[Federal Register: June 10, 2004 (Volume 69, Number 112)]
[Rules and Regulations]
[Page 32454-32457]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10jn04-9]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R07-OAR-2004-IA-0001; FRL-7672-3]
Approval and Promulgation of Implementation Plans; 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. This revision pertains to orders and
permits issued by the state to control particulate matter
(PM10) emissions from Blackhawk Foundry and Machine Company
in Davenport (Scott County), Iowa. This approval will make the order
and permits Federally enforceable.
DATES: This direct final rule will be effective August 9, 2004, unless
EPA receives adverse comments by July 12, 2004. If adverse comments are
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-2004-IA-0001, 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: Jones.Harriett@epa.gov.
4. Mail: Harriett Jones, Environmental Protection Agency, Air
Permitting and Compliance Branch, 901 North 5th Street, Kansas City,
Kansas 66101.
5. Hand Delivery or Courier. Deliver your comments to Harriett
Jones, Environmental Protection Agency, Air Permitting and Compliance
Branch, 901 North 5th Street, Kansas City, Kansas 66101.
Instructions: Direct your comments to RME ID No. R07-OAR-2004-IA-
0001. 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 website and the Federal regulations.gov website
are ``anonymous access'' systems, which means EPA will not know your
identity or contact information unless you 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 Permitting
and Compliance Branch, 901 North 5th Street, Kansas City, Kansas 66101.
The Regional Office's official hours of business are Monday through
Friday, 8 to 4:30 excluding Federal holidays. Interested persons
wanting to examine these documents should make an appointment with the
office at least 24 hours in advance.
FOR FURTHER INFORMATION CONTACT: Harriett Jones at (913) 551-7730, or
at jones.harriett@epa.gov.
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 Being Addressed in this Document?
Have the Requirements for Approval of a SIP Revision been Met?
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 (NAAQS)
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.
[[Page 32455]]
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 (this can also include state
orders and permits) 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 Being Addressed in This Document?
From 1995 to 1997, there were several exceedances of the 24-hour
PM10 (i.e., particulate matter with an aerodynamic diameter
of equal to or less than ten micrometers) National Ambient Air Quality
Standard (NAAQS) at the ambient air monitors located in Davenport,
Iowa. The measured exceedances ranged from 160 to 161 (micrograms per
cubic meter) [mu]g/m3. The 24-hour standard is 150 [mu]g/m3.
The only significant stationary facility identified as a
contributor to the monitored exceedances was Blackhawk Foundry and
Machine Company. This company operates a gray and ductile iron foundry
and secondary aluminum production facility in the vicinity of the
PM10 ambient air monitors which recorded the exceedances of
the NAAQS.
The Iowa Department of Natural Resources (IDNR), Air Quality
Bureau, over the course of several years, developed a control strategy
for this company which requires emission controls on numerous sources
of emissions at the installation. These requirements were incorporated
into an Administrative Consent Order (A.C.O.) for the company.
Additionally, permit conditions were developed or revised to reflect
the A.C.O. control requirements.
The order and permits establish enforceable emission rates and
limitations on daily and annual process rates (throughput). The order
required that certain areas be fenced to preclude public access.
We are approving the A.C.O. No. 03-AQ-51 between the IDNR and
Blackhawk Foundry and Machine Company signed by the state on December
4, 2003. We are also approving the construction permits related to the
A.C.O.
Air quality modeling results demonstrate that the control measures
contained in the A.C.O. and permits will ensure attainment and
maintenance of the PM10 NAAQS. Additional information
concerning the state submittal is contained in the technical support
document for this action which is available from the EPA contact
identified above.
Have the Requirements for Approval of a SIP 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, the revision meets the substantive SIP requirements
of the CAA, including section 110 and implementing regulations.
What Action Is EPA Taking?
We are approving as a revision to the Iowa SIP, the A.C.O. for
Blackhawk Foundry and Machine Company in Davenport, Iowa. We are also
approving the related construction permits for this company. We are
processing this action as a final action because 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 (Public Law 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 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 SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of
[[Page 32456]]
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 SIP submission, to use VCS in place of a SIP 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 9, 2004. 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, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides.
Dated: June 3, 2004.
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, paragraph (d) is amended by adding entries at the
end of the table for Blackhawk Foundry and Machine Company in
Davenport, Iowa, to read as follows:
Sec. 52.820 Identification of plan.
* * * * *
(d) EPA-approved State source-specific orders/permits
EPA-Approved Iowa Source-Specific Orders/Permits
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State
Name of source Order/permit No. effective EPA approval date Comments
date
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* * * * * * *
Blackhawk Foundry and Machine A.C.O. 03-AQ-51..... 12/4/2003 6/10/2004 [FR page Together with the
Company. citation]. permits listed
below this order
comprises the PM10
control strategy
for Davenport,
Iowa.
Blackhawk Foundry and Machine Permit No. 02-A-116 8/19/02 6/10/2004 [FR page Provisions of the
Company. (Cold Box Core citation]. permit that relate
Machine). to pollutants other
than PM10 are not
approved by EPA as
part of this SIP.
Blackhawk Foundry and Machine Permit No. 02-A-290 8/19/02 6/10/2004 [FR page Provisions of the
Company. (Wheelabrator citation]. permit that relate
2 and to pollutants other
Casting Sorting). than PM10 are not
approved by EPA as
part of this SIP.
Blackhawk Foundry and Machine Permit No. 02-A-291 8/19/02 6/10/2004 [FR page Provisions of the
Company. (Mold Sand Silo). citation]. permit that relate
to pollutants other
than PM10 are not
approved by EPA as
part of this SIP.
Blackhawk Foundry and Machine Permit No. 02-A-292 8/19/02 6/10/2004 [FR page Provisions of the
Company. (Bond Storage). citation]. permit that relate
to pollutants other
than PM10 are not
approved by EPA as
part of this SIP.
Blackhawk Foundry and Machine Permit No. 02-A-293 8/19/02 6/10/2004 [FR page Provisions of the
Company. (Induction Furnace citation]. permit that relate
and Aluminum Sweat to pollutants other
Furnace). than PM10 are not
approved by EPA as
part of this SIP.
Blackhawk Foundry and Machine Permit No. 77-A-114- 8/19/02 6/10/2004 [FR page Provisions of the
Company. S1 (Wheelabrator citation]. permit that relate
1 & to pollutants other
Grinding). than PM10 are not
approved by EPA as
part of this SIP.
Blackhawk Foundry and Machine Permit No. 84-A-055- 8/19/02 6/10/2004 [FR page Provisions of the
Company. S1 (Cupola ladle, citation]. permit that relate
Pour deck ladle, to pollutants other
Sand shakeout, than PM10 are not
Muller, Return sand approved by EPA as
1, Sand part of this SIP.
cooler, Sand
screen, and Return
sand 2).
[[Page 32457]]
Blackhawk Foundry and Machine Permit No. 72-A-060- 8/19/02 6/10/2004 [FR page Provisions of the
Company. S5 (Cupola). citation]. permit that relate
to pollutants other
than PM10 are not
approved by EPA as
part of this SIP.
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[FR Doc. 04-13177 Filed 6-9-04; 8:45 am]
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