[Federal Register Volume 70, Number 83 (Monday, May 2, 2005)]
[Rules and Regulations]
[Pages 22599-22603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8708]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[R07-OAR-2005-IA-0002; FRL-7906-9]
Approval and Promulgation of Implementation Plans and Operating
Permits Program; State of Iowa
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the state of Iowa for the purpose of clarifying that only
untreated wood, seeds, pellets and other vegetative matter may be
burned in fuel burning equipment and residential heating units; to
remove a reference to a boiler that was removed at a power and water
facility, and to clarify the language with regard to continuous
emissions monitoring. One administrative correction to the operating
permit program is also included in this revision. Approval of these
revisions will ensure consistency between the state and Federally-
approved rules, and ensure Federal enforceability of the state's
revised air program rules.
DATES: This direct final rule will be effective July 1, 2005, without
further notice, unless EPA receives adverse comment by June 1, 2005. If
adverse comment is received, EPA will publish a timely withdrawal of
the direct final rule in the Federal Register informing the public that
the rule will not take effect.
ADDRESSES: Submit your comments, identified by Regional Material in
EDocket (RME) ID Number R07-OAR-2005-IA-0002, by one of the following
methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. Agency Web site: http://docket.epa.gov/rmepub/. RME, EPA's
electronic public docket and comment system, is EPA's preferred method
for receiving comments. Once in the system, select ``quick search;''
then key in the appropriate RME Docket identification number. Follow
the on-line instructions for submitting comments.
3. E-mail: [email protected].
4. Mail: Heather Hamilton, Environmental Protection Agency, Air
Planning and Development Branch, 901 North 5th Street, Kansas City,
Kansas 66101.
5. Hand Delivery or Courier. Deliver your comments to Heather
Hamilton, Environmental Protection Agency, Air Planning and Development
Branch, 901 North 5th Street, Kansas City, Kansas 66101.
Instructions: Direct your comments to RME ID No. R07-OAR-2005-IA-
0002. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://docket.epa.gov/rmepub/, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through RME, regulations.gov,
or e-mail. The EPA RME Web site and the Federal regulations.gov Web
site are ``anonymous access'' systems, which means EPA will not know
your identity or contact information unless you
[[Page 22600]]
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through RME or regulations.gov, your e-
mail address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
RME index at http://docket.epa.gov/rmepub/. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically in RME
or in hard copy at the Environmental Protection Agency, Air Planning
and Development Branch, 901 North 5th Street, Kansas City, Kansas
66101. The Regional Office's official hours of business are Monday
through Friday, 8:00 to 4:30 excluding Federal holidays. The interested
persons wanting to examine these documents should make an appointment
with the office at least 24 hours in advance.
FOR FURTHER INFORMATION CONTACT: Heather Hamilton at (913) 551-7039, or
by e-mail at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This section provides
additional information by addressing the following questions:
What is a SIP?
What is the Federal approval process for a SIP?
What does Federal approval of a state regulation mean to me?
What is the Part 70 operating permits program?
What is the Federal approval process for an operating permits
program?
What is being addressed in this document?
Have the requirements for approval of a SIP and Part 70 revision
been met?
What action is EPA taking?
What Is a SIP?
Section 110 of the Clean Air Act (CAA) requires states to develop
air pollution regulations and control strategies to ensure that state
air quality meets the national ambient air quality standards
established by EPA. These ambient standards are established under
section 109 of the CAA, and they currently address six criteria
pollutants. These pollutants are: carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and sulfur dioxide.
Each state must submit these regulations and control strategies to
us for approval and incorporation into the Federally-enforceable SIP.
Each Federally-approved SIP protects air quality primarily by
addressing air pollution at its point of origin. These SIPs can be
extensive, containing state regulations or other enforceable documents
and supporting information such as emission inventories, monitoring
networks, and modeling demonstrations.
What Is the Federal Approval Process for a SIP?
In order for state regulations to be incorporated into the
Federally-enforceable SIP, states must formally adopt the regulations
and control strategies consistent with state and Federal requirements.
This process generally includes a public notice, public hearing, public
comment period, and a formal adoption by a state-authorized rulemaking
body.
Once a state rule, regulation, or control strategy is adopted, the
state submits it to us for inclusion into the SIP. We must provide
public notice and seek additional public comment regarding the proposed
Federal action on the state submission. If adverse comments are
received, they must be addressed prior to any final Federal action by
us.
All state regulations and supporting information approved by EPA
under section 110 of the CAA are incorporated into the Federally-
approved SIP. Records of such SIP actions are maintained in the Code of
Federal Regulations (CFR) at title 40, part 52, entitled ``Approval and
Promulgation of Implementation Plans.'' The actual state regulations
which are approved are not reproduced in their entirety in the CFR
outright but are ``incorporated by reference,'' which means that we
have approved a given state regulation with a specific effective date.
What Does Federal Approval of a State Regulation Mean to me?
Enforcement of the state regulation before and after it is
incorporated into the Federally-approved SIP is primarily a state
responsibility. However, after the regulation is Federally approved, we
are authorized to take enforcement action against violators. Citizens
are also offered legal recourse to address violations as described in
section 304 of the CAA.
What Is the Part 70 Operating Permits Program?
The CAA Amendments of 1990 require all states to develop operating
permits programs that meet certain Federal criteria. In implementing
this program, the states are to require certain sources of air
pollution to obtain permits that contain all applicable requirements
under the CAA. One purpose of the part 70 operating permits program is
to improve enforcement by issuing each source a single permit that
consolidates all of the applicable CAA requirements into a Federally-
enforceable document. By consolidating all of the applicable
requirements for a facility into one document, the source, the public,
and the permitting authorities can more easily determine what CAA
requirements apply and how compliance with those requirements is
determined.
Sources required to obtain an operating permit under this program
include ``major'' sources of air pollution and certain other sources
specified in the CAA or in our implementing regulations. For example,
all sources regulated under the acid rain program, regardless of size,
must obtain permits. Examples of major sources include those that emit
100 tons per year or more of volatile organic compounds, carbon
monoxide, lead, sulfur dioxide, nitrogen dioxide, or PM10;
those that emit 10 tons per year of any single hazardous air pollutant
(HAP) (specifically listed under the CAA); or those that emit 25 tons
per year or more of a combination of HAPs.
Revision to the state and local agencies operating permits program
are also subject to public notice, comment, and our approval.
What Is the Federal Approval Process for an Operating Permits Program?
In order for state regulations to be included in the Federally-
enforceable Title V operating permits program, states must formally
adopt regulations consistent with state and Federal requirements. This
process generally includes a public notice, public hearing, public
comment period, and a formal adoption by a state-authorized rulemaking
body.
Once a state rule, regulation, or control strategy is adopted, the
state
[[Page 22601]]
submits it to us for inclusion into the approved operating permits
program. We must provide public notice and seek additional public
comment regarding the proposed Federal action on the state submission.
If adverse comments are received, they must be addressed prior to any
final Federal action by us.
All state regulations and supporting information approved by EPA
under section 502 of the CAA, including revisions to the state program,
are included in the Federally-approved operating permits program.
Records of such actions are maintained in the CFR at Title 40, part 70,
appendix A, entitled ``Approval Status of State and Local Operating
Permits Programs.''
What Is Being Addressed in This Document?
This SIP revision was submitted by the state of Iowa for the
purpose of clarifying that only untreated wood, seeds, pellets and
other vegetative matter may be burned in fuel burning equipment and
residential heating units; to remove a reference to a boiler that was
removed at a power and water facility, and to clarify the language with
regard to continuous emissions monitoring. One administrative
correction is also included in this revision under 40 CFR part 70.
The first revision is to Chapter 22, of the Iowa Administrative
Code, subrules 22.1(2), paragraphs ``b'' and ``j''. This rule provides
exemptions from the minor source construction permitting program. The
rule was revised to add additional information with regard to untreated
wood, seeds or pellets, or other untreated vegetative materials. This
revision was made in response to frequent inquiries as to whether
certain materials could be burned in fuel burning equipment, or
residential heating units. Although manufacturers recommend against the
burning of treated materials due to the release of toxic emissions,
IDNR is making a clarification to specifically identify that only
untreated matter may be used in this equipment in order to protect
human health and the environment. This clarification is not a
relaxation of the SIP, but rather makes the rule more protective of
public health.
Chapter 23, subparagraph 23.3(2)``b''(5) provides source-specific
particulate emission limits for certain sources, is being revised to
remove the reference to a stack serving a boiler that was located at
Muscatine Power and Water. This reference is being removed from Chapter
23 as the boiler was permanently removed from service at the facility
on September 17, 1985.
Chapter 25, subrules 25.1(5) and 25.1(6), as well as 25.1(10) and
25.1(11) apply to continuous emissions monitoring. The revision
clarified the applicability of monitoring requirements with regard to
maintaining records of continuous monitors, reporting continuous
monitoring information, identifying exemptions from continuous
monitoring requirements, and requests for extensions of time to install
monitoring equipment. The rule now specifies that it is applicable to
all owners and operators who are required to install continuous
monitors, not just, as previously stated, owners or operators of coal-
fired steam generating units or sulfuric acid plants. This rule is
applicable to sources that are required to perform continuous emissions
monitoring to meet SIP requirements but are not subject to more
stringent monitoring requirements in other rules (e.g., sources subject
to more restrictive monitoring requirements in permits).
An administrative error was made in the previous revision of rule
22.3(3), Conditions of approval for permits. This SIP and 40 CFR part
70 revision adds a comma between fuel specifications and compliance
testing to differentiate between the two conditions.
Have the Requirements for Approval of a SIP and Part 70 Revision Been
Met?
The state submittal has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submittal also
satisfied the completeness criteria of 40 CFR part 51, appendix V. In
addition, as explained above and in more detail in the technical
support document which is part of this document, the revision meets the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations. This revision also meets the applicable
requirements of Title V and EPA regulations for revision to the
operating permits program.
What Action Is EPA Taking?
EPA is approving a revision to the SIP submitted by the state of
Iowa. Changes to the Iowa Administrative Code, Chapter 22, subrule
22.1(2), paragraphs ``b'' and ``j'' clarify that only untreated wood,
seeds, pellets and other vegetative matter may be burned in fuel
burning equipment and residential heating units. Chapter 23,
subparagraph 23.3(2)``b''(5), removes a reference to a boiler that was
removed at a power and water facility. Chapter 25, subrules 25.1(5),
25.1(6), 25.1(10), and 25.1(11) clarify the language with regard to
continuous emissions monitoring. One administrative correction to the
SIP and the operating permit program is also included in this revision
in Chapter 22, subrule 22.3(3).
We are processing this action as a direct final action because the
revisions make routine changes to the existing rules which are
noncontroversial. Therefore, we do not anticipate any adverse comments.
Please note that if EPA receives adverse comment on part of this rule
and if that part can be severed from the remainder of the rule, EPA may
adopt as final those parts of the rule that are not the subject of an
adverse comment.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the
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relationship or the distribution of power and responsibilities
established in the CAA. This rule also is not subject to Executive
Order 13045, ``Protection of Children from Environmental Health Risks
and Safety Risks'' (62 FR 19885, April 23, 1997), because it is not
economically significant.
In reviewing state submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a state
submission, to use VCS in place of a state submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit 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 United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 1, 2005. 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
40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
40 CFR Part 70
Administrative practice and procedure, Air pollution control,
Intergovernmental relations, Operating permits, Reporting and
recordkeeping requirements.
Dated: April 22, 2005.
James B. Gulliford,
Regional Administrator, Region 7.
0
Chapter I, title 40 of the Code of Federal Regulations is amended as
follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart Q--Iowa
0
2. In Sec. 52.820 the table in paragraph (c) is amended by revising
the entries for 567-22.1, 567-22.3, 567-23.3, and 567-25.1 to read as
follows:
Sec. 52.820 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Iowa Regulations
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State
Iowa citation Title effective date EPA approval date Explanation
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Iowa Department of Natural Resources Environmental Protection Commission [567]
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Chapter 22--Controlling Pollution
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567-22.1....................... Permits Required for 12/15/04 May 2, 2005
New or Existing [insert FR page
Stationary Sources. number where the
document begins].
* * * * * * *
567-22.3....................... Issuing Permits........ 12/15/04 May 2, 2005 Subrule 22.3(6) is
[insert FR page not SIP approved.
number where the
document begins].
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Chapter 23--Emission Standards for Contaminants
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* * * * * * *
--------------------------------
567-23.3....................... Specific Contaminants.. 12/15/04 May 2, 2005 Subrule 23.3(3)
[insert FR page ``d'' is not SIP
number where the approved.
document begins].
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Chapter 25--Measurement of Emissions
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567-25.1....................... Testing and Sampling of 12/15/04 May 2, 2005
New and Existing [insert FR page
Equipment. number where the
document begins].
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PART 70--[AMENDED]
0
1. The authority citation for Part 70 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Appendix A to Part 70 is amended by adding under ``Iowa'' paragraph
(h) to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Iowa
* * * * *
(h) The Iowa Department of Natural Resources submitted for
program approval an administrative correction to rule ``567-22.3''
on December 15, 2004. The state effective date is December 15, 2004.
This revision to the Iowa program is approved effective July 1,
2005.
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[FR Doc. 05-8708 Filed 4-29-05; 8:45 am]
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