[Federal Register Volume 68, Number 179 (Tuesday, September 16, 2003)]
[Rules and Regulations]
[Pages 54170-54173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23584]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[IA 183-1183a; FRL-7559-8]


Approval and Promulgation of Operating Permits Program; State of 
Iowa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Iowa Operating Permits 
Program for air pollution control. This action approves numerous rule 
revisions adopted by the state since the initial approval of its 
program in 1995. Rule revisions approved in this action pertain to the 
deadlines for which an application for a significant modification is 
due, and Title V insignificant activities and insignificant emission 
levels.
    EPA approval of these revisions will ensure consistency between the 
state and Federally-approved rules.

DATES: This direct final rule is effective November 17, 2003, without 
further notice, unless EPA receives adverse comment by October 16, 
2003. If adverse comment is received, EPA will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Comments may be submitted either by mail or electronically. 
Written comments should be submitted to Judith Robinson, Environmental 
Protection Agency, Air Planning and Development Branch, 901 North 5th 
Street, Kansas City, Kansas 66101. Electronic comments should be sent 
either to [email protected] or to http://www.regulations.gov, 
which is an alternative method for submitting electronic comments to 
EPA. To submit comments, please follow the detailed instructions 
described in ``What action is EPA taking'' in the SUPPLEMENTARY 
INFORMATION section.
    Copies of the state submittals are available for public inspection 
during normal business hours at the above-listed Region 7 location. 
Interested persons wanting to examine these documents should make an 
appointment with the office at least 24 hours in advance.

FOR FURTHER INFORMATION CONTACT: Judith Robinson at (913) 551-7825, or 
by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: This section provides additional information 
by addressing the following questions:

What is the part 70 operating permits program?
What is the Federal approval process for an operating permits 
program?
What does Federal approval of a state operating permits program mean 
to me?
What is being addressed in this document?
Have the requirements for approval of a revision to the operating 
permits program been met?
What action is EPA taking?

[[Page 54171]]

What Is the Part 70 Operating Permits Program?

    The Clean Air Act Amendments (CAA) of 1990 require all states to 
develop an operating permits program that meets certain Federal 
criteria listed 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 
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.

What Is the Federal Approval Process for an Operating Permits Program?

    In order for state regulations to be incorporated into the 
Federally-enforceable Title V operating permits program, states must 
formally adopt 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 approved operating 
permits 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 permits 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 Programs.''

What Does Federal Approval of a State Operating Permits Program Mean to 
Me?

    Enforcement of the state regulation before and after it is 
incorporated into the Federally-approved operating permits program is 
primarily a state responsibility. However, we are also 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?

    We have requested that each permitting authority periodically 
submit any revised part 70 rules to us for approval as a revision to 
their approved part 70 program. The purpose for this process is to 
ensure that the state program is consistent with Federal requirements.
    Consequently, the state of Iowa has requested that we approve a 
number of revisions to its part 70 rules. In letters dated March 11, 
2002, and July 17, 2002, the state requested that we approve various 
revisions to rules 567-22.105, 567-22.113, 567-22.100, and 567-22.103.
    The rules were amended to accomplish a number of changes. Some 
amendments were primarily minor changes in wording to rules which were 
already in the approved program. In some instances clarifications and 
corrections 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 which is available from the EPA contact 
above. A few of the rule revisions which may be of interest, however, 
are discussed here.
    Rule 22.100: Definition of ``manually operated equipment'': 
Language was added so that manually operated equipment was defined.
    Rule 22.103(1): This rule lists insignificant activities excluded 
from Title V operating permit applications. A new introductory 
paragraph was added for clarification, which did not result in 
substantive changes. Several additional activities were added. A few of 
the new categories are: photographic process equipment; cafeterias, 
kitchens, and other facilities used for preparing food or beverages 
primarily for consumption at the source; housekeeping activities for 
cleaning purposes; and administrative activities including paper 
shredding, copying, photographic activities, and blueprinting machines.
    Rule 22.103(2): This rule lists insignificant activities which must 
be included in Title V operating permit applications based on emission 
rates and capacity of the source or unit. The potential emissions and 
storage tank definitions were revised. The following is an 
insignificant activity which was added: internal combustion engines 
that are used for emergency response purposes with a brake horsepower 
rating of less than 400 measured at the shaft.
    Rule 22.105: This rule revises the deadline for application 
submittal to no later than 3 months after commencing operation of the 
changed source, if the change is not prohibited by the current permit.
    Rule 22.113: A new subrule was added to make clear when the 
application for a significant modification is due, consistent with the 
change to Rule 22.105.

Have the Requirements for Approval of a Revision to the Operating 
Permits Program Been Met?

    Our review of the material submitted indicates that 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 has met the requirement for a program revision as 
established in 40 CFR 70.4(i).

What Action Is EPA Taking?

    We are approving revisions to the Iowa part 70 operating permits 
program which were submitted to EPA on March 11, 2002, and July 17, 
2002. 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.
    You may submit comments either electronically or by mail. To ensure 
proper receipt by EPA, identify the appropriate rulemaking 
identification number (IA 183-1183a) in the subject line on the first 
page of your comment. Please ensure that your comments are submitted 
within the specified comment period. Comments received after the close 
of the comment period will be

[[Page 54172]]

marked ``late.'' EPA is not required to consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    a. Electronic mail. Comments may be sent by e-mail to 
[email protected]. Please include identification number (IA 183-
1183a) in the subject line. EPA's e-mail system is not an ``anonymous 
access'' system. If you send an e-mail comment directly without going 
through Regulations.gov, EPA's e-mail system automatically captures 
your e-mail address. E-mail addresses that are automatically captured 
by EPA's e-mail system are included as part of the comment that is 
placed in the official public docket.
    b. Regulations.gov. Your use of Regulations.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to http://www.regulations.gov, click on ``To Search for Regulations,'' then 
select Environmental Protection Agency and use the ``go'' button. The 
list of current EPA actions available for comment will be listed. 
Please follow the online instructions for submitting comments. The 
system is an ``anonymous access'' system, which means EPA will not know 
your identity, e-mail address, or other contact information unless you 
provide it in the body of your comment.
    2. By Mail. Written comments should be sent to the name and address 
listed in the ADDRESSES section of this document.

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 mandates 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 state operating permits programs submitted pursuant to 
Title V of the CAA, EPA will approve state programs provided that they 
meet the requirements of the CAA and EPA's regulations codified at 40 
CFR part 70. 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 state operating permits program 
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 a state program 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 November 17, 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 70

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

    Dated: September 4, 2003.
William W. Rice,
Acting Regional Administrator, Region 7.

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

PART 70--[AMENDED]

0
1. The authority citation for Part 70 continues to read as follows:

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


0
2. Appendix A to Part 70 is amended by adding under ``Iowa'' paragraph 
(f) to read as follows:

[[Page 54173]]

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

* * * * *

Iowa

* * * * *
    (f) The Iowa Department of Natural Resources submitted for 
program approval rules 567-22.100, 567-22.103 on July 17, 2002, and 
rules 567-22.105, 567-22.113, on March 11, 2002. These revisions to 
the Iowa program are approved effective November 17, 2003.
* * * * *
[FR Doc. 03-23584 Filed 9-15-03; 8:45 am]
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