[Federal Register Volume 75, Number 128 (Tuesday, July 6, 2010)]
[Rules and Regulations]
[Pages 38745-38748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16235]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2010-0156; FRL-9170-6]
Approval and Promulgation of Implementation Plans; State of Iowa
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is approving a revision to the Iowa State
Implementation Plan (SIP). The purpose of this revision is to update
the Polk County Board of Health Rules and Regulations, Chapter V, Air
Pollution. These revisions reflect updates to the Iowa statewide rules
previously approved by EPA and will ensure consistency between the
applicable local agency rules and Federally-approved rules. This
rulemaking also ensures Federal enforceability of the applicable parts
of the local agency's ``Air Pollution'' rules.
DATES: This direct final rule will be effective September 7, 2010,
without further notice, unless EPA receives adverse comment by August
5, 2010. 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 Docket ID No. EPA-R07-
OAR-2010-0156, by one of the following methods:
1. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
2. E-mail: [email protected].
3. Mail or Hand Delivery: Tracey Casburn, Environmental Protection
Agency, Air Planning and Development Branch, 901 North 5th Street,
Kansas City, Kansas 66101.
Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2010-0156. 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://www.regulations.gov, 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 through http://www.regulations.gov or e-mail information that you consider to be CBI
or otherwise protected. The http://www.regulations.gov Web site is an
``anonymous access'' system, 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 http://www.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
http://www.regulations.gov index. 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 http://www.regulations.gov 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: Tracey Casburn at (913) 551-7016, or
by e-mail at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA. This section provides additional information by
addressing the following questions:
I. What is being addressed in this document?
II. What revisions is EPA approving?
III. What action is EPA taking?
IV. What action is EPA not taking?
V. Statutory and Executive Order Reviews
I. What is being addressed in this document?
The State requested EPA approval of the 2009 revisions to the local
agency's Rules and Regulations, Chapter V, ``Air Pollution,'' as a
revision to the SIP. In order for the local program's ``Air Pollution''
rules to be incorporated into the Federally-enforceable SIP, on behalf
of the local agency, the State must submit the formally adopted
regulations and control strategies, which are consistent with State and
Federal requirements, to EPA for inclusion in the SIP. The regulation
adoption process generally includes public notice of a public comment
period and a public hearing, and formal adoption of the rule by the
State authorized rulemaking body. In this case that rulemaking body is
the local agency. After the local agency formally adopts the rule, the
local agency submits the rulemaking to the State, and then the State
submits the rulemaking to EPA for consideration for formal action
(inclusion of the rulemaking into the SIP). EPA must provide public
notice and seek additional public comment regarding
[[Page 38746]]
the proposed Federal action on the State's submission.
EPA received the request from the State to adopt the 2009 local air
agency rule revisions into the SIP on September 14, 2009. The revisions
were adopted by the local agency on July 28, 2009, and were effective
August 6, 2009. EPA is approving the requested revisions to the Iowa
SIP. The State's request specifically excluded Article VI, subsections
5-16 (n), (o), (p), and Article VIII from consideration by EPA.
II. What revisions is EPA approving?
EPA is approving the 2009 revisions to the Polk County Board of
Health Rules and Regulations, Chapter V, ``Air Pollution.'' The local
agency routinely revises its ``Air Pollution'' regulations to be
consistent with the Federally-approved Iowa Administrative Code. The
local agency's ``Air Pollution'' rules were revised as follows:
Article I, section 5-1 was revised to include cross references to
approved State rules. Section 5-2 of the same Article was revised to
include amended definitions of ``Allowable emissions,'' ``EPA reference
method,'' ``Disaster,'' ``Mobile Internal Combustion Engine,'' and
``Volatile Organic Compounds'' (VOCs). These revisions are consistent
with State and Federal regulations.
Article II, section 5-4 was revised to include a cross reference to
the existing State rule, 567 IAC 23.1(2) which outlines New Source
Performance Standard data reporting requirements and responsibilities.
This revision is consistent with State and Federal regulations.
Article III, section 5-7 was amended to include revisions to ``Open
Burning'' regulations. The revisions include the addition of a cross
reference to the existing State rules in 567 IAC Chapter 23 explaining
that the burning of any structure or demolished structure shall be in
accordance with 40 CFR 61.145, the National Emission Standards for
Hazardous Air Pollutants (NESHAPs) ``Standard for Demolition and
Renovation'' for asbestos control. This revision is consistent with
State and Federal regulations.
Article IV, section 5-10 was revised to include a cross reference
to the existing State rule at 567 IAC 29.1, the Federal method for
visual determination of opacity of emissions. This revision is
consistent with State and Federal regulations.
Article VII, subsections 5-18 (a)(3), 5-18(b)(5)(i) and 5-18(b)(7)
are revised to include cross references to existing State rules in 567
IAC Chapter 25. A revision to 5-18(b)(7) also includes the adoption
date of the most recent Federally promulgated Acid Rain continuous
emissions monitoring requirements. These revisions are consistent with
State and Federal regulations.
Article IX, subsections 5-23(1), 5-23(2), and 5-23(3) were revised
to include methods for the containment and control of fugitive dust,
and subsections 5-23(7) and 5-23(8) were added to include methods for
the containment and control of fugitive dust. Changes to Section 5-25
clarify that no person shall cause, allow, or permit fugitive dust
material to become airborne in such quantities and concentrations that
it remains visible in the ambient air, or is deposited beyond the lot
line of the property on which it originates. These revisions are
consistent with State regulations and Federal requirements. The local
agency also added language to subsection 5-26(1) which explains
activities that are considered by the local agency as ``ordinary
travel'', which is exempted from the fugitive dust restrictions. This
is a clarification of the exemption and does not affect the stringency
of the restriction.
Article X, section 5-33, and subsections 5-33(9) and 5-39(a)(4)
were revised to include cross references to approved State and Federal
regulations. Subsections 5-33(17) and 5-39(a)(11) were revised to
include a construction and operating permit exemption threshold for
retail gasoline and diesel fuel handling facilities. The local agency
revised the exemption to include only those facilities with a
throughput of less than 10,000 gallons per month (based on thirty-day
rolling average usage records). The local agency retained the right to
review project plans to substantiate the permit exemption to determine
that individual sources qualify for the exemption and would not
adversely impact air quality. The local agency made this revision as it
is more stringent than the existing SIP-approved exemption and is
aligned with 40 CFR part 63 subpart CCCCCC. The Iowa Administrative
Code currently does not provide for exemptions for retail gasoline
stations of any size so that all sources in the source category in Polk
County remain subject to the state permitting rule. In any event, the
revision addressed in this rulemaking in the county rule makes the
exemption more stringent, and is therefore approvable.
Also in Article X, subsections 5-33(55) and 5-39(a)(48) were
revised to add a construction and operating permit exemption for cold
solvent cleaning machines that are not in-line cleaning machines.
Subsections 5-33(56) and 5-39(a)(49) were revised to add a construction
and operating permit exemption for emissions from mobile agricultural
and construction internal combustion engines that are operated only for
repair or maintenance purposes at equipment repair shops or equipment
dealerships. Subsection 5-35(d) was revised to reduce the amount of
time the owner or operator has to notify the local program prior to the
movement of portable equipment for which an operating permit has been
issued. The notification time was reduced from 30 to 14 days.
Subsections 5-36(1)(a) and 5-36(1)(a)(1) were revised to clarify what
the owner or operators' responsibilities are when applying for a
conditional operating permit. These revisions are consistent with SIP-
approved State regulations.
Section 5-49 was added to Article X to allow for electric utilities
in Polk County to operate generators at a utility substation, with a
total combined capacity not to exceed 2 megawatts in capacity, for a
period of not longer than 10 days and only for the purpose of providing
electricity generation in the event of a sudden and unforeseen disaster
that has disabled standard transmission of electricity to the public.
EPA previously approved this allowance in a statewide rule after EPA
determined that this allowance would result in insignificant emissions
increases. We believe the Polk County revision is also approvable.
III. What action is EPA taking?
EPA is approving these revisions to the Polk County Board of Health
Rules and Regulations, Chapter V, Air Pollution. These changes are
consistent with the Federally-approved Iowa SIP.
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. The
revisions meet the substantive SIP requirements of the Clean Air Act
(CAA), including section 110 and implementing regulations.
EPA is processing this action as a direct final action because the
revisions make 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.
[[Page 38747]]
IV. What action is EPA not taking?
The State requested that EPA take action to approve the local
agency's revisions to Article XVI section 5-75. Section 5-75 outlines
the local agency's enforcement of criminal and civil penalties. As EPA
does not rely on the local agency's authority, but relies on its own
authority, to implement and enforce the requirements of the CAA, EPA is
not taking action on the requested revisions to Article XVI section 5-
75.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
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 action 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 September 7, 2010. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 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: June 18, 2010.
Karl Brooks,
Regional Administrator, Region 7.
0
40 CFR part 52 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 entry for ``Chapter V'' under the heading ``Polk County'' 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]
[[Page 38748]]
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Polk County
CHAPTER V........................ Polk County Board 08/06/09 07/06/10 [insert FR Article I, Section
of Health Rules page number where 5-2, definition of
and Regulations the document ``variance'';
Air Pollution begins]. Article VI,
Chapter V. Sections 5-16(n),
(o) and (p);
Article VIII;
Article IX,
Sections 5-27(3)
and (4); Article
X, Section 5-28,
subsections (a)
through (c);
Article XIII and
Article XVI,
Section 5-75 are
not a part of the
SIP.
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[FR Doc. 2010-16235 Filed 7-2-10; 8:45 am]
BILLING CODE 6560-50-P