[Federal Register Volume 63, Number 122 (Thursday, June 25, 1998)]
[Rules and Regulations]
[Pages 34600-34602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16797]



40 CFR Part 52

[IA 048-1048a; FRL-6113-1]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.


SUMMARY: The EPA is approving revisions to the Iowa State 
Implementation Plan (SIP) submitted by the state of Iowa. This approval 
incorporates Iowa rule revisions which are necessary to meet the 
requirements of the Clean Air Act (CAA) and the Code of Federal 
Regulations (CFR). These revisions improve the state's permitting 
programs and strengthen the SIP with respect to attainment and 
maintenance of established air quality standards, and with respect to 
control of hazardous air pollutants (HAP).

DATES: This direct final rule is effective on August 24, 1998 without 
further notice, unless the EPA receives adverse comment by July 27, 
1998. If adverse comment is received, the EPA will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule did not take effect.

ADDRESSES: Comments may be mailed to Wayne A. Kaiser, 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 Planning and Development Branch, 726 Minnesota 
Avenue, Kansas City, Kansas 66101; and the EPA Air & Radiation Docket 
and Information Center, 401 M Street, SW., Washington, DC 20460.

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FOR FURTHER INFORMATION CONTACT: Wayne Kaiser at (913) 551-7603.

SUPPLEMENTARY INFORMATION: The state of Iowa requested approval of its 
SIP revisions under the authority and signature of the Governor's 
designee, Larry J. Wilson, Director, Iowa Department of Natural 
Resources (IDNR). Two separate requests, dated October 21, 1997, and 
January 3, 1998, were received by the EPA. All of the submittals were 
determined complete in accordance with the criteria specified in 40 CFR 
Part 51, Appendix V. The state provided evidence of the lawful adoption 
of regulations, public notice, and relevant public hearing requirements 
for each submittal.
    The rule revisions adopted by the state are discussed in general 
terms below. Additional detail and supporting information relevant to 
the state's actions are contained in the EPA Technical Support Document 
(TSD) which is included in the docket for this action. Persons 
interested in obtaining a copy of the TSD should contact the EPA 
contact above.
    Certain portions of the state rule revisions are not part of the 
SIP (e.g., new source performance standards, national emission 
standards for HAPs, and emission guidelines). While these updated 
regulations are an important component of the state's air quality 
program, they are excluded from this action because they are not 
intended to meet the SIP requirements of section 110 of the Act. 
Therefore, the EPA is not taking action on those portions.
    Rules adopted April 15, 1996, and effective June 12, 1996. The 
definition of volatile organic compounds (VOC) in rule 20.2, 
Definitions, was updated to be consistent with the EPA definition in 
Sec. 51.100(s). Rule 22.8(1), Permit by rule for spray booths, was 
revised to correct rule references within the rule. The voluntary 
operating permit rule at 22.202 was revised to allow sources the 
opportunity to obtain a permit under rule 22.300, as discussed below, 
and a clarification was made to rule 22.203 regarding the date to apply 
for a voluntary permit.
    A new permitting program was established by rule 22.300 series, 
Operating permit by rule for small sources. These rules establish an 
optional voluntary permit program for small sources (sources which emit 
less than 50 percent of the major source threshold levels) otherwise 
subject to the Title V permitting program. Sources meeting the 
eligibility requirements and submitting the necessary documentation 
will be exempted from applying for a Title V operating permit and from 
paying the Title V fees.
    Establishment of the operating permit by rule for small sources 
provides a mutual benefit to the state, the regulated community, and 
the public. Sources have an incentive to maintain low levels of 
emissions, thereby reducing their own and the state's administrative 
requirements while the public's exposure to pollutants is decreased. 
The rules require specific and enforceable operating restrictions which 
meet the EPA guidance for Federal enforceability. Because the rules 
limit emissions of HAPs as well as VOCs, the EPA is approving the rules 
under sections 110 and 112(l) of the Act.
    Finally, rules 23.3 and 29.1 related to opacity limits in 
construction permits and observer qualifications were revised.
    The IDNR also revised rule 22.1(2) pertaining to permit exemptions. 
However, the EPA is deferring action on this revision pending action on 
an earlier revision.
    Rules adopted August 19, 1996, effective October 16, 1996. New 
definitions for ``country grain elevator'' and ``potential to emit'' 
were added to rule 20.2. These revisions, in conjunction with existing 
rules, allow the IDNR the opportunity to issue non-Title V permits to 
affected sources which accept operating capacity restrictions, and thus 
restricted emissions. This action is consistent with the EPA guidance 
memorandum of November 14, 1995.
    Rules adopted October 21, 1996, effective December 25, 1996. Minor 
revisions were made to clarify and simplify certain provisions of rule 
22.300(4), Stationary Sources With De Minimis Emissions, and 22.300(8), 
Registration and Reporting Requirements.
    Rules adopted March 17, 1997, effective May 14, 1997. Definitions 
rule 20.2 was revised to add a new definition for ``emergency 
generator,'' and the definition of ``potential to emit'' was revised. 
Rule 22.2 was revised to allow a source 60 days, rather than 30, to 
provide additional information prior to a permit denial. Voluntary 
operating permit rules, 22.201-22.203, were revised to clarify 
eligibility requirements for sources. Rules 22.300(3) ``b'' and ``c'' 
were clarified regarding the permit deferral date and applicability 
requirements, and 22.300(8)``a'' was clarified regarding the 
application shield. Rule 22.1(2) was also revised by the IDNR in this 
rulemaking, but for the reason noted above, the EPA is deferring 
approval action on this revision at this time.
    Rule adopted June 16, 1997, effective August 20, 1997. This minor 
revision consisted of renumbering rule 23.1(5), Calculation of emission 
limitations based upon stack height, to 23.1(6).

I. Final Action

    In summary, the EPA is taking final action approving the revisions 
to the Iowa SIP as described above. These revisions meet the 
requirements of the Act and ensure that the SIP remains consistent with 
Federal regulations.
    The EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, the EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
relevant adverse comments be filed. This rule will be effective August 
24, 1998 without further notice unless the Agency receives relevant 
adverse comments by July 27, 1998.
    If the EPA receives such comments, then the EPA will publish a 
notice withdrawing the final rule and informing the public that the 
rule did not take effect. All public comments received will then be 
addressed in a subsequent final rule based on the proposed rule. The 
EPA will not institute a second comment period on the proposed rule. 
Only parties interested in commenting on the proposed rule should do so 
at this time. If no such comments are received, the public is advised 
that this rule will be effective on August 24, 1998 and no further 
action will be taken on the proposed rule.
    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.

II. Administrative Requirements

A. Executive Order 12866 and 13045

    The Office of Management and Budget has exempted this regulatory 
action from Executive Order 12866 review.
    The final rule is not subject to Executive Order 13045, entitled 
``Protection of Children from Environmental Health Risks and Safety 
Risks,'' because it is not an ``economically significant'' action under 
Executive Order 12866.

B. Regulatory Flexibility

    The Regulatory Flexibility Act generally requires an agency to 

[[Page 34602]]

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.
    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 the 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 (1976); 42 U.S.C. 7410(a)(2)).

C. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to state, local, or tribal governments in the aggregate, or to 
the private sector, of $100 million or more. Under section 205, the 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 the EPA to establish a 
plan for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    The EPA has determined that the approval action promulgated does 
not include a Federal mandate that may result in estimated 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.

D. 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. The 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. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

E. 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 August 24, 1998. 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, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: May 26, 1998.
William Rice,
Acting Regional Administrator, Region VII.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:


    1. The authority citation for part 52 continues to read as follows:

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

Subpart Q--Iowa

    2. Section 52.820 is amended by adding paragraph (c)(67) to read as 

Sec. 52.820  Identification of plan.

* * * * *
    (c) * * *
    (67) In correspondence dated October 21, 1997, and January 21, 
1998, the Director of the Iowa Department of Natural Resources 
submitted revisions to the State Implementation Plan.
    (i) Incorporation by reference.
    (A) ``Iowa Administrative Code'' sections 567-22.8(1) ``b,'' ``c,'' 
and ``e,'' 567-22.203(1) ``a,'' 567-22.300, 567-22.300(1) throu gh 567-
22.300(11), 567-23.3(2) ``d,'' and 567-29.1, effective June 12, 1996.
    (B) ``Iowa Administrative Code'' section 567-20.2, effective 
October 16, 1996.
    (C) ``Iowa Administrative Code'' sections 567-22.300(4) ``b''(1), 
567-22.300(8) ``a''(1), and 567-22.300(8) ``b''(2), effective December 
25, 1996.
    (D) ``Iowa Administrative Code'' sections 567-20.2, 567-22.2(1), 
567-22.201(1) ``a,'' 567-22.201(2) ``b,'' 567-22.202, 567-22.203(1), 
567-22.300(3) ``b'' and ``c,'' 567-22.300(8) ``a,'' effective May 14, 
    (ii) Additional material.
    (A) ``Iowa Administrative Code'' section 567-23.1(5), Calculation 
of emission limitations based upon stack height, was renumbered to 
section 567-23.1(6), effective August 20, 1997.

[FR Doc. 98-16797 Filed 6-24-98; 8:45 am]