Approval and Promulgation of Implementation Plans and Delegation of 112(l); State of Iowa

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IA 003-1003; FRL-5455-4]

Approval and Promulgation of Implementation Plans and Delegation

of 112(l); State of Iowa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: On August 4, 1995, the EPA published a proposed rulemaking to

approve Iowa's voluntary operating permit program to serve as an

alternative for sources otherwise subject to Title V of the Clean Air

Act (the Act). No adverse comments were received on the proposed

rulemaking. The EPA is now taking final action to approve this program.

EFFECTIVE DATE: This rule will become effective on May 30, 1996.

ADDRESSES: Copies of the documents relevant to this action are

available for public inspection during normal business hours at the:

Environmental Protection Agency, Air Planning and Development 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: At 60 FR 39907, dated August 4, 1995, the

EPA published a proposed rulemaking to approve Iowa's voluntary

operating permit program as part of the State Implementation Plan (SIP)

and pursuant to section 112(l) of the Act. This program serves as an

alternative for sources which might otherwise be subject to Title V. In

Section V of the August 4, 1995, Federal Register document proposing

approval of Iowa's program, the EPA cited four regulatory deficiencies

for the state to correct in order for EPA to proceed with final

rulemaking. These four deficiencies concerned the definition of 12-

month rolling period; fugitive emissions; eligibility for a voluntary

permit; and a requirement that permit limitations, controls, and

requirements be enforceable as a practical matter. The state adopted

these changes and submitted them to the EPA under the signature of

Larry Wilson, Director, Iowa Department of Natural Resources, on

February 16, 1996. For further information on these items, the reader

should consult the proposed rulemaking and the technical support

document.

[[Page 18959]]

In a subsequent matter not contemplated in the proposed rulemaking,

the state has made one regulatory change concerning when a source shall

apply for a voluntary operating permit. In the original rule, the date

of March 1, 1995, was specified. However, due to the delay in receiving

approval of the program, the state revised its rule at 22.203(1)a(1) to

read that applications are due 90 days after approval of the state's

Title V program (October 1, 1995).

This change became effective on February 24, 1995, and was

submitted to the EPA under the Director's signature on February 27,

1996. This change is approvable by the EPA because it is

noncontroversial and it precludes sources from the tenuous position of

applying for a program not yet approved (which the original rule did

not anticipate).

EPA Action

The EPA is taking final action to approve revisions submitted on

December 8, 1994; February 16, 1996; and February 27, 1996, for the

state of Iowa. This action makes the state's program a federally

enforceable part of the SIP, and also makes such permits federally

enforceable for hazardous air pollutants by means of EPA's approval

under section 112(l).

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.

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

Clean Air Act (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,

the 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 the 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 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 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, the 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 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.

The 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.

The EPA has determined that these rules result in no additional costs

to tribal government.

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 July 1, 1996. 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,

Hydrocarbons, Incorporation by reference, Intergovernmental relations,

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

recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

Dated: March 25, 1996.

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)(63) to read as

follows:

Sec. 52.820 Identification of plan.

* * * * *

(c) * * *

(63) On December 8, 1994; February 16, 1996; and February 27, 1996,

the Director of the Iowa Department of Natural Resources submitted

revisions to the State Implemenation Plan (SIP) to create a voluntary

operating permit program as an alternative to Title V. These revisions

strengthen maintenance of established air quality standards.

(i) Incorporation by reference.

(A) ``Iowa Administrative Code,'' sections 567-22.200-22.208,

effective December 14, 1994. These rules create the voluntary operating

permit program.

(B) ``Iowa Administrative Code,'' sections 567-22.201(1)``a'' and

22.206(1)``h'', effective January 11, 1995.

(C) ``Iowa Administrative Code,'' section 567-22.203(1)``a''(1),

effective February 24, 1995.

(D) ``Iowa Administrative Code,'' sections 567-20.2; 22.200;

22.201(1)``a'' and ``b''; 22.201(2)``a''; and 22.206(2)``c'', effective

October 18, 1995.

(ii) Additional material.

(A) Letter from Allan E. Stokes, Iowa Department of Natural

Resources, to William A. Spratlin, U.S. EPA, dated February 16, 1995.

This letter outlines various commitments by the state to meet

requirements outlined by the EPA.

[FR Doc. 96-10568 Filed 4-29-96; 8:45 am]

BILLING CODE 6560-50-P