[Federal Register Volume 62, Number 205 (Thursday, October 23, 1997)]
[Rules and Regulations]
[Pages 55172-55173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28144]
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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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