Rule: Air Programs Approval and Promulgation State Plans For Designated Facilities and Pollutants: Iowa

Federal Register / Vol. 72, No.
199 / Tuesday, October 16, 2007 / Rules and Regulations 58535
ENVIRONMENTAL PROTECTION or otherwise protected. The http:// Have the requirements for approval of a SIP
AGENCY www.regulations.gov web site is an revision and a Part 70 revision been met?
‘‘anonymous access’’ system, which What action is EPA taking?
40 CFR Parts 52 and 70 means EPA will not know your identity What is a SIP?
or contact information unless you
[EPA–R07–OAR–2007–0718; FRL–8483–1] Section 110 of the Clean Air Act
provide it in the body of your comment.
If you send an e-mail comment directly (CAA) requires states to develop air
Approval and Promulgation of State
to EPA without going through http:// pollution regulations and control
Implementation Plans and Operating
www.regulations.gov, your e-mail strategies to ensure that state air quality
Permits Program; State of Iowa
address will be automatically captured meets the national ambient air quality
AGENCY: Environmental Protection and included as part of the comment standards established by EPA. These
Agency (EPA). that is placed in the public docket and ambient standards are established under
ACTION: Direct final rule. made available on the Internet. If you section 109 of the CAA, and they
submit an electronic comment, EPA currently address six criteria pollutants.
SUMMARY: EPA is approving revisions to recommends that you include your These pollutants are: Carbon monoxide,
the Iowa State Implementation Plan name and other contact information in nitrogen dioxide, ozone, lead,
(SIP) and Operating Permits Program the body of your comment and with any particulate matter, and sulfur dioxide.
submitted by the state of Iowa. These disk or CD–ROM you submit. If EPA Each state must submit these
revisions update and clarify various cannot read your comment due to regulations and control strategies to us
rules and make minors revisions and technical difficulties and cannot contact for approval and incorporation into the
corrections. Approval of these revisions you for clarification, EPA may not be Federally-enforceable SIP. Each
will ensure consistency between the able to consider your comment. Federally-approved SIP protects air
state and Federally-approved rules, and Electronic files should avoid the use of quality primarily by addressing air
ensure Federal enforceability of the special characters, any form of pollution at its point of origin. These
State’s revised air program rules. encryption, and be free of any defects or SIPs can be extensive, containing state
DATES: This direct final rule will be viruses. regulations or other enforceable
effective December 17, 2007, without Docket: All documents in the documents and supporting information
further notice, unless EPA receives electronic docket are listed in the such as emission inventories,
adverse comment by November 15, http://www.regulations.gov index. monitoring networks, and modeling
2007. If adverse comment is received, Although listed in the index, some demonstrations.
EPA will publish a timely withdrawal of information is not publicly available,
i.e., CBI or other information whose What is the Federal approval process
the direct final rule in the Federal for a SIP?
Register informing the public that the disclosure is restricted by statute.
rule will not take effect. Certain other material, such as In order for state regulations to be
ADDRESSES: Submit your comments,
copyrighted material, is not placed on incorporated into the Federally-
identified by Docket ID No. EPA–R07– the Internet and will be publicly enforceable SIP, states must formally
OAR–2007–0718, by one of the available only in hard copy form. adopt the regulations and control
following methods: Publicly available docket materials are strategies consistent with state and
1. http://www.regulations.gov. Follow available either electronically in http:// Federal requirements. This process
the on-line instructions for submitting www.regulations.gov or in hard copy at generally includes a public notice,
comments. the Environmental Protection Agency, public hearing, public comment period,
2. E-mail: Hamilton.heather@epa.gov. Air Planning and Development Branch, and a formal adoption by a state-
3. Mail: Heather Hamilton, 901 North 5th Street, Kansas City, authorized rulemaking body.
Environmental Protection Agency, Air Kansas 66101. The Regional Office’s Once a state rule, regulation, or
Planning and Development Branch, 901 official hours of business are Monday control strategy is adopted, the state
North 5th Street, Kansas City, Kansas through Friday, 8 to 4:30 excluding submits it to us for inclusion into the
66101. Federal holidays. The interested persons SIP. We must provide public notice and
4. Hand Delivery or Courier: Deliver wanting to examine these documents seek additional public comment
your comments to Heather Hamilton, should make an appointment with the regarding the proposed Federal action
Environmental Protection Agency, Air office at least 24 hours in advance. on the state submission. If adverse
Planning and Development Branch, 901 FOR FURTHER INFORMATION CONTACT: comments are received, they must be
North 5th Street, Kansas City, Kansas Heather Hamilton at (913) 551–7039, or addressed prior to any final Federal
66101. by e-mail at Hamilton.heather@epa.gov. action by us.
Instructions: Direct your comments to SUPPLEMENTARY INFORMATION: All state regulations and supporting
Docket ID No. EPA–R07–OAR–2007– Throughout this document whenever information approved by EPA under
0718. EPA’s policy is that all comments ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean section 110 of the CAA are incorporated
received will be included in the public EPA. This section provides additional into the Federally-approved SIP.
docket without change and may be information by addressing the following Records of such SIP actions are
made available online at http:// questions: maintained in the Code of Federal
www.regulations.gov, including any What is a SIP? Regulations (CFR) at title 40, part 52,
personal information provided, unless What is the Federal approval process for a entitled ‘‘Approval and Promulgation of
the comment includes information SIP? Implementation Plans.’’ The actual state
claimed to be Confidential Business What does Federal approval of a state regulations which are approved are not
regulation mean to me?
pwalker on PROD1PC71 with RULES
Information (CBI) or other information reproduced in their entirety in the CFR

What is the Part 70 operating permits
whose disclosure is restricted by statute. program? outright but are ‘‘incorporated by
Do not submit through http:// What is the Federal approval process for an reference,’’ which means that we have
www.regulations.gov or e-mail operating permits program? approved a given state regulation with
information that you consider to be CBI What is being addressed in this document? a specific effective date.
VerDate Aug<31>2005 16:19 Oct 15, 2007 Jkt 214001 PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 E:\FR\FM\16OCR1.SGM 16OCR1
58536 Federal Register / Vol. 72, No. 199 / Tuesday, October 16, 2007 / Rules and Regulations
What does Federal approval of a state adoption by a state-authorized Have the requirements for approval of
regulation mean to me? rulemaking body. a SIP revision and a Part 70 revision
Enforcement of the state regulation Once a state rule, regulation, or been met?
before and after it is incorporated into control strategy is adopted, the state The state submittal has met the public
the Federally-approved SIP is primarily submits it to us for inclusion into the notice requirements for SIP submissions
a state responsibility. However, after the approved operating permits program. in accordance with 40 CFR 51.102. The
regulation is Federally approved, we are We must provide public notice and seek submittal also satisfied the
authorized to take enforcement action additional public comment regarding completeness criteria of 40 CFR part 51,
against violators. Citizens are also the proposed Federal action on the state appendix V. In addition, as explained
offered legal recourse to address submission. If adverse comments are above and in more detail in the
violations as described in section 304 of received, they must be addressed prior technical support document which is
the CAA. to any final Federal action by us. part of this docket, these revisions meet
All state regulations and supporting the substantive SIP requirements of the
What is the Part 70 operating permits
information approved by EPA under CAA, including section 110 and
program?
section 502 of the CAA, including implementing regulations. These
The CAA Amendments of 1990 revisions to the state program, are revisions are minor clarifications,
require all states to develop operating included in the Federally-approved updates, and corrections which do not
permits programs that meet certain operating permits program. Records of affect the stringency of existing
Federal criteria. In implementing this such actions are maintained in the CFR requirements. These revisions are also
program, the states are to require certain at Title 40, part 70, appendix A, entitled consistent with applicable EPA
sources of air pollution to obtain ‘‘Approval Status of State and Local requirements in Title V of the CAA and
permits that contain all applicable Operating Permits Programs.’’ 40 CFR Part 70.
requirements under the CAA. One
purpose of the part 70 operating permits What is being addressed in this What action is EPA taking?
program is to improve enforcement by document? EPA is approving these revisions
issuing each source a single permit that EPA is approving the State submitted by Iowa on April 26, 2007, to
consolidates all of the applicable CAA Implementation Plan (SIP) revisions update the SIP and the Iowa Operating
requirements into a Federally- submitted by the state of Iowa which Permits Program to include minor
enforceable document. By consolidating include minor revisions to various rules. revisions and updates. We are
all of the applicable requirements for a The state of Iowa periodically makes processing this action as a direct final
facility into one document, the source, minor revisions that are included under action because the revisions make
the public, and the permitting its general rulemaking and are typically routine changes to the existing rules
authorities can more easily determine processed twice a year. The revisions which are noncontroversial. We do not
what CAA requirements apply and how are described as follows: anticipate any adverse comments.
compliance with those requirements is Please note that if EPA receives adverse
With regard to Iowa’s variance
determined. comment on part of this rule and if that
provision in subrule 21.2(4)‘‘c’’ of the
Sources required to obtain an part can be severed from the remainder
Iowa Administrative Code (IAC), the
operating permit under this program of the rule, EPA may adopt as final
Iowa Department of Natural Resources
include ‘‘major’’ sources of air pollution those parts of the rule that are not the
added language to clarify the Prevention
and certain other sources specified in subject of an adverse comment.
of Significant Deterioration (PSD)
the CAA or in our implementing
requirements for which they may not Statutory and Executive Order Reviews
regulations. For example, all sources
grant a variance and referenced the new Under Executive Order 12866 (58 FR
regulated under the acid rain program,
chapter in the Iowa Administrative 51735, October 4, 1993), this action is
regardless of size, must obtain permits.
Code that addresses PSD requirements. not a ‘‘significant regulatory action’’ and
Examples of major sources include
The revision clarifies that variances therefore is not subject to review by the
those that emit 100 tons per year or
cannot be issued to sources seeking Office of Management and Budget. For
more of volatile organic compounds,
permit limits on their potential this reason, this action is also not
carbon monoxide, lead, sulfur dioxide,
emissions in order to avoid major source subject to Executive Order 13211,
nitrogen dioxide, or PM10; those that
permitting requirements. In other ‘‘Actions Concerning Regulations That
emit 10 tons per year of any single
words, a variance cannot be issued to a Significantly Affect Energy Supply,
hazardous air pollutant (HAP)
source seeking a synthetic minor permit. Distribution, or Use’’ (66 FR 28355, May
(specifically listed under the CAA); or
those that emit 25 tons per year or more Revisions were made to subrules 22, 2001). This action merely approves
of a combination of HAPs. 22.201(2) and 22.300(3) which address state law as meeting Federal
Revision to the state operating permits applicability of Iowa’s synthetic minor requirements and imposes no additional
program are also subject to public permit program. The revisions correct requirements beyond those imposed by
notice, comment, and our approval. cross references to the state’s rules for state law. Accordingly, the
Title V permits, Acid Rain permits and Administrator certifies that this action
What is the Federal approval process permits by rule for small sources. These will not have a significant economic
for an operating permits program? changes apply to the SIP and Iowa’s impact on a substantial number of small
In order for state regulations to be operating permits program. entities under the Regulatory Flexibility
included in the Federally-enforceable Revisions were made to Chapter 25 of Act (5 U.S.C. 601 et seq.). Because this
Title V operating permits program, the IAC, relating to emissions action approves pre-existing
states must formally adopt regulations monitoring methods, to update requirements under state law and does
consistent with state and Federal references to Federal reference methods not impose any additional enforceable
requirements. This process generally and performance standards. These duty beyond that required by state law,
includes a public notice, public hearing, changes apply to SIP monitoring it does not contain any unfunded
public comment period, and a formal requirements. mandate or significantly or uniquely
Federal Register / Vol. 72, No. 199 / Tuesday, October 16, 2007 / Rules and Regulations 58537
affect small governments, as described submission, to use VCS in place of a or action. This action may not be
in the Unfunded Mandates Reform Act state submission that otherwise satisfies challenged later in proceedings to
of 1995 (Pub. L. 104–4). the provisions of the CAA. Thus, the enforce its requirements. (See section
This action also does not have tribal requirements of section 12(d) of the 307(b)(2).)
implications because it will not have a National Technology Transfer and
substantial direct effect on one or more List of Subjects
Advancement Act of 1995 (15 U.S.C.
Indian tribes, on the relationship 272 note) do not apply. This action does 40 CFR Part 52
between the Federal Government and not impose an information collection
Indian tribes, or on the distribution of Environmental protection, Air
burden under the provisions of the
power and responsibilities between the pollution control, Carbon monoxide,
Paperwork Reduction Act of 1995 (44
Federal Government and Indian tribes, Intergovernmental relations, Lead,
U.S.C. 3501 et seq.).
as specified by Executive Order 13175 The Congressional Review Act, 5 Nitrogen dioxide, Ozone, Particulate
(65 FR 67249, November 9, 2000). This U.S.C. 801 et seq., as added by the Small matter, Reporting and recordkeeping
action also does not have Federalism Business Regulatory Enforcement requirements, Sulfur oxides, Volatile
implications because it does not have Fairness Act of 1996, generally provides organic compounds.
substantial direct effects on the States, that before a rule may take effect, the 40 CFR Part 70
on the relationship between the national agency promulgating the rule must
government and the States, or on the submit a rule report, which includes a Administrative practice and
distribution of power and copy of the rule, to each House of the procedure, Air pollution control,
responsibilities among the various Congress and to the Comptroller General Intergovernmental relations, Operating
levels of government, as specified in of the United States. EPA will submit a permits, Reporting and recordkeeping
Executive Order 13132 (64 FR 43255, report containing this rule and other requirements.
August 10, 1999). This action merely required information to the U.S. Senate, Dated: October 5, 2007.
approves a state rule implementing a the U.S. House of Representatives, and William Rice,
Federal standard, and does not alter the the Comptroller General of the United Acting Regional Administrator, Region 7.
relationship or the distribution of power States prior to publication of the rule in
and responsibilities established in the ■ Chapter I, title 40 of the Code of
the Federal Register.
CAA. This action also is not subject to A major rule cannot take effect until Federal Regulations is amended as
Executive Order 13045, ‘‘Protection of 60 days after it is published in the follows:
Children from Environmental Health Federal Register. This action is not a PART 52—[AMENDED]
Risks and Safety Risks’’ (62 FR 19885, ‘‘major rule’’ as defined by 5 U.S.C.
April 23, 1997), because it approves a 804(2). ■ 1. The authority citation for part 52
state rule implementing a Federal Under section 307(b)(1) of the Clean continues to read as follows:
standard. Air Act, petitions for judicial review of Authority: 42 U.S.C. 7401 et seq.
In reviewing state submissions, EPA’s this action must be filed in the United
role is to approve state choices, States Court of Appeals for the Subpart Q—Iowa
provided that they meet the criteria of appropriate circuit by December 17,
the CAA. In this context, in the absence 2007. Filing a petition for ■ 2. In § 52.820 the table in paragraph
of a prior existing requirement for the reconsideration by the Administrator of (c) is amended by revising entries for
State to use voluntary consensus this final rule does not affect the finality 567–21.2, 567–22.201, 567–22.300, and
standards (VCS), EPA has no authority of this rule for the purposes of judicial 567–25.1, to read as follows:
to disapprove a state submission for review nor does it extend the time
failure to use VCS. It would thus be within which a petition for judicial § 52.820 Identification of plan.
inconsistent with applicable law for review may be filed, and shall not * * * * *
EPA, when it reviews a state postpone the effectiveness of such rule (c) * * *
EPA.-APPROVED IOWA REGULATIONS

State effective
Iowa citation Title EPA approval date Explanation
date
Iowa Department of Natural Resources Environmental Protection Commission [567]
* * * * * * *
Chapter 21—Compliance
* * * * * * *
567–21.2 ..... Variances ........................................................ 04/04/07 10/16/07 [insert FR page number where the
document begins].
* * * * * * *
Chapter 22—Controlling Pollution
58538 Federal Register / Vol. 72, No. 199 / Tuesday, October 16, 2007 / Rules and Regulations
EPA.-APPROVED IOWA REGULATIONS—Continued

State effective
Iowa citation Title EPA approval date Explanation
date
* * * * * * *
567–22.201 Eligibility for Voluntary Operating Permits ...... 04/04/07 10/16/07 [insert FR page number where the
document begins].
* * * * * * *
567–22.300 Operating Permit by Rule for Small Sources 04/04/07 10/16/07 [insert FR page number where the
document begins].
* * * * * * *
Chapter 25—Measurement of Emissions
567–25.1 ..... Testing and Sampling of New and Existing 04/04/07 10/16/07 [insert FR page number where the
Equipment. document begins].
* * * * * * *
* * * * * ENVIRONMENTAL PROTECTION Murray County Area that contains the

AGENCY new 2018 motor vehicle emission
PART 70—[AMENDED] budgets (MVEBs) for nitrogen oxides
40 CFR Parts 52 and 81 (NOX) and volatile organic compounds
■ 3. The authority citation for Part 70 [EPA–R04–OAR–2007–0549–200742; FRL– (VOCs). Through this action, EPA is also
continues to read as follows: 8482–4] finding the 2018 MVEBs adequate for
the purposes of transportation
Authority: 42 U.S.C. 7401 et seq.
Approval and Promulgation of conformity.
■ 4. Appendix A to Part 70 is amended Implementation Plans and Designation DATES: Effective Date: This rule will be
by adding paragraph (i) under ‘‘Iowa’’ to of Areas for Air Quality Planning effective November 15, 2007.
read as follows: Purposes; Georgia: Redesignation of ADDRESSES: EPA has established a
Murray County, GA, 8-Hour Ozone docket for this action under Docket
Appendix A to Part 70—Approval Nonattainment Area to Attainment for Identification No. EPA–R04–OAR–
Status of State and Local Operating Ozone 2007–0549. All documents in the docket
Permits Programs are listed on the www.regulations.gov
AGENCY: Environmental Protection
* * * * * Agency (EPA). Web site. Although listed in the index,
Iowa ACTION: Final rule.
some information is not publicly
* * * * * available, i.e., Confidential Business
(i) The Iowa Department of Natural SUMMARY: EPA is taking final action to Information or other information whose
Resources submitted for program approval approve a request submitted on June 15, disclosure is restricted by statute.
rules 567–22.105(2), 567–22.106(6), 567– 2007, from the State of Georgia, through Certain other material, such as
22.201(2), 567–22.300(3) on April 19, 2007. the Georgia Environmental Protection copyrighted material, is not placed on
The state effective date was April 4, 2007. Division (EPD), to redesignate the the Internet and will be publicly
These revisions to the Iowa program are Murray County 8-hour ozone available only in hard copy form.
approved effective December 17, 2007. nonattainment area to attainment for the Publicly available docket materials are
8-hour ozone National Ambient Air available either electronically through
* * * * *
Quality Standard (NAAQS). The Murray www.regulations.gov or in hard copy at
[FR Doc. E7–20378 Filed 10–15–07; 8:45 am] the Regulatory Development Section,
County 8-hour nonattainment ozone
BILLING CODE 6560–50–P
area is a partial county area, comprised Air Planning Branch, Air, Pesticides and
of the portion of Murray County that Toxics Management Division, U.S.
makes up the Chattahoochee National Environmental Protection Agency,
Forest (Murray County Area). EPA’s Region 4, 61 Forsyth Street, SW.,
approval of the redesignation request is Atlanta, Georgia 30303–8960. EPA
based on the determination that the requests that if at all possible, you
Murray County Area has met the criteria contact the person listed in the FOR
for redesignation to attainment set forth FURTHER INFORMATION CONTACT section to
in the Clean Air Act (CAA), including schedule your inspection. The Regional
the determination that the Murray Office’s official hours of business are
County Area has attained the 8-hour Monday through Friday, 8:30 a.m. to
ozone standard. Additionally, EPA is 4:30 p.m., excluding federal holidays.
approving a revision to the Georgia State FOR FURTHER INFORMATION CONTACT:
Implementation Plan (SIP) including the Stacy Harder, Regulatory Development
8-hour ozone maintenance plan for the Section, Air Planning Branch, Air,

Rule: Air Programs Approval and Promulgation State Plans For Designated Facilities and Pollutants: Iowa

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Rule: Air Programs Approval and Promulgation State Plans For Designated Facilities and Pollutants: Iowa

Uploaded by

Copyright:

Available Formats

Federal Register / Vol. 72, No.

199 / Tuesday, October 16, 2007 / Rules and Regulations 58535

Information (CBI) or other information reproduced in their entirety in the CFR

EPA.-APPROVED IOWA REGULATIONS

Iowa Department of Natural Resources Environmental Protection Commission [567]

Chapter 22—Controlling Pollution

EPA.-APPROVED IOWA REGULATIONS—Continued

Chapter 25—Measurement of Emissions

* * * * * ENVIRONMENTAL PROTECTION Murray County Area that contains the

You might also like