[Federal Register Volume 69, Number 112 (Thursday, June 10, 2004)]
[Rules and Regulations]
[Pages 32454-32457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13177]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R07-OAR-2004-IA-0001; FRL-7672-3]


Approval and Promulgation of Implementation Plans; State of Iowa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the state of Iowa. This revision pertains to orders and 
permits issued by the state to control particulate matter 
(PM10) emissions from Blackhawk Foundry and Machine Company 
in Davenport (Scott County), Iowa. This approval will make the order 
and permits Federally enforceable.

DATES: This direct final rule will be effective August 9, 2004, unless 
EPA receives adverse comments by July 12, 2004. 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: Submit your comments, identified by Regional Material in 
EDocket (RME) ID Number R07-OAR-2004-IA-0001, by one of the following 
methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Agency Web site: http://docket.epa.gov/rmepub/. RME, EPA's 
electronic public docket and comment system, is EPA's preferred method 
for receiving comments. Once in the system, select ``quick search;'' 
then key in the appropriate RME Docket identification number. Follow 
the on-line instructions for submitting comments.
    3. E-mail: [email protected].
    4. Mail: Harriett Jones, Environmental Protection Agency, Air 
Permitting and Compliance Branch, 901 North 5th Street, Kansas City, 
Kansas 66101.
    5. Hand Delivery or Courier. Deliver your comments to Harriett 
Jones, Environmental Protection Agency, Air Permitting and Compliance 
Branch, 901 North 5th Street, Kansas City, Kansas 66101.
    Instructions: Direct your comments to RME ID No. R07-OAR-2004-IA-
0001. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
http://docket.epa.gov/rmepub/, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through RME, regulations.gov, 
or e-mail. The EPA RME website and the Federal regulations.gov website 
are ``anonymous access'' systems, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through RME or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. 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. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
RME index at http://docket.epa.gov/rmepub/. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically in RME 
or in hard copy at the Environmental Protection Agency, Air Permitting 
and Compliance Branch, 901 North 5th Street, Kansas City, Kansas 66101. 
The Regional Office's official hours of business are Monday through 
Friday, 8 to 4:30 excluding Federal holidays. Interested persons 
wanting to examine these documents should make an appointment with the 
office at least 24 hours in advance.

FOR FURTHER INFORMATION CONTACT: Harriett Jones at (913) 551-7730, or 
at [email protected].

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 Being Addressed in this Document?
Have the Requirements for Approval of a SIP Revision been Met?

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 (NAAQS) 
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.

[[Page 32455]]

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 (this can also include state 
orders and permits) 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?

    From 1995 to 1997, there were several exceedances of the 24-hour 
PM10 (i.e., particulate matter with an aerodynamic diameter 
of equal to or less than ten micrometers) National Ambient Air Quality 
Standard (NAAQS) at the ambient air monitors located in Davenport, 
Iowa. The measured exceedances ranged from 160 to 161 (micrograms per 
cubic meter) [mu]g/m3. The 24-hour standard is 150 [mu]g/m3.
    The only significant stationary facility identified as a 
contributor to the monitored exceedances was Blackhawk Foundry and 
Machine Company. This company operates a gray and ductile iron foundry 
and secondary aluminum production facility in the vicinity of the 
PM10 ambient air monitors which recorded the exceedances of 
the NAAQS.
    The Iowa Department of Natural Resources (IDNR), Air Quality 
Bureau, over the course of several years, developed a control strategy 
for this company which requires emission controls on numerous sources 
of emissions at the installation. These requirements were incorporated 
into an Administrative Consent Order (A.C.O.) for the company. 
Additionally, permit conditions were developed or revised to reflect 
the A.C.O. control requirements.
    The order and permits establish enforceable emission rates and 
limitations on daily and annual process rates (throughput). The order 
required that certain areas be fenced to preclude public access.
    We are approving the A.C.O. No. 03-AQ-51 between the IDNR and 
Blackhawk Foundry and Machine Company signed by the state on December 
4, 2003. We are also approving the construction permits related to the 
A.C.O.
    Air quality modeling results demonstrate that the control measures 
contained in the A.C.O. and permits will ensure attainment and 
maintenance of the PM10 NAAQS. Additional information 
concerning the state submittal is contained in the technical support 
document for this action which is available from the EPA contact 
identified above.

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, the revision meets the substantive SIP requirements 
of the CAA, including section 110 and implementing regulations.

What Action Is EPA Taking?

    We are approving as a revision to the Iowa SIP, the A.C.O. for 
Blackhawk Foundry and Machine Company in Davenport, Iowa. We are also 
approving the related construction permits for this company. We are 
processing this action as a final action because 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 (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

[[Page 32456]]

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 August 9, 2004. 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 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides.

    Dated: June 3, 2004.
James B. Gulliford,
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, paragraph (d) is amended by adding entries at the 
end of the table for Blackhawk Foundry and Machine Company in 
Davenport, Iowa, to read as follows:


Sec.  52.820  Identification of plan.

* * * * *
    (d) EPA-approved State source-specific orders/permits

                                EPA-Approved Iowa Source-Specific Orders/Permits
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                                                            State
          Name of source             Order/permit No.     effective     EPA approval date         Comments
                                                             date
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                                                  * * * * * * *
Blackhawk Foundry and Machine      A.C.O. 03-AQ-51.....    12/4/2003  6/10/2004 [FR page    Together with the
 Company.                                                              citation].            permits listed
                                                                                             below this order
                                                                                             comprises the PM10
                                                                                             control strategy
                                                                                             for Davenport,
                                                                                             Iowa.
Blackhawk Foundry and Machine      Permit No. 02-A-116       8/19/02  6/10/2004 [FR page    Provisions of the
 Company.                           (Cold Box Core                     citation].            permit that relate
                                    Machine).                                                to pollutants other
                                                                                             than PM10 are not
                                                                                             approved by EPA as
                                                                                             part of this SIP.
Blackhawk Foundry and Machine      Permit No. 02-A-290       8/19/02  6/10/2004 [FR page    Provisions of the
 Company.                           (Wheelabrator                      citation].            permit that relate
                                    2 and                                           to pollutants other
                                    Casting Sorting).                                        than PM10 are not
                                                                                             approved by EPA as
                                                                                             part of this SIP.
Blackhawk Foundry and Machine      Permit No. 02-A-291       8/19/02  6/10/2004 [FR page    Provisions of the
 Company.                           (Mold Sand Silo).                  citation].            permit that relate
                                                                                             to pollutants other
                                                                                             than PM10 are not
                                                                                             approved by EPA as
                                                                                             part of this SIP.
Blackhawk Foundry and Machine      Permit No. 02-A-292       8/19/02  6/10/2004 [FR page    Provisions of the
 Company.                           (Bond Storage).                    citation].            permit that relate
                                                                                             to pollutants other
                                                                                             than PM10 are not
                                                                                             approved by EPA as
                                                                                             part of this SIP.
Blackhawk Foundry and Machine      Permit No. 02-A-293       8/19/02  6/10/2004 [FR page    Provisions of the
 Company.                           (Induction Furnace                 citation].            permit that relate
                                    and Aluminum Sweat                                       to pollutants other
                                    Furnace).                                                than PM10 are not
                                                                                             approved by EPA as
                                                                                             part of this SIP.
Blackhawk Foundry and Machine      Permit No. 77-A-114-      8/19/02  6/10/2004 [FR page    Provisions of the
 Company.                           S1 (Wheelabrator                   citation].            permit that relate
                                    1 &                                             to pollutants other
                                    Grinding).                                               than PM10 are not
                                                                                             approved by EPA as
                                                                                             part of this SIP.
Blackhawk Foundry and Machine      Permit No. 84-A-055-      8/19/02  6/10/2004 [FR page    Provisions of the
 Company.                           S1 (Cupola ladle,                  citation].            permit that relate
                                    Pour deck ladle,                                         to pollutants other
                                    Sand shakeout,                                           than PM10 are not
                                    Muller, Return sand                                      approved by EPA as
                                    1, Sand                                         part of this SIP.
                                    cooler, Sand
                                    screen, and Return
                                    sand 2).

[[Page 32457]]

 
Blackhawk Foundry and Machine      Permit No. 72-A-060-      8/19/02  6/10/2004 [FR page    Provisions of the
 Company.                           S5 (Cupola).                       citation].            permit that relate
                                                                                             to pollutants other
                                                                                             than PM10 are not
                                                                                             approved by EPA as
                                                                                             part of this SIP.
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[FR Doc. 04-13177 Filed 6-9-04; 8:45 am]
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