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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IA 069-1069a; FRL-6340-3]

Approval and Promulgation of Implementation Plans and Approval

Under Section 112(l); State of Iowa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking final action to approve two State Implementation

Plan (SIP) revisions submitted by the state of Iowa. These revisions

will strengthen the SIP with respect to attainment and maintenance of

established air quality standards and with respect to hazardous air

pollutants (HAP). The effect of this action is to ensure Federal

enforceability of the state's air program rule revisions.

DATES: This direct final rule is effective on July 12, 1999 without

further notice, unless EPA receives adverse comment by June 14, 1999.

If adverse comment is received, EPA will publish a timely withdrawal of

the direct final rule in the Federal Register and inform the public

that the rule will not take effect.

ADDRESSES: Comments may be addressed to Wayne A. Kaiser, Environmental

Protection Agency, Air Planning and Development Branch, 726 Minnesota

Avenue, Kansas City, Kansas 66101.

Copies of the state submittal are available at the following

addresses for inspection during normal business hours: Environmental

Protection Agency, Air Planning and Development Branch, 726 Minnesota

Avenue, Kansas City, Kansas 66101; and the Environmental Protection

Agency, Air and Radiation Docket and Information Center, Air Docket

(6102), 401 M Street, SW, Washington, D.C. 20460.

FOR FURTHER INFORMATION CONTACT: Wayne Kaiser at (913) 551-7603.

SUPPLEMENTARY INFORMATION: This section provides additional information

by addressing the following questions:

What is a SIP?

What is the Federal approval process for a SIP?

What does Federal approval of a state regulation mean to me?

What is approval under section 112(l)?

What is being addressed in this notice?

What action is EPA taking?

What is a SIP?

Section 110 of the Clean Air Act (CAA) requires states to develop

air pollution regulations and control strategies to ensure that state

air quality meets the national ambient air quality standards

established by EPA. These ambient standards are established under

section 109 of the CAA, and they currently address six criteria

pollutants. These pollutants are: carbon monoxide, nitrogen dioxide,

ozone, lead, particulate matter, and sulfur dioxide.

Each state must submit these regulations and control strategies to

EPA for approval and incorporation into the Federally enforceable SIP.

Each Federally approved SIP protects air quality primarily by

addressing air pollution at its point of origin. These SIPs can be

extensive, containing state regulations or other enforceable documents

and supporting information such as emission inventories, monitoring

networks, and modeling demonstrations.

What Is the Federal Approval Process for a SIP?

In order for state regulations to be incorporated into the

Federally enforceable SIP, states must formally adopt the regulations

and control strategies consistent with state and Federal requirements.

This process generally includes a public notice, public hearing, public

comment period, and a formal adoption by a state-authorized rulemaking

body.

Once a state rule, regulation, or control strategy is adopted, the

state submits it to EPA for inclusion into the SIP. EPA must provide

public notice and seek additional public comment regarding the proposed

Federal action on the state submission. If adverse comments are

received, they must be addressed prior to any final Federal action by

EPA.

All state regulations and supporting information approved by EPA

under section 110 of the CAA are incorporated into the Federally

approved SIP. Records of such SIP actions are maintained in the Code of

Federal Regulations (CFR) at Title 40, Part 52, entitled ``Approval and

Promulgations of Implementation Plans.'' The actual state regulations

which are approved are not reproduced in their entirety in the CFR

outright but are ``incorporated by reference,'' which means that EPA

has approved a given state regulation with a specific effective date.

What Does Federal Approval of a State Regulation Mean to Me?

Enforcement of the state regulation before and after it is

incorporated into the Federally approved SIP is primarily a state

responsibility. However, after the regulation is Federally approved,

EPA is authorized to take enforcement action against violators.

Citizens are also offered legal recourse to address violations as

described in the CAA.

What Is Approval Under Section 112(l)?

Section 112(l) of the CAA provides authority for EPA to implement a

program to regulate HAPs, and to subsequently delegate authority for

this program to the states. EPA has delegated authority for this

program to Iowa and has approved relevant state HAP rules under this

authority. In this action, EPA is approving revisions to the section

112(l) approved state rules.

What Is Being addressed in This Notice?

The Iowa Department of Natural Resources (IDNR) revised a number of

its rules in order to maintain equivalency with Federal requirements

and to adopt hospital/medical/ infectious waste incinerator

regulations. The revisions include an update to the definitions rule,

to the permitting rules, and to the testing and monitoring rule. The

state also adopted by reference the revised Federal National Ambient

Air Quality Standards promulgated on July 15, 1997.

The revised rule chapters are: Chapter 20, ``Scope of Title-

Definitions-Forms-Rules of Practice''; Chapter 22, ``Controlling

Pollution''; Chapter 23,

[[Page 25826]]

``Emissions Standards for Contaminants''; Chapter 25, ``Measurement of

Emissions''; and Chapter 28, ``Ambient Air Quality Standards,'' 567

Iowa Administrative Code. Specific Chapter paragraphs and subparagraphs

which were revised are: 20.2, 22.1(1), 22.1(2), 22.1(3), 22.203(1),

22.203(2), 22.300(8), 23.1(1), 25.1(10), and 28.1. All of these rules

are being approved under the authority of section 110, and the

underlined rules are also being approved under the authority of section

112(l).

These revisions to the Iowa SIP were submitted by Larry Wilson,

IDNR Director, on December 11, 1998, and January 29, 1999. The state

effective date for these revisions are October 14, 1998, except for

rules 22.1(2) and 25.1(10), which were effective December 23, 1998.

Have the Requirements for Approval of a SIP Revision Been Met?

The state submittals have met the public notice requirements for

SIP submissions in accordance with 40 CFR 51.102. The submittals also

satisfied the completeness criteria of 40 CFR part 51, appendix V. In

addition, as explained above and in more detail in the technical

support documents which are part of this notice, the revisions meet the

substantive SIP requirements of the CAA, including section 110 and

implementing regulations.

What Action Is EPA Taking?

EPA is processing this action as a direct final action because this

amendment to the Iowa SIP makes routine revisions to the existing rules

which are noncontroversial. Therefore, we do not anticipate any adverse

comments.

Conclusion

Final Action

EPA is taking final action to approve, as an amendment to the Iowa

SIP, rule revisions submitted by the state of Iowa as discussed above.

These rules are being approved under the authority of section 110, and,

for certain rules, the authority of section 112(l).

EPA is publishing this rule without prior proposal because the

Agency views this as a noncontroversial submittal and anticipates no

adverse comments. However, in the proposed rules section of this

Federal Register publication, EPA is publishing a separate document

that will serve as the proposal to approve the SIP revision should

adverse comments be filed. This rule will be effective July 12, 1999

without further notice unless the Agency receives adverse comments by

June 14, 1999.

If EPA receives such comments, then EPA will publish a document

withdrawing the final rule and informing the public that the rule will

not take effect. All public comments received will then be addressed in

a subsequent final rule based on the proposed rule. EPA will not

institute a second comment period. Parties interested in commenting

should do so at this time. If no such comments are received, the public

is advised that this rule will be effective on July 12, 1999, and no

further action will be taken on the proposed rule.

Administrative Requirements

A. Executive Order (E.O.) 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from E.O. 12866, entitled ``Regulatory Planning and

Review.''

B. E.O. 12875

Under E.O. 12875, EPA may not issue a regulation that is not

required by statute and that creates a mandate upon a state, local, or

tribal government, unless the Federal Government provides the funds

necessary to pay the direct compliance costs incurred by those

governments, or EPA consults with those governments. If EPA complies by

consulting, E.O. 12875 requires EPA to provide to the OMB a description

of the extent of EPA's prior consultation with representatives of

affected state, local, and tribal governments; a summary of the nature

of their concerns; copies of any written communications from the

governments; and a statement supporting the need to issue the

regulation. In addition, E.O. 12875 requires EPA to develop an

effective process permitting elected officials and other

representatives of state, local, and tribal governments ``to provide

meaningful and timely input in the development of regulatory proposals

containing significant unfunded mandates.''

Today's rule does not create a mandate on state, local, or tribal

governments. The rule does not impose any enforceable duties on these

entities. Accordingly, the requirements of section 1(a) of E.O. 12875

do not apply to this rule.

C. E.O. 13045

Protection of Children from Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997) applies to any rule that: (1) is

determined to be ``economically significant'' as defined under E.O.

12866, and (2) concerns an environmental health or safety risk that EPA

has reason to believe may have a disproportionate effect on children.

If the regulatory action meets both criteria, the Agency must evaluate

the environmental health or safety effects of the planned rule on

children, and explain why the planned regulation is preferable to other

potentially effective and reasonably feasible alternatives considered

by the Agency.

This rule is not subject to E.O. 13045 because it is not an

economically significant regulatory action as defined by E.O. 12866,

and it does not address an environmental health or safety risk that

would have a disproportionate effect on children.

D. E.O. 13084

Under E.O. 13084, EPA may not issue a regulation that is not

required by statute, that significantly or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by the tribal governments, or EPA consults with those

governments. If EPA complies by consulting, E.O. 13084 requires EPA to

provide to the OMB, in a separately identified section of the preamble

to the rule, a description of the extent of EPA's prior consultation

with representatives of affected tribal governments, a summary of the

nature of their concerns, and a statement supporting the need to issue

the regulation. In addition, E.O. 13084 requires EPA to develop an

effective process permitting elected officials and other

representatives of Indian tribal governments ``to provide meaningful

and timely input in the development of regulatory policies on matters

that significantly or uniquely affect their communities.''

Today's rule does not significantly or uniquely affect the

communities of Indian tribal governments. This action does not involve

or impose any requirements that affect Indian tribes. Accordingly, the

requirements of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility Act (RFA)

The RFA generally requires an agency to conduct a regulatory

flexibility analysis of any rule subject to notice and comment

rulemaking requirements, unless the agency certifies that the rule will

not have a significant economic impact on a substantial number of small

entities. Small entities include small businesses, small not-for-profit

[[Page 25827]]

enterprises, and small governmental jurisdictions. This final rule will

not have a significant impact on a substantial number of small entities

because 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 create any new requirements, I certify that this

action will not have a significant economic impact on a substantial

number of small entities. Moreover, due to the nature of the Federal-

state relationship under the CAA, preparation of 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. EPA, 427 U.S. 246, 255-66

(1976); 42 U.S.C. 7410(a)(2).

F. Unfunded Mandates

Under section 202 of the Unfunded Mandates Reform Act of 1995

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

prepare a budgetary impact statement to accompany any proposed or final

rule that includes a Federal mandate that may result in estimated

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

or to private sector, of $100 million or more. Under section 205, 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 EPA to establish a plan

for informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

EPA has determined that the approval action promulgated does not

include a Federal mandate that may result in estimated annual 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.

G. Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect the agency promulgating the

rule must submit a rule report, which includes a copy of the rule, to

each House of the Congress and to the Comptroller General of the United

States. EPA will submit a report containing this rule and other

required information to the United States Senate, the United States

House of Representatives, and the United States Comptroller General

prior to publication of the rule in the Federal Register. This rule is

not a ``major rule'' as defined by 5 U.S.C. 804(2).

H. 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 July 12, 1999. 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,

Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate

matter, Reporting and recordkeeping requirements, Sulfur oxides,

Volatile organic compounds.

Dated: April 28, 1999

William Rice,

Regional Administrator, Region VII.

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 et seq.

Subpart Q--Iowa

2. In section 52.820 the following entries for paragraph (c), EPA-

approved regulations, are revised to read as follows:

Sec. 52.820 Identification of plan.

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(c) EPA-approved regulations.

EPA-Approved Iowa Regulations

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State

Iowa citation Title effective EPA approval date Comments

date

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Iowa Department of Natural Resources

Environmental Protection Commission [567]

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Chapter 20

Scope of Title-Definitions-Forms-Rule of Practice

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567-20.2............. Definitions....... 10/14/98 5/13/99 64 FR 25827.................

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Chapter 22

Controlling Pollution

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567-22.1............. Permits Required 12/23/98 5/13/99 64 FR 25827................. Subrule 22.1(3)

for New or ``b''(9) has not

Existing been approved.

Stationary

Sources.

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*

567-22.203........... Voluntary 10/14/98 5/13/99 64 FR 25827.................

Operating Permit

Applications.

[[Page 25828]]

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567-22.300........... Operating Permit 10/14/98 5/13/99 64 FR 25828.................

by Rule for Small

Sources.

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Chapter 23

Emission Standards for Contaminants

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567-23.1............. Emission Standards 10/14/98 5/13/99 64 FR 25828................. Sections 23.1(2)-

(5) are not

approved in the

SIP.

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Chapter 25

Measurement of Emissions

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567-25.1............. Testing and 12/23/98 5/13/99 64 FR 25828................. Subrule 25.1(12)

Sampling of New has not been

and Existing approved.

Equipment.

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Chapter 28

Ambient Air Quality Standards

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567-28.1............. Statewide 10/14/98 5/13/99 64 FR 25828.................

Standards.

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[FR Doc. 99-11823 Filed 5-12-99; 8:45 am]

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