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Clean Air Act Final Interim Approval of Operating Permits Program and Approval of Delegation of Section 112(l); State of Iowa
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: September 1, 1995 (Volume 60, Number 170)]
[Rules and Regulations]
[Page 45671-45673]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[AD-FRL-5289-9]
Clean Air Act Final Interim Approval of Operating Permits Program
and Approval of Delegation of Section 112(l); State of Iowa
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final interim approval.
SUMMARY: The EPA is promulgating interim approval of the Operating
Permits Program submitted by Iowa for the purpose of complying with
Federal requirements for an approvable state program to issue operating
permits to all major stationary sources, and to certain other sources.
EPA is also approving, under section 112(l), the state's program for
accepting delegation of section 112 standards.
EFFECTIVE DATE: This rule will become effective on October 2, 1995.
ADDRESSES: Copies of the state's submittal and other supporting
information used in developing the final interim approval are available
for inspection during normal business hours at the following location:
USEPA Region VII, 726 Minnesota Avenue, Kansas City, Kansas, 66101.
FOR FURTHER INFORMATION CONTACT: Christopher D. Hess at (913) 551-7213.
SUPPLEMENTARY INFORMATION:
I. Background and Purpose
Title V of the 1990 Clean Air Act Amendments (sections 501-507 of
the Clean Air Act (``the Act'')), and implementing regulations at 40
Code of Federal Regulations (CFR) part 70 require that states develop
and submit operating permits programs to EPA by November 15, 1993, and
that EPA act to approve or disapprove each program within one year
after receiving the submittal. The EPA's program review occurs pursuant
to section 502 of the Act and the part 70 regulations, which together
outline criteria for approval or disapproval.
Where a program substantially, but not fully, meets the
requirements of section 502 and part 70, EPA may grant the program
interim approval for a period of up to two years. 40 CFR 70.4(d)(3)
sets forth the minimum requirements a state program must meet in order
to be eligible for interim approval. The 11 minimum requirements
include: (1) Adequate fees, (2) applicable requirements, (3) fixed term
permits, (4) public participation,
[[Page 45672]]
(5) EPA and affected state review, (6) no permit issuance if objection
by EPA, (7) basic enforcement authority, (8) operational flexiblity,
(9) streamlined procedures for issuing and revising permits and for
determining completeness of applications, (10) adequate permit
application requirements, and (11) alternative operating scenarios. If
EPA has not fully approved a program by two years after the November
15, 1993, date, or by the end of an interim program, it must establish
and implement a Federal program.
On April 26, 1995, EPA proposed interim approval of the operating
permits program for Iowa (see 60 FR 20465-20469). The EPA received no
public comments on the proposal. In this notice, the EPA is taking
final action to grant interim approval of the operating permits program
for Iowa.
II. Final Action and Implications
A. Analysis of State Submission
In proposing interim approval of the Iowa program, the EPA
determined that the state met the minimum requirements for interim
approval outlined in 40 CFR 70.4(d)(3)(i)-(xi). In order to receive
full approval, the EPA outlined specific requirements in 60 FR 20465-69
that the state must meet.
These requirements included:
Four specific rule revisions, as well as corrections to the acid
rain regulations. The state adopted all required rule revisions and
corrections on May 15, 1995, and submitted them to the EPA in a letter
dated June 23, 1995. The rule revision and correction requirements
therefore have been met.
Finalizing the operating permit fee and submission of a revised
fee demonstration as necessary. In section II.A.2.a. of the April 26,
1995, notice of proposed interim approval, the EPA noted the state only
collected half of its operating permit fee of $24 until it could be
determined if the full amount was necessary to implement the program.
On March 20, 1995, the state elected to collect the full amount of
$24 and submitted documentation of this action to the EPA on May 26,
Since the EPA previously determined the adequacy of a $24
operating permit fee, this requirement has been met.
Hiring the originally forecasted amount of personnel to
implement the Title V program or submission of a revised workload
analysis that adequately describes how the program may be successfully
implemented with fewer personnel.
Although the state has hired additional personnel for the purpose
of implementing Title V since the April 26, 1995, Federal Register
notice, the state has not met the original personnel forecast, nor has
it submitted a revised workload analysis. This requirement for full
approval has not been met; consequently, EPA is granting interim
approval of the program.
B. Section 112(g)
To regulate hazardous air pollutants, the EPA will establish
performance standards for each industry based on Maximum Achievable
Control Technology (MACT) under section 112(g) of the Act.
On February 14, 1995, the EPA published an interpretation of
section 112(g) applicability in 60 FR 8333. The notice postpones the
effective date of section 112(g) until after EPA has promulgated a rule
addressing that provision. The notice sets forth in detail the
rationale for the interpretation.
The section 112(g) interpretive notice explains that EPA is still
considering whether the effective date of section 112(g) should be
delayed beyond the date of promulgation of the Federal rule so as to
allow states time to adopt rules implementing the Federal rule, and
that EPA will provide for any such additional delay in the final
section 112(g) rulemaking. Unless and until EPA provides for such an
additional postponement of section 112(g), Iowa must have a Federally
enforceable mechanism for implementing section 112(g) during the period
between promulgation of the Federal section 112(g) rule and adoption of
implementing Federal regulations.
The EPA is aware that Iowa lacks a program designed specifically to
implement section 112(g). However, Iowa has adopted a subrule amendment
at IAC 567-22.3(6) that gives the state authority to limit emissions of
hazardous air pollutants (HAP). Iowa may use this authority to
establish case-by case MACTs as needed for the review of new or
modified HAP sources until such time as it adopts section 112(g).
C. Section 112(l)
Requirements for approval, specified in 40 CFR 70.4(b), encompass
section 112(l)(5) requirements for approval of a program for delegation
of section 112 standards as promulgated by EPA as they apply to part 70
sources, as well as for sources not subject to part 70 requirements.
Section 112(l)(5) requires that the state's program contain adequate
authorities, adequate resources for implementation, and an expeditious
compliance schedule, which are also requirements under part 70.
Therefore, the EPA is granting full approval under section 112(l)(5)
and 40 CFR 63.91 of these programs for receiving delegation of section
112 standards that are unchanged from Federal standards as promulgated.
D. Final Action
The EPA is granting interim approval of the operating permits
program submitted by Iowa on November 15, 1993. In addition, the EPA is
granting approval of the state's program for receiving delegation of
section 112 standards. In order to receive full approval of the
operating permit program, the state must hire the original amount of
forecasted personnel or provide a revised workload analysis describing
how the program may be successfully implemented with fewer personnel.
This approval includes the following regulations adopted by the
state of Iowa:
Iowa Administrative Code 567-22.100-147, effective March 16, 1994;
Amendments to Iowa Administrative Code 567-22.3(6); 101-103; 105;
107-108; 110; 120; 123-124; 132; 134; 139; 141-142; 146; 147; adopted
May 15, 1995, and effective July 12, 1995; and
Iowa Administrative Code 567-2 (effective September 7, 1988); 567-7
(effective September 7, 1988); 567-10 (effective September 16, 1992).
The scope of Iowa's part 70 program approved in this notice applies
to all part 70 sources (as defined in the approved program) within
Iowa, except any sources of air pollution over which an Indian Tribe
has jurisdiction (see 59 FR 55813, 55815-18 (November 9, 1994)). The
term ``Indian Tribe'' is defined under the Act as ``any Indian tribe,
band, nation, or other organized group or community, including any
Alaska Native village, which is Federally recognized as eligible for
the special programs and services provided by the United States to
Indians because of their status as Indians.'' See section 302(r) of the
CAA; 59 FR 43956, 43962 (August 25, 1994); and 58 FR 54364 (October 21,
1993).
This interim approval, which may not be renewed, extends until
October 1, 1997.
During this interim approval period, Iowa is protected from
sanctions, and EPA is not obligated to promulgate, administer, or
enforce a Federal operating permits program in the state.
Permits issued under a program with interim approval have full
standing with respect to part 70, and the one-year time period for
submittal of permit applications by subject sources begins upon the
effective date of this interim approval, as does the three-year time
[[Page 45673]]
period for processing the initial permit applications.
If Iowa fails to submit a complete corrective program for full
approval by April 1, 1997, EPA will start an 18-month clock for
mandatory sanctions. If Iowa then fails to submit a corrective program
that EPA finds complete before the expiration of that 18-month period,
EPA will be required to apply one of the sanctions in section 179(b) of
the Act, which will remain in effect until EPA determines that Iowa has
corrected the deficiency by submitting a complete corrective program.
Moreover, if the Administrator finds a lack of good faith on the
part of Iowa, both sanctions under section 179(b) will apply after the
expiration of the 18-month period until the Administrator determines
that the state has come into compliance. In any case, if, six months
after application of the first sanction, Iowa still has not submitted a
corrective program that EPA has found complete, a second sanction will
be required.
In addition, discretionary sanctions may be applied where warranted
any time after the expiration of an interim approval period if Iowa has
not submitted a timely complete corrective program or EPA has
disapproved its submitted corrective program.
If EPA has not granted full approval to the Iowa program by the
expiration of this interim approval and that expiration occurs after
November 15, 1995, EPA must promulgate, administer, and enforce a
Federal permits program upon interim approval expiration.
III. Administrative Requirements
A. Docket
Copies of the state's submittal and other information relied upon
for the final interim approval are contained in a docket maintained at
the EPA Regional Office. The docket is an organized and complete file
of all the information submitted to, or otherwise considered by, EPA in
the development of this final interim approval. The docket is available
for public inspection at the location listed under the ADDRESSES
section of this document.
B. Executive Order 12866
The Office of Management and Budget has exempted this action from
Executive Order 12866 review.
C. Regulatory Flexibility Act
The EPA's actions under section 502 of the Act do not create any
new requirements, but simply address operating permits programs
submitted to satisfy the requirements of 40 CFR part 70. Because this
action does not impose any new requirements, it does not have a
significant impact on a substantial number of small entities.
D. Unfunded Mandates
Under sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector, or to
state, local, or tribal governments in the aggregate.
Through submission of these operating permit programs, the state of
Iowa has elected to adopt the program provided for under Title V of the
Clean Air Act. These rules bind the state to perform certain actions
and also require the private sector to perform certain duties. To the
extent that the rules being finalized for approval by this action will
impose new requirements, sources are already subject to these
regulations under state law. EPA has determined that this interim final
action does not include a mandate that may result in estimated costs of
$100 million or more to state, local, or tribal governments in the
aggregate or to the private sector.
List of Subjects in 40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
Reporting and recordkeeping requirements.
Dated: August 16, 1995.
Dennis Grams,
Regional Administrator.
Part 70, title 40 of the Code of Federal Regulations is amended as
follows:
PART 70--[AMENDED]
The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
2. Appendix A to part 70 is amended by adding the entry for Iowa in
alphabetical order to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * *
Iowa
(a) The Iowa Department of Natural Resources submitted on
November 15, 1993, and supplemented by correspondence dated March
15, 1994; August 8, 1994; October 5, 1994; December 6, 1994;
December 15, 1994; February 6, 1995; March 1, 1995; March 23, 1995;
and May 26, 1995. Interim approval effective on October 2, 1995;
interim approval expires October 1, 1997.
(b) [Reserved]
* * * *
[FR Doc. 95-21760 Filed 8-31-95; 8:45 am]
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