[Federal Register Volume 70, Number 60 (Wednesday, March 30, 2005)]
[Rules and Regulations]
[Pages 16126-16129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6291]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R07-OAR-2005-IA-0001; FRL-7892-1]


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 proposes to approve a revision to the State Implementation 
Plan (SIP) submitted by the state of Iowa. The purpose of this revision 
is to approve the 2004 update to the Polk County Board of Health Rules 
and Regulations, Chapter V, Air Pollution. 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.

[[Page 16127]]


DATES: This direct final rule will be effective May 31, 2005, without 
further notice, unless EPA receives adverse comment by April 29, 2005. 
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-2005-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 Website: 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.
    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.
    Instructions: Direct your comments to RME ID No. R07-OAR-2005-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 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 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 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

[[Page 16128]]

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) requested EPA 
approval of the 2004 revisions to the Polk County Board of Health Rules 
and Regulations, Chapter V, Air Pollution, as a revision to the Iowa 
SIP. The changes were adopted by the Polk County Board of Health 
Supervisors on January 6, 2004, and became effective the same day.
    The following is a description of the revisions to the Polk County 
Board of Health Rules and Regulations, Air Pollution, Chapter V, which 
are subject to this approval action:
    1. Changes in Definitions. Changes were made to the following 
definitions found in Article I, 5-2: AQD, emission limitation and 
emission standard, Health Officer, and EPA reference method. These 
changes make minor clarifications to the definitions and updates to the 
references to Federal rules.
    2. Revision to general limitation of visible air contaminants. 
Article IV, 5-9 changes the opacity of visible air contaminants to 
equal to, or greater than 20 percent or a lesser level as specified in 
a construction or operating permit. The previous percentage of opacity 
was 40 percent. This revision will reduce opacity and elevate the 
protection of air quality.
    3. Revision to emission of air contaminants from industrial 
processes. Article VI, 5-14 revises the emission of particulate matter 
from any process from 0.1 grain per dry standard cubic foot of exhaust 
gas, to 0.10 grain per dry standard cubic foot of exhaust gas.
    4. Excess emissions. Article VI, 5-17(b) and 5-17(d) is revised to 
remove the language ``other than incident during startup or shutdown.'' 
These revisions make the regulations more stringent by identifying 
excess emissions during a period of startup or shutdown as violations.
    5. A typographical error is corrected in Article VI, 5-17(e) to 
read as ``Subsections (a) through (d)''.
    6. Performance test for stack emission test. Article VII, 5-18 
makes a reference to ``Compliance Sampling Manual''. The revision 
reflects the most current update of the Manual through March 14, 2001.
    7. Article VII, 5-18(a)(3) makes updates to reference the most 
current Federal rules.
    8. Processing of application for permits. Article X, Division 1 
(Construction Permits), 5-30 removes the language referring to issuance 
of construction permits for new major stationary source permits. These 
permits are not issued by the Polk County Air Quality Division office, 
but rather by IDNR. The correct title of the Polk County Air Quality 
Division was also cited to be consistent with the updated definition.
    9. Exemptions from permit requirements. Article X, Division 1 
(Construction Permits), 5-33, added references to Federal rules to make 
the SIP more stringent.
    10. Article X, Division 1 (Construction Permits), 5-33(18), is a 
new paragraph for internal combustion engines that exclusively burn 
natural gas with a brake horsepower rating of less than 100 measured at 
the shaft. For this exemption, the manufacturer's nameplate rating at 
full load is defined as the brake horsepower output at the shaft.
    11. Article X, Division 2 (Operating Permits), 5-39, added 
references to Federal rules to make the SIP more stringent.
    12. Article X, Division 2 (Operating Permits), 5-39(b)(6) is a new 
paragraph for internal combustion engines that exclusively burn natural 
gas with a brake horsepower rating of less than 100 measured at the 
shaft. For this exemption, the manufacturer's nameplate rating at full 
load is defined as the brake horsepower output at the shaft.

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?

    EPA is approving a revision to the SIP submitted by the state of 
Iowa, to approve the 2004 update to the Polk County Board of Health 
Rules and Regulations, Chapter V, Air Pollution. These revisions will 
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.
    We are taking direct final action to approve this revision. 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,

[[Page 16129]]

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 May 31, 2005. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: March 21, 2005
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 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.

* * * * *
    (c) * * *

                                          EPA-Approved Iowa Regulations
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                                                             State
         Iowa citation                   Title          effective date  EPA approval date       Explanation
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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 of          1/6/2004  March 30, 2005     Article I, Section 5-
                                 Health Rules and                        [insert FR page    2, definition of
                                 Regulations Air                         number where the   ``variance'';
                                 Pollution Chapter V.                    document begins].  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. 05-6291 Filed 3-29-05; 8:45 am]
BILLING CODE 6560-50-P