[Federal Register Volume 68, Number 45 (Friday, March 7, 2003)]
[Rules and Regulations]
[Pages 10969-10972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5310]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[IA 167-1167a; FRL-7458-8]


Approval and Promulgation of Implementation Plans and Operating 
Permits Program; State of Iowa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is announcing it is approving an amendment to the Iowa 
State Implementation Plan (SIP) and Operating Permits Programs. The 
State of Iowa has requested that EPA approve revisions to its 
definitions rule, construction and operating permit rules, and 
monitoring and measurement rule. Approval of these revisions will 
ensure consistency between the State and Federally-approved rules, and 
ensure Federal enforceability of the State's rule revisions.

DATES: This direct final rule will be effective May 6, 2003, unless EPA 
receives adverse comments by April 7, 2003. 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 the part 70 Operating Permits Program?
    What is being addressed in this document?
    Have the requirements for approval of a SIP revision and part 70 
program 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 us. 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 us 
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 
Promulgations 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

[[Page 10970]]

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 the CAA.

What Is the Part 70 Operating Permits Program?

    The CAA Amendments of 1990 require all States to develop operating 
permits programs that meet certain Federal criteria. 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 permits 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 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 permits 
program are also subject to public notice, comment, and our approval.

What Is Being Addressed in This Document?

    The State of Iowa has requested that EPA approve as an amendment to 
the Iowa SIP and part 70 Operating Permits Program recently adopted 
revisions to its definitions rule, construction and operating permit 
rules, and monitoring and measurement rule. The specific rule revisions 
are discussed below.
    Subrule 20.3(2) has been rescinded. This rule made reference to an 
application form to be used when applying for a variance from the open 
burning rules. This form is no longer used by the department. The 
procedures for requesting a variance are specified in rule 21.2.
    Rule 22.1, which pertains to permits required for new and existing 
sources, has been revised to add subparagraph 22.1(1) ``c'' (4). This 
provision clarifies the notification requirements for sources which 
begin construction prior to obtaining a construction permit as provided 
for in the rule. Subparagraph (4) requires a start construction 
notification within 30 days after starting construction, regardless of 
the permit issuance status.
    Subrule 22.1(2), introductory paragraph, pertaining to exemptions, 
was revised to clarify that units subject to new source performance 
standards (NSPS), National Emission Standard for Hazardous Air 
Pollutants (NESHAP), and prevention of significant deterioration (PSD), 
for example, are not eligible for an exemption from the permitting 
construction rules. Subparagraph 22.1(2) ``i'' was revised to clarify 
the exemption as it relates to hazardous air pollutants. Finally, 
subparagraph 22.1(2) ``t'' was added as a new exemption category. This 
subparagraph exempts containers, storage tanks, or vessels, containing 
fluid having a maximum true vapor pressure of less than 0.75 pounds per 
square inch absolute (psia).
    Paragraph 22.3(3) ``b'' was revised to clarify the permit 
requirement of a source to notify the department of intended startup. 
This revision establishes a more specific time at which notification 
needs to be sent, as well as what information needs to be provided. The 
change also makes the department's deadline consistent with the 
deadlines in new source performance standards.
    Rule 22.100--Definitions for title V operating permits, has been 
revised with respect to regulated air pollutant to clarify that only 
the PM10 fraction of particulate matter is considered when 
determining if a source is a major source. It also clarifies that title 
V fees are not required for particulate matter (excluding 
PM10.)
    Subrule 22.101(1), pertaining to sources subject to title V 
permits, was revised to correct an inconsistency between this rule and 
a reference to rule 22.102. This revision clarifies that all source 
categories listed in 22.102 are exempt from obtaining a title V permit.
    Subrule 22.201(2), pertaining to voluntary operating permits, has 
been revised to clarify exemptions related to parts 60 and 63 sources.
    Subrule 22.300(3), paragraphs ``b'' and ``c,'' have been revised to 
clarify when sources would no longer be eligible for coverage by the 
operating permit by rule for small sources if those sources are subject 
to NSPS or NESHAP.
    Subrule 300(7), paragraph ``c,'' has been revised to correct a 
reference to the record keeping required for emission units and 
emission control equipment. For clarification and consistency purposes, 
a revision was made which changes all of the references to ``emission 
control units'' to the term ``emission control equipment.''
    Rule 25.1--Testing and sampling of new and existing equipment, was 
updated to adopt more recent Federal procedures in 40 CFR parts 60 and 
75.
    Further discussion and background information is contained in the 
technical support document prepared for this action, which is available 
from the EPA contact listed above.

Have the Requirements for Approval of a SIP Revision and Part 70 
Program Revision Been Met?

    The State submittals 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 revisions meet the 
substantive SIP requirements of the CAA, including section 110. 
Finally, the submittals met the substantive requirements of title V of 
the 1990 CAA Amendments and 40 CFR part 70.

What Action Is EPA Taking?

    EPA is processing this action as a direct final action because the 
revisions make routine changes to the existing rules which are 
noncontroversial. Therefore, we do not anticipate any adverse comments.
    Final Action: EPA is approving as an amendment to the Iowa SIP 
revisions to rules 20.3, 22.1, 22.3, 22.201, 22.300, and 25.1 pursuant 
to section 110. EPA is also approving rules 22.100, 22.101, 22.201, and 
22.300 as a program revision to the State's part 70 Operating Permits 
Program pursuant to part 70.

Administrtive 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

[[Page 10971]]

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.).
    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 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

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, Volatile organic compounds.

40 CFR Part 70

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

    Dated: February 20, 2003.
James B. Gulliford,
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 ``567-20.3''.
    b. Under Chapter 22 by revising the entries for ``567-22.1'', 
``567-22.3'', ``567-22.201'', and ``567-22.300.''
    c. Under Chapter 25 by revising the entry for ``567-25.1.''
    The revisions read as follows:


Sec.  52.820  Identification of plan.

* * * * *
    (c) * * *

                                         EPA--Approved Iowa Regulations
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                                                                    State        EPA
            Iowa  citation                       Title            effective   approval           Comments
                                                                    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
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                                                  * * * * * * *
567-20.3.............................  Air Quality Forms            4/24/02  3/7/03 and
                                        Generally.                              FR page
                                                                               citation
 

[[Page 10972]]

 
                                                  * * * * * * *
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                                        Chapter 22--Controlling Pollution
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567-22.1.............................  Permits Required for New     7/17/02  3/7/03 and  Subrules 22.1(2),
                                        or Existing Stationary                  FR page   22.1(2) ``g,'' 22.1(2)
                                        Sources.                               citation   ``i'' have a state
                                                                                          effective date of 5/23/
                                                                                          01.
 
                                                  * * * * * * *
567-22.3.............................  Issuing Permits.........     4/24/02  3/7/03 and  Subrule 22.3(6) is not
                                                                                FR page   SIP approved.
                                                                               citation
 
                                                  * * * * * * *
567-22.201...........................  Eligibility for              4/24/02  3/7/03 and
                                        Voluntary Operating                     FR page
                                        Permits.                               citation
 
                                                  * * * * * * *
567-22.300...........................  Operating Permit by Rule     4/24/02  3/7/03 and  Subrule 22.300(7) ``c''
                                        for Small Sources.                      FR page   has a state effective
                                                                               citation   date of 10/14/98.
 
                                                  * * * * * * *
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                                      Chapter 25--Measurement of Emissions
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567-25.1.............................  Testing and Sampling of      4/24/02  3/7/03 and
                                        New and Existing                        FR page
                                        Equipment.                             citation
 
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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 (e) to read as follows:

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

* * * * *
    Iowa
* * * * *
    (e) The Iowa Department of Natural Resources submitted for 
program approval rules ``567-22.100,'' ``567-22.101,'' ``567-
22.201,'' and ``567-22.300'' on April 25, 2002. The state effective 
date of these rules is April 24, 2002. These revisions to the Iowa 
program are approved effective May 6, 2003.
* * * * *
[FR Doc. 03-5310 Filed 3-6-03; 8:45 am]
BILLING CODE 6560-50-P