Approval and Promulgation of Implementation Plans; State of Iowa

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IA-12-1-6529a; FRL-5110-3]

Approval and Promulgation of Implementation Plans; State of Iowa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This final action approves the State Implementation Plan (SIP)

submitted by the state of Iowa. The revision includes updating several

incorporations by reference and conformity to Federal regulations which

strengthen maintenance of established air quality standards.

DATES: This action will be effective February 21, 1995 unless adverse

or critical comments are received.

ADDRESSES: Copies of the documents relevant to this action are

available for public inspection during normal business hours at the

Environmental Protection Agency, Air Branch, 726 Minnesota Avenue,

Kansas City, Kansas 66101; and EPA Air & Radiation Docket and

Information Center, 401 M Street SW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Christopher D. Hess at (913) 551-7213.

SUPPLEMENTARY INFORMATION: Beginning with its initial submission in

1972, the state of Iowa has operated a federally approved SIP that has

implemented the various requirements of the Clean Air Act (Act) and the

Code of Federal Regulations (CFR). During the past two decades,

numerous revisions and updates have been made to the SIP in response to

new Federal requirements.

On May 5, 1994, the state of Iowa requested an SIP revision under

the authority and signature of the Governor's designee, Larry J.

Wilson, Director, Iowa Department of Natural Resources (IDNR). This

submission has been deemed complete in accordance with the criteria

specified in 40 CFR part 51, appendix V. The state has provided

evidence of the lawful adoption of regulations, public notice, and

public hearing requirements.

Rule Revisions for the SIP

The state has adopted a total of five revisions in two actions by

the Environmental Protection Commission (EPC). In the first action,

effective January 12, 1994, the state amends its rules in paragraph

23.2(3)g with respect to training fires. In the state's previous rule,

fires set for training fire-fighting employees required notification of

the director at least one week prior to the event. The state has

determined that it desires to make this requirement for notification

consistent with the requirements in 40 CFR 61.145, as amended through

March 5, 1992. The Federal requirement specifies 10 days' notification

which the state now adopts.

In the second action, effective April 20, 1994, the state amended

four rules now submitted as revisions to the SIP.

1. In Iowa rule 567-22.4, the state previously adopted by reference

40 CFR 52.21, as amended through February 3, 1992, with respect to

special requirements for major stationary sources located in areas

designated attainment or unclassified (PSD). The state now updates this

adoption to include the modeling guidelines and PM10 increments

specified in the June 3, 1993, Federal Register document and changes in

Sec. 52.21 which became effective June 3, 1994.

2. In Iowa rule 23.3(2)d (3) and (4), the state previously allowed

use of the Ringelmann Chart or an opacity determination in regulating

diesel-powered vehicles and locomotives. Since the state has adopted

Test Method 9 for opacity as found in 40 CFR part 60, appendix A (also

in this April 20, 1994, adoption), the state hereby ceases to use the

Ringelmann Chart.

3. In subrule 23.4(6), the state amends a typographical error in a

rule concerning emissions of particulate matter in sand handling and

surface finishing operations in metal processing. The rule itself is

unchanged.

4. In subrule 25.1(9), the state previously outlined its test

methods and procedures by adopting those specified in 40 CFR part 60,

appendices B and F through February 11, 1991. The state now updates its

adoption to include appendix A of part 60 and include amendments

through May 17, 1993. This adoption includes Test Method 9 for opacity

as outlined in 2. above.

EPA Action

EPA is taking final action to approve revisions submitted May 15,

1994, for the state of Iowa.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP. Each request for revision to the SIP shall be

considered separately in light of specific technical, economic, and

environmental factors and in relation to relevant statutory and

regulatory requirements.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities (5 U.S.C. 603 and 604).

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

SIP approvals under section 110 and subchapter I, part D of the CAA

do not create any new requirements, but simply approve requirements

that the state is already imposing. Therefore, because the Federal SIP

approval does not impose any new requirements, EPA certifies that it

does not have a significant impact on any small entities affected.

Moreover, due to the nature of the Federal-state relationship under the

CAA, preparation of a regulatory flexibility analysis would constitute

Federal inquiry into the economic reasonableness of state action. The

CAA forbids EPA to base its actions concerning SIPs on such grounds

(Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);

42 U.S.C. 7410(a)(2)).

The Office of Management and Budget has exempted these actions from

review under Executive Order 12866.

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 February 21, 1995. 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).)

The EPA is publishing this action without prior proposal because

the Agency views this as a noncontroversial amendment and anticipates

no adverse comments. However, in a separate document in the Federal

Register publication, the EPA is proposing to approve the SIP revision

should adverse or critical comments be filed.

If the EPA receives such comments, this action will be withdrawn

before the effective date by publishing a subsequent notice that will

withdraw the final action. All public comments received will then be

addressed in a subsequent rule based on this action serving as a

proposed rule. The EPA will not institute a second comment period on

this action. Any parties interested in commenting on this action should

do so at this time.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by reference, Intergovernmental relations,

Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and

recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

Dated: October 20, 1994.

Dennis Grams, P.E.,

Regional Administrator.

Part 52, chapter I, title 40 of the Code of Federal Regulations is

amended as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

Subpart Q--Iowa

2. Section 52.820 is amended by adding paragraph (c)(59) to read as

follows:

Sec. 52.820 Identification of plan.

* * * * *

(c) * * *

(59) On May 5, 1994, the Director of the Iowa Department of Natural

Resources submitted revisions to the State Implementation Plan (SIP) to

update the state's incorporation by reference and conformity to various

federally approved regulations.

(i) Incorporation by reference.

(A) Revised rules, ``Iowa Administrative Code,'' effective January

12, 1994. This revision approves an amendment to paragraph 23.2(3)g

pertaining to open fires burned for the purpose of training fire-

fighting personnel.

(B) Revised rules, ``Iowa Administrative Code,'' effective April

20, 1994. This revision approves amendments to rules 22.4; 23.3(2)d (3)

and (4); 23.4(6); and 25.1(9). These rules concern the update of the

state's incorporation of prevention of significant deterioration and

test method requirements.

(ii) Additional material. None.

[FR Doc. 94-31268 Filed 12-20-94; 8:45 am]

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