Approval and Promulgation of Implementation Plans; State of Iowa

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IA 068-1068a; FRL-6322-1]

Approval and Promulgation of Implementation Plans; State of Iowa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

Plan (SIP) revision submitted by the state of Iowa. This revision

approves numerous updates of the state's air program rules and ensures

that the state's SIP is current with Federal requirements. 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 June 11, 1999 without

further notice, unless EPA receives adverse comment by May 12, 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 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 being addressed in this notice?

What action is the 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 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,

to update adoption by reference to Federal rules, to provide

clarifications, to remove obsolete rules, and to correct internal

citations. The revised rule chapters are: Chapter 20, ``Scope of

Title--Definitions--Forms--Rules of Practice''; Chapter 22,

``Controlling Pollution''; Chapter 23, ``Emissions Standards for

Contaminants''; Chapter 24, ``Excess Emission''; Chapter 25,

``Measurement of Emissions''; Chapter 29, ``Qualifications in Visual

Determinations of the Opacity of Emissions''; and Chapter 31,

``Nonattainment Areas,'' 567 Iowa Administrative Code. Specific Chapter

paragraphs and subparagraphs which were revised are: 20.1, 20.2,

20.3(4), 20.3(6)--rescinded, 22.1(1), 22.1(2), 22.1(3), 22.1(4), 22.4,

22.4(1), 22.4(3), 22.5(2), 22.5(4), 22.5(6), 22.5(10), 22.8(1),

22.203(1), 22.300(2), 22.300(8), 23.1(6), 23.2(3), 23.3(2), 24.1(2),

25.1(7), 25.1(9), 25.1(10), 25.1(12), 29.1, and 31.2.

The general subject matter of the revisions included, but was not

limited to, updating the definition of ``volatile organic compound,''

updating the reference to EPA Guideline on Air Quality Models

(Revised), updating the reference to the Federal prevention of

significant deterioration program at 40 CFR 52.21, providing additional

restrictions in the open burning rule, and updating the reference to

EPA opacity method at 40 CFR part 60.

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

IDNR Director, on August 12, 1998. The state effective date for these

revisions is May 13, 1998.

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

The state submittal has met the public notice requirements for SIP

submissions in accordance with 40 CFR section 51.102. The submittal

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 document which is part of this document, the revision meets 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 the

revisions make routine revisions to the existing

[[Page 17549]]

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 on August 12, 1998.

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 June 11, 1999

without further notice unless the Agency receives adverse comments by

May 12, 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 June 11, 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 OMB a description of

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

state, local, and tribal governments, 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 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. 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

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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 U.S. Senate, the U.S. House of

Representatives, and the U.S. 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 June 11, 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: March 29, 1999.

Dennis Grams,

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.

* * * * *

(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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567-20.1..................... Scope of Title........... 5/3/98 April 12, 1999 [FR

cite].

567-20.2..................... Definitions.............. 5/3/98 April 12, 1999 [FR

cite].

567-20.3..................... Air Quality Forms 5/3/98 April 12, 1999 [FR

Generally. cite].

* * * * * *

*

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Chapter 22--Controlling Pollution

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567-22.1..................... Permits Required for New 5/3/98 April 12, 1999 [FR

or Existing Stationary cite].

Sources.

* * * * * *

*

567-22.4..................... Special Requirements for 5/3/98 April 12, 1999 [FR

Major Stationary Sources cite].

Located in Areas

Designated Attainment or

Unclassified (PSD).

567-22.5..................... Special Requirements for 5/3/98 April 12, 1999 [FR

Nonattainment Areas. cite].

567-22.8..................... Permit by Rule........... 5/3/98 April 12, 1999 [FR

cite].

* * * * * *

*

567-22.203................... Voluntary Operating 5/3/98 April 12, 1999 [FR

Permit Applications. cite].

* * * * * *

*

567-22.300................... Operating Permit by Rule 5/3/98 April 12, 1999 [FR

for Small Sources. cite].

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Chapter 23--Emission Standards for Contaminants

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567-23.1..................... Emission Standards....... 5/3/98 April 12, 1999 [FR Sections 23.1(2)-

cite]. (5) are not

approved in the

SIP

567-23.2..................... Open Burning............. 5/3/98 April 12, 1999 [FR

cite].

567-23.3..................... Specific Contaminants.... 5/3/98 April 12, 1999 [FR Section 23.3(3)(d)

cite]. is not part of the

approved SIP.

[[Page 17551]]

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*

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Chapter 24--Excess Emissions

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567-24.1..................... Excess Emission Reporting 5/3/98 April 12, 1999 [FR

cite].

* * * * * *

*

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Chapter 25--Measurement of Emissions

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567-25.1..................... Testing and Sampling of 5/3/98 April 12, 1999 [FR

New and Existing cite].

Equipment.

* * * * * *

*

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Chapter 29--Qualification in Visual Determination of the Opacity of Emissions

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567-29.1..................... Methodology and Qualified 5/3/98 April 12, 1999 [FR

Observer. cite].

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Chapter 31--Nonattainment Areas

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* * * * * *

*

567-31.2..................... Conformity of General 5/8/98 April 12, 1999 [FR

Federal Actions to the cite].

Iowa SIP or Federal

Implementation Plan.

* * * * * *

*

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[FR Doc. 99-8940 Filed 4-9-99; 8:45 am]

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