[Federal Register Volume 67, Number 42 (Monday, March 4, 2002)]
[Rules and Regulations]
[Pages 9591-9594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4936]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Iowa 0127-1127a; FRL-7151-7]


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 approving the State Implementation Plan (SIP) revision 
submitted by the state of Iowa. This revision approves numerous rules 
adopted by the state in 1998, 1999, and 2001. This includes rules 
pertaining to definitions, compliance, permits for new or existing 
stationary sources, voluntary operating permits, permits by rule, and 
testing and sampling methods.
    These revisions will strengthen the SIP with respect to attainment 
and maintenance of established air quality standards, ensure 
consistency between the state and Federally approved rules, and ensure 
Federal enforceability of the state's air program rule revisions 
according to section 110.

DATES: This direct final rule will be effective May 3, 2002 unless EPA 
receives adverse comments by April 3, 2002. If adverse comments are 
received, EPA will publish a timely withdrawal of the direct final rule 
in the Federal Register informing the public that the rule will not 
take effect.

ADDRESSES: Comments may be mailed to Wayne Kaiser, 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. The interested persons wanting to examine these 
documents should make an appointment with the office at least 24 hours 
in advance.

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

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 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 action?
    Have the requirements for approval of a SIP revision been met?
    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 
us 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 us for inclusion into the SIP. 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 110 of the CAA are incorporated into the Federally-
approved SIP. Records of such SIP actions are

[[Page 9592]]

maintained in the Code of Federal Regulations (CFR) at Title 40, Part 
52, entitled ``Approval and Promulgation 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 we have 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, we 
are authorized to take enforcement action against violators. Citizens 
are also offered legal recourse to address violations as described in 
section 304 of the CAA.

What Is Being Addressed in This Action?

    On August 21, 2000, February 7, 2001, July 23, 2001, and December 
27, 2001, we received requests from the Iowa Department of Natural 
Resources (IDNR) to amend the SIP. The state requested that we approve 
amendments made to portions of the following rules:

Rule 567-20, Scope of Title-Definitions-Forms-Rule of Practice,
Rule 567-21, Compliance,
Rule 567-22, Controlling Pollution,
Rule 567-23, Emission Standards for Contaminants, and
Rule 567-25, Measurement of Emissions.

    The rules were amended to accomplish a number of changes. For the 
most part, these amendments are primarily minor changes in wording to 
rules which are already in the approved SIP. In some instances 
clarifications and corrections were made. In other instances the rule 
is updated to align it with changes made in the Federal rule. Finally, 
updates to a number of references to Federal citations were made. A 
complete listing of each rule change is contained in the technical 
support document which is a part of the docket for this action and is 
available from the EPA contact above.
    A few of the rule revisions which may be of interest, however, are 
mentioned here. Subrule 22.1(1) and paragraph 22.1(1)``c'' were amended 
to allow a true, minor source to begin construction prior to obtaining 
a permit, subject to certain conditions. Subrule 22.1(2) added 
additional information which incorporates a notification to IDNR upon 
request for certain types of emission units falling under a 
construction permit exemption. This recordkeeping process will ensure 
that IDNR has access to information on equipment for which certain 
exemptions are being claimed.
    Paragraph 22.1(2)``i'' was amended to clarify requirements for 
those facilities wanting to get credit for emission reductions made as 
a result of the installation of control equipment. Subrule 22.3(8) adds 
a provision which requires that IDNR be notified when the ownership of 
equipment covered by a construction permit changes. This provision will 
require facilities to keep IDNR informed of who owns equipment covered 
by a construction permit. Paragraph 22.8(1)``e'' was amended to clarify 
the certification requirement for obtaining a permit by rule for spray 
booths. Paragraph 22.300(4)``b'' was amended to provide clarification 
to the definition of de minimis emissions and to the record keeping 
requirements for stationary sources with de minimis emissions.

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 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?

    We are processing this action as a final action because the 
revisions make routine changes to the existing rules which are 
noncontroversial. Therefore, we do not anticipate any adverse comments. 
Please note that if EPA receives adverse comment on part of this rule 
and if that part can be severed from the remainder of the rule, EPA may 
adopt as final those parts of the rule that are not the subject of an 
adverse comment.

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 approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this 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 rule approves 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 rule 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 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 action merely approves 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 rule 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 SIP 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 a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP 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 rule does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et. seq.).

[[Page 9593]]

    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 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 action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    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 May 3, 2002. 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, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Dated: February 15, 2002.
William W. Rice,
Acting Regional Administrator, Region 7.

    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 table in paragraph (c) is amended:
    a. Under Chapter 20 by revising the entry for ``567-20.2''.
    b. Under Chapter 21 by revising the entry for ``567-21.2''.
    c. Under Chapter 22 by revising the entries for ``567-22.1'', 
``567-22.3'', ``567-22.4'', ``567-22.5'', ``567-22.8'', ``567-22.201'', 
``567-22.203'', and ``567-22.300''.
    d. Under Chapter 23 by revising the entries for ``567-23.3'' and 
``567-23.4''.
    e. Under Chapter 25 by revising the entry for ``567-25.1''.


Sec. 52.820  Identification of plan.

* * * * *
    (c) * * *

                                          EPA-Approved Iowa Regulations
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                                                   State
    Iowa citation               Title            effective        EPA approval date              Comments
                                                    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
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
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567-20.2.............  Definitions............      7/21/99  March 4, 2002 and FR cite..  The definitions for
                                                                                           anaerobic lagoon,
                                                                                           odor, odorous
                                                                                           substance, and
                                                                                           odorous substance
                                                                                           source, are not SIP
                                                                                           approved.
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*                  *                  *                  *                  *                  *
                                                        *
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                                             Chapter 21--Compliance
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*                  *                  *                  *                  *                  *
                                                        *
567-21.2.............  Variances..............      7/21/99  March 4, 2002 and FR cite..
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
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                                        Chapter 22--Controlling Pollution
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567-22.1.............  Permits Required for         3/14/01  March 4, 2002 and FR cite..  Subrules 22.1(2),
                        New or Existing                                                    22.1(2) ``g,''
                        Stationary Sources.                                                22.1(2) ``i'' have a
                                                                                           state effective date
                                                                                           of 5/23/01/
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
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567-22.3.............  Issuing Permits........      3/14/01  March 4, 2002 and FR cite..  Subrule 22.3(6) is not
                                                                                           SIP approved.
----------------------------------------------------------------------------------------------------------------
567-22.4.............  Special Requirements         3/14/01  March 4, 2002 and FR cite..
                        for Major Stationary
                        Sources Located in
                        areas Designated
                        Attainment or
                        Unclassified (PSD).
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[[Page 9594]]

 
567-22.5.............  Special Requirements         7/21/99  March 4, 2002 and FR cite..
                        for Nonattainment
                        Areas.
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567-22.8.............  Permit by Rule.........      7/21/99  March 4, 2002 and FR cite..
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*                  *                  *                  *                  *                  *
                                                        *
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567-22.201...........  Eligibility for              7/21/99  March 4, 2002 and FR cite..
                        Voluntary Operating
                        Permits.
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*                  *                  *                  *                  *                  *
                                                        *
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567-22.203...........  Voluntary Operating         10/14/98  March 4, 2002 and FR cite..
                        Permit Applicatioins.
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
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567-22.300...........  Operating Permit by          7/21/99  March 4, 2002 and FR cite..  Subrule 22.300(7)``c''
                        Rule for Small Sources.                                            has a state effective
                                                                                           date of 10/14/98.
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                                 Chapter 23--Emission Standards for Contaminants
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*                  *                  *                  *                  *                  *
                                                        *
567-23.3.............  Specific Contaminants..      7/21/99  March 4, 2002 and FR cite..  Subrule 23.3(2) has a
                                                                                           state effective date
                                                                                           of 5/13/98. Subrule
                                                                                           23.3(3)``d'' is not
                                                                                           SIP approved.
----------------------------------------------------------------------------------------------------------------
567-23.4.............  Specific processes.....      7/21/99  March 4, 2002 and FR cite..  Subrule 23.4(10) is
                                                                                           not SIP approved.
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*                  *                  *                  *                  *                  *
                                                        *
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                                      Chapter 25--Measurement of Emissions
----------------------------------------------------------------------------------------------------------------
567-25.1.............  Testing and Sampling of      3/14/01  March 4, 2002 and FR cite..
                        New and Existing
                        Equipment..
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
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[FR Doc. 02-4936 Filed 3-1-02; 8:45 am]
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