[Federal Register Volume 64, Number 69 (Monday, April 12, 1999)]
[Rules and Regulations]
[Pages 17548-17551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8940]
[[Page 17548]]
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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
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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.
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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]
BILLING CODE 6560-50-P
