Approval and Promulgation of Implementation Plans; State of Iowa

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IA-15-1-6829a; FRL-5210-5]

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)

revision submitted by the state of Iowa. The revision includes special

requirements for nonattainment areas, compliance and enforcement

information, and adoption of EPA definitions. These revisions

strengthen the SIP with respect to attainment and maintenance of

established air quality standards.

DATES: This action will be effective August 22, 1995 unless by July 24,

1995 adverse or critical comments are received.

ADDRESSES: Comments may be mailed to Christopher D. Hess, Environmental

Protection Agency, Air Branch, 726 Minnesota Avenue, Kansas City,

Kansas 66101. 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: The state of Iowa operates a Federally

approved SIP that implements various requirements of the Clean Air Act

(Act) and the Code of Federal Regulations (CFR). Since the initial

approval of its SIP in 1972, numerous revisions and updates have been

made in response to Federal requirements.

In accordance with 40 CFR 51.103, the state of Iowa has requested

approval of two SIP revisions under the authority and signature of the

Governor's designee, Larry J. Wilson, Director, Iowa Department of

Natural Resources (IDNR). Requests were received by the EPA on October

18, 1994, and January 26, 1995. Both of these submittals were 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 for each

submittal.

Rule Revisions

A. Special Requirements for Nonattainment Areas

The state of Iowa currently has one nonattainment area, in

Muscatine for SO2. In response to the requirements of the Act, as

amended in 1990, the state has adopted the following rules.

1. In IAC 567-22.5 (1), the state amends its definition of ``major

stationary source'' to conform to the requirements of Part D of the

Act. The Act provides, in general, that a source which emits, or has

the potential to emit, 100 tons per year or more of a regulated

pollutant is a major source. Part D provides lower cutoff levels for

some nonattainment areas, depending on the classification of the area.

Specifically, in response to the following cited sections of the

Act, the state has added the major source emissions thresholds for the

following pollutants: Ozone precursors (section 182), ozone precursors

in ozone transport regions (section 184), carbon monoxide (section

186), and PM10 (section 188).

2. In subrule 22.5(1)''f''(2), the state also amends the definition

of ``net emissions increase'' as it relates to major sources for

nonattainment areas. Previously, a net emissions increase was

considered contemporaneous with the particular change if it occurred

between January 1, 1978, and the date that the increase from the

particular change occurred. The state now uses a date five years before

construction of the particular change rather than the fixed date of

January 1, 1978.

This revision, although not required as a result of the 1990

Amendments to the Act, is consistent with the EPA's requirements at 40

CFR 51.165(a)(1)(vi) relating to calculation of net emissions increases

for permitting applicability purposes.

3. In subrule 22.5(1)''m,'' the state has expanded its definition

of ``enforceable permit condition'' to include requirements of Title V

operating permits. This recognizes that limitations in those operating

permits will qualify as federally enforceable restrictions which can be

utilized in determining source applicability in the state's permitting

programs.

4. In subrule 22.5(2), the state updates its emission offset

applicability provisions to conform with the requirements of the 1990

Amendments. In particular:

a. The reference to 40 CFR 81.316 is updated to include amendments

through March 10, 1994, pertaining to particulate matter nonattainment

areas.

b. In this same subrule, the state deletes the provision that

previously allowed the director to relieve an applicant from the

obligation of continuing to implement offset requirements of a

nonattainment construction permit if an area is subsequently

redesignated attainment or unclassified. This measure is necessary to

help ensure maintenance of the air quality standards after an area is

redesignated to attainment.

c. The state deletes the reference to secondary standard

particulate matter nonattainment areas. This reflects the fact that the

current particulate matter standards are the same for the primary and

secondary standards.

d. The state adds a requirement for offsets in sulfur dioxide

(SO2) nonattainment areas in subrule 22.5(2)b. As discussed in

more detail below, EPA has determined that this addition strengthens

the SIP and is therefore approvable.

e. The state also deletes subrule 22.5(2)c which previously

provided a ``loophole'' for sources in secondary particulate matter

nonattainment areas to claim that offsets were not reasonably

available. This action strengthens the SIP by requiring sources to

achieve offsets that conform with the Act.

f. Due to the new 22.5(2)b and deletion of 22.5(2)c, the former

22.5(2) d, e, and f become 22.5(2) c, d, and e.

5. Rule 22.5(3) previously allowed a source in a secondary

particulate matter nonattainment area to submit proposals for emission

offsets or a demonstration that offsets were not reasonably

[[Page 32602]] available with a permit application. In conjunction with

the deletion of 22.5(2)c, the state now deletes the ability to submit a

demonstration that offsets are not reasonably available. This

strengthens the SIP by requiring, without exception, offsets in

nonattainment areas. It also reflects the state's other revisions

eliminating the distinction between primary and secondary particulate

nonattainment areas.

6. Subrule 22.5(4)``b'' previously required an offset ratio of at

least 1.25:1 for particulate emissions. The revision requires a ratio

of greater than 1:1 for all nonattainment areas. Although the reduced

ratio would represent a relaxation of the offset requirements for

particulate matter nonattainment areas, there are currently no such

areas in Iowa. In any newly designated PM10 nonattainment areas,

the revised ratio would be consistent with the requirements of the Act.

7. In accordance with section 173 of the Act, the state adds a new

rule that requires new or modified major sources to comply with the

lowest achievable emission rate in nonattainment areas.

8. In 22.5(7), the state updates its rule to reflect appropriate

revisions. With respect to compliance of existing sources, this subrule

referenced a rescinded subrule. By inserting the reference ``rule

22.5,'' the state now clearly identifies that a new major source or

major modification subject to the emission offset subrule shall be in

compliance with applicable emission standards or an approved compliance

schedule.

B. Compliance and Enforcement Information

In 58 FR 54677, dated October 22, 1993, the EPA announced that SIP

calls pursuant to section 110(k)(5) of the Act would be issued in order

to implement the monitoring requirements of section 114(a)(3) including

the periodic monitoring requirements for operating permits pursuant to

sections 502(b)(2) and 504. This SIP call is required, because existing

SIPs are inadequate in that they may be interpreted to limit the types

of testing or monitoring data that may be used for determining

compliance and establishing violations.

On May 11, 1994, the EPA notified the Governor of Iowa that an SIP

revision is necessary to meet the aforementioned requirements of the

Act. In IAC 567-21.5, the state has added rules that fulfill this

requirement.

1. In IAC 567-21.5, a new rule has been added providing that any

credible evidence may be used for the purpose of establishing whether a

violation has occurred at the source.

2. Subrule 21.5(1) specifies that information from the use of

monitoring methods approved in the source's Title V operating permit,

compliance test methods specified in IAC 567-25, and testing or

monitoring methods approved in the source's construction permit is

presumptively credible evidence of whether a violation has occurred at

a source.

3. Subrule 21.5(2) identifies presumptively credible monitoring or

testing methods.

4. The state also amends subrule 22.105(2)``i'' by adding a new

subparagraph, (5). For purposes of submitting compliance

certifications, this subrule specifies that an owner or operator is not

prohibited from using monitoring as required by any specified

compliance methods or as required by subrules 22.108(3)-(5) and

incorporated into a Title V operating permit. The practical effect of

this addition is that the SIP is now strengthened by providing for more

extensive means of determining compliance and gathering enforcement

information.

C. Miscellaneous Revisions

1. In IAC 567-20.2 the state adds the definition of ``volatile

organic compound'' as found in 40 CFR 51.100(s) as amended through

November 30, 1993.

2. With respect to emissions testing, the state adds two approved

EPA definitions: ``EPA conditional method'' and ``EPA reference

method.'' A conditional method describes any method of sampling that

has been validated by the Administrator, but has not yet been published

as a reference method. A reference method, in contrast, describes any

method of sampling or analyzing published in the CFR. EPA Action:

EPA is taking final action to approve revisions submitted on

October 18, 1994, and January 26, 1995, for the state of Iowa.

Insofar as the state's request involves new source review (NSR) in

nonattainment areas, EPA is approving the revision because its overall

effect is to strengthen the SIP. EPA recognizes that this revision does

not address all of the requirements for NSR under the 1990 Amendments

to the Act. As an example, the revision does not include a requirement,

as a precondition to permit issuance, an analysis of alternatives to

construction of a proposed source or modification which shows that the

benefits of construction outweigh the environmental and social costs

(section 173(a)(5)).

The state is required to submit a revision by October 10, 1995, for

the SO2 nonattainment area in Muscatine, Iowa. In addition to

other requirements of Part D of the Act, the revision must meet all the

requirements of section 173 relating to NSR. EPA anticipates that Iowa

will submit a revision by the statutory deadline addressing the other

NSR requirements. Because the Part D revision for Muscatine is not yet

due, and Iowa currently has no additional nonattainment areas, EPA is

approving the rule which the state submitted. However, if the state

does not submit a complete and timely SIP, including a Part D NSR rule,

or if EPA determines that Iowa's submission is not approvable, EPA will

take appropriate action (either finding a failure to submit an SIP or

disapproving the SIP).

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 Subpart 1, 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 [[Page 32603]] Court

of Appeals for the appropriate circuit by August 22, 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 document 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: May 2, 1995.

Dennis Grams,

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)(61) to read as

follows:

Sec. 52.820 Identification of plan.

* * * * *

(c) * * *

(61) On October 18, 1994, and January 26, 1995, the Director of the

Iowa Department of Natural Resources submitted revisions to the State

Implementation Plan (SIP) to include special requirements for

nonattainment areas, provisions for use of compliance and enforcement

information, and adoption of EPA definitions. These revisions fulfill

Federal regulations which strengthen maintenance of established air

quality standards.

(i) Incorporation by reference.

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

16, 1994. This revision approves revised rules 567-20.2, 567-22.5(1)a,

567-22.5(1)f(2), 567-22.5(1)m, 567-22.5(2), 567-22.5(3), 567-22.5(4)b,

567-22.5(6), 567-22.5(7), 567-22.105(2), and new rule 567-21.5. These

rules provide for enhanced monitoring, special requirements for

nonattainment areas, and adopts EPA's definition of volatile organic

compound.

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

22, 1995. This revision approves new definitions to rule 567-20.2. This

revision adopts EPA's definitions of ``EPA conditional method'' and

``EPA reference method.''

(ii) Additional material.

(A) None.

[FR Doc. 95-15236 Filed 6-22-95; 8:45 am]

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