[Federal Register Volume 59, Number 244 (Wednesday, December 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31268]
[[Page Unknown]]
[Federal Register: December 21, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IA-12-1-6529a; FRL-5110-3]
Approval and Promulgation of Implementation Plans; State of Iowa
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: This final action approves the State Implementation Plan (SIP)
submitted by the state of Iowa. The revision includes updating several
incorporations by reference and conformity to Federal regulations which
strengthen maintenance of established air quality standards.
DATES: This action will be effective February 21, 1995 unless adverse
or critical comments are received.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours at the
Environmental Protection Agency, Air Branch, 726 Minnesota Avenue,
Kansas City, Kansas 66101; and 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: Beginning with its initial submission in
1972, the state of Iowa has operated a federally approved SIP that has
implemented the various requirements of the Clean Air Act (Act) and the
Code of Federal Regulations (CFR). During the past two decades,
numerous revisions and updates have been made to the SIP in response to
new Federal requirements.
On May 5, 1994, the state of Iowa requested an SIP revision under
the authority and signature of the Governor's designee, Larry J.
Wilson, Director, Iowa Department of Natural Resources (IDNR). This
submission has been deemed complete in accordance with the criteria
specified in 40 CFR part 51, appendix V. The state has provided
evidence of the lawful adoption of regulations, public notice, and
public hearing requirements.
Rule Revisions for the SIP
The state has adopted a total of five revisions in two actions by
the Environmental Protection Commission (EPC). In the first action,
effective January 12, 1994, the state amends its rules in paragraph
23.2(3)g with respect to training fires. In the state's previous rule,
fires set for training fire-fighting employees required notification of
the director at least one week prior to the event. The state has
determined that it desires to make this requirement for notification
consistent with the requirements in 40 CFR 61.145, as amended through
March 5, 1992. The Federal requirement specifies 10 days' notification
which the state now adopts.
In the second action, effective April 20, 1994, the state amended
four rules now submitted as revisions to the SIP.
1. In Iowa rule 567-22.4, the state previously adopted by reference
40 CFR 52.21, as amended through February 3, 1992, with respect to
special requirements for major stationary sources located in areas
designated attainment or unclassified (PSD). The state now updates this
adoption to include the modeling guidelines and PM10 increments
specified in the June 3, 1993, Federal Register document and changes in
Sec. 52.21 which became effective June 3, 1994.
2. In Iowa rule 23.3(2)d (3) and (4), the state previously allowed
use of the Ringelmann Chart or an opacity determination in regulating
diesel-powered vehicles and locomotives. Since the state has adopted
Test Method 9 for opacity as found in 40 CFR part 60, appendix A (also
in this April 20, 1994, adoption), the state hereby ceases to use the
Ringelmann Chart.
3. In subrule 23.4(6), the state amends a typographical error in a
rule concerning emissions of particulate matter in sand handling and
surface finishing operations in metal processing. The rule itself is
unchanged.
4. In subrule 25.1(9), the state previously outlined its test
methods and procedures by adopting those specified in 40 CFR part 60,
appendices B and F through February 11, 1991. The state now updates its
adoption to include appendix A of part 60 and include amendments
through May 17, 1993. This adoption includes Test Method 9 for opacity
as outlined in 2. above.
EPA Action
EPA is taking final action to approve revisions submitted May 15,
1994, for the state of Iowa.
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 factors and in relation to relevant statutory and
regulatory requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities (5 U.S.C. 603 and 604).
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
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 impose any new requirements, EPA 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 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)).
The Office of Management and Budget has exempted these actions from
review under Executive Order 12866.
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 February 21, 1995. 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).)
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in a separate document in the Federal
Register publication, the EPA is proposing to approve the SIP revision
should adverse or critical comments be filed.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent notice that will
withdraw the final action. All public comments received will then be
addressed in a subsequent rule based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time.
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: October 20, 1994.
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)(59) to read as
follows:
Sec. 52.820 Identification of plan.
* * * * *
(c) * * *
(59) On May 5, 1994, the Director of the Iowa Department of Natural
Resources submitted revisions to the State Implementation Plan (SIP) to
update the state's incorporation by reference and conformity to various
federally approved regulations.
(i) Incorporation by reference.
(A) Revised rules, ``Iowa Administrative Code,'' effective January
12, 1994. This revision approves an amendment to paragraph 23.2(3)g
pertaining to open fires burned for the purpose of training fire-
fighting personnel.
(B) Revised rules, ``Iowa Administrative Code,'' effective April
20, 1994. This revision approves amendments to rules 22.4; 23.3(2)d (3)
and (4); 23.4(6); and 25.1(9). These rules concern the update of the
state's incorporation of prevention of significant deterioration and
test method requirements.
(ii) Additional material. None.
[FR Doc. 94-31268 Filed 12-20-94; 8:45 am]
BILLING CODE 6560-50-P
