[Federal Register Volume 67, Number 215 (Wednesday, November 6, 2002)]
[Rules and Regulations]
[Pages 67563-67566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27838]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IA 159-1159a; FRL-7403-7]


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 pertains to orders and 
permits issued by the state to control particulate matter (PM10 
missions from Holnam, Inc., and Lehigh Portland Cement Company at Mason 
City (Cerro Gordo County), Iowa. This approval will make the orders and 
permits Federally enforceable.

DATES: This direct final rule will be effective January 6, 2003, unless 
EPA receives adverse comments by December 6, 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 Royan Teter, Environmental 
Protection Agency, Air Planning and Development

[[Page 67564]]

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: Royan Teter at (913) 551-7609.

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 document?
    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 (NAAQS) 
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 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 (this can also include state 
orders and permits) 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 Document?

    From 1993 to 1996, there were numerous exceedances of the 24-hour 
PM10 NAAQS at the ambient air monitor located in Mason City, 
Iowa. The measured exceedances ranged from 172 to 286 [mu]g/m\3\. The 
24-hour standard is 150 [mu]g/m\3\. Additional exceedances were 
recorded during 1999 and 2000.
    The two major stationary facilities identified as contributors to 
the monitored exceedances were Lehigh Portland Cement Company and 
Holnam, Inc. These companies operate Portland cement production 
facilities in the vicinity of the PM10 ambient air monitor 
which recorded the exceedances of the NAAQS.
    The Iowa Department of Natural Resources (IDNR), Air Quality 
Bureau, over the course of several years, developed a control strategy 
for each company which requires emission controls on numerous point, 
area, and fugitive emission sources. These requirements were 
incorporated into Administrative Consent Orders (A.C.O.) for each 
company. Additionally, permit conditions were developed or revised to 
reflect the A.C.O. control requirements.
    The orders and permits establish enforceable (1) emission rates, 
(2) limitations on hours of operations, (3) limitations on daily and 
annual process rates (throughput), and (4) limitations on size and 
location of storage piles for raw material, fuels, and clinker. 
Fugitive emissions are to be controlled by the application of dust 
suppressants, sweeping, adherence to established speed limits, and 
limiting the number of daily and annual truck trips. Both facilities 
must be fenced to preclude public access. In addition, at Lehigh the 
coal crusher (source ID 40) is to be operated only in an enclosed 
structure.
    Specifically, we are approving Administrative Consent Order No. 
1999-AQ-31 between the IDNR and Holnam, Inc., signed by the state on 
September 2, 1999, and the Consent Amendment to the same order signed 
by the state on May 16, 2001. We are also approving the construction 
permits related to the A.C.O.
    We are approving Administrative Consent Order No. 1999-AQ-32 
between the IDNR and Lehigh Portland Cement Company signed by the state 
on September 2, 1999. We are also approving the construction permits 
related to the A.C.O.
    Air quality modeling results demonstrate that the control measures 
contained in the Administrative Consent Orders and permits will ensure 
attainment and maintenance of the PM10 NAAQS. Additional 
information concerning the state submittal is contained in the 
technical support document for this action which is available from the 
EPA contact above.

Have the Requirements for Approval of a SIP Revision Been Met?

    The state submittal has met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. The submittal 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, the revision meets the substantive SIP requirements 
of the CAA, including section 110 and implementing regulations.

What Action Is EPA Taking?

    We are approving as a revision to the Iowa SIP, A.C.Os. for Holnam, 
Inc., and Lehigh Portland Cement Company in Mason City, Iowa. We are 
also approving the related construction permits for each company. We 
are processing this action as a final action because we do not 
anticipate any

[[Page 67565]]

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 (Pub. L. 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.).
    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 January 6, 2003. 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 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides.

    Dated: October 23, 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 paragraph (d) is amended by:
    a. Revising the heading for paragraph (d).
    b. Revising the heading for table (d).
    c. Adding entries at the end of the table for Holnam, Inc., and 
Lehigh Portland Cement Company.
    The revisions and additions read as follows:


Sec.  52.820  Identification of plan.

* * * * *
    (d) EPA-approved State source-specific orders/permits

                                EPA-Approved Iowa Source--Specific Orders/Permits
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                                                               State          EPA
          Name of source               Order/permit No.      effective     approval             Comments
                                                               date          date
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                                                  * * * * * * *
Holnam, Inc.......................  A.C.O. 1999-AQ-31....      9/2/1999   November 6,  For a list of the 47
                                                                         2002, and FR   permits issued for
                                                                                 page   individual emission
                                                                             citation   points see IDNR letters
                                                                                        to Holnam, Inc., dated 7/
                                                                                        24/01.
Holnam, Inc.......................  Consent Amendment to      5/16/2001   November 6,  For a list of the 47
                                     A.C.O. 1999-AQ-31.                  2002, and FR   permits issued for
                                                                                 page   individual emission
                                                                             citation   points see IDNR letters
                                                                                        to Holnam, Inc., dated 7/
                                                                                        24/01.

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Holnam, Inc.......................  Permits for 17-01-        7/24/2001   November 6,  For a list of the 47
                                     009, Project Nos. 99-               2002, and FR   permits issued for
                                     511 and 00-468.                             page   individual emission
                                                                             citation   points see IDNR letters
                                                                                        to Holnam, Inc., dated 7/
                                                                                        24/01.
Lehigh Portland Cement Company....  A.C.O. 1999-AQ-32....      9/2/1999   November 6,  For a list of the 41
                                                                         2002, and FR   permits issued for
                                                                                 page   individual emission
                                                                             citation   points see IDNR letters
                                                                                        to Lehigh dated 7/24/01
                                                                                        and 2/18/02.
Lehigh Portland Cement Company....  Permits for plant No.     2/18/2002   November 6,  For a list of the 41
                                     17-01-005, Project                  2002, and FR   permits issued for
                                     Nos. 99-631 and 02-                         page   individual emission
                                     037.                                    citation   points see IDNR letters
                                                                                        to Lehigh dated 7/24/01
                                                                                        and 2/18/02.
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[FR Doc. 02-27838 Filed 11-5-02; 8:45 am]
BILLING CODE 6560-50-P