Federal Register / Vol. 60, No. 80 / Wednesday, April 26, 1995 / Proposed Rules 20469

promulgation of the Federal section

112(g) rule and adoption of

implementing Federal regulations.

The EPA is aware that Iowa lacks a

program designed specifically to

implement section 112(g). However,

Iowa has proposed rule 22.3(6) that

gives the state authority to limit

emissions of HAPs. Iowa may use this

authority to establish case-by-case

MACTs as needed for the review of new

or modifed hazardous air pollutant

sources until such time as they adopt

112(g).

(3) Section 112(i)(5)—Early

Reductions. Since the state has elected

not to adopt the November 29, 1992,

early reduction rule by reference, the

state will need to submit a delegation

request and demonstration, pursuant to

40 CFR Part 63, Subpart E, in order for

EPA to delegate authority to the state for

implementation and enforcement of the

Federal early reduction program.

(4) Section 112(j)—Case-by-case

MACT Hammer. It is the agency’s intent

to make case-by-case MACT

determinations and to issue permits to

subject sources in accordance with the

112(j) requirements.

(5) Section 112(l)—State Air Toxics

Programs. Requirements for approval,

specified in 40 CFR § 70.4(b),

encompass section 112(l)(5) approval

requirements for delegation of section

112 standards as promulgated by EPA as

they apply to part 70 sources. Section

112(l)(5) requires that the state’s

program contain adequate authorities,

adequate resources for implementation,

and an expeditious compliance

schedule, which are also requirements

under part 70. Therefore, the EPA is

proposing to grant approval under

section 112(l)(5) and 40 CFR part 63.91

to Iowa for its program mechanism for

receiving delegation of all existing and

future section 112(d) standards for both

part 70 and non-part 70 sources, and

section 112 infrastructure programs, that

are unchanged from Federal rules as

promulgated. In addition, EPA is also

proposing delegation of all existing

standards and programs under CFR

parts 61 and 63 for part 70 and non-part

70 sources.

Iowa has informed the EPA that it

intends to accept delegation of section

112 standards through adoption by

reference. The details of this delegation

mechanism will be set forth in an

implementation agreement between the

state and EPA, to be implemented upon

program approval.

(6) Section 112(r)—Accidental Release

Plans. The agency has provided for the

section 112(r) requirements in its rules.

These rules specifically state that if any

source is required to develop and

register a risk management plan, the

permit shall state the requirement for

submission of the plan to the IDNR.

This rule also requires that an annual

certification be filed with the IDNR that

the plan is being properly implemented.

Finally, for sources failing to make the

required risk management plan

submittal, Iowa rule 22.105(2)h(3)2

states that the permit application shall

include a compliance schedule for

sources that are not in compliance with

all applicable requirements at the time

of permit issuance.

B. Options for Approval/Disapproval

and Implications

The EPA is proposing to grant interim

approval for two years to the operating

permits program submitted by the state

of Iowa on November 15, 1993. In order

to receive full approval, the state must

adopt and submit to the EPA the rule

changes identified above within 18

months of receiving full approval.

Specifically, the state must amend the

following rules for consistency with part

70:

(1) IAC § 22.101 pertaining to

nonmajor sources which are not

exempted from future section 112

standards;

(2) IAC § 22.102 and § 103 pertaining

to insignificant activities and exempt

sources;

(3) IAC § 22.105 pertaining to permit

revisions prior to commencing

construction;

(4) IAC § 22.110 pertaining to section

502(b)(10) changes.

The state must also finalize its

operating permit fee and submit a

revised fee demonstration as necessary.

And, the state must either hire the

originally forecasted amount of

personnel to implement the Title V

program or provide a revised workload

analysis that adequately describes how

the program may be successfully

implemented with fewer personnel.

Finally, the state must correct its acid

rain regulations to be consistent with

EPA’s rules as discussed in the

technical support document.

Requirements for approval, specified

in 40 CFR § 70.4(b), encompass section

112(l)(5) approval requirements for

delegation of section 112 standards as

promulgated by EPA as they apply to

part 70 sources. Section 112(l)(5)

requires that the Iowa program contain

adequate authorities, adequate resources

for implementation, and an expeditious

compliance schedule, which are also

requirements under part 70. Therefore,

the EPA is also proposing to grant

approval, under section 112(l)(5) and 40

CFR 63.91, to Iowa for its program

mechanism for receiving delegation of

all existing and future section 112(d)

standards for both part 70 and non-part

70 sources, and infrastructure programs

under section 112 that are unchanged

from Federal rules as promulgated. In

addition, EPA proposes to delegate

existing standards under 40 CFR parts

61 and 63 for both part 70 and non-part

70 sources.

The scope of Iowa’s part 70 program

that EPA proposes to approve in this

notice would apply to all part 70

sources as defined in the approved

program within Iowa.

III. Administrative Requirements

A. Request for Public Comments

Copies of Iowa’s submittal and other

information relied upon for the

proposed interim approval are

contained in a docket maintained at the

EPA Regional Office. The docket is an

organized and complete file of all the

information submitted to, or otherwise

considered by, EPA in the development

of this proposed rulemaking. The docket

is available for public inspection at the

location listed under the ADDRESSES

section of this document.

B. Executive Order 12866

The Office of Management and Budget

has exempted this action from Executive

Order 12866 review.

C. Regulatory Flexibility Act

EPA’s actions under section 502 of the

Act do not create any new requirements,

but simply address operating permits

programs submitted to satisfy the

requirements of 40 CFR Part 70. Because

this action does not impose any new

requirements, it does not have a

significant impact on a substantial

number of small entities.

IV. Miscellaneous

A. Proposed Rulemaking Action

List of Subjects in 40 CFR Part 70

Environmental protection, Air

pollution control, Intergovernmental

relations, Operating permits, Reporting

and recordkeeping requirements.

Authority: 42 U.S.C. 7401–7671q.

Dated: April 3, 1995.

Dennis Grams,

Regional Administrator.

[FR Doc. 95–10244 Filed 4–25–95; 8:45 am]

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