Approval and Promulgation of Implementation Plans and Approval Under Section 112(l); State of Iowa

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[Federal Register: May 13, 1999 (Volume 64, Number 92)]
[Rules and Regulations]
[Page 25825-25828]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13my99-11]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IA 069-1069a; FRL-6340-3]

Approval and Promulgation of Implementation Plans and Approval
Under Section 112(l); State of Iowa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking final action to approve two State Implementation
Plan (SIP) revisions submitted by the state of Iowa. These revisions
will strengthen the SIP with respect to attainment and maintenance of
established air quality standards and with respect to hazardous air
pollutants (HAP). 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 July 12, 1999 without
further notice, unless EPA receives adverse comment by June 14, 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 A. 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 approval under section 112(l)?
What is being addressed in this notice?
What action is 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 Approval Under Section 112(l)?

Section 112(l) of the CAA provides authority for EPA to implement a
program to regulate HAPs, and to subsequently delegate authority for
this program to the states. EPA has delegated authority for this
program to Iowa and has approved relevant state HAP rules under this
authority. In this action, EPA is approving revisions to the section
112(l) approved state rules.

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
and to adopt hospital/medical/ infectious waste incinerator
regulations. The revisions include an update to the definitions rule,
to the permitting rules, and to the testing and monitoring rule. The
state also adopted by reference the revised Federal National Ambient
Air Quality Standards promulgated on July 15, 1997.
The revised rule chapters are: Chapter 20, ``Scope of Title-
Definitions-Forms-Rules of Practice''; Chapter 22, ``Controlling
Pollution''; Chapter 23,

[[Page 25826]]

``Emissions Standards for Contaminants''; Chapter 25, ``Measurement of
Emissions''; and Chapter 28, ``Ambient Air Quality Standards,'' 567
Iowa Administrative Code. Specific Chapter paragraphs and subparagraphs
which were revised are: 20.2, 22.1(1), 22.1(2), 22.1(3), 22.203(1),
22.203(2), 22.300(8), 23.1(1), 25.1(10), and 28.1. All of these rules
are being approved under the authority of section 110, and the
underlined rules are also being approved under the authority of section
112(l).
These revisions to the Iowa SIP were submitted by Larry Wilson,
IDNR Director, on December 11, 1998, and January 29, 1999. The state
effective date for these revisions are October 14, 1998, except for
rules 22.1(2) and 25.1(10), which were effective December 23, 1998.

Have the Requirements for Approval of a SIP Revision Been Met?

The state submittals have met the public notice requirements for
SIP submissions in accordance with 40 CFR 51.102. The submittals 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 documents which are part of this notice, the revisions meet 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 this
amendment to the Iowa SIP makes routine revisions to the existing 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 as discussed above.
These rules are being approved under the authority of section 110, and,
for certain rules, the authority of section 112(l).
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 July 12, 1999
without further notice unless the Agency receives adverse comments by
June 14, 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 July 12, 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 the OMB a description
of the extent of EPA's prior consultation with representatives of
affected state, local, and tribal governments; a summary of 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 the 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

[[Page 25827]]

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 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 United States Senate, the United States
House of Representatives, and the United States 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 July 12, 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: April 28, 1999
William Rice,
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 section 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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* * * * * *
*
567-20.2............. Definitions....... 10/14/98 5/13/99 64 FR 25827.................

* * * * * *
*
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Chapter 22
Controlling Pollution
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* * * * * *
*
567-22.1............. Permits Required 12/23/98 5/13/99 64 FR 25827................. Subrule 22.1(3)
for New or ``b''(9) has not
Existing been approved.
Stationary
Sources.

* * * * * *
*
567-22.203........... Voluntary 10/14/98 5/13/99 64 FR 25827.................
Operating Permit
Applications.

[[Page 25828]]

* * * * * *
*
567-22.300........... Operating Permit 10/14/98 5/13/99 64 FR 25828.................
by Rule for Small
Sources.

* * * * * *
*
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Chapter 23
Emission Standards for Contaminants
----------------------------------------------------------------------------------------------------------------

* * * * * *
*
567-23.1............. Emission Standards 10/14/98 5/13/99 64 FR 25828................. Sections 23.1(2)-
(5) are not
approved in the
SIP.
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* * * * * *
*
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Chapter 25
Measurement of Emissions
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* * * * * *
*
567-25.1............. Testing and 12/23/98 5/13/99 64 FR 25828................. Subrule 25.1(12)
Sampling of New has not been
and Existing approved.
Equipment.

* * * * * *
*
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Chapter 28
Ambient Air Quality Standards
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* * * * * *
*
567-28.1............. Statewide 10/14/98 5/13/99 64 FR 25828.................
Standards.

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*
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[FR Doc. 99-11823 Filed 5-12-99; 8:45 am]
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Approval and Promulgation of Implementation Plans and Approval Under Section 112(l); State of Iowa

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