[Federal Register Volume 69, Number 163 (Tuesday, August 24, 2004)]
[Rules and Regulations]
[Pages 51957-51959]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 04-19335]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[R07-OAR-2004-IA-0003; FRL-7805-4]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; State of Iowa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is proposing to approve a revision to the Iowa section 
111(d) plan for the purpose of adopting by reference the commercial and 
industrial solid waste incineration (CISWI) rule that was Federally 
promulgated on October 3, 2003. The rule contains 11 major components 
that address the regulatory requirements applicable to existing CISWI 
units. When adopted by reference, these components will constitute the 
state plan.

DATES: This direct final rule will be effective October 25, 2004, 
without further notice, unless EPA receives adverse comment by 
September 23, 2004. If adverse comment is received, EPA will publish a 
timely withdrawal of the direct final rule in the Federal Register 
informing the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Regional Material in 
EDocket (RME) ID Number R07-OAR-2004-IA-0003, by one of the following 
methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Agency Web site: http://docket.epa.gov/rmepub/. RME, EPA's 
electronic public docket and comment system, is EPA's preferred method 
for receiving comments. Once in the system, select ``quick search;'' 
then key in the appropriate RME Docket identification number. Follow 
the on-line instructions for submitting comments.
    3. E-mail: hamilton.heather@epa.gov.
    4. Mail: Heather Hamilton, Environmental Protection Agency, Air 
Planning and Development Branch, 901 North 5th Street, Kansas City, 
Kansas 66101.
    5. Hand Delivery or Courier. Deliver your comments to Heather 
Hamilton, Environmental Protection Agency, Air Planning and Development 
Branch, 901 North 5th Street, Kansas City, Kansas 66101.
    Instructions: Direct your comments to RME ID No. R07-OAR-2004-IA-
0003. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
http://docket.epa.gov/rmepub/, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through RME, regulations.gov, 
or e-mail. The EPA RME Web site and the Federal regulations.gov Web 
site are ``anonymous access'' systems, which means EPA will not know 
your identity or contact information unless you provide it in the body 
of your comment. If you send an e-mail comment directly to EPA without 
going through RME or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
RME index at http://docket.epa.gov/rmepub/. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically in RME 
or in hard copy at the Environmental Protection Agency, Air Planning 
and Development Branch, 901 North 5th Street, Kansas City, Kansas 
66101. The Regional Office's official hours of business are Monday 
through Friday, 8 to 4:30 excluding Federal holidays. The interested 
persons wanting to examine these documents should make an appointment 
with the office at least 24 hours in advance.

FOR FURTHER INFORMATION CONTACT: Heather Hamilton at (913) 551-7039, or 
by e-mail at hamilton.heather@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This section provides 
additional information by addressing the following questions:
    What is a Clean Air Act Section 111(d) State Plan?
    What is being addressed in this document?
    What action is EPA taking?

What Is a Clean Air Act Section 111(d) State Plan?

    Section 111(d) of the CAA requires states to submit plans to 
control certain pollutants (designated pollutants) at existing 
facilities (designated facilities) whenever standards of performance 
have been established under section 111(b) of the same type, and EPA 
has established emission guidelines for such existing sources. A 
designated pollutant is any pollutant for which no air quality criteria 
have been issued, and which is not included on a list published under 
section 108(a) or section 112(b)(1)(A) of the CAA, but emissions of 
which are subject to the standard of performance for new stationary 
sources.
    The EPA proposed emission guidelines and compliance schedules for 
CIWSI units on November 30, 1999, and promulgated them on December 1, 
2000 (40 CFR part 60, subpart DDDD). Subpart DDDD provided model 
emission guidelines and compliance schedules for states to use in the 
development of state plans and to implement and enforce the emission 
guidelines. The Federal plan was promulgated on October 3, 2003, as 
Subpart III of 40 CFR part 62, and became effective on November 3, 
2003.

What Is Being Addressed in This Document?

    The state of Iowa has requested a revision to the CAA section 
111(d) state plan to adopt by reference subpart III of 40 CFR part 62, 
the CISWI rule that was Federally promulgated on October 3, 2003. 
Subpart III contains eleven components that address the regulatory 
requirements applicable to existing CISWI units. This rule became 
effective in the state of Iowa on April 21, 2004. When adopted by 
reference, these components will constitute a state plan. EPA Region 7 
and the State of Iowa have a Delegation Agreement of Authority for New 
Source Performance Standards and National Emission Standards for 
Hazardous Air Pollutants under sections 111 and 112 of the Clean Air 
Act.

What Action Is EPA Taking?

    EPA is approving this revision for adoption by reference of Subpart 
III of 40 CFR part 62 to the Iowa CAA Section 111(d) state plan. 
Subpart III contains

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eleven major components that address the regulatory requirements 
applicable to existing CISWI units. When this revision is finalized, 
these components will constitute the state plan. The components include 
increments of progress toward compliance, waste management plans, 
operator training and qualification, emission limitations and operating 
limits, performance testing, initial compliance requirements, 
continuous compliance requirements, monitoring, recordkeeping and 
reporting, definitions, and associated tables.
    This revision will establish emission requirements and compliance 
schedules for the control of emissions from existing CIWSI units that 
commenced construction on or before November 30, 1999. The Monsanto 
Company, Muscatine, Iowa, is the only identified facility in Iowa to 
which this applies. The Monsanto company was granted an extension of 
initial compliance until October 2004, by EPA Region 7.
    It should be noted that for purposes of this adoption by reference, 
references that refer to EPA's authority will be IDNR's authority 
except for Sec.  62.14838, ``What authorities are withheld by the EPA 
Administrator?'
    We are processing this action as a direct final action because the 
revision makes routine changes to the existing rules which are 
noncontroversial. Therefore, we do not anticipate any adverse comments. 
Please note that if EPA receives adverse comment on part of this rule 
and if that part can be severed from the remainder of the rule, EPA may 
adopt as final those parts of the rule that are not the subject of an 
adverse comment.

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the CAA. 
This rule also is not subject to Executive Order 13045, ``Protection of 
Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not economically significant.
    In reviewing state plan submissions, our role is to approve state 
choices, provided that they meet the criteria of the CAA. In this 
context, in the absence of a prior existing requirement for the state 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove state submissions for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews state 
submissions, to use VCS in place of a state program that otherwise 
satisfies the provisions of the CAA. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note) do not apply. This rule does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    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 Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 25, 2004. 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 62

    Environmental Protection, Air pollution control, Intergovernmental 
relations, Municipal waste combustion units, Nitrogen dioxide, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Waste treatment and disposal.

    Dated: August 12, 2004.
William A. Spratlin,
Acting Regional Administrator, Region 7.

0
Chapter I, title 40 of the Code of Federal Regulations is amended as 
follows:

PART 62--[AMENDED]

0
1. The authority citation for Part 62 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart Q--Iowa

0
2. Subpart Q is amended by adding an undesignated center heading and 
Sec.  62.3916 to read as follows:

Air Emissions From Existing Commercial and Industrial Solid Waste 
Incineration Units


Sec.  62.3916  Identification of Plan.

    (a) Identification of plan. The Iowa Department of Natural 
Resources approved this revision to the 567 Iowa Administrative Code, 
23.1(5)(455B) to the State of Iowa section 111(d) plan for the purpose 
of adopting by reference subpart III of 40 CFR part 62, the commercial 
and industrial solid waste incineration rule, which became effective on 
April 21, 2004. For purposes of this adoption by reference, references 
that refer to EPA's authority

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will be IDNR's authority except for Sec.  62.14838, ``What authorities 
are withheld by the EPA Administrator?'' This revision was submitted on 
June 29, 2004.
    (b) Identification of sources. The plan applies to all applicable 
existing Commercial and Industrial Solid Waste Incineration Units for 
which construction commenced on or before November 30, 1999.
    (c) Effective date. The effective date of the plan is October 25, 
2004.

[FR Doc. 04-19335 Filed 8-23-04; 8:45 am]
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