[Federal Register Volume 67, Number 51 (Friday, March 15, 2002)]
[Rules and Regulations]
[Pages 11579-11581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6272]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[IA 150-1150; FRL-7158-6]


Approval of Operating Permit Program; State of Iowa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is announcing its approval of the amendments to the Iowa 
Title V operating permit program. EPA announced its proposed approval 
of these amendments on January 11, 2002. These amendments incorporate 
existing periodic monitoring guidance and adopt by reference compliance 
assurance monitoring requirements.

DATES: This rule is effective on April 15, 2002.

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 the Part 70 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 a revision to the 
operating permit program 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

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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 the Part 70 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 a State 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 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 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. EPA reserves our 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).
    On January 11, 2002, we proposed to approve this rule revision. In 
the proposal, EPA expressly stated its understanding that IDNR retained 
authority to establish periodic monitoring on a case-by-case basis, and 
also stated that it retained authority to object to periodic monitoring 
which did not meet the requirements of the CAA (67 FR 1432). The public 
comment period was open through February 11, 2002. No comments were 
received.
    This Federal Register document takes final action to approve the 
amendments to Iowa's Title V operating permit program to incorporate 
existing periodic monitoring guidance and adopt by reference compliance 
assurance monitoring requirements.

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 hereby approving 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

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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 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 
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.).
    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 14, 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 in 40 CFR Part 70

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: March 5, 2002.
William Rice,
Acting Regional Administrator, Region 7.




    Chapter I, title 40 of the Code of Federal Regulations is amended 
as follows:

PART 70--[AMENDED]

    1. The authority citation for part 70 continues to read as follows:

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


    2. Appendix A to part 70 is amended by adding under ``Iowa'' 
paragraph (d) to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs

* * * * *

Iowa

* * * * *
    (d) The Iowa Department of Natural Resources (IDNR) submitted 
amendments to Iowa Rule, 567 Iowa Administrative Code (IAC) 
22.108(3), as a revision to the Iowa Title V operating permits 
program on August 31, 2001, effective August 15, 2001. The 
amendments incorporate existing periodic monitoring guidance and 
adopt by reference compliance assurance monitoring requirements. The 
IDNR submitted a supplement regarding these amendments on November 
7, 2001, clarifying IDNR's authority to establish periodic 
monitoring on a case-by-case basis. This revision to the Iowa 
program is effective April 15, 2002.
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[FR Doc. 02-6272 Filed 3-14-02; 8:45 am]
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