[Federal Register: November 12, 2004 (Volume 69, Number 218)]
[Rules and Regulations]
[Page 65375-65378]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12no04-9]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R07-OAR-2004-IA-0005; FRL-7836-4]
Approval and Promulgation of State Implementation Plans; State of
Iowa
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is announcing a revision to the Iowa State implementation
plan (SIP) establishing exemptions for equipment that is either used
for nonproduction activities or exhausted inside a building, to
establish an exemption for manually-operated equipment, and to
establish exemptions for emission units that can be classified as small
units. The State has determined that air pollution emissions from this
equipment are negligible and these exemptions are likely to result in
no significant impact on human health or the environment.
DATES: This direct final rule will be effective January 11, 2005,
without further notice, unless EPA receives adverse comment by December
13, 2004. 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-2004-IA-0005, by one of the following
methods:
1. Federal eRulemaking Portal: http: //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: hamilton.heather@epa.gov.
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-2004-IA-
0005. 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 provide it in the body
of your comment.
[[Page 65376]]
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 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 hamilton.heather@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 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 (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.
What Is the Federal Approval Process for an 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 Being Addressed in This Document?
EPA is approving a revision to the SIP for the State of Iowa which
establishes exemptions from its construction permitting program for
low-emitting equipment that is either used for nonproduction activities
or exhausted inside a building, an exemption for manually-operated
equipment, and exemptions for emission units that can be classified as
small units.
Equipment that is used for nonproduction activities or exhausted
inside a building includes carving, cutting, routing, turning,
drilling, machining, sawing, surface grinding, sanding, planing,
buffing, sandblast cleaning, shot blasting, shot peening, or polishing
ceramic artwork, leather, metals (other than beryllium), plastics,
concrete, rubber, paper stock, and wood or wood products. (Iowa
Administrative Code 567, chapter 22, Controlling Pollution, 22.1(2)u.)
Manually-operated equipment exemptions include equipment used for
buffing, polishing, carving, cutting, drilling, machining, routing,
sanding, sawing, scarfing, surface grinding, or turning. (Iowa
Administrative Code 567, Chapter 22, Controlling Pollution, 22.1(2)v.)
The exemption for small units defines such units as emission units
and associated control equipment (if applicable) that emit less than 40
pounds per year of lead and lead compounds expressed as lead; 5 tons
per year of sulfur dioxide; 5 tons per year of nitrogen oxides; 5 tons
per year of volatile organic compounds; 5 tons per year of carbon
monoxide; 5 tons per year of particulate matter; 2.5 tons per year of
PM10, and 5 tons per year of hazardous air pollutants. An emission unit
that emits hazardous air pollutants is eligible for this exemption
provided that the emission unit is not required to be reviewed for
compliance with emission standards for hazardous air pollutants, or
emission standards for hazardous air pollutants for source categories.
An emission unit that emits air pollutants that are not regulated air
pollutants as defined in the Iowa rules are not eligible to use this
exemption. This exemption applies to both existing and new or modified
small units.
An owner or operator that utilizes the small unit exemption must
maintain on site an ``exemption justification document.'' The exemption
justification document must document conformance and compliance with
the emission rate
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limits contained in the definition of ``small unit'' for the particular
emission unit or group of similar emission units for which the
exemption applies. The controls described in the exemption
justification document establish a limit on potential emissions.
The revision addresses the concern that small units may together
lead to negative environmental impacts by use of a ``substantial small
unit'' provision. A substantial small unit is defined as a unit that
emits 75 percent of the small unit thresholds. The owner or operator of
the facility must notify the state within 90 days of the end of a
calendar year for which the aggregate emissions from substantial small
units at the facility exceed any of the cumulative notice thresholds.
A cumulative notice threshold is the total combined emissions from
all substantial small units using the small unit exemption which emit
at the facility 0.6 tons per year of lead and lead compounds expressed
as lead; 40 tons per year of sulfur dioxide; 40 tons per year of
nitrogen oxides; 40 tons per year of volatile organic compounds; 100
tons per year of carbon monoxide; 25 tons per year of particulate
matter; 15 tons per year of PM10; or 10 tons per year of any hazardous
air pollutant or 25 tons per year of any combination of hazardous air
pollutants.
In the event that the small unit or substantial small unit
thresholds are exceeded, the owner or operator is subject to penalties
for violation of the rule and must apply for air construction permits.
(Iowa Administrative Code 567, Chapter 22, Controlling Pollution,
22.1(2)w.) Emission units which would be classified as major sources or
modifications are not eligible for any of these exemptions.
Iowa adopted the rule revisions after a lengthy stakeholder
process. Informational meetings were held in June and July, 2003, and a
public hearing was held on October 7, 2003. No comments were received
at the public hearing or during the comment period.
The State has reviewed the exemptions to determine whether sources
operating under these exemptions might be anticipated to cause any air
quality problems with respect to the NAAQS. The State has concluded
that emission increases would be insignificant. EPA has concluded that
exemption of emission units with such small emissions would not be
expected to affect attainment or maintenance of any NAAQS.
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 which is part of this document, the revision meets the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations.
What Action Is EPA Taking?
EPA is revising the SIP for the State of Iowa for the purpose of
adding information to establish exemptions for equipment that is either
used for nonproduction activities or exhausted inside a building, to
establish an exemption for manually-operated equipment, and to
establish exemptions for emission units that can be classified as small
units. The revision for 567-22.1(2)``u'' and 567-22.1(2)``v'' was
effective October 8, 2003, and the revision for 567-22.1(2)``w'' was
effective January 14, 2004. This action is being processed as a direct
final action because the revisions were made as a result of the state's
negotiated rulemaking process and no comments were submitted during the
state's public comment and hearing process. 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 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 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
[[Page 65378]]
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 January 11, 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 in 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.
Dated: November 1, 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 the table in paragraph (c) is amended under chapter
22 by revising the entry for ``567-22.1'' to read as follows:
Sec. 52.820 Identification of plan.
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(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 10/8/03 11/12/04 [insert FR Subrules 22.1(2), 22.1(2)
New or Existing 1/14/04 page number where ``g,'' 22.1(2) ``i''
Stationary Sources. the document have a state effective
begins]. date of 5/23/01.
Subrules 22.1(2) ``u''
and ``v'' have a state
effective date of 10/8/
03 and subrule 22.1(2)
``w'' has a state
effective date of 1/14/
04.
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[FR Doc. 04-24918 Filed 11-10-04; 8:45 am]
BILLING CODE 6560-50-P