[Federal Register Volume 71, Number 61 (Thursday, March 30, 2006)]
[Rules and Regulations]
[Pages 16051-16053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3036]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2006-0122; FRL-8050-4]


Approval and Promulgation of Implementation Plans; Iowa; 
Prevention of Significant Deterioration (PSD)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is making a revision to the Code of Federal Regulations 
(CFR) for the purpose of giving the Iowa Department of Natural 
Resources (IDNR) full regulatory responsibility for EPA-issued 
Prevention of Significant Deterioration (PSD) permits. IDNR 
demonstrated state legislative authority to take responsibility for the 
permits, and demonstrated that resources are available to accomplish 
full regulatory responsibility.

DATES: This direct final rule will be effective May 30, 2006, without 
further notice, unless EPA receives adverse comment by May 1, 2006. 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 Docket ID No. EPA-R07-
OAR-2006-0122, by one of the following methods:
    1. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    2. E-mail: [email protected].
    3. Mail: Heather Hamilton, Environmental Protection Agency, Air 
Planning and Development Branch, 901 North 5th Street, Kansas City, 
Kansas 66101.
    4. 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 Docket ID No. EPA-R07-OAR-
2006-0122. 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://www.regulations.gov, 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 through http://www.regulations.gov or e-mail information that you consider to be CBI 
or otherwise protected. The http://www.regulations.gov Web site is an 
``anonymous access'' system, 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 http://www.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 
http://www.regulations.gov index. 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 http://

[[Page 16052]]

www.regulations.gov 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 a.m. to 4:30 p.m. 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 Being Addressed in This Document?
What Action is EPA Taking?

What is Being Addressed in This Document?

    EPA is making a revision to the CFR for the purpose of giving the 
IDNR full regulatory responsibility for EPA-issued PSD permits.
    On April 22, 1987, EPA approved Iowa's rules for the Prevention of 
Significant Deterioration (PSD) of air quality (a permit program for 
major new and modified sources of air pollution proposing to locate in 
areas of the state which are achieving the ambient air quality 
standards). One issue in that rulemaking addressed how the PSD permits 
previously issued by EPA would be administered. At that time, IDNR 
determined that it did not have authority to implement the PSD program. 
EPA approved the Iowa program, which incorporated the federal PSD rules 
in 40 CFR 52.21, by reference. However, EPA stated in 40 CFR 52.833 
that its approval did not extend to sources holding federal PSD permits 
and EPA retained authority to administer the program for those permits 
for sources subject to permits previously issued by EPA. IDNR has since 
reconsidered its authority and has determined that it does have 
authority to implement EPA permits.
    IDNR demonstrated state legal authority to take responsibility for 
the permits in a letter to EPA Region 7 dated May 23, 2003. IDNR's 
authority to take responsibility for EPA-issued permits can be found in 
the Iowa Administrative Code, Section 567, ``Environmental Protection 
Commission'', Chapter 22.4, ``Special requirements for major stationary 
sources located in areas designated attainment or unclassified (PSD).'' 
In the same letter, IDNR demonstrated that resources are available to 
assume regulatory responsibility for EPA-issued permits. The IDNR 
Construction Permit Section of the Air Quality Bureau is responsible 
for reviewing and issuing air construction permits and is fully staffed 
by permit review engineers. The air dispersion modeling related to 
construction permits is accomplished by environmental specialists 
located in the Program Development Section of the Air Quality Bureau. 
Four ambient air monitoring staff are available for questions and 
issues related to pre-application or post-construction ambient air 
monitoring for PSD permits.
    A public hearing with regard to this action was held by the state. 
Two comments were received from industry representatives which 
supported the action.
    With this action, the regulatory text in 52.833 will be revised to 
reflect that IDNR has been given full regulatory responsibility for 
EPA-issued PSD permits. The language stating ``sources with permits 
issued by EPA prior to the effective date of the state's rules;'' will 
be deleted.

What Action is EPA Taking?

    EPA is approving this revision submitted by Iowa and is revising 40 
CFR 52.833 to give the Iowa Department of Natural Resources regulatory 
responsibility for EPA-issued Prevention of Significant Deterioration 
permits. IDNR demonstrated legal authority to take responsibility for 
the permits, and demonstrated that resources are available to 
accomplish full regulatory responsibility. 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 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 action 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 action 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 action 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 action 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 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 state submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a state 
submission, to use VCS in place of a state 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 action 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

[[Page 16053]]

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 May 30, 2006. 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 13, 2006.
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. Section 52.833 is revised to read as follows:


Sec.  52.833  Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Air 
Act are met, except for sources seeking permits to locate on Indian 
lands in the state of Iowa; and certain sources affected by the stack 
height rules described in a letter from Iowa dated April 22, 1987.
    (b) Regulations for preventing significant deterioration of air 
quality. The provisions of Sec.  52.21 except paragraph (a)(1) are 
hereby incorporated and made a part of the applicable State plan for 
the State of Iowa for sources wishing to locate on Indian lands; and 
certain sources as identified in Iowa's April 22, 1987, letter.

[FR Doc. 06-3036 Filed 3-29-06; 8:45 am]
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