55172 Federal Register / Vol. 62, No. 205 / Thursday, October 23, 1997 / Rules and Regulations

to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

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

General Accounting Office

Under section 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted 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 General Accounting

Office prior to publication of the rule in

this Federal Register. This rule is not a

‘‘major rule’’ as defined by section

804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Act,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by December 22, 1997. 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.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Intergovernmental relations, Reporting

and record-keeping requirements.

Dated: October 9, 1997.

David A. Ullrich,

Acting Regional Administrator.

Parts 52 of chapter I, title 40 of the

Code of Federal Regulations are

amended as follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart Y—Minnesota

2. Section 52.1237 is amended by

adding paragraph (b) to read as follows:

§ 52.1237 Control strategy: Carbon

monoxide.

* * * * *

(b) Approval—The 1993 carbon

monoxide periodic emission inventory

requirement of section 187(a)(5) of the

Clean Air Act, as amended in 1990, has

been satisfied for the following areas:

the counties of the Twin cities seven

county Metropolitan area (Anoka,

Carver, Dakota, Hennepin, Ramsey,

Scott, and Washington), and Wright.

[FR Doc. 97–28138 Filed 10–22–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IA 016–1016; FRL–5912–6]

Approval and Promulgation of

Implementation Plans and Approval

Under Section 112(l); State of Iowa

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: The EPA is taking final action

on a proposed rulemaking published

July 29, 1996 (61 FR 39375). This final

action includes provisions related to

open burning, new source review

requirements in nonattainment areas,

and test method and definition updates.

DATES: This rule is effective on

November 24, 1997.

ADDRESSES: 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.

FOR FURTHER INFORMATION CONTACT:

Christopher D. Hess at (913) 551–7213.

SUPPLEMENTARY INFORMATION: During the

public comment period of the proposed

rulemaking published July 29, 1996 (61

FR 39375), and closing August 28, 1996,

the EPA did not receive any comments.

However, a notice reopening the public

comment period was published on

September 17, 1996 (61 FR 48873),

requested by interested persons who

desired more time to address the

construction permit exemption

provisions contained in the original July

29, 1996, proposed rulemaking. During

the reopened public comment period,

the EPA received one comment from the

state of Iowa. The nature of this

comment was to request an additional

revision to the State Implementation

Plan (SIP) concerning the construction

permit exemptions. In correspondence

dated September 27, 1996, the Director

of the Iowa Department of Natural

Resources, Larry J. Wilson, requested a

revision to the SIP that would allow

retroactive application of the

construction permit exemptions

proposed for approval in the July 29,

1996, notice.

After careful analysis, the EPA has

elected to address approval of the minor

source construction permit exemptions

and the request for retroactive approval

in a separate rulemaking at a later date.

The EPA has analyzed this rule to

determine that it has no impact on the

other rule revisions that were proposed

for approval in the July 29, 1996,

proposal. Therefore, the EPA can take

action on the other rule revisions at this

time, and take a separate action on the

exemption rule.

In this final rulemaking, the EPA is

approving those portions of the original

proposal that include amendments to

the Iowa open burning rule, a permit by

rule provision for spray booths,

revisions to Iowa’s major new source

permit rule for nonattainment areas, a

revised definition of ‘‘volatile organic

compounds,’’ and updates to Iowa’s

compliance sampling test methods. The

EPA’s rationale for approval of these

revisions is contained in the July 29,

1996, notice previously described, and

no comments were received on the

proposed approval of these revisions.

Furthermore, the EPA has determined

that the permit by rule for spray booths

contained in IAC 567–22.8(1) meets the

requirements regarding limitations on

potential to emit (PTE) under section

112(l). Therefore, insofar as the rule

applies to hazardous air pollutants, it is

approved under section 112(l) as well as

section 110 of the Act. The EPA is also

approving IAC rule 567–22.3(6) which

limits PTE for new sources under

section 112(l).

I. Final Action

The EPA is taking final action on the

revisions described in the July 29, 1996,

proposed rulemaking regarding the

permit by rule provision for spray

booths, open burning, new source

review requirements in nonattainment

areas, and definition and test method

updates.

The permit by rule for spray booths is

approved under both section 110 for

criteria pollutants as well as under

section 112(l) as it relates to hazardous

air pollutants. The EPA is also

approving the IAC rule 567–22.3(6)

which limits PTE for new sources under

112(l).

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
Federal Register / Vol. 62, No. 205 / Thursday, October 23, 1997 / Rules and Regulations 55173

factors, and in relation to relevant

statutory and regulatory requirements.

II. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

has exempted this regulatory action

from Executive Order 12866 review.

B. 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

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.

C. Regulatory Flexibility Act

SIP approvals under section 110 and

subchapter I, Part D of the Clean Air Act

(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 impose

any new requirements, the

Administrator certifies that it does not

have a significant impact on any small

entities affected. Moreover, due to the

nature of the Federal-state relationship

under the CAA, preparation of a

regulatory 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 (S.Ct.

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

D. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, the

EPA submitted 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 General Accounting

Office prior to publication of this rule in

today’s 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 December 22, 1997. 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: September 25, 1997.

Dennis Grams, P.E.,

Regional Administrator.

Part 52, 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. 7401–7671q.

Subpart Q—Iowa

2. Section 52.820 is amended by

adding paragraph (c)(64) to read as

follows:

§ 52.820 Identification of plan.

* * * * *

(c) * * *

(64) In correspondence dated

February 16, 1996, February 19, 1996,

and February 27, 1996, the Director of

the Iowa Department of Natural

Resources (IDNR) submitted revisions to

the State Implementation Plan

concerning open burning, new source

review (NSR) requirements for

nonattainment areas, test method and

definition updates.

(i) Incorporation by reference.

(A) ‘‘Iowa Administrative Code,’’

section 567–22.8(1), effective July 12,

1995, containing a permit by rule for

spray booths.

(B) ‘‘Iowa Administrative Code,’’

sections 567–23.2(3); 23.2(4), effective

April 19, 1995, addressing open

burning.

(C) ‘‘Iowa Administrative Code,’’

sections 567–22.5 (2)–(6), (8)–(10),

effective March 20, 1996. These rules

address NSR requirements in

nonattainment areas.

(D) ‘‘Iowa Administrative Code,’’

sections 567–20.2; 22.4(1); and 25.1(9),

effective July 12, 1995. These rules

address test method and definition

updates.

(E) ‘‘Iowa Administrative Code,’’

section 567–31.1, effective February 22,

1995. This rule addresses permit

requirements relating to nonattainment

areas.

(ii) Additional material.

(A) Letter dated July 11, 1997, from

Pete Hamlin, IDNR, to Wayne

Leidwanger, EPA, requesting approval

under 112(l).

[FR Doc. 97–28144 Filed 10–22–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 81

[KY95–9722a; IN82a–1; FRL–5901–2]

Clean Air Act Promulgation of

Extension of Attainment Date for

Ozone Nonattainment Area; Kentucky;

Indiana

AGENCY: Environmental Protection

Agency (USEPA).

ACTION: Direct final rule.

SUMMARY: The U.S. Environmental

Protection Agency (USEPA) is extending

the attainment date for the Louisville

interstate moderate ozone

nonattainment area from November 15,

1996, to November 15, 1997. This

extension is based in part on monitored

air quality readings for the national

ambient air quality standard (NAAQS)

for ozone during 1996. Accordingly,

USEPA is revising the table in the Code

of Federal Regulations concerning ozone

attainment dates in this area. In this

action, USEPA is approving the States’

request through a ‘‘direct final’’

rulemaking; the rationale for this