Approval and Promulgation of Implementation Plans and Operating Permits Program; State of Iowa, 22599-22603 [05-8708]
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Federal Register / Vol. 70, No. 83 / Monday, May 2, 2005 / Rules and Regulations
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).)
Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
Cascade Corporation, Wallula Mill,
Order No. 1614–AQ04, dated August 19,
2004 and effective September 15, 2004,
the following condition only: No. 1
(‘‘Approval Conditions’’) and Appendix
A (‘‘Dust Control Plan’’ for Boise
Paper—Wallula Mill, ‘‘Landfill and
Composting Areas’’) dated February 18,
2004.
(4) Fugitive Dust Control Plan for
Simplot Feeders Limited Partnership,
dated December 1, 2003.
(B) [Reserved.]
(ii) Additional Material.
(A) Washington State Department of
Ecology Columbia Plateau Windblown
Dust Natural Events Action Plan, dated
2003.
(B) Washington State Department of
Ecology Fugitive Dust Control
Guidelines for Beef Cattle Feedlots and
Best Management Practices, dated
December 13, 1995.
I 3. Section 52.672 is amended by
revising paragraph (e) to read as follows:
PART 52—[AMENDED]
§ 52.2475
1. The authority citation for Part 52
continues to read as follows:
*
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: March 22, 2005.
Michael F. Gearheard,
Acting Regional Administrator, Region 10.
I
I
Authority: 42 U.S.C. 7401 et seq.
Subpart WW—Washington
2. Section 52.2470 is amended by
adding paragraph (c)(86) to read as
follows:
I
§ 52.2470
Identification of plan.
*
*
*
*
*
(c) * * *
(86) On November 30, 2004, the
Washington Department of Ecology
(Ecology) submitted a serious area plan
for the Wallula serious nonattainment
area for PM10.
(i) Incorporation by reference.
(A) The following terms and
conditions limiting particulate matter
emissions in the following permits or
administrative orders:
(1) Washington Department of
Ecology Administrative Order No.
02AQER–5074 for IBP, Inc. (now known
as Tyson Foods Inc.) dated December 6,
2002 except for the following: Finding
number 4 (‘‘T–BACT’’), found on page 5
of document and item 3.3 of Approval
Condition number 3 (‘‘Emission Limits
and Test Methods’’) found on page 7 of
the document.
(2) Washington State Department of
Ecology Air Operating Permit for Boise
White Paper, L.L.C. Permit No. 000369–
7, dated December 1, 2004, the
following condition only: 1.Q.1
(‘‘Particulate-fugitive dust’’) of item Q
(‘‘Landfill/Compost Operation’’).
(3) Washington State Department of
Ecology Administrative Order for Boise
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Approval of plans.
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(e) Particulate Matter.
(1) Wallula.
(i) EPA approves as a revision to the
Washington State Implementation Plan,
the Wallula Serious Area Plan for PM10
adopted by the State on November 17,
2004 and submitted to EPA on
November 30, 2004.
(ii) [Reserved.]
(2) [Reserved.]
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[FR Doc. 05–8597 Filed 4–29–05; 8:45 am]
BILLING CODE 6560–50–P
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
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
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
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22599
administrative correction to the
operating permit program is also
included in this revision. Approval of
these revisions will ensure consistency
between the state and Federallyapproved 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.
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:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Agency Web site: https://
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 online 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–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 https://
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
ADDRESSES:
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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 https://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 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 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?
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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 Federallyenforceable 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 stateauthorized 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
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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 Federallyenforceable 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
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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.
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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
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22601
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.
Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart Q—Iowa
2. In § 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:
I
§ 52.820
*
Identification of plan.
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(c) * * *
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EPA-APPROVED IOWA REGULATIONS
Iowa citation
State effective
date
Title
EPA approval date
Explanation
Iowa Department of Natural Resources Environmental Protection Commission [567]
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Chapter 22—Controlling Pollution
567–22.1 ........................................
Permits Required for New or Existing Stationary Sources.
12/15/04
May 2, 2005 [insert
FR page number
where the document begins].
*
*
567–22.3 ........................................
*
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Issuing Permits ...........................................
*
12/15/04
*
May 2, 2005 [insert
FR page number
where the document begins].
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*
*
*
Subrule 22.3(6) is
not SIP approved.
*
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Chapter 23—Emission Standards for Contaminants
*
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*
567–23.3 ........................................
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Specific Contaminants ................................
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*
12/15/04
May 2, 2005 [insert
FR page number
where the document begins].
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Subrule 23.3(3) ‘‘d’’
is not SIP approved.
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Federal Register / Vol. 70, No. 83 / Monday, May 2, 2005 / Rules and Regulations
EPA-APPROVED IOWA REGULATIONS—Continued
Iowa citation
State effective
date
Title
*
*
*
*
EPA approval date
*
*
Explanation
*
Chapter 25—Measurement of Emissions
567–25.1 ........................................
*
Testing and Sampling of New and Existing
Equipment.
*
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*
12/15/04
*
ensure consistency between the state
and the Federally-approved rules.
PART 70—[AMENDED]
DATES: This direct final rule will be
effective July 1, 2005, without further
I 1. The authority citation for Part 70
notice, unless EPA receives adverse
continues to read as follows:
comment by June 1, 2005. If adverse
Authority: 42 U.S.C. 7401 et seq.
comment is received, EPA will publish
a timely withdrawal of the direct final
I 2. Appendix A to Part 70 is amended
by adding under ‘‘Iowa’’ paragraph (h) to rule in the Federal Register informing
the public that the rule will not take
read as follows:
effect.
Appendix A to Part 70—Approval
ADDRESSES: Submit your comments,
Status of State and Local Operating
identified by Regional Material in
Permits Programs
EDocket (RME) ID Number R07–OAR–
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2005–MO–0004, by one of the following
Iowa
methods:
*
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1. Federal eRulemaking Portal:
(h) The Iowa Department of Natural
https://www.regulations.gov. Follow the
Resources submitted for program approval an on-line instructions for submitting
administrative correction to rule ‘‘567–22.3’’
comments.
on December 15, 2004. The state effective
2. Agency Web site: https://
date is December 15, 2004. This revision to
docket.epa.gov/rmepub/. RME, EPA’s
the Iowa program is approved effective July
electronic public docket and comment
1, 2005.
system, is EPA’s preferred method for
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receiving comments. Once in the
[FR Doc. 05–8708 Filed 4–29–05; 8:45 am]
system, select ‘‘quick search;’’ then key
BILLING CODE 6560–50–P
in the appropriate RME Docket
identification number. Follow the online instructions for submitting
ENVIRONMENTAL PROTECTION
comments.
AGENCY
3. E-mail: daniels.leland@epa.gov.
4. Mail: Leland Daniels,
40 CFR Parts 52 and 70
Environmental Protection Agency, Air
Planning and Development Branch, 901
[R07–OAR–2005–MO–0004; FRL–7906–7]
North 5th Street, Kansas City, Kansas
66101.
Approval and Promulgation of
5. Hand Delivery or Courier. Deliver
Implementation Plans and Operating
your comments to Leland Daniels at the
Permits Program; State of Missouri
above-listed address.
Instructions: Direct your comments to
AGENCY: Environmental Protection
RME ID No. R07–OAR–2005–MO–0004.
Agency (EPA).
EPA’s policy is that all comments
ACTION: Direct final rule.
received will be included in the public
docket without change and may be
SUMMARY: EPA is approving revisions to
the Missouri State Implementation Plan made available online at https://
docket.epa.gov/rmepub/, including any
(SIP) and Operating Permits Program.
personal information provided, unless
EPA is approving a revision to the
the comment includes information
Missouri rule entitled ‘‘Submission of
claimed to be Confidential Business
Emission Data, Emission Fees, and
Process Information.’’ This revision will Information (CBI) or other information
*
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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.
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 https://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 p.m., excluding Federal
E:\FR\FM\02MYR1.SGM
02MYR1
]]>Agencies
[Federal Register Volume 70, Number 83 (Monday, May 2, 2005)]
[Rules and Regulations]
[Pages 22599-22603]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8708]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: https://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. Agency Web site: https://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-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
https://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 https://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 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 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
[[Page 22602]]
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
----------------------------------------------------------------------------------------------------------------
State
Iowa citation Title effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Iowa Department of Natural Resources Environmental Protection Commission [567]
----------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------
Chapter 22--Controlling Pollution
----------------------------------------------------------------------------------------------------------------
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].
--------------------------------
* * * * * * *
--------------------------------
Chapter 23--Emission Standards for Contaminants
----------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------
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].
[[Page 22603]]
--------------------------------
* * * * * * *
--------------------------------
Chapter 25--Measurement of Emissions
----------------------------------------------------------------------------------------------------------------
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].
--------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
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.
* * * * *
[FR Doc. 05-8708 Filed 4-29-05; 8:45 am]
BILLING CODE 6560-50-P
