[Federal Register Volume 69, Number 145 (Thursday, July 29, 2004)]
[Rules and Regulations]
[Pages 45277-45278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17297]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[R07-OAR-2004-IA-0002; FRL-7793-8]


Approval and Promulgation of Operating Permits Program; State of 
Iowa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is announcing approval of a revision to the Iowa Operating 
Permits Program for the purpose of revising the definition of 
stationary source categories in the state rule. The revised definition 
will be consistent with the Federally-approved rules, including the 
provisions of the New Source Review Program and with EPA's major source 
definition.

DATES: This direct final rule will be effective September 27, 2004, 
without further notice, unless EPA receives adverse comment by August 
30, 2004. If adverse comment is 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-0002, 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: Heather Hamilton, Environmental Protection Agency, Air 
Planning and Development Branch, 901 North 5th Street, Kansas City, 
Kansas 66101.
    5. Hand Delivery or Courier. Deliver your comments to Heather 
Hamilton, Environmental Protection Agency, Air Planning and Development 
Branch, 901 North 5th Street, Kansas City, Kansas 66101.
    Instructions: Direct your comments to RME ID No. R07-OAR-2004-IA-
0002. 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 Web site and the Federal regulations.gov Web 
site 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 Planning 
and Development Branch, 901 North 5th Street, Kansas City, Kansas 
66101. The Regional Office's official hours of business are Monday 
through Friday, 8:00 to 4:30, excluding Federal holidays. 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 information by addressing the following questions:

    What is the Part 70 operating permits program?
    What is being addressed in this document?
    What action is EPA taking?

What Is the Part 70 Operating Permits Program?

    The Clean Air Act (CAA) Amendments of 1990 require all states to 
develop operating permits programs that meet certain Federal criteria. 
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 EPA's implementing 
regulations. Revisions to the state operating permits program are 
subject to public notice, comment, and EPA approval.

What Is Being Addressed in This Document?

    The state of Iowa has requested a revision to the Operating Permits 
Program for the purpose of revising the

[[Page 45278]]

definition of stationary source categories in the state rule. EPA 
Region 7 advised the state of Iowa that the Federal definition had been 
revised to allow states to no longer require owners/operators of 
industrial facilities to count fugitive emissions of air pollutants not 
considered toxic in major source determinations, if the sources are in 
source categories subject to Federal emissions regulations promulgated 
after August 7, 1980. The state of Iowa acted on this revision and the 
amended rule (567-22.100(455B)) became effective on January 15, 2003.
    The revision will make the definition consistent with the 
provisions of the New Source Review program and with EPA's major source 
definition in 40 CFR part 70.

What Action Is EPA Taking?

    EPA is approving Iowa's revision of its definition of stationary 
source categories. We are processing this action as a direct 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.

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 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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by September 27, 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 70

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

    Dated: July 14, 2004.
U. Gale Hutton,
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.

Appendix A--[Amended]

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

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

* * * * *
    Iowa
* * * * *
    (g) The Iowa Department of Natural Resources submitted for 
program approval rule 567-22.100(455B) on April 20, 2004. The state 
effective date is January 15, 2003. We are approving this program 
revision effective September 27, 2004.
* * * * *
[FR Doc. 04-17297 Filed 7-28-04; 8:45 am]
BILLING CODE 6560-50-P