[Federal Register Volume 62, Number 205 (Thursday, October 23, 1997)]
[Rules and Regulations]
[Pages 55172-55173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28144]


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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.

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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

[[Page 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:


Sec. 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]
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