Natural Resources subsequently submitted a 
letter, dated July 15, 1999, which requested that Rule 28.1 be removed 
from its earlier request for approval as a SIP revision. Therefore, 
Rule 28.1 is no longer part of the submission by Iowa. We did not 
receive adverse comments on any of the other revisions discussed in the 
May 13 actions.

What Final Action Are We Taking Now?

    We are taking final action today to approve the rules discussed in 
our May 13, 1999, Federal Register document, except for Rule 28.1. EPA 
is eliminating Rule 28.1 from its approval in light of the state's 
withdrawal of that rule, which, in effect, means that Rule 28.1 is no 
longer before EPA to act upon. This action has no impact on the state's 
ability (and obligation) to meet the relevant requirements specified in 
section 110 of the Clean Air Act (CAA) with respect to attainment and 
maintenance of NAAQS. EPA's rationale for approval of the remainder of 
the rules is discussed in detail in the May 13 proposal.

Conclusion

    Final action: EPA is taking final action to approve a revision to 
the Iowa SIP.

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. On Federalism

    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 Office 
of Management and Budget a description of the extent of EPA's prior

[[Page 67785]]

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 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.
    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.

D. E.O. 13084

    Under E.O. 13084, Consultation and Coordination with Indian Tribal 
Governments, 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 
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 the 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 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

[[Page 67786]]

action must be filed in the United States Court of Appeals for the 
appropriate circuit by February 1, 2000. 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 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.

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

    Dated: October 8, 1999
Diane K. Callier,
Acting 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                Explanation
                                                   date           date
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                                      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           12/3/99  ..................................
                                                                 64 FR 67786
 
*                  *                  *                  *                  *                  *
                                                        *
                                                   Chapter 22
                                              Controlling Pollution
 
 
*                  *                  *                  *                  *                  *
                                                        *
567-22.1..............  Permits Required for      12/23/98           12/3/99  Subrule 22.1(3)``b''(9) has not
                         New or Existing                         64 FR 67786   been approved.
                         Stationary Sources.
 
*                  *                  *                  *                  *                  *
                                                        *
567-22.203............  Voluntary Operating       10/14/98           12/3/99  ..................................
                         Permit Applications.                    64 FR 67786
 
*                  *                  *                  *                  *                  *
                                                        *
567-22.300............  Operating Permit by       10/14/98           12/3/99  ..................................
                         Rule for Small                          64 FR 67786
                         Sources.
 
*                  *                  *                  *                  *                  *
                                                        *
                                                   Chapter 23
                                       Emission Standards for Contaminants
 
 
*                  *                  *                  *                  *                  *
                                                        *
567-23.1..............  Emission Standards...     10/14/98           12/3/99  Sections 23.1(2)-(5) are not
                                                                 64 FR 67786   approved in the SIP.
 
*                  *                  *                  *                  *                  *
                                                        *
                                                   Chapter 25
                                            Measurement of Emissions
 
*                  *                  *                  *                  *                  *
                                                        *
567-25.1..............  Testing and Sampling      12/23/98           12/3/99  Subrule 25.1(12) has not been
                         of New and Existing                     64 FR 67786   approved.
                         Equipment.
 
*                  *                  *                  *                  *                  *
                                                        *
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[FR Doc. 99-31290 Filed 12-2-99; 8:45 am]
BILLING CODE 6560-50-P