[Federal Register Volume 68, Number 195 (Wednesday, October 8, 2003)]
[Rules and Regulations]
[Pages 58019-58022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25396]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IA 187-1187a; FRL-7569-9]


Approval and Promulgation of State Implementation Plans; State of 
Iowa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking final action to approve a revision to the State 
Implementation Plan (SIP) submitted by the State of Iowa. The purpose 
of this revision is to update the 1998 and 2000 Polk County Board of 
Health Rules and Regulations, Air Pollution, Chapter V. These revisions 
will help to ensure consistency between the applicable local agency 
rules and Federally-approved rules, and ensure Federal enforceability 
of the applicable parts of the local agency air programs.

DATES: This direct final rule will be effective December 8, 2003, 
unless EPA receives adverse comments by November 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 submitted either by mail or electronically. 
Written comments should be submitted to Heather Hamilton, Environmental 
Protection Agency, Air Planning and Development Branch, 901 North 5th 
Street, Kansas City, Kansas 66101. Electronic comments should be sent 
either to Heather Hamilton at [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 documents relative to this action are available for 
public inspection during normal business hours at the EPA Region 7 
location listed in the previous paragraph. 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: Heather Hamilton at 913-551-7039, or 
by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This section provides 
additional

[[Page 58020]]

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 
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 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?

    The Iowa Department of Natural Resources (IDNR) has requested that 
EPA approve changes to the Polk County Board of Health Rules and 
Regulations, Air Pollution, Chapter V, as a revision to the Iowa SIP. 
The changes were adopted by the Polk County Board of Health Supervisors 
on April 15, 1998, and October 4, 2000, and became effective on those 
same days.
    The following is a description of the changes to Polk County Board 
of Health Rules and Regulations, Air Pollution, Chapter V, revisions 
which are subject to this approval action:
    1. Purpose and Ambient Air Quality Standards. A reference to Title 
40 Code of Federal Regulations (40 CFR) part 50 was added to Article I, 
5-1(b) to clarify that the standards referenced in the ordinance are 
the standards in part 50.
    2. Changes in Definitions. Changes were made to the following 
definitions found in Article I, 5-2: Allowable emissions, APCD, ASME, 
ASTM, Control equipment, Criteria, Distillate oil, Emission limitation, 
EPA reference method, Excess emission, Federally enforceable, Health 
officer, Heating value, Major stationary source, Natural gas, Permit 
conditions, Trade waste, and Volatile organic compounds. These changes 
make minor clarifications to the definitions or update the references 
contained in the definitions consistent with the state and Federal 
requirements.
    3. Additions to List of Definitions. The following were added to 
the list of definitions found in Article I, 5-2: Fireplace, Grill, PM 
2.5, PM 2.5 emissions, and Twelve month rolling period. These additions 
are also minor clarifications and updates.
    4. Powers of Health Officer. Article II, 5-4(15) was added to give 
the Health Officer the authority to determine the characteristics of a 
violation, recommend civil penalties and demand payment of the 
applicable penalty.
    5. Allowable Visible Emissions from Incinerators. Article III, 5-
6(b)(2) was changed to lower the allowable visible emissions limit from 
an incinerator from forty percent to twenty percent, or such other 
limit specified in a permit.
    6. Exemptions from Limitations on Visible Air Contaminants from 
Equipment. Article IV, 5-9(5) and (6) were changed to clarify that the 
exemption for the emissions from stoves or fireplaces in family 
dwellings requires the wood and/or coal to be untreated.
    7. Visible Air Contaminants Methodology. Article IV, 5-10 was 
changed to update the reference to Method 9, 40 CFR part 60 appendix A, 
as amended through March 12, 1996.
    8. General Emission Standards for Industrial Processes. Article VI, 
5-14(b) was changed to clarify the allowable emission of particulate 
matter from process gases. Also, Article VI, 5-15(b) was updated to add 
the title of the referenced subrule.
    9. Specific Emission Standards. Article VI, 5-16(d) was changed to 
reflect the change made in Article VI, 5-14(b) and to add emission 
standards for foundry cupolas with a process weight rate less than or 
equal to 20,000 pounds per hour.
    10. Stack Emission Tests. The reference to Iowa's ``Compliance 
Sampling Manual'' in Article VII, 5-18(a)(2) was updated to the version 
revised through January 1, 1995. Also, the sampling methods, analytical 
determinations and minimum performance specifications referenced in 
Article VII, 5-18(a)(3) were changed and updated.
    11. Reporting of Continuous Monitoring Information. Article VII, 5-
19(b)(4) was amended to specify the date by which quarterly reports are 
due to the health officer.
    12. Conditions for Exemptions from Continuous Monitoring 
Requirements. Article VII, 5-18(b)(5)(i) was changed to specify that 
the reference to new source performance standards are those at 40 CFR 
part 60 as amended through November 24, 1998. Also, Article VII 5-
18(b)(7) was changed to update the reference to the Federal acid rain 
program as provided in 40 CFR part 75 as adopted January 11, 1993 and 
as corrected or amended through October 24, 1997.
    13. Issuance of Permit. Article X, 5-31(c) was changed to add 
adoption by reference and incorporation of Iowa Administrative Code 
subrule 567-

[[Page 58021]]

23.1(6), ``Calculation of Emission Limitations Based Upon Stack 
Height.'' This revision is consistent with the state rule which has 
been approved by EPA.
    14. Exemptions from Construction Permit Requirements. Article X, 5-
33(6) was changed to include certain pyrolysis cleaning furnaces in the 
exemption from construction permits and to specifically exclude salt 
bath units from the exemption. Also, Article X, 5-33(11) was changed to 
broaden the exemption to any storage tank with a capacity of less than 
10,570 gallons and an annual throughput less than 40,000 gallons. This 
revision is consistent with the state rule which has been approved by 
EPA.
    15. Exemptions from Operating Permit Requirements. Article X, 5-
39(a)(1) was changed to include certain pyrolysis cleaning furnaces in 
the exemption from operating permits and to specifically exclude salt 
bath units from the exemption.
    16. Special Requirements for Non Attainment Areas. The reference in 
Article XII, 5-58 to the ``Special Requirements for Non Attainment 
Areas'', Rule 567-22.5(455B) was updated to include any amendments or 
changes in the state rule through July 21, 1999. Polk County is 
currently in attainment for all NAAQS, so this change does not impact 
any sources.
    The EPA is not acting on the following revisions:
    1. Article I, 5-2, definition of variance: The definition of 
variance will not be approved in this SIP as the provisions for 
variances found in Article XIII are not currently a part of the EPA-
approved SIP.
    2. Civil Penalties. Article XVI, 5-75(b) was amended to define when 
separate violations exist and to add a schedule of penalties which the 
Health Officer shall normally request unless in the judgement of the 
Health Officer the offense is so minor that a lesser penalty would be 
appropriate. This provision will not be approved because EPA has 
separate authority under section 113 of the CAA to seek penalties for 
violations, and would apply its own policies developed under that 
section to determine the appropriate penalty to be sought.

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 which is part of this document, the revision meets the 
substantive SIP requirements of the CAA, including section 110 and 
implementing regulations.

What Action Is EPA Taking?

    We are taking direct final action to approve this revision with the 
exception of Article I, 5-2, and Article VI, 5-17 (a), (b), and (d). 
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 187-1187a, 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 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 Heather 
Hamilton at [email protected]. Please include identification 
number, IA 187-1187a, 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 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

[[Page 58022]]

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 December 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).)

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.

    Dated: September 25, 2003.
Nat Scurry,
Acting Regional Administrator, Region 7.

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

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart Q--Iowa


0
2. In Sec.  52.820 the table in paragraph (c) is amended by revising 
the entry for ``Chapter V'' under the heading ``Polk County'' to read 
as follows:


Sec.  52.820  Identification of Plan.

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    (c) * * *

                                          EPA-Approved Iowa Regulations
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                                                  State
      Iowa citation              Title          effective       EPA approval date              Comments
                                                  date
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                 Iowa Department of Natural Resources, Environmental Protection Commission [567]
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                                                   Polk County
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Chapter V                 Polk County Board      4/15/1998  [10/8/03 and FR page      Article I, 5-2, definition
                           of Health Rules       10/4/2000   citation].                of and ``variance'';
                           and Regulations                                             Article VI, Sections 5-
                           Air Pollution                                               16(n), (o) and (p);
                           Chapter V.                                                  Article IX, Sections 5-
                                                                                       27(3) and (4) and Article
                                                                                       XVI, Section 5-75(b) are
                                                                                       not a part of the SIP.
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[FR Doc. 03-25396 Filed 10-7-03; 8:45 am]
BILLING CODE 6560-50-P