[Federal Register Volume 65, Number 99 (Monday, May 22, 2000)]
[Rules and Regulations]
[Pages 32030-32033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12646]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IA 104-1104; FRL-6702-9]


Approval and Promulgation of Implementation Plans; State of Iowa; 
Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.

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SUMMARY: On April 12, 1999 (64 FR 17548), EPA published a direct final 
action approving revisions to the Iowa State Implementation Plan (SIP). 
This document makes corrections to the table of EPA-Approved Iowa 
Regulations. The state effective date is corrected to read May 13, 
1998, and notations are added to or deleted from the ``Comments'' 
column.

EFFECTIVE DATE: This final rule is effective May 22, 2000.

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

SUPPLEMENTARY INFORMATION: In the part 52 table in subpart Q, 
Sec. 52.820(c), which accompanied the April 12, 1999, document, the 
``state effective date'' was listed as May 3, 1998. This action 
corrects the ``state effective date'' for all the rules listed, for 
which there has not been a subsequent revision and more current 
effective date, to May 13, 1998. Additionally, for rule 20.2, 
information has been added in the ``Comments'' column which specifies 
that certain portions of the rule are not SIP approved. Finally, we are 
deleting the notation in the ``Comments'' column for rule 25.1, which 
indicated that paragraph 25.1(12) was not SIP approved. All of rule 
25.1 is SIP approved.
    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(B),

[[Page 32031]]

provides that, when an agency for good cause finds that notice and 
public procedures are impracticable, unnecessary, or contrary to the 
public interest, the agency may issue a rule without providing notice 
and an opportunity for public comment. We have determined that there is 
such good cause for making today's rule final without prior proposal 
and opportunity for comment because we are merely correcting an 
incorrect citation in a previous action. Thus, notice and public 
procedure are unnecessary.

Administrative Requirements

    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. 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 merely corrects an incorrect citation in a previous action, 
it does not contain any unfunded mandate or significantly or uniquely 
affect small governments, as described in the Unfunded Mandates Reform 
Act of 1995 (Public Law 104-4). For the same reason, this rule also 
does not significantly or uniquely affect the communities of tribal 
governments, as specified by Executive Order 13084 (63 FR 27655, May 
10, 1998). This rule will 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), because it merely corrects a citation in a 
state rule implementing a Federal standard, and does not alter the 
relationship or the distribution of power and responsibilities 
established in the Clean Air Act (CAA). This rule also is not subject 
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is 
not economically significant.
    In reviewing SIP 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), we have no authority to disapprove 
a SIP submission for failure to use VCS. It would thus be inconsistent 
with applicable law for EPA, when it reviews a SIP submission, to use 
VCS in place of a SIP submission 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. As required by section 3 of Executive Order 12988 
(61 FR 4729, February 7, 1996), in issuing this rule, we have taken the 
necessary steps to eliminate drafting errors and ambiguity, minimize 
potential litigation, and provide a clear legal standard for affected 
conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March 
15, 1988) by examining the takings implications of the rule in 
accordance with the ``Attorney General's Supplemental Guidelines for 
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued 
under the Executive Order. 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 (CRA), 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. Section 808 allows the issuing agency to 
make a rule effective sooner than otherwise provided by the CRA if the 
agency makes a good cause finding that notice and public procedure is 
impracticable, unnecessary or contrary to the public interest. This 
determination must be supported by a brief statement. As stated 
previously, we made such a good cause finding, including the reasons 
therefore and established an effective date of May 22, 2000. We will 
submit a report containing this rule and other required information to 
the United States Senate, the United States House of Representatives, 
and the Comptroller General of the United States prior to publication 
of the rule in the Federal Register. This correction to the Iowa SIP 
table is not a ``major rule'' as defined by 5 U.S.C. 804 (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: May 10, 2000.
William Rice,
Acting Regional Administrator, Region 7.

    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 Sec. 52.820(c), the following entries in the table, EPA-
approved regulations, are revised to read as follows:


Sec. 52.820  Identification of plan.

* * * * *
    (c) * * *

                                          EPA-Approved Iowa Regulations
----------------------------------------------------------------------------------------------------------------
                                                        State effective
          Iowa citation                  Title               date          EPA approval date       Comments
----------------------------------------------------------------------------------------------------------------
                 Iowa Department of Natural Resources, Environmental Protection Commission [567]
 
                          Chapter 20--Scope of Title-Definitions-Forms-Rule of Practice
 
567-20.1........................  Scope of Title....  5/13/98...........  [5/22/00 and FR
                                                                           cite].
567-20.2........................  Definitions.......  10/14/98..........  [5/22/00 and FR     The definitions
                                                                           cite].              for anaerobic
                                                                                               lagoon, odor,
                                                                                               odorous
                                                                                               substance, and
                                                                                               odorous substance
                                                                                               source, are not
                                                                                               SIP approved.
567-20.3........................  Air Quality Forms   5/13/98...........  [5/22/00 and FR
                                   Generally.                              cite].

[[Page 32032]]

 
 
*                  *                  *                  *                  *                  *
                                                        *
                                        Chapter 22--Controlling Pollution
 
567-22.1........................  Permits Required    12/23/98..........  [5/22/00 and FR     Subrule 22.1(3)
                                   for New or                              cite].              ``b'' (9) is not
                                   Existing                                                    SIP approved.
                                   Stationary
                                   Sources.
 
*                  *                  *                  *                  *                  *
                                                        *
567-22.4........................  Special             5/13/98...........  [5/22/00 and FR
                                   Requirements for                        cite].
                                   Major Stationary
                                   Sources Located
                                   in Areas
                                   Designated
                                   Attainment or
                                   Unclassified
                                   (PSD).
567-22.5........................  Special             5/13/98...........  [5/22/00 and FR
                                   Requirements for                        cite].
                                   Nonattainment
                                   Areas.
567-22.8........................  Permit by Rule....  5/13/98...........  [5/22/00 and FR
                                                                           cite].
 
*                  *                  *                  *                  *                  *
                                                        *
567-22.203......................  Voluntary           10/14/98..........  [5/22/00 and FR
                                   Operating Permit                        cite].
                                   Applications.
 
*                  *                  *                  *                  *                  *
                                                        *
567-22.300......................  Operating Permit    10/14/98..........  [5/22/00 and FR
                                   by Rule for Small                       cite].
                                   Sources.
 
                                 Chapter 23--Emission Standards for Contaminants
 
567-23.1........................  Emission Standards  10/14/98..........  [5/22/00 and FR     Subrules 23.1(2)-
                                                                           cite].              (5) are not SIP
                                                                                               approved.
567-23.2........................  Open Burning......  5/13/98...........  [5/22/00 and FR
                                                                           cite].
567-23.3........................  Specific            5/13/98...........  [5/22/00 and FR     Subrule 23.3(3)(d)
                                   Contaminants.                           cite].              is not SIP
                                                                                               approved.
 
*                  *                  *                  *                  *                  *
                                                        *
                                          Chapter 24--Excess Emissions
 
567-24.1........................  Excess Emission     5/13/98...........  [5/22/00 and FR
                                   Reporting.                              cite].
 
*                  *                  *                  *                  *                  *
                                                        *
                                      Chapter 25--Measurement of Emissions
 
567-25.1........................  Testing and         12/23/98..........  [5/22/00 and FR
                                   Sampling of New                         cite].
                                   and Existing
                                   Equipment.
 
*                  *                  *                  *                  *                  *
                                                        *
                  Chapter 29--Qualification in Visual Determination of the Opacity of Emissions
 
567-29.1........................  Methodology and     5/13/98...........  [5/22/00 and FR
                                   Qualified                               cite].
                                   Observer.
                                         Chapter 31--Nonattainment Areas
 
 
*                  *                  *                  *                  *                  *
                                                        *
567-31.2........................  Conformity of       5/13/98...........  [5/22/00 and FR
                                   General Federal                         cite].
                                   Actions to the
                                   Iowa SIP or
                                   Federal
                                   Implementation
                                   Plan.
 
*                  *                  *                  *                  *                  *
                                                        *
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[FR Doc. 00-12646 Filed 5-19-00; 8:45 am]
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