[Federal Register Volume 67, Number 8 (Friday, January 11, 2002)]
[Proposed Rules]
[Pages 1431-1432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-757]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[IA 0146-1146; FRL-7128-5]


Approval of Operating Permit Program; State of Iowa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve amendments to the Iowa Title V 
operating permit program. EPA granted full approval of Iowa's Title V 
program on July 14, 1997. These amendments incorporate existing 
periodic monitoring guidance and adopt by reference compliance 
assurance monitoring requirements.

DATES: Comments must be received on or before February 11, 2002.

ADDRESSES: Written comments should be mailed to Lynn M. Slugantz, 
Environmental Protection Agency, Air Planning and Development Branch, 
901 North 5th Street, Kansas City, Kansas 66101.
    Copies of documents relative to this action are available for 
public inspection during normal business hours at the above-listed 
Region 7 location. Interested persons wanting to examine these 
documents should make an appointment with the office at least 24 hours 
in advance.

FOR FURTHER INFORMATION CONTACT: Lynn M. Slugantz at (913) 551-7883.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This section provides 
additional information by addressing the following questions:

    What is the Part 70 operating permit program?
    What is the Federal approval process for an operating permit 
program?
    What does Federal approval of a state operating permit program 
mean to me?
    What is being addressed in this document?
    Have the requirements for approval of an operating permit 
program revision been met?
    What action is EPA taking?

What Is the Part 70 Operating Permit Program?

    The Clean Air Act (CAA) Amendments of 1990 require all states to 
develop an operating permit program that meets certain Federal criteria 
listed in 40 Code of Federal Regulations (CFR) part 70. In implementing 
this program, the states are to require certain sources of air 
pollution to obtain permits that contain all applicable requirements 
under the CAA. One purpose of the Part 70 operating permit program is 
to improve enforcement by issuing each source a single permit that 
consolidates all of the applicable CAA requirements into a Federally 
enforceable document. By consolidating all of the applicable 
requirements for a facility into one document, the source, the public, 
and the permitting authorities can more easily determine what CAA 
requirements apply and how compliance with those requirements is 
determined.
    Sources required to obtain an operating permit under this program 
include: ``major'' sources of air pollution and certain other sources 
specified in the CAA or in our implementing regulations. For example, 
all sources regulated under the acid rain program, regardless of size, 
must obtain permits. Examples of major sources include those that emit 
100 tons per year or more of volatile organic compounds, carbon 
monoxide, lead, sulfur dioxide, nitrogen dioxide, or particulate matter 
that is 10 micrometers in size (PM10); those that emit 10 
tons per year of any single hazardous air pollutant (HAP) (specifically 
listed under the CAA); or those that emit 25 tons per year or more of a 
combination of HAPs.
    Revisions to the state and local agencies' operating permit program 
are subject to public notice, comment, and our approval.

What Is the Federal Approval Process for an Operating Permit 
Program?

    In order for state regulations to be incorporated into the 
Federally enforceable Title V operating permit program, states must 
formally adopt the regulations 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 us for inclusion into the operating permit program. 
We 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 us.
    All state regulations and supporting information approved by EPA 
under section 502 of the CAA are incorporated into the Federally 
approved operating permit program. Records of such actions are 
maintained in the CFR at Title 40, Part 70, Appendix A, entitled 
``Approval Status of State and Local Operating Permits Program.''

What Does Federal Approval of an Operating Permit Program Mean to 
Me?

    Enforcement of the state regulation before and after it is 
incorporated into the Federally approved operating permit program is 
primarily a state responsibility. However, after the state program is 
Federally approved, we oversee the program and review proposed permits 
submitted by the state in accordance with 40 CFR part 70. We are also 
authorized to enforce the permit program and individual permits issued 
under the program. Citizens are also offered legal recourse to address 
violations as described in section 304 of the CAA.

What Is Being Addressed in This Document?

    The Iowa Department of Natural Resources (IDNR) has adopted 
amendments to 567 Iowa Administrative Code (IAC) 22.108(3). The purpose 
of the amendments is to incorporate IDNR's existing Title V Periodic 
Monitoring Guidance into its rules. Periodic monitoring is required by 
40 CFR 70.6 and 71.6 where the applicable requirement does not require 
periodic testing or instrumental or noninstrumental monitoring. Also, 
the amendments to 567 IAC 22.108(3) adopt by reference Compliance 
Assurance Monitoring (CAM) that is required to be included in 40 CFR 
part 70 or 71 operating permits for major stationary sources of air 
pollution that are required to obtain operating permits under Title V 
of the CAA. Periodic monitoring and CAM are needed to provide 
reasonable assurance of compliance with applicable requirements under 
the CAA. The amendments were adopted and filed by the Environmental 
Protection Commission on June 21, 2001; published on July 11, 2001; and 
became effective on August 15, 2001.
    As a part of our review of these amendments, EPA requested 
clarification from IDNR regarding the list of factors to be considered 
in evaluating the type of periodic monitoring appropriate for an 
applicable requirement, as set forth in the narrative of the June 18, 
2001, Periodic Monitoring Guidance. This narrative lists numerous 
factors to be considered, while Attachment 1 to that guidance contains 
a decision matrix considering only type of source and whether the 
source is controlled or uncontrolled. In response to EPA's request, 
IDNR sent EPA a November 7, 2001, letter in which the state clarified 
that it has flexibility in deciding to

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follow the matrix which is found in Appendix A to that guidance or to 
make a case-by-case determination that differs from the periodic 
monitoring guidance and the matrixes.
    EPA believes that the state's ability to deviate from the guidance 
on a case-by-case basis is essential to implementation of this program, 
and our proposed approval of the state program revisions is based, in 
part, on the state's assurance that it retains authority to establish 
appropriate periodic monitoring on a case-by-case basis. In proposing 
to approve this rule revision, EPA reserves its authority to object to 
permit provisions regarding periodic monitoring if they do not meet the 
requirements of the CAA or 40 CFR 70.6(a)(3).

Have the Requirements for Approval of a Revision to the Operating 
Permit Program Been Met?

    Our review of the material submitted indicates the state has 
amended rules for the Title V program in accordance with the 
requirements of section 502 of the CAA and the Federal rule, 40 CFR 
part 70, and met the requirement for a program revision as established 
in 40 CFR 70.4(i).

What Action Is EPA Taking?

    EPA is proposing to approve amendments to Iowa rule, 567 IAC 
22.108(3), effective August 15, 2001, as supplemented on November 7, 
2001, as a revision to the Iowa Title V operating permit program.

Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely proposes to approve state law as meeting Federal requirements 
and imposes no additional requirements beyond those imposed by state 
law. Accordingly, the Administrator certifies that this proposed rule 
will not have a significant economic impact on a substantial number of 
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.). Because this proposed rule would approve pre-existing 
requirements under state law and does not impose any additional 
enforceable duty beyond that required by state law, it does not contain 
any unfunded mandate or significantly or uniquely affect small 
governments, as described in the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4).
    This proposal also does not have tribal implications because it 
will not have a substantial direct effect on one or more Indian tribes, 
on the relationship between the Federal Government and Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal Government and Indian tribes, as specified by Executive Order 
13175 (65 FR 67249, November 9, 2000). This proposed action also does 
not have Federalism implications because it does not have substantial 
direct effects on the 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 Executive Order 13132 (64 FR 43255, August 10, 1999). This proposal 
would merely approve a state rule implementing a Federal standard, and 
does not alter the relationship or the distribution of power and 
responsibilities established in the CAA. This proposal also is not 
subject to Executive Order 13045, ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997), because it is not economically significant.
    In reviewing Title V operating permit program submissions, EPA's 
role is to approve state choices, provided that they meet the criteria 
of the CAA. In this context, in the absence of a prior existing 
requirement for the State to use voluntary consensus standards (VCS), 
EPA has no authority to disapprove an operating permit program 
submission for failure to use VCS. It would thus be inconsistent with 
applicable law for EPA, when it reviews an operating permit program 
submission, to use VCS in place of an operating permit program 
submission that otherwise satisfies the provisions of the CAA. Thus, 
the requirements of section 12(d) of the National Technology Transfer 
and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This 
proposal would not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).

List of Subjects In 40 CFR Part 70

    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.

    Dated: January 2, 2002.
William Rice,
Acting Regional Administrator, Region 7.
[FR Doc. 02-757 Filed 1-10-02; 8:45 am]
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