Approval and Promulgation of Implementation Plans; State of Iowa

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IA-18-1-6984a; FRL-5303-9]

Approval and Promulgation of Implementation Plans; State of Iowa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: By this action the EPA gives full approval to the State

Implementation Plan (SIP) submitted by the state of Iowa for the

purpose of fulfilling the requirements set forth in the EPA's General

Conformity rule. The SIP was submitted by the state to satisfy the

Federal requirements in 40 CFR 51.852 and 93.151.

DATES: This action will be effective December 26, 1995 unless by

November 24, 1995 adverse or critical comments are received. If the

effective date is delayed, timely notice will be published in the

Federal Register.

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: Lisa V. Haugen at (913) 551-7877.

SUPPLEMENTARY INFORMATION: Section 176(c) of the Clean Air Act, as

amended (the Act), requires the EPA to promulgate criteria and

procedures for demonstrating and ensuring conformity of Federal actions

to an applicable implementation plan developed pursuant to section 110

and part D of the Act. Conformity to an SIP is defined in the Act as

meaning conformity to an SIP's purpose of eliminating or reducing the

severity and number of violations of the National Ambient Air Quality

Standards (NAAQS), and achieving expeditious attainment of such

standards. The Federal agency responsible for the action is required to

determine if its actions conform to the applicable SIP. On November 30,

1993, the EPA promulgated the final rule (hereafter referred to as the

General Conformity rule), which establishes the criteria and procedures

governing the determination of conformity for all Federal actions,

except Federal highway and transit actions.

The General Conformity rule also establishes the criteria for EPA

approval of SIPs. See 40 CFR 51.852 and 93.151. These criteria provide

that the state provisions must be at least as stringent as the

requirements specified in EPA's General Conformity rule, and that they

can be more stringent only if they apply equally to Federal and

nonfederal entities (Section 51.851(b)).

On March 10, 1994, the EPA promulgated a nonattainment designation

for part of Muscatine County, Iowa, in response to violations of the

SO2 NAAQS. Section 51.851 and section 93.151 of the General

[[Page 54598]]

Conformity rule require that states submit an SIP revision containing

the criteria and procedures for assessing the conformity of Federal

actions to the applicable SIP, within 12 months after November 30,

1993, or within 12 months of an area's designation to nonattainment,

whichever is later. As a result of EPA's promulgation of the

nonattainment designation, an SIP revision addressing the requirements

of the General Conformity rule became due on April 11, 1995.

On January 26, 1995, the state of Iowa submitted an SIP revision

meeting the requirements of Secs. 51.851 and 93.151 of the General

Conformity rule. The submission adopts by reference 40 CFR part 93,

subpart B, except 40 CFR 93.151. The omitted section contains the

criteria for EPA approval of General Conformity SIP revisions, and also

states the effect of EPA approval of an SIP revision. It is not a

necessary component of the state's substantive rules governing general

conformity determinations.

The Iowa rule also modifies 40 CFR 93.160(f) and 40 CFR 93.160(g)

to adapt the language in the Federal regulations to the state rule. It

deletes the language in Sec. 93.160(f) stating that the

``implementation plan revision required in Sec. 93.151 shall provide

that,'' and retains the substantive requirement in paragraph (f). It

also revises paragraph (g) to refer to adoption and approval of the

Iowa SIP revision, in place of the reference in EPA's rule to SIP

revisions generally.

A public hearing was held on November 14, 1994. The rule was filed

on December 30, 1994, and became effective on January 18, 1995.

Because the Iowa rule adopts the substantive requirements of EPA's

rule by reference, it meets the criteria in Secs. 51.851 and 93.151 for

approval of General Conformity SIP revisions.

EPA Action

By this action EPA grants full approval of Iowa's January 26, 1995,

submittal. This SIP revision meets all of the requirements set forth in

40 CFR 51.851 and 93.151.

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 final 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.

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)).

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995, memorandum from Mary Nichols, Assistant Administrator

for Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from E.O. 12866 review.

Unfunded Mandates

Under sections 202, 203, and 205 of the Unfunded Mandates Reform

Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,

1995, EPA must undertake various actions in association with proposed

or final rules that include a Federal mandate that may result in

estimated costs of $100 million or more to the private sector, or to

state, local, or tribal governments in the aggregate.

Through submission of this SIP, the state has elected to adopt the

program provided for under section 110 of the the CAA. These rules may

bind state and local governments to perform certain actions, and also

require the private sector to perform certain duties. To the extent

that the rules being finalized for approval by this action will impose

new requirements, sources are already subject to these regulations

under state law. Accordingly, no additional costs to state or local

governments, or to the private sector, result from this final action.

EPA has also determined that this final action does not include a

mandate that may result in estimated costs of $100 million or more to

state or local governments in the aggregate or to the private sector.

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 December 26, 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).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by

reference, Intergovernmental relations, Reporting and recordkeeping

requirements, Sulfur oxides.

Dated: September 6, 1995.

William Rice,

Acting 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)(62) to read as

follows:

[[Page 54599]]

Sec. 52.820 Identification of plan.

* * * * *

(c) * * *

(62) Revised chapter 31, rule 567-31.2, submitted on January 26,

1995, incorporates by reference EPA's regulations relating to

determining conformity of general Federal actions to State or Federal

Implementation Plans.

(i) Incorporation by reference.

(A) Amendment to chapter 31, ``Nonattainment Areas'' Iowa

Administrative Code, rule 567-31.2. Effective February 22, 1995.

[FR Doc. 95-26461 Filed 10-24-95; 8:45 am]

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