Approval and Promulgation of Implementation Plans and Section 111(d) Plans; State of Iowa, Polk County

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 62

[IA-13-1-6572a; FRL-5210-7]

Approval and Promulgation of Implementation Plans and Section

111(d) Plans; State of Iowa, Polk County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

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

revision submitted by the state of Iowa on behalf of Polk County, and

approves the addition of an emissions limit for sulfuric acid mist from

sulfuric acid manufacturing to Iowa's section 111(d) plan.

The state's revision involves modifications to the Polk County air

pollution control rules. Polk County is an attainment area for all

criteria pollutants. The Polk County air rules were revised to make

them consistent with the state of Iowa's rules contained in the Iowa

Administrative Code (IAC), which have been previously approved by EPA

as meeting the requirements of the Clean Air Act.

DATES: This final rule is effective August 14, 1995 unless by July 13,

1995 adverse or critical comments are received.

ADDRESSES: Copies of the state submittal and the EPA-prepared technical

support document (TSD) 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

and Radiation Docket and Information Center, 401 M Street, S.W.,

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 pursuant

to the requirements of the Clean Air Act (CAA). During the past two

decades, numerous revisions and updates have been made to the SIP in

response to new Federal requirements.

The state of Iowa's section 111(d) plan for the control of sulfuric

acid mist emissions from existing sulfuric acid production plants and

for the control of fluoride emissions from existing phosphate

fertilizer plants was approved by EPA in a Federal Register notice,

under the Code of Federal Regulations Part 62 (50 FR 52920), published

December 27, 1985.

REVIEW OF STATE SUBMITTAL: On May 5, 1994, the state of Iowa submitted

to EPA Polk County Ordinance No. 132, which [[Page 31091]] modifies the

Polk County Board of Health regulation Chapter 5, Air Pollution. Polk

County Ordinance No. 132, which was adopted by the Polk County Board of

Supervisors on October 26, 1993, and became effective December 2, 1993,

made a number of revisions to the Polk County air pollution control

regulations. The state has provided evidence of control regulations.

The state has provided evidence of the lawful adoption of regulations,

public notice, and public hearing requirements.

The state has requested that these revisions be approved as a

modification of the SIP, with the exception of the following articles

and sections: Chapter V, Article VI, Section 5-16 (n) and (p) (Specific

Emissions Standards); Chapter V, Article VIII (Emission of Odors;

Slaughterhouses; Reduction of Animal Matter); and Chapter V, Article

XIII (Variances). The revisions include air pollution control

definitions that parallel those in the IAC and in various Federal

requirements for state programs; for example, definitions relating to

new source permitting.

Other revisions that were made in the Polk County air pollution

control regulations include the following items.

1. Visible Emission Measurement. In Chapter V, Articles III and IV,

Sections 5-6, 5-8, and 5-9, references to the Ringelmann Chart as a

measure of visible emissions were deleted, leaving opacity as the

standard by which visible emissions are measured. The opacity standard

by which visible emissions are measured has not been modified from that

in the approved SIP. The deletion of the Ringelmann Chart as a measure

of visible emissions makes the requirements consistent with the EPA-

approved, state rules, in chapter 23, sections 3(d) and 4(12).

2. Stack Testing. In Chapter V, Article VII, Section 5-18, the

conditions that must be satisfied when stack emission tests are

required were revised to include earlier notification of stack testing

by equipment owners. The revisions make the requirements consistent

with the state rule in chapter 25, section 1(7).

3. Fuel-Burning Permit Exemptions. In Chapter V, Article X,

Sections 5-33 and 5-39, the capacity of fuel-burning equipment that is

exempt from needing a permit was reduced from equipment with a capacity

of less than 50 million Btu per hour input (in the previously approved

SIP) to equipment with a capacity of less than 10 million Btu per hour

input.

Additionally, the exemption from needing a permit for fuel-burning

equipment for indirect heating with a capacity less than one million

Btu per hour input when burning No. 1 or No. 2 fuel, exclusively, was

deleted. These revisions expand the coverage of emission-control

requirements for fuel-burning sources. In addition, the revisions make

these local requirements consistent with the state rule in chapter 22,

section 1(2).

4. Sulfuric Acid Emissions Limits. Polk County Ordinance No. 132

also sets emissions limits for sulfuric acid mist from sulfuric acid

manufacturing. The sulfuric acid mist emissions limit, as set in the

ordinance, is 0.5 pounds of sulfuric acid mist per ton of acid

produced. This is identical to the limit contained in EPA's ``Final

Guideline Document: Control of Sulfuric Acid Mist Emissions from

Existing Sulfuric Acid Production Units'' (EPA-450/2-77-019).

For additional information on revisions made in the Polk County air

pollution control regulations, the reader may refer to EPA's TSD

prepared for this Iowa SIP revision.

EPA Action: EPA is taking final action to approve the revisions to

the SIP and 111(d) plan submitted on May 5, 1994, for the state of

Iowa, Polk County. As discussed previously, this does not include the

rules contained in Chapter V, Article VI, Section 5-16(n) and (p);

Chapter V, Article VIII; and Chapter V, Article XIII.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP or 111(d) plan. Each request for a revision to the

SIP or 111(d) plan 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, and 111(d) plan approvals under section 111 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

and 111(d) plan approval do not impose any new requirements, EPA

certifies that they do 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 August 14, 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 revisions

and 111(d) plan 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 Parts 52 and 62

Environmental protection, Air pollution control, Incorporation by

reference, Intergovernmental relations, Particulate matter, Reporting

and recordkeeping requirements, Sulfur oxides, Volatile organic

compounds.

[[Page 31092]] Dated: May 2, 1995.

Dennis Grams,

Regional Administrator.

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)(60) to read as

follows:

Sec. 52.820 Identification of plan.

* * * * *

(c) * * *

(60) 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, ``Polk County Ordinance No. 132--Polk County

Board of Health Rules and Regulations,'' effective December 2, 1993.

This revision approves all articles in Chapter V, except for Article

VI, Section 5-16(n) and (p), Article VIII, and Article XIII.

(ii) Additional material.

(A) None.

PART 62--[AMENDED]

1. The authority citation for part 62 continues to read as follows:

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

Subpart Q--Iowa

2. Section 62.3850 is amended by adding paragraph (b)(3) to read as

follows:

Sec. 62.3850 Identification of plan.

* * * * *

(b) * * *

(3) Control of sulfur dioxide and sulfuric acid mist from sulfuric

acid manufacturing plants in Polk County were adopted on October 26,

1993, and submitted on March 23, 1994.

* * * * *

[FR Doc. 95-14389 Filed 6-12-95; 8:45 am]

BILLING CODE 6560-50-P