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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[084-1084; FRL-6483-4]

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: EPA is taking final action to approve 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. The effect of this action is to ensure Federal

enforceability of the state's air program rule revisions.

EFFECTIVE DATE: This rule will be effective January 3, 2000.

ADDRESSES: Copies of the state submittal(s) are available at the

following addresses for inspection during normal business hours:

Environmental Protection Agency, Air Planning and Development Branch,

901 North 5th Street, 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, Air Planning and

Development Branch, 901 North 5th Street, Kansas City, Kansas 66101 at

(913) 551-7603.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we, us,

or our'' is used, we mean EPA.

What Is the Background Information?

On May 13, 1999, we published proposed and direct final Federal

Register notices (64 FR 25855 and 64 FR 25825) which took action to

approve as a revision to the Iowa SIP a set of rule revisions submitted

by the state of Iowa on December 11, 1998, and January 29, 1999.

Because adverse comments were received during the public comment

period, we published a withdrawal notice in the Federal Register on

July 2, 1999 (64 FR 35941). Today's document takes final action on the

state's submissions and addresses the public comments.

What Comments Were Received?

We received four comment letters. All commenters objected to our

approving the revision in the SIP to Iowa rule Chapter 28, ``Ambient

Air Quality Standards,'' Rule 28.1. In this rule, the state had adopted

by reference the national ambient air quality standards (NAAQS)

promulgated by us on July 18, 1997, which revised the particulate

matter and ozone NAAQS.

The commenters stated that Rule 28.1 should not be approved by us

in light of the recent decision of the United States Court of Appeals

for the District of Columbia Circuit in the case of American Trucking

Associations, Inc. v. United States Environmental Protection Agency.

The commenters stated that since the Court vacated the revised PM10

standard and remanded other standards to EPA, it would be inappropriate

for EPA to approve Iowa's adoption of these standards. Some commenters

also questioned Iowa's authority to adopt the NAAQS rules in light of

the Court's decision.

What Action Did the State Take in Response to the Comments?

The Iowa Department of Natural Resources subsequently submitted a

letter, dated July 15, 1999, which requested that Rule 28.1 be removed

from its earlier request for approval as a SIP revision. Therefore,

Rule 28.1 is no longer part of the submission by Iowa. We did not

receive adverse comments on any of the other revisions discussed in the

May 13 actions.

What Final Action Are We Taking Now?

We are taking final action today to approve the rules discussed in

our May 13, 1999, Federal Register document, except for Rule 28.1. EPA

is eliminating Rule 28.1 from its approval in light of the state's

withdrawal of that rule, which, in effect, means that Rule 28.1 is no

longer before EPA to act upon. This action has no impact on the state's

ability (and obligation) to meet the relevant requirements specified in

section 110 of the Clean Air Act (CAA) with respect to attainment and

maintenance of NAAQS. EPA's rationale for approval of the remainder of

the rules is discussed in detail in the May 13 proposal.

Conclusion

Final action: EPA is taking final action to approve a revision to

the Iowa SIP.

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. On Federalism

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. If the mandate is unfunded, EPA must provide to the Office

of Management and Budget a description of the extent of EPA's prior

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consultation with representatives of affected state, local, and tribal

governments, the nature of their concerns, copies of 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.

On August 4, 1999, President Clinton issued a new E.O. on

federalism, E.O. 13132 (64 FR 43255 (August 10, 1999)), which will take

effect on November 2, 1999. In the interim, the current E.O. 12612 (52

FR 41685 (October 30, 1987)) on federalism still applies. This rule

will not have a substantial direct effect on states, on the

relationship between the national government and the states, or on the

distribution of power and responsibilities among the various levels of

government, as specified in E.O. 12612, because it merely codifies

Federal approval of preexisting requirements. The rule affects only one

state, and does not alter the relationship or the distribution of power

and responsibilities established in the CAA.

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 establish a further health or risk-based standard

because it codifies provisions which implement a previously promulgated

health or safety-based standard.

D. E.O. 13084

Under E.O. 13084, Consultation and Coordination with Indian Tribal

Governments, 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

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. In addition, this final rule merely

codifies Federal approvals of state requirements which have already

occurred. Therefore, 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 the 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 codifies

Federal approvals of 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

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action must be filed in the United States Court of Appeals for the

appropriate circuit by February 1, 2000. 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 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.

Authority: 42 U.S.C. 7401 et seq.

Dated: October 8, 1999

Diane K. Callier,

Acting 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 Sec. 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 Explanation

date 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 12/3/99 ..................................

64 FR 67786

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*

Chapter 22

Controlling Pollution

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*

567-22.1.............. Permits Required for 12/23/98 12/3/99 Subrule 22.1(3)``b''(9) has not

New or Existing 64 FR 67786 been approved.

Stationary Sources.

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*

567-22.203............ Voluntary Operating 10/14/98 12/3/99 ..................................

Permit Applications. 64 FR 67786

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*

567-22.300............ Operating Permit by 10/14/98 12/3/99 ..................................

Rule for Small 64 FR 67786

Sources.

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Chapter 23

Emission Standards for Contaminants

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*

567-23.1.............. Emission Standards... 10/14/98 12/3/99 Sections 23.1(2)-(5) are not

64 FR 67786 approved in the SIP.

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Chapter 25

Measurement of Emissions

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*

567-25.1.............. Testing and Sampling 12/23/98 12/3/99 Subrule 25.1(12) has not been

of New and Existing 64 FR 67786 approved.

Equipment.

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*

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[FR Doc. 99-31290 Filed 12-2-99; 8:45 am]

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