[Federal Register Volume 69, Number 6 (Friday, January 9, 2004)]
[Rules and Regulations]
[Pages 1537-1538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-374]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IA 200-1200; FRL-7608-3]


Approval and Promulgation of Implementation Plans; State of Iowa; 
Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Correcting amendments.

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SUMMARY: On October 8, 2003, EPA published a direct final action 
approving revisions to the Iowa State Implementation Plan (SIP). In the 
October 8, 2003, rule, EPA inadvertently deleted a clarifying statement 
in the Comments column for Polk County Board of Health Rules and 
Regulations Air Pollution Chapter V. We are making a correction in this 
document.

DATES: This action is effective January 9, 2004.

FOR FURTHER INFORMATION CONTACT: Heather Hamilton (913) 551-7039, or e-
mail her at [email protected].

SUPPLEMENTARY INFORMATION: EPA published a SIP revision for Iowa for 
Polk County Board of Health Rules and Regulations Air Pollution Chapter 
V, on June 13, 1995 (60 FR 31084). Section 52.820(c), Polk County, 
included a statement that Article VIII and Article XIII of the Polk 
County rules are not a part of the SIP. This clarification was 
inadvertently omitted in the prior rule. Therefore, in this correction 
notice we are reinserting this information into the table.
    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(B), provides that, when an agency for good cause finds that 
notice and public procedures are impracticable, unnecessary, or 
contrary to the public interest, the agency may issue a rule without 
providing notice and an opportunity for public comment. We have 
determined that there is such good cause for making today's rule final 
without prior proposal and opportunity for comment because we are 
merely reinserting an explanation which was included in a previous 
action. Thus, notice and public procedure are unnecessary.

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 corrects a table consistent with a prior EPA action, and imposes 
no additional requirements. 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 merely reinserts 
clarifying language included in a previous action, 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). For the same reason, this rule also does not 
significantly or uniquely affect the communities of tribal governments, 
as specified by Executive Order 13084 (63 FR 27655, May 10, 1998). This 
rule will 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), for the reasons stated above, and does not alter the 
relationship or the distribution of power and responsibilities 
established in the Clean Air Act (CAA). This rule also is not subject 
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is 
not economically significant.
    In reviewing SIP submissions, our 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), we have 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. As required by section 3 of Executive Order 12988 
(61 FR 4729, February 7, 1996), in issuing this rule, we have taken the 
necessary steps to eliminate drafting errors and ambiguity, minimize 
potential litigation, and provide a clear legal standard for affected 
conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March 
15, 1988) by examining the takings implications of the rule in 
accordance with the ``Attorney General's Supplemental Guidelines for 
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued 
under the Executive Order. 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 (CRA), 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. Section 808 allows the issuing agency to 
make a rule effective sooner than otherwise provided by the CRA if the 
agency makes a good cause finding that notice and public procedure is 
impracticable, unnecessary or contrary to the public interest. This 
determination must be supported by a brief statement. As stated 
previously, we made such a good cause finding, including the reasons 
therefore and established an effective date of January 9, 2004. We will 
submit a report containing this rule and other required information to 
the United States Senate, the United States House of Representatives, 
and the Comptroller General of the United States prior to publication 
of the rule in the Federal Register. This correction to the Iowa SIP 
table is not a ``major rule'' as defined by 5 U.S.C. 804 et seq (2).

    Dated: December 22, 2003.
James B. Gulliford,
Regional Administrator, Region 7.

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

[[Page 1538]]

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 in the Comments column for ``Chapter V'' under ``Polk 
County'' to read as follows:


Sec.  52.820  Identification of plan.

* * * * *
    (c) * * *

                                         EPA--Approved Iowa Regulations
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                                                          State
         Iowa citation                  Title        effective date     EPA approval date          Comments
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                 Iowa Department of Natural Resources, Environmental Protection Commission [567]
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                                                 * * * * * * *
 
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                                                   Polk County
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Chapter V......................  Polk County Board        4/15/1998  1/09/04                  Article I, Board
                                  of Health Rules         10/4/2000  FR page and cite          of Section 5-2,
                                  and Regulations                                              definition of
                                  Air Pollution                                                ``variance'';
                                  Chapter V.                                                   Article VI,
                                                                                               Sections 5-16(n),
                                                                                               (o) and (p);
                                                                                               Article VIII,
                                                                                               Article IX,
                                                                                               Sections 5-27(3)
                                                                                               and (4), Article
                                                                                               XIII, and Article
                                                                                               XVI, Section 5-
                                                                                               75(b) are not a
                                                                                               part of the SIP.
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[FR Doc. 04-374 Filed 1-8-04; 8:45 am]
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