[Federal Register Volume 68, Number 130 (Tuesday, July 8, 2003)]
[Rules and Regulations]
[Pages 40531-40533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17101]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[IA 186-1186a; FRL-7523-4]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; State of Iowa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a revision to Iowa's rule for controlling 
emissions from existing sources subject to the section 111(d) emission 
guidelines. This revision updates the adoption by reference of Federal 
requirements applicable to these sources. Approval of this revision 
will ensure that the state requirements are consistent with and 
equivalent to the Federal regulations.

DATES: This direct final rule will be effective September 8, 2003, 
unless EPA receives adverse comments by August 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, or e-mail him at 
[email protected].
    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, or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    Information regarding this action is presented in the following 
order:

    What is a 111(d) plan?
    What changes did the state make to its emission guidelines rule?
    What action are we taking?

What Is a 111(d) Plan?

    Section 111(d) of the Clean Air Act (CAA or Act) requires states to 
submit plans to control certain pollutants (designated pollutants) at 
existing

[[Page 40532]]

facilities (designated facilities) whenever standards of performance 
have been established under section 111(b) for new sources of the same 
type, and EPA has established emission guidelines for such existing 
sources. A designated pollutant is any pollutant for which no air 
quality criteria have been issued, and which is not included on a list 
published under section 108(a) or section 112(b)(1)(A) of the CAA, but 
emissions of which are subject to a standard of performance for new 
stationary sources.
    The state has adopted these requirements in state rule 567-
23.5(1)--Emission guidelines, and has submitted a request that we 
approve an update of this rule pursuant to section 111(d).

What Changes Did the State Make to Its Emission Guidelines Rule?

    The state adopted a revision to this rule, which was effective in 
the state on April 24, 2002. The introductory paragraph of 23.1(5)--
Emission guidelines, adopts by reference an updated version of general 
requirements of 40 CFR part 60, which apply to all emission guidelines. 
This includes: reference test methods (appendix A), performance 
specifications (appendix B), determination of emission rate change 
(appendix C), quality assurance procedures (appendix F), and the 
general provisions (subpart A).
    In this rule update, the state has simply updated the reference 
date to 40 CFR part 60, from November 24, 1998, to July 23, 2001. The 
revised rule now reads: 23.1(5)--Emission guidelines. The emission 
guidelines and compliance times for existing sources, as defined in 40 
Code of Federal Regulations part 60 as amended through July 23, 2001, 
shall apply to the following affected facilities. The corresponding 40 
CFR part 60 subpart designation is in parentheses. The control of the 
designated pollutants will be in accordance with federal standards 
established in sections 111 and 129 of the Act and 40 CFR part 60, 
subpart B (Adoption and Submittal of State Plans for Designated 
Facilities), and the applicable subpart(s) for the existing source. 
Reference test methods (appendix A), performance specifications 
(appendix B), determination of emission rate change (appendix C), 
quality assurance procedures (appendix F) and the general provisions 
(subpart A) of 40 CFR part 60 also apply to the affected facilities.
    The rule continues with paragraph 23.1(5)a--Emission guidelines for 
municipal solid waste landfills (subpart Cc), and paragraph 23.1(5)b, 
Emission guidelines for hospital/medical/infectious waste incinerators 
(subpart Ce). Thus, the updated requirements of 40 CFR part 60, adopted 
by reference in the paragraph above, apply to these sources.

What Action Are We Taking?

    We are approving Iowa's revision to rule 23.1(5). We are processing 
this action as a final action because the revision makes a routine 
change to the existing rule which is 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.

Statutory and Executive Order Reviews

    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 111(d) 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 submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a submission, 
to use VCS in place of a 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 September 8, 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).)

[[Page 40533]]

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: June 26, 2003.
William Rice,
Acting Regional Administrator, Region 7.

0
Chapter I, title 40 of the Code of Federal Regulations is amended as 
follows:

PART 62--[AMENDED]

0
1. The authority citation for part 62 continues to read as follows:

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

Subpart Q--Iowa

0
2. Subpart Q is amended by adding a new Sec.  62.3840 under the 
undesignated center heading to read as follows:


Sec.  62.3840  Standards of Performance for New Stationary Sources.

    Rule 567-23.1(5), Emission guidelines, which adopts by reference 40 
CFR part 60, subpart A and appendices A-C, and F, as amended through 
July 23, 2001, is approved.

[FR Doc. 03-17101 Filed 7-7-03; 8:45 am]
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