Federal Register / Vol. 60, No. 80 / Wednesday, April 26, 1995 / Proposed Rules 20465

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

For the reasons set out in the

preamble, the Coast Guard proposes to

amend 33 CFR part 100 as follows:

PART 100—[AMENDED]

1. The authority citation for part 100

continues to read as follows:

Authority: 33 U.S.C. 1233; 49 CFR 1.46 and

33 CFR 100.35.

2. A permanent section, § 100.109, is

added to read as follows:

§ 100.109 Whatever Festival Hydroplanes,

Augusta, ME.

(a) Regulated Area. This regulated

area provides a 100 yard minimum

safety zone around the race course

coordinates and includes all waters

within the following points:

Latitude Longitude

44°19.01′′ N 069°46.22′′ W

44°19.00′′ N 069°46.18′′ W

44°18.37′′ N 069°46.26′′ W

44°18.36′′ N 069°46.16′′ W

(b) Special Local Regulations.

(1) Commander, U.S. Coast Guard

Group Portland reserves the right to

delay, modify, or cancel the race as

conditions or circumstances require.

(2) No person or vessel may enter,

transit, or remain in the regulated area

during the effective period of regulation

unless participating in the event or

unless authorized by the Coast Guard

patrol commander.

(3) Vessels desiring to transit the river

may do so without Coast Guard

approval as long as the vessel remains

outside the regulated areas at specified

times. No vessel will be allowed to

transit through any portions of the

regulated area during the actual race. In

the event of an emergency, the Coast

Guard patrol commander may authorize

a vessel to transit through the regulated

areas with a Coast Guard designated

escort. Vessels encountering

emergencies which require transit

through the regulated areas should

contact the Coast Guard patrol

commander on VHF Channel 16.

(4) Spectator craft are authorized to

watch the race from any area as long as

they remain outside the designated

regulated areas. There will be no

movement of spectator craft during each

heat of the race. Spectator craft are

expected to remain outside the safety

zone from 10 a.m. to 4 p.m. unless

permission has been granted by the

patrol commander.

(5) All persons and vessels shall

comply with the instructions of the

Commander, U.S. Coast Guard Group

Portland or the designated on-scene

patrol commander. On-scene patrol

personnel include commissioned,

warrant, and petty officers of the U.S.

Coast Guard. Upon hearing five or more

blasts from a U.S. Coast Guard vessel,

the operator of a vessel shall stop

immediately, then proceed as directed.

Members of the Coast Guard Auxiliary

will also be present to inform vessel

operators of this regulation and other

applicable laws.

(c) Effective period. This section will

be effective from 10 a.m. to 4 p.m. on

Saturday, June 24, and from 11 a.m. to

3 p.m. on Sunday, June 25, 1995, and

thereafter annually on the fourth

weekend in June, at the same prescribed

times, unless otherwise specified in the

Coast Guard Local Notice to Mariners

and a notice of the Federal Register.

Dated: April 18, 1995.

J.L. Linnon,

Rear Admiral, U.S. Coast Guard, Commander,

First Coast Guard District.

[FR Doc. 95–10238 Filed 4–25–95; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 70

[OK–001; FRN–5197–3]

Clean Air Act Interim Approval of

Operating Permits Program; Oklahoma

Department of Environmental Quality;

Extension of Comment Period

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule; Extension of the

comment period.

SUMMARY: EPA is extending the

comment period for a proposed rule

published March 10, 1995 (60 FR

13088). On March 10, 1995, EPA

proposed source category-limited

interim approval of the operating

permits program submitted by the State

of Oklahoma. EPA received letters from

the Oklahoma Department of

Environmental Quality (ODEQ), the

Department of the Air Force (Tinker

AFB), and Mobil Exploration &

Producing US Incorporated requesting

an extension of the public comment

period. Therefore, EPA is extending the

comment period until May 10, 1995.

DATES: Comments must be received in

writing on or before May 10, 1995.

ADDRESSES: Written comments on this

action should be addressed to Ms. Jole

C. Luehrs, Chief, New Source Review

Section, at the Environmental Protection

Agency, Region 6, Air Programs Branch

(6T–AN), 1445 Ross Avenue, Suite 700,

Dallas, Texas 75202–2733.

FOR FURTHER INFORMATION CONTACT: Wm.

Nicholas Stone, New Source Review

Section, Environmental Protection

Agency, Region 6, 1445 Ross Avenue,

Suite 700, Dallas, Texas 75202–2733,

telephone 214–665–7226.

Authority: 42 U.S.C. 7401–7671q.

Dated: April 19, 1995.

A. Stanley Meiburg,

Deputy Regional Administrator (6A).

[FR Doc. 95–10246 Filed 4–25–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 70

[AD–FRL–5197–2]

Clean Air Act Proposed Interim

Approval of Operating Permits

Program; State of Iowa

AGENCY: U.S. Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA proposes interim

approval of the Operating Permits

Program submitted by the state of Iowa

for the purpose of complying with

Federal requirements which mandate

that states develop, and submit to EPA,

programs for issuing operating permits

to all major stationary sources, and to

certain other sources.

DATES: Comments on this proposed

action must be received in writing by

May 26, 1995.

ADDRESSES: Comments may be mailed

to: Christopher D. Hess, Environmental

Protection Agency, Air Branch, 726

Minnesota Avenue, Kansas City, Kansas

66101.

FOR FURTHER INFORMATION CONTACT:

Copies of the Iowa submittal and other

supporting information used in

developing the proposed rule are

available for inspection during normal

business hours by contacting

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

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

A. Introduction

As required under Title V of the Clean

Air Act (‘‘the Act’’) as amended (1990),

EPA has promulgated rules which

define the minimum elements of an

approvable state operating permits

program and the corresponding

standards and procedures by which the

EPA will approve, oversee, and

withdraw approval of state operating
20466 Federal Register / Vol. 60, No. 80 / Wednesday, April 26, 1995 / Proposed Rules

permits programs (see 57 FR 32250 (July

21, 1992)). These rules are codified at 40

Code of Federal Regulations (CFR) part

70. Title V requires states to develop,

and submit to EPA, programs for issuing

these operating permits to all major

stationary sources and to certain other

sources.

The Act requires that states develop

and submit these programs to EPA by

November 15, 1993, and that EPA act to

approve or disapprove each program

within one year after receiving the

submittal. The EPA’s program review

occurs pursuant to section 502 of the

Act and the part 70 regulations, which

outline criteria for approval or

disapproval. Where a program

substantially, but not fully, meets the

requirements of part 70, EPA may grant

the program interim approval for a

period of up to two years. If EPA has not

fully approved a program by two years

after the November 15, 1993, date, or by

the end of an interim program, it must

establish and implement a Federal

program.

II. Proposed Action and Implications

A. Analysis of Submission by State

Authority

Introduction. What follows are brief

explanations indicating how the

submittal meets the requirements of Part

70. The reader may consult the

technical support document (TSD) for a

more detailed explanation of these

topics.

1. Support Materials

a. Governor’s Letter. The state of

Iowa’s submittal includes a request for

approval in a cover letter by the

Governor. This request also states that

the entire geography of Iowa will be

covered by this program. The letter

further indicates that the state will not

administer the program on any Indian

lands. Therefore, EPA will retain

jurisdiction over any Indian lands.

b. Regulations. The state of Iowa has

submitted regulations which comprise

the Title V program in Iowa,

Administrative Code (IAC) 567–22.100–

116. The regulations are analyzed in

detail under various topics of the TSD.

Although some rule changes are

required by the state as outlined in other

portions of this notice, the submittal

does not identify any provisions which

restrict the operation of the program and

that would, therefore, prevent proposal

of interim approval of the program by

the EPA. The Iowa Attorney General’s

opinion does note, however, some areas

in which the regulations may not fully

match the Title V requirements. EPA

has analyzed those provisions which do

not clearly match the Title V

requirements, and has provided its

rationale in the TSD for determining

that they are not sufficient to prevent

EPA from proposing interim approval of

the program.

Iowa has submitted evidence,

consistent with the applicable part 70

requirements, that the regulations

comprising the program were properly

adopted by the Environmental

Protection Commission. The submittal

includes a discussion of the public

review and hearing process which the

commission followed in adopting the

rules.

c. Attorney General’s Legal Opinion.

The opinion of the Attorney General

contains the elements required by 40

CFR 70.4(b)(3) and states there is

adequate authority to meet all of the

Title V and Part 70 requirements.

2. Implementation

a. Program Description. A

comprehensive plan for implementing

the Title V program is included in the

submittal. This plan includes program

authority, agency organization, and

staffing. As noted elsewhere in this

notice, EPA’s concerns with the state’s

uncertainty about the exact amount of

personnel and operating permit fees

have resulted in a recommendation for

interim approval.

In other matters related to the

program description, it is noted that an

implementation agreement was not

included in Iowa’s submittal, but the

EPA and the Iowa Department of

Natural Resources (IDNR) are pursuing

its development in anticipation of

interim approval.

Iowa intends to defer for five years

sources that are not major, except for

affected sources and solid waste

incineration units. The state intends to

use a voluntary SIP-based operating

permit program that will capture some

of these non-Title V sources.

The state has elected not to use the

presumptive minimum for its operating

permit fee. Instead, Iowa’s Title V rules

require a flat (without Consumer Price

Index adjustment) $24 to fund the

operating permit program. Thus, a fee

demonstration was submitted by the

state which demonstrates the adequacy

of the proposed $24 fee to cover the

costs of the program.

Since adoption of the rule requiring

$24, the state has elected to collect only

one-half of this amount and will

subsequently determine if the total

amount is necessary to implement the

program and, if so, will collect the

balance of the fee at a later time.

Finally, the state will fund two local

programs (Linn County and Polk

County) to prepare draft Title V permits

and assist in inspections and

compliance activities in their respective

jurisdictions. The IDNR will fund the

programs through a 28E interagency

agreement.

b. Program Implementation. Iowa’s

submittal includes requirements for

permit content, procedures for permit

issuance, renewal, reopenings,

revisions, and for payment of fees by

sources. It further identifies two local

agencies which will participate in the

operating permit program, and contains

a description of the annual compliance

inspections.

The state describes how one-third of

all permit applications will be reviewed

each year for the first three years of the

program. A description of the

computerized permit tracking database

and data management in general is also

provided.

The submittal also indicates that the

guidance outlined for the state

concerning annual inspections, stack

tests, and other compliance measures

will be issued to the two local agencies

in implementing the Title V program.

c. Personnel. In its original

submission of November 15, 1993, Iowa

provided a workload analysis projecting

the need for 73 FTE in the state’s air

bureau, with additional Title V

personnel augmenting the program from

the local permitting agencies. EPA’s

analysis of the state’s workload verified

that this estimate was adequate to

successfully implement the operating

permit program.

However, in a supplemental letter

dated December 6, 1994 (herein

referenced as ‘‘supplemental letter’’),

the state described a decision to hire

only 10 additional personnel in FY–95,

15 in FY–96, and more personnel in

later years. Since the state’s air bureau

currently has approximately 21

personnel, the current staffing plus

modified projections would result in a

total of 46 personnel in contrast to the

73 originally projected.

Since modifying the original

projection in its supplemental letter, the

state has not officially demonstrated to

the EPA that a fully adequate number of

personnel will be hired to implement

the program. The IDNR has presented a

proposal to the Environmental

Protection Commission to increase the

amount of personnel to 61 FTE (instead

of 46), although this has not yet been

approved or officially submitted to EPA

for consideration.

For EPA to propose full approval of

the program when the interim period

expires, the state must either hire

additional personnel to fulfill its

original workload analysis or
Federal Register / Vol. 60, No. 80 / Wednesday, April 26, 1995 / Proposed Rules 20467

demonstrate that successful

implementation of the program may be

accomplished with fewer personnel.

d. Data Management. Iowa specifies

that the Administrator shall receive a

copy of each permit application or

modification application (including any

attachments and compliance plan), each

proposed permit, and each final permit.

This information may be submitted in a

computer-readable format compatible

with the Administrator’s national data

base system.

The state’s submittal describes a

permit tracking data base consistent

with part 70. This permit tracking

system will record all Title V

applications. After issuance of the final

permits, the information from this

tracking system will be used to update

EPA’s Aerometric Information Retrieval

System (AIRS) database. The IDNR will

maintain Title V records for a minimum

of five years. Any claim of

confidentiality requires the source to

submit a copy of such claim directly to

the Administrator.

e. Applicability Provisions. The

program proposed by Iowa defers for

five years sources that are not major

sources, affected sources, or solid waste

incineration units required to obtain a

permit pursuant to section 129(e) of the

Act. This deferral is allowed by

§ 70.3(b)(1) until such time as the

Administrator completes a rulemaking

to determine how the program should

be structured for nonmajor sources. The

Administrator is making this

determination for some new section 112

standards as they are being

promulgated.

In some cases, nonmajor sources

subject to section 112 standards will be

required to obtain Title V permits. Iowa

is proposing revisions to its regulations

to require sources not exempted or

deferred to receive Title V permits,

consistent with Part 70 requirements.

The state exempts from inclusion in

the permit application emission units of

a certain size, emission level, or

production rate if not needed to

determine the applicability of or to

impose any applicable requirements.

This conforms to the provisions of

§ 70.5(c).

The state’s current regulations exempt

sources subject to new source

performance standards for new

residential wood heaters and the

national emission standard for

hazardous air pollutants for asbestos

demolition/renovation activities, which

are located at major sources from being

included in permit applications. In its

supplemental letter, the state has

committed to modify this rule

consistent with Part 70.

f. Permit Content. Iowa’s regulations

require Title V permits to include Part

70 terms and conditions for all

applicable requirements at the time the

permit is issued. These terms include

the permit duration, required

monitoring, and related recordkeeping

and reporting requirements, as required

by § 70.6. Iowa’s regulations also require

the permit to contain a condition

prohibiting emissions exceeding any

allowances that the source lawfully

holds under Title IV of the Act, as

required by § 70.6(a)(4). The regulations

further require that the terms and

conditions of each alternative scenario

meet the requirements of Part 70.

Permits are also required to contain

terms and conditions, if the permit

applicant requests them, for the trading

of emissions increases and decreases at

the facility.

Iowa’s program provides for general

permits and permit shields and meets

all corresponding part 70 requirements.

The program does not include

provisions for temporary sources.

Instead, sources will be required to

obtain a separate part 70 permit for each

location.

Iowa’s program does allow for section

502(b)(10) changes, but requires these

changes to involve an emissions trade.

In its supplemental letter, the state has

committed to modify this rule

consistent with part 70.

Iowa’s regulations do allow for

permits that contain terms and

conditions allowing for the trading of

emissions increases and decreases in the

permitted facility, solely for the purpose

of complying with a Federally

enforceable emissions cap.

g. Permit Applications. Iowa’s

regulations require sufficient

information to be submitted with the

application, in accordance with the

requirements of § 70.5. However, the

EPA has separately notified the state of

needed modifications to the permit

application forms. In several instances,

the state’s rules require information to

be submitted as part of the application

in accordance with 70.5, but the forms

themselves do not request all of this

information.

EPA is therefore proposing approval

of the program in that it meets the

requirement to include standardized

forms, but will continue to request that

the state modify these forms to fully

meet all of the specified requirements.

With respect to specific permit

application criteria, sources are required

to submit permit applications within 12

months after becoming subject to the

permit program or at an earlier date

established under the state operating

permit registry. Applications for permit

renewals are due between six and

eighteen months prior to expiration of

the permit.

Source permit applications must

conform to the standard Iowa

application form, and must contain

information sufficient to allow the IDNR

to determine all applicable requirements

with respect to the applicant. Iowa

regulations also require that an

application be deemed complete within

60 days of receipt unless the IDNR

determines them to be incomplete.

The Iowa regulations further require

that no Title V source may operate after

the time it is required to submit a timely

and complete application, except in

compliance with its Title V permit.

However, an application shield is

applicable if a timely and complete

application is submitted by the source.

This allows the source to continue to

operate without a permit, as long as the

source has submitted any additional

information requested in writing by the

IDNR within the time frame allowed.

h. Permit Issuance. The state’s current

regulations do not require that when a

part 70 permit prohibits construction or

a change in operation, the owner/

operator must obtain a Title V permit

revision before commencing

construction as required by

70.5(a)(1)(ii). However, in its

supplemental letter, the state has agreed

to modify this rule to meet part 70

requirements.

The Iowa regulations require that final

action be taken on complete

applications within 18 months of

submittal of a complete application,

except for initial permit applications

which are subject to the three year

transition plan set forth by the Clean Air

Act Amendments of 1990.

The Iowa rules require submittal of a

complete application, compliance with

public participation procedures,

compliance with notification to affected

states, compliance with all applicable

requirements, and allow for a 45-day

period for EPA objection to a draft

permit.

The Iowa regulations provide for

priority on applications for construction

or modification under an EPA-approved

preconstruction review program.

Furthermore, the Iowa rules do not

affect the requirement that any source

have a preconstruction permit under an

EPA-approved preconstruction review

program. The Iowa program also

provides that permits being renewed are

subject to the same procedural

requirements (including those for public

participation, affected state, and EPA

review) that apply to initial permit

issuance. The Iowa operating permit

program also provides for
20468 Federal Register / Vol. 60, No. 80 / Wednesday, April 26, 1995 / Proposed Rules

administrative amendments, which

meets part 70 requirements.

Permit modification processing

procedures in the Iowa program are

consistent with part 70 requirements as

they provide for the same degree of

permitting authority, EPA and affected

state review, and public participation.

The Iowa program also meets the

Federal minor permit modification

procedures. The Iowa program provides

for promptly sending to EPA any notice

that the IDNR refuses to accept all

recommendations of an affected state

regarding a proposed minor permit

modification. In addition, the Iowa

program provides that the permitting

authority may approve, but may not

issue, a final permit modification until

after EPA’s 45-day review period or

until EPA has notified the permitting

authority that EPA will not object to

issuance, whichever is first.

Significant modification procedures

as defined in the Iowa program also

parallel the Federal program. Iowa has

included provisions which provide that

a permit shall be reopened and revised

when additional requirements become

applicable to a major source with a

remaining permit term of three or more

years. The state also requires that such

a reopening be completed within 18

months after promulgation of the

applicable requirement. In addition, the

Iowa program provides that proceedings

to reopen a permit will follow the same

procedures as apply to initial issuance,

will affect only those parts of the permit

for which cause to reopen exists, and

will ensure reopenings are made as

expeditiously as practicable.

i. Compliance Tracking and

Enforcement. The requirement for a

compliance tracking and enforcement

program has been met by the state.

Compliance tracking will be

accomplished through two means. The

first is monthly entry of compliance and

enforcement information into AIRS. The

second is an ongoing commitment in the

annual section 105 grant workplans to

provide EPA with copies of all

enforcement documents. The

enforcement program will consist of

periodic ‘‘for cause’’ inspections,

followed by any appropriate

enforcement action consistent with the

State/EPA Enforcement Agreement. The

state has demonstrated adequate

enforcement authority consistent with

§ 70.1 to seek injunctive relief, to assess

or sue to recover civil penalties, and to

seek criminal remedies, including fines.

Civil and criminal penalties are

recoverable in a maximum amount of

not less than $10,000 per day.

j. Public Participation, EPA, and

Affected States Review. Iowa’s submittal

ensures that all permit applications are

available to the public. All requirements

are included to ensure that each

interested citizen will be aware of

proposed and final permit actions. This

includes the commitment to keep a

record of proceedings that will allow

citizens to object to a permit up to 60

days after the EPA review period.

Iowa has adopted rules that ensure

mutual review by affected states and the

EPA. The state will not issue a permit

when it is objected to in accordance

with Part 70.8(c).

3. Fee Demonstration

The state’s rules provide for a fee of

$24 per ton per year, which is required

to be reviewed and adjusted as

necessary by the Environmental

Protection Commission annually. Thus,

a detailed fee demonstration was

submitted by the state since this amount

is below the presumptive minimum set

forth in § 70.9(b)(12). The IDNR

provided a list of sources and the

estimated actual and potential

emissions from each source with a

projected total revenue. This estimate

adequately covers the program’s

anticipated operating costs if the $24 fee

is maintained. If this fee is reduced, a

revised demonstration will be required

from the state.

The state is also required by § 70.9(d)

to provide an initial accounting of how

required fee revenues are to be used

solely to cover the costs of meeting the

various functions of the permitting

program. IAC § 455.133B provides that

any Title V fees collected shall be

deposited in an air contaminant source

fund. This provision further states that

these fees ‘‘shall be used solely to defray

the costs related to the permit,

monitoring, and inspection program,

including the small business stationary

source technical and environmental

compliance assistance program required

pursuant to the Federal Clean Air Act

Amendments of 1990, sections 502 and

507.’’ The State Auditor will also audit

the program according to the

supplemental letter.

Section 70.4(b)(8)(v) requires the

permitting authority to submit an

estimate of the permit program costs for

the first four years after approval, and a

description of how the state plans to

cover those costs. The IDNR provided

an estimate that adequately satisfies the

four-year projection requirement if the

$24 fee is maintained. A new forecast

will be required if the fee is reduced.

4. Provisions Implementing the

Requirements of Other Titles of the Act

a. Acid rain. The legal requirements

for approval under the Title V operating

permits program for a Title IV program

were cited in EPA guidance distributed

on May 21, 1993, entitled ‘‘Title V—

Title IV Interface Guidance for States.’’

Iowa has met the five major criteria of

this guidance which include legal

authority, regulatory authority, forms,

regulatory revisions, and a commitment

to acid rain deadlines. Iowa developed

acid rain rules based on a model state

acid rain rule described in guidance

issued by the EPA in May 1993.

The EPA’s Acid Rain Division has

identified necessary rule changes in its

January 27, 1994, review of the state’s

program. The state has committed to

make these changes in its supplemental

letter.

b. Section 112. The state has

demonstrated adequate authority to

adopt section 112 standards and other

requirements in a timely manner. The

specific Title V program approval

criteria with respect to section 112

provisions are enumerated in a

memorandum from John Seitz, Office of

Air Quality Planning and Standards,

dated April 13, 1993. Iowa has met

these criteria as described in the

following topics:

(1) Section 112(d), (f), and (h).—EPA

Emissions Standards. In accordance

with Part 70, Iowa will not issue any

permit (or permit revision addressing

any emissions unit subject to a newly

promulgated section 112 standard)

unless it would ensure compliance with

all applicable section 112 standards.

Additionally, Part 70 permits will be

reopened which have three or more

years remaining before their expiration

date to incorporate any newly

promulgated standard (section

70.7(f)(1)(i)).

(2) Section 112(g)—The EPA has

issued an interpretive notice on

February 14, 1995 (60 FR 8333), which

outlines EPA’s revised interpretation of

112(g) applicability. The notice

postpones the effective date of 112(g)

until after EPA has promulgated a rule

addressing that provision. The notice

sets forth in detail the rationale for the

revised interpretation.

The section 112(g) interpretive notice

explains that EPA is still considering

whether the effective date of section

112(g) should be delayed beyond the

date of promulgation of the Federal rule

so as to allow states time to adopt rules

implementing the Federal rule, and that

EPA will provide for any such

additional delay in the final section

112(g) rulemaking. Unless and until

EPA provides for such an additional

postponement of section 112(g), Iowa

must have a Federally enforceable

mechanism for implementing section

112(g) during the period between
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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