[Federal Register Volume 60, Number 121 (Friday, June 23, 1995)]
[Rules and Regulations]
[Pages 32601-32603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15236]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IA-15-1-6829a; FRL-5210-5]
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)
revision submitted by the state of Iowa. The revision includes special
requirements for nonattainment areas, compliance and enforcement
information, and adoption of EPA definitions. These revisions
strengthen the SIP with respect to attainment and maintenance of
established air quality standards.
DATES: This action will be effective August 22, 1995 unless by July 24,
1995 adverse or critical comments are received.
ADDRESSES: Comments may be mailed to Christopher D. Hess, Environmental
Protection Agency, Air Branch, 726 Minnesota Avenue, Kansas City,
Kansas 66101. 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: The state of Iowa operates a Federally
approved SIP that implements various requirements of the Clean Air Act
(Act) and the Code of Federal Regulations (CFR). Since the initial
approval of its SIP in 1972, numerous revisions and updates have been
made in response to Federal requirements.
In accordance with 40 CFR 51.103, the state of Iowa has requested
approval of two SIP revisions under the authority and signature of the
Governor's designee, Larry J. Wilson, Director, Iowa Department of
Natural Resources (IDNR). Requests were received by the EPA on October
18, 1994, and January 26, 1995. Both of these submittals were 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 for each
submittal.
Rule Revisions
A. Special Requirements for Nonattainment Areas
The state of Iowa currently has one nonattainment area, in
Muscatine for SO2. In response to the requirements of the Act, as
amended in 1990, the state has adopted the following rules.
1. In IAC 567-22.5 (1), the state amends its definition of ``major
stationary source'' to conform to the requirements of Part D of the
Act. The Act provides, in general, that a source which emits, or has
the potential to emit, 100 tons per year or more of a regulated
pollutant is a major source. Part D provides lower cutoff levels for
some nonattainment areas, depending on the classification of the area.
Specifically, in response to the following cited sections of the
Act, the state has added the major source emissions thresholds for the
following pollutants: Ozone precursors (section 182), ozone precursors
in ozone transport regions (section 184), carbon monoxide (section
186), and PM10 (section 188).
2. In subrule 22.5(1)''f''(2), the state also amends the definition
of ``net emissions increase'' as it relates to major sources for
nonattainment areas. Previously, a net emissions increase was
considered contemporaneous with the particular change if it occurred
between January 1, 1978, and the date that the increase from the
particular change occurred. The state now uses a date five years before
construction of the particular change rather than the fixed date of
January 1, 1978.
This revision, although not required as a result of the 1990
Amendments to the Act, is consistent with the EPA's requirements at 40
CFR 51.165(a)(1)(vi) relating to calculation of net emissions increases
for permitting applicability purposes.
3. In subrule 22.5(1)''m,'' the state has expanded its definition
of ``enforceable permit condition'' to include requirements of Title V
operating permits. This recognizes that limitations in those operating
permits will qualify as federally enforceable restrictions which can be
utilized in determining source applicability in the state's permitting
programs.
4. In subrule 22.5(2), the state updates its emission offset
applicability provisions to conform with the requirements of the 1990
Amendments. In particular:
a. The reference to 40 CFR 81.316 is updated to include amendments
through March 10, 1994, pertaining to particulate matter nonattainment
areas.
b. In this same subrule, the state deletes the provision that
previously allowed the director to relieve an applicant from the
obligation of continuing to implement offset requirements of a
nonattainment construction permit if an area is subsequently
redesignated attainment or unclassified. This measure is necessary to
help ensure maintenance of the air quality standards after an area is
redesignated to attainment.
c. The state deletes the reference to secondary standard
particulate matter nonattainment areas. This reflects the fact that the
current particulate matter standards are the same for the primary and
secondary standards.
d. The state adds a requirement for offsets in sulfur dioxide
(SO2) nonattainment areas in subrule 22.5(2)b. As discussed in
more detail below, EPA has determined that this addition strengthens
the SIP and is therefore approvable.
e. The state also deletes subrule 22.5(2)c which previously
provided a ``loophole'' for sources in secondary particulate matter
nonattainment areas to claim that offsets were not reasonably
available. This action strengthens the SIP by requiring sources to
achieve offsets that conform with the Act.
f. Due to the new 22.5(2)b and deletion of 22.5(2)c, the former
22.5(2) d, e, and f become 22.5(2) c, d, and e.
5. Rule 22.5(3) previously allowed a source in a secondary
particulate matter nonattainment area to submit proposals for emission
offsets or a demonstration that offsets were not reasonably
[[Page 32602]] available with a permit application. In conjunction with
the deletion of 22.5(2)c, the state now deletes the ability to submit a
demonstration that offsets are not reasonably available. This
strengthens the SIP by requiring, without exception, offsets in
nonattainment areas. It also reflects the state's other revisions
eliminating the distinction between primary and secondary particulate
nonattainment areas.
6. Subrule 22.5(4)``b'' previously required an offset ratio of at
least 1.25:1 for particulate emissions. The revision requires a ratio
of greater than 1:1 for all nonattainment areas. Although the reduced
ratio would represent a relaxation of the offset requirements for
particulate matter nonattainment areas, there are currently no such
areas in Iowa. In any newly designated PM10 nonattainment areas,
the revised ratio would be consistent with the requirements of the Act.
7. In accordance with section 173 of the Act, the state adds a new
rule that requires new or modified major sources to comply with the
lowest achievable emission rate in nonattainment areas.
8. In 22.5(7), the state updates its rule to reflect appropriate
revisions. With respect to compliance of existing sources, this subrule
referenced a rescinded subrule. By inserting the reference ``rule
22.5,'' the state now clearly identifies that a new major source or
major modification subject to the emission offset subrule shall be in
compliance with applicable emission standards or an approved compliance
schedule.
B. Compliance and Enforcement Information
In 58 FR 54677, dated October 22, 1993, the EPA announced that SIP
calls pursuant to section 110(k)(5) of the Act would be issued in order
to implement the monitoring requirements of section 114(a)(3) including
the periodic monitoring requirements for operating permits pursuant to
sections 502(b)(2) and 504. This SIP call is required, because existing
SIPs are inadequate in that they may be interpreted to limit the types
of testing or monitoring data that may be used for determining
compliance and establishing violations.
On May 11, 1994, the EPA notified the Governor of Iowa that an SIP
revision is necessary to meet the aforementioned requirements of the
Act. In IAC 567-21.5, the state has added rules that fulfill this
requirement.
1. In IAC 567-21.5, a new rule has been added providing that any
credible evidence may be used for the purpose of establishing whether a
violation has occurred at the source.
2. Subrule 21.5(1) specifies that information from the use of
monitoring methods approved in the source's Title V operating permit,
compliance test methods specified in IAC 567-25, and testing or
monitoring methods approved in the source's construction permit is
presumptively credible evidence of whether a violation has occurred at
a source.
3. Subrule 21.5(2) identifies presumptively credible monitoring or
testing methods.
4. The state also amends subrule 22.105(2)``i'' by adding a new
subparagraph, (5). For purposes of submitting compliance
certifications, this subrule specifies that an owner or operator is not
prohibited from using monitoring as required by any specified
compliance methods or as required by subrules 22.108(3)-(5) and
incorporated into a Title V operating permit. The practical effect of
this addition is that the SIP is now strengthened by providing for more
extensive means of determining compliance and gathering enforcement
information.
C. Miscellaneous Revisions
1. In IAC 567-20.2 the state adds the definition of ``volatile
organic compound'' as found in 40 CFR 51.100(s) as amended through
November 30, 1993.
2. With respect to emissions testing, the state adds two approved
EPA definitions: ``EPA conditional method'' and ``EPA reference
method.'' A conditional method describes any method of sampling that
has been validated by the Administrator, but has not yet been published
as a reference method. A reference method, in contrast, describes any
method of sampling or analyzing published in the CFR. EPA Action:
EPA is taking final action to approve revisions submitted on
October 18, 1994, and January 26, 1995, for the state of Iowa.
Insofar as the state's request involves new source review (NSR) in
nonattainment areas, EPA is approving the revision because its overall
effect is to strengthen the SIP. EPA recognizes that this revision does
not address all of the requirements for NSR under the 1990 Amendments
to the Act. As an example, the revision does not include a requirement,
as a precondition to permit issuance, an analysis of alternatives to
construction of a proposed source or modification which shows that the
benefits of construction outweigh the environmental and social costs
(section 173(a)(5)).
The state is required to submit a revision by October 10, 1995, for
the SO2 nonattainment area in Muscatine, Iowa. In addition to
other requirements of Part D of the Act, the revision must meet all the
requirements of section 173 relating to NSR. EPA anticipates that Iowa
will submit a revision by the statutory deadline addressing the other
NSR requirements. Because the Part D revision for Muscatine is not yet
due, and Iowa currently has no additional nonattainment areas, EPA is
approving the rule which the state submitted. However, if the state
does not submit a complete and timely SIP, including a Part D NSR rule,
or if EPA determines that Iowa's submission is not approvable, EPA will
take appropriate action (either finding a failure to submit an SIP or
disapproving the SIP).
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 Subpart 1, 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 [[Page 32603]] Court
of Appeals for the appropriate circuit by August 22, 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 document 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: May 2, 1995.
Dennis Grams,
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)(61) to read as
follows:
Sec. 52.820 Identification of plan.
* * * * *
(c) * * *
(61) On October 18, 1994, and January 26, 1995, the Director of the
Iowa Department of Natural Resources submitted revisions to the State
Implementation Plan (SIP) to include special requirements for
nonattainment areas, provisions for use of compliance and enforcement
information, and adoption of EPA definitions. These revisions fulfill
Federal regulations which strengthen maintenance of established air
quality standards.
(i) Incorporation by reference.
(A) Revised rules ``Iowa Administrative Code,'' effective November
16, 1994. This revision approves revised rules 567-20.2, 567-22.5(1)a,
567-22.5(1)f(2), 567-22.5(1)m, 567-22.5(2), 567-22.5(3), 567-22.5(4)b,
567-22.5(6), 567-22.5(7), 567-22.105(2), and new rule 567-21.5. These
rules provide for enhanced monitoring, special requirements for
nonattainment areas, and adopts EPA's definition of volatile organic
compound.
(B) Revised rules, ``Iowa Administrative Code,'' effective February
22, 1995. This revision approves new definitions to rule 567-20.2. This
revision adopts EPA's definitions of ``EPA conditional method'' and
``EPA reference method.''
(ii) Additional material.
(A) None.
[FR Doc. 95-15236 Filed 6-22-95; 8:45 am]
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