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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IA 016-1016; FRL-5912-6]

Approval and Promulgation of Implementation Plans and Approval

Under Section 112(l); State of Iowa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is taking final action on a proposed rulemaking

published July 29, 1996 (61 FR 39375). This final action includes

provisions related to open burning, new source review requirements in

nonattainment areas, and test method and definition updates.

DATES: This rule is effective on November 24, 1997.

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 the 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: During the public comment period of the

proposed rulemaking published July 29, 1996 (61 FR 39375), and closing

August 28, 1996, the EPA did not receive any comments. However, a

notice reopening the public comment period was published on September

17, 1996 (61 FR 48873), requested by interested persons who desired

more time to address the construction permit exemption provisions

contained in the original July 29, 1996, proposed rulemaking. During

the reopened public comment period, the EPA received one comment from

the state of Iowa. The nature of this comment was to request an

additional revision to the State Implementation Plan (SIP) concerning

the construction permit exemptions. In correspondence dated September

27, 1996, the Director of the Iowa Department of Natural Resources,

Larry J. Wilson, requested a revision to the SIP that would allow

retroactive application of the construction permit exemptions proposed

for approval in the July 29, 1996, notice.

After careful analysis, the EPA has elected to address approval of

the minor source construction permit exemptions and the request for

retroactive approval in a separate rulemaking at a later date. The EPA

has analyzed this rule to determine that it has no impact on the other

rule revisions that were proposed for approval in the July 29, 1996,

proposal. Therefore, the EPA can take action on the other rule

revisions at this time, and take a separate action on the exemption

rule.

In this final rulemaking, the EPA is approving those portions of

the original proposal that include amendments to the Iowa open burning

rule, a permit by rule provision for spray booths, revisions to Iowa's

major new source permit rule for nonattainment areas, a revised

definition of ``volatile organic compounds,'' and updates to Iowa's

compliance sampling test methods. The EPA's rationale for approval of

these revisions is contained in the July 29, 1996, notice previously

described, and no comments were received on the proposed approval of

these revisions.

Furthermore, the EPA has determined that the permit by rule for

spray booths contained in IAC 567-22.8(1) meets the requirements

regarding limitations on potential to emit (PTE) under section 112(l).

Therefore, insofar as the rule applies to hazardous air pollutants, it

is approved under section 112(l) as well as section 110 of the Act. The

EPA is also approving IAC rule 567-22.3(6) which limits PTE for new

sources under section 112(l).

I. Final Action

The EPA is taking final action on the revisions described in the

July 29, 1996, proposed rulemaking regarding the permit by rule

provision for spray booths, open burning, new source review

requirements in nonattainment areas, and definition and test method

updates.

The permit by rule for spray booths is approved under both section

110 for criteria pollutants as well as under section 112(l) as it

relates to hazardous air pollutants. The EPA is also approving the IAC

rule 567-22.3(6) which limits PTE for new sources under 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

[[Page 55173]]

factors, and in relation to relevant statutory and regulatory

requirements.

II. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget has exempted this regulatory

action from Executive Order 12866 review.

B. Unfunded Mandates

Under section 202 of the Unfunded Mandates Reform Act of 1995

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

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to state, local, or tribal governments in the aggregate, or to

private sector, of $100 million or more. Under section 205, the EPA

must select the most cost effective and least burdensome alternative

that achieves the objectives of the rule and is consistent with

statutory requirements. Section 203 requires the EPA to establish a

plan for informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

The EPA has determined that the approval action promulgated does

not include a Federal mandate that may result in estimated costs of

$100 million or more to either state, local, or tribal governments in

the aggregate, or to the private sector. This Federal action approves

preexisting requirements under state or local law, and imposes no new

requirements. Accordingly, no additional costs to state, local, or

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

C. Regulatory Flexibility Act

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 Administrator 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)).

D. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, the EPA submitted a report

containing this rule and other required information to the U.S. Senate,

the U.S. House of Representatives, and the Comptroller General of the

General Accounting Office prior to publication of this rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

E. Petitions for Judicial Review

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 22, 1997. 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: September 25, 1997.

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)(64) to read as

follows:

Sec. 52.820 Identification of plan.

* * * * *

(c) * * *

(64) In correspondence dated February 16, 1996, February 19, 1996,

and February 27, 1996, the Director of the Iowa Department of Natural

Resources (IDNR) submitted revisions to the State Implementation Plan

concerning open burning, new source review (NSR) requirements for

nonattainment areas, test method and definition updates.

(i) Incorporation by reference.

(A) ``Iowa Administrative Code,'' section 567-22.8(1), effective

July 12, 1995, containing a permit by rule for spray booths.

(B) ``Iowa Administrative Code,'' sections 567-23.2(3); 23.2(4),

effective April 19, 1995, addressing open burning.

(C) ``Iowa Administrative Code,'' sections 567-22.5 (2)-(6), (8)-

(10), effective March 20, 1996. These rules address NSR requirements in

nonattainment areas.

(D) ``Iowa Administrative Code,'' sections 567-20.2; 22.4(1); and

25.1(9), effective July 12, 1995. These rules address test method and

definition updates.

(E) ``Iowa Administrative Code,'' section 567-31.1, effective

February 22, 1995. This rule addresses permit requirements relating to

nonattainment areas.

(ii) Additional material.

(A) Letter dated July 11, 1997, from Pete Hamlin, IDNR, to Wayne

Leidwanger, EPA, requesting approval under 112(l).

[FR Doc. 97-28144 Filed 10-22-97; 8:45 am]

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