[Federal Register Volume 75, Number 39 (Monday, March 1, 2010)]
[Rules and Regulations]
[Pages 9106-9107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4144]
[[Page 9106]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[EPA-R07-OAR-2009-0860; FRL-9120-2]
Approval and Promulgation of Operating Permits Program; State of
Iowa
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve a revision to the
Iowa State Operating Permits Program submitted by the State on February
20, 2009. The purpose of this revision is to increase emissions fees
for the Title V Operating Permits Program. EPA is approving this
revision pursuant to section 502 of the Clean Air Act and implementing
regulations.
DATES: This direct final rule will be effective April 30, 2010, without
further notice, unless EPA receives adverse comment by March 31, 2010.
If EPA receives adverse comment, we 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-2009-0860, by one of the following methods:
1. http://www.regulations.gov. Follow the online 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-
2009-0860. 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 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, 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 the EPA.
Table of Contents
I. What Is Being Addressed in This Document?
II. What Part 70 Revision Is EPA Approving?
III. What Action Is EPA Taking?
IV. Statutory and Executive Order Reviews
I. What Is Being Addressed in This Document?
The State has revised Chapter 22, ``Control of Pollution,'' of the
Iowa Administrative Code. This revision was promulgated by the State's
Environmental Protection Commission. EPA is approving the revision
described below for the reasons discussed in this document.
II. What Part 70 Revision Is EPA Approving?
The State implements an operating permit program applicable to
certain sources of air pollution in the state. One EPA requirement for
a Title V program is that the permitting state must establish a fee
structure sufficient to cover the costs of the program (40 CFR
70.9(b)). The State modified Iowa Rule 567-22.106(1). This modification
increases the fixed dollar amount of $29 per ton to $56 per ton as the
maximum annual Title V Operating Permit fee established on the first
4,000 tons of actual emissions of each regulated pollutant emitted from
a source subject to the Title V operating permit program. The State
analyzed projected program costs over a three-year period and
determined this increase is necessary to maintain the State's current
level of service. Increases in the costs associated with negotiated
contracts for staff, indirect costs, operating costs of the State's
ambient air quality monitoring network and projected decreases in
actual emissions have made this revision necessary. The revision is
consistent with the requirements of 40 CFR 70.9. The State effective
date for this revision was February 4, 2009.
III. What Action Is EPA Taking?
EPA is approving the request to amend the Iowa Operating Permits
Program. As noted previously in this document, the revision is
consistent with applicable EPA requirements. The revision meets the
requirements of the CAA, and implementing regulations. This revision is
consistent with applicable EPA requirements in Title V of the CAA and
40 CFR Part 70.
EPA is processing this action as a direct final action because the
revision makes a routine change to the existing rules which are
noncontroversial. Therefore, we do not anticipate any adverse comments.
IV. 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
[[Page 9107]]
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 approves a state rule implementing a
Federal standard.
In reviewing state operating permit program submissions, EPA's role
is to approve State choices, provided that they meet the requirements
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 state operating permit program
submission for failure to use VCS. It would thus be inconsistent with
applicable law for EPA, when it reviews an operating permit program
submission, to use VCS in place of an operating permit program
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 April 30, 2010. 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.
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 final 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 70
Administrative practice and procedure, Air pollution control,
Intergovernmental relations, Operating permits, Reporting and
recordkeeping requirements.
Dated: February 16, 2010.
Karl Brooks,
Regional Administrator, Region 7.
0
Chapter I, Title 40 of the Code of Federal Regulations is amended as
follows:
PART 70--[AMENDED]
0
1. The authority citation for Part 70 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
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2. Appendix A to Part 70 is amended by adding paragraph (l) under Iowa
to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Iowa
* * * * *
(l) The Iowa Department of Natural Resources submitted for
program approval a revision to rule 567-22.106(1) on February 20,
2009. The State effective date was February 4, 2009. This revision
to the Iowa program is approved effective April 30, 2010.
* * * * *
[FR Doc. 2010-4144 Filed 2-26-10; 8:45 am]
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