Approval and Promulgation of Implementation Plans; Iowa; Prevention of Significant Deterioration (PSD), 16051-16053 [06-3036]
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16051
Federal Register / Vol. 71, No. 61 / Thursday, March 30, 2006 / Rules and Regulations
Dated: March 13, 2006.
James B. Gulliford,
Regional Administrator, Region 7.
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.
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 entry for
‘‘Chapter V’’ under the heading ‘‘Polk
County’’ to read as follows:
I
Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
§ 52.820
*
1. The authority citation for part 52
continues to read as follows:
I
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED IOWA REGULATIONS
Iowa citation
State effective
date
Title
EPA approval
date
Explanation
Iowa Department of Natural Resources, Environmental Protection Commission
[567]
*
*
CHAPTER V ..........................
*
*
*
*
*
Polk County Board of Health Rules
and Regulations Air Pollution
Chapter V.
*
[FR Doc. 06–3032 Filed 3–29–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2006–0122; FRL–8050–4]
Approval and Promulgation of
Implementation Plans; Iowa;
Prevention of Significant Deterioration
(PSD)
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
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AGENCY:
SUMMARY: EPA is making a revision to
the Code of Federal Regulations (CFR)
for the purpose of giving the Iowa
Department of Natural Resources (IDNR)
full regulatory responsibility for EPAissued Prevention of Significant
Deterioration (PSD) permits. IDNR
demonstrated state legislative authority
to take responsibility for the permits,
and demonstrated that resources are
available to accomplish full regulatory
responsibility.
DATES: This direct final rule will be
effective May 30, 2006, without further
notice, unless EPA receives adverse
comment by May 1, 2006. If adverse
comment is received, EPA will publish
a timely withdrawal of the direct final
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Polk County
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8/24/05
3/30/06 [insert
FR page
number
where the
document
begins]
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–2006–0122, by one of the
following methods:
1. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
2. E-mail: Hamilton.heather@epa.gov.
3. Mail: Heather Hamilton,
Environmental Protection Agency, Air
Planning and Development Branch, 901
North 5th Street, Kansas City, Kansas
66101.
4. 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
Docket ID No. EPA–R07–OAR–2006–
0122. 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://
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 https://
www.regulations.gov or e-mail
information that you consider to be CBI
or otherwise protected. The https://
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*
*
Article I, Section 5–2, definition of
‘‘variance’’; Article VI, Sections 5–
16(n), (o) and (p); Article VIII, Article IX, Sections 5–27(3) and (4);
Article XIII, and Article XVI, Section 5–75(b) are not a part of the
SIP.
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 https://
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
https://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 https://
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16052
Federal Register / Vol. 71, No. 61 / Thursday, March 30, 2006 / Rules and Regulations
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 a.m. to 4:30 p.m.
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:
cprice-sewell on PROD1PC66 with RULES
What is Being Addressed in This Document?
What Action is EPA Taking?
What is Being Addressed in This
Document?
EPA is making a revision to the CFR
for the purpose of giving the IDNR full
regulatory responsibility for EPA-issued
PSD permits.
On April 22, 1987, EPA approved
Iowa’s rules for the Prevention of
Significant Deterioration (PSD) of air
quality (a permit program for major new
and modified sources of air pollution
proposing to locate in areas of the state
which are achieving the ambient air
quality standards). One issue in that
rulemaking addressed how the PSD
permits previously issued by EPA
would be administered. At that time,
IDNR determined that it did not have
authority to implement the PSD
program. EPA approved the Iowa
program, which incorporated the federal
PSD rules in 40 CFR 52.21, by reference.
However, EPA stated in 40 CFR 52.833
that its approval did not extend to
sources holding federal PSD permits
and EPA retained authority to
administer the program for those
permits for sources subject to permits
previously issued by EPA. IDNR has
since reconsidered its authority and has
determined that it does have authority
to implement EPA permits.
IDNR demonstrated state legal
authority to take responsibility for the
permits in a letter to EPA Region 7
dated May 23, 2003. IDNR’s authority to
take responsibility for EPA-issued
permits can be found in the Iowa
Administrative Code, Section 567,
‘‘Environmental Protection
Commission’’, Chapter 22.4, ‘‘Special
requirements for major stationary
sources located in areas designated
attainment or unclassified (PSD).’’ In the
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Jkt 208001
same letter, IDNR demonstrated that
resources are available to assume
regulatory responsibility for EPA-issued
permits. The IDNR Construction Permit
Section of the Air Quality Bureau is
responsible for reviewing and issuing
air construction permits and is fully
staffed by permit review engineers. The
air dispersion modeling related to
construction permits is accomplished by
environmental specialists located in the
Program Development Section of the Air
Quality Bureau. Four ambient air
monitoring staff are available for
questions and issues related to preapplication or post-construction
ambient air monitoring for PSD permits.
A public hearing with regard to this
action was held by the state. Two
comments were received from industry
representatives which supported the
action.
With this action, the regulatory text in
52.833 will be revised to reflect that
IDNR has been given full regulatory
responsibility for EPA-issued PSD
permits. The language stating ‘‘sources
with permits issued by EPA prior to the
effective date of the state’s rules;’’ will
be deleted.
What Action is EPA Taking?
EPA is approving this revision
submitted by Iowa and is revising 40
CFR 52.833 to give the Iowa Department
of Natural Resources regulatory
responsibility for EPA-issued
Prevention of Significant Deterioration
permits. IDNR demonstrated legal
authority to take responsibility for the
permits, and demonstrated that
resources are available to accomplish
full regulatory responsibility. 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 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 action
will not have a significant economic
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impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
action 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 action 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 action 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 state 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 action 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
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Federal Register / Vol. 71, No. 61 / Thursday, March 30, 2006 / Rules and Regulations
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 May 30, 2006.
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: March 13, 2006.
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. Section 52.833 is revised to read as
follows:
I
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§ 52.833
quality.
Significant deterioration of air
(a) The requirements of sections 160
through 165 of the Clean Air Act are
met, except for sources seeking permits
to locate on Indian lands in the state of
Iowa; and certain sources affected by the
stack height rules described in a letter
from Iowa dated April 22, 1987.
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(b) Regulations for preventing
significant deterioration of air quality.
The provisions of § 52.21 except
paragraph (a)(1) are hereby incorporated
and made a part of the applicable State
plan for the State of Iowa for sources
wishing to locate on Indian lands; and
certain sources as identified in Iowa’s
April 22, 1987, letter.
[FR Doc. 06–3036 Filed 3–29–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 86
[OAR–2006–0160; FRL–8049–6]
RIN 2060–AN67
Control of Air Pollution From New
Motor Vehicles: Amendments to the
Tier 2 Motor Vehicle Emission
Regulations
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is taking direct final
action to make minor amendments to
the existing Tier 2 motor vehicle
regulations (65 FR 6698, February 10,
2000, hereinafter referred to as the Tier
2 rule). These minor amendments are
consistent with our intention, under the
original Tier 2 rule, to provide interim
compliance flexibilities for clean diesels
in the passenger car market. While the
automotive industry has made rapid
advancements in light-duty diesel
emissions control technologies and will,
as a result, be able to produce diesel
vehicles that can comply with the
primary regulatory requirements of the
Tier 2 program, diesel vehicles still face
some very limited technological
challenges in meeting the full suite of
Tier 2 requirements. This action will
provide two voluntary, interim
alternative compliance options for a
very limited set of standards for oxides
of nitrogen (NOX), including only high
altitude and high speed/high
acceleration conditions. These
temporary alternative compliance
options are designed to be
environmentally neutral, as
manufacturers choosing them would
then be required to meet more stringent
standards in other aspects of the Tier 2
program. The alternative compliance
options will last for only three model
years, during which time advancements
in diesel emissions control technologies
will be further developed.
DATES: This direct final rule is effective
on June 28, 2006 without further notice,
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16053
unless we receive adverse comments by
May 1, 2006 or if we receive a request
for a public hearing by April 14, 2006.
Should we receive any adverse
comments on this direct final rule, we
will publish a timely withdrawal in the
Federal Register informing the public
that this rule will not take effect.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2006–0160. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., 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 through
https://www.regulations.gov or in hard
copy at the Air Docket, EPA/DC, EPA
West, Room B102, 1301 Constitution
Ave., NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the Air Docket is (202) 566–
1742.
FOR FURTHER INFORMATION CONTACT:
Todd Sherwood, U.S. EPA, National
Vehicle and Fuel Emissions Laboratory,
Assessment and Standards Division,
2000 Traverwood Drive, Ann Arbor, MI
48105; telephone (734) 214–4405, fax
(734) 214–4816, e-mail
sherwood.todd@epa.gov.
SUPPLEMENTARY INFORMATION: EPA is
publishing this rule without a prior
proposal because we view this action as
noncontroversial and anticipate no
adverse comment. However, in the
‘‘Proposed Rules’’ section of today’s
Federal Register publication, we are
publishing a separate document that
will serve as the proposal to adopt the
provisions in this Direct Final Rule if
adverse comments are filed. This rule
will be effective on June 28, 2006
without further notice unless we receive
adverse comment by May 1, 2006 or a
request for a public hearing by April 14,
2006. If we receive adverse comment on
one or more distinct amendments,
paragraphs, or sections of this
rulemaking, we will publish a timely
withdrawal in the Federal Register
indicating which provisions are being
withdrawn due to adverse comment. We
may address all adverse comments in a
subsequent final rule based on the
proposed rule. We will not institute a
second comment period on this action.
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]]>Agencies
[Federal Register Volume 71, Number 61 (Thursday, March 30, 2006)]
[Rules and Regulations]
[Pages 16051-16053]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3036]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2006-0122; FRL-8050-4]
Approval and Promulgation of Implementation Plans; Iowa;
Prevention of Significant Deterioration (PSD)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is making a revision to the Code of Federal Regulations
(CFR) for the purpose of giving the Iowa Department of Natural
Resources (IDNR) full regulatory responsibility for EPA-issued
Prevention of Significant Deterioration (PSD) permits. IDNR
demonstrated state legislative authority to take responsibility for the
permits, and demonstrated that resources are available to accomplish
full regulatory responsibility.
DATES: This direct final rule will be effective May 30, 2006, without
further notice, unless EPA receives adverse comment by May 1, 2006. 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-2006-0122, by one of the following methods:
1. https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
2. E-mail: Hamilton.heather@epa.gov.
3. Mail: Heather Hamilton, Environmental Protection Agency, Air
Planning and Development Branch, 901 North 5th Street, Kansas City,
Kansas 66101.
4. 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 Docket ID No. EPA-R07-OAR-
2006-0122. 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://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 https://
www.regulations.gov or e-mail information that you consider to be CBI
or otherwise protected. The https://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 https://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
https://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 https://
[[Page 16052]]
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 a.m. to 4:30 p.m. 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 Being Addressed in This Document?
What Action is EPA Taking?
What is Being Addressed in This Document?
EPA is making a revision to the CFR for the purpose of giving the
IDNR full regulatory responsibility for EPA-issued PSD permits.
On April 22, 1987, EPA approved Iowa's rules for the Prevention of
Significant Deterioration (PSD) of air quality (a permit program for
major new and modified sources of air pollution proposing to locate in
areas of the state which are achieving the ambient air quality
standards). One issue in that rulemaking addressed how the PSD permits
previously issued by EPA would be administered. At that time, IDNR
determined that it did not have authority to implement the PSD program.
EPA approved the Iowa program, which incorporated the federal PSD rules
in 40 CFR 52.21, by reference. However, EPA stated in 40 CFR 52.833
that its approval did not extend to sources holding federal PSD permits
and EPA retained authority to administer the program for those permits
for sources subject to permits previously issued by EPA. IDNR has since
reconsidered its authority and has determined that it does have
authority to implement EPA permits.
IDNR demonstrated state legal authority to take responsibility for
the permits in a letter to EPA Region 7 dated May 23, 2003. IDNR's
authority to take responsibility for EPA-issued permits can be found in
the Iowa Administrative Code, Section 567, ``Environmental Protection
Commission'', Chapter 22.4, ``Special requirements for major stationary
sources located in areas designated attainment or unclassified (PSD).''
In the same letter, IDNR demonstrated that resources are available to
assume regulatory responsibility for EPA-issued permits. The IDNR
Construction Permit Section of the Air Quality Bureau is responsible
for reviewing and issuing air construction permits and is fully staffed
by permit review engineers. The air dispersion modeling related to
construction permits is accomplished by environmental specialists
located in the Program Development Section of the Air Quality Bureau.
Four ambient air monitoring staff are available for questions and
issues related to pre-application or post-construction ambient air
monitoring for PSD permits.
A public hearing with regard to this action was held by the state.
Two comments were received from industry representatives which
supported the action.
With this action, the regulatory text in 52.833 will be revised to
reflect that IDNR has been given full regulatory responsibility for
EPA-issued PSD permits. The language stating ``sources with permits
issued by EPA prior to the effective date of the state's rules;'' will
be deleted.
What Action is EPA Taking?
EPA is approving this revision submitted by Iowa and is revising 40
CFR 52.833 to give the Iowa Department of Natural Resources regulatory
responsibility for EPA-issued Prevention of Significant Deterioration
permits. IDNR demonstrated legal authority to take responsibility for
the permits, and demonstrated that resources are available to
accomplish full regulatory responsibility. 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 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 action 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 action 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 action 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 action 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 state 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 action 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
[[Page 16053]]
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 May 30, 2006. 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: March 13, 2006.
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. Section 52.833 is revised to read as follows:
Sec. 52.833 Significant deterioration of air quality.
(a) The requirements of sections 160 through 165 of the Clean Air
Act are met, except for sources seeking permits to locate on Indian
lands in the state of Iowa; and certain sources affected by the stack
height rules described in a letter from Iowa dated April 22, 1987.
(b) Regulations for preventing significant deterioration of air
quality. The provisions of Sec. 52.21 except paragraph (a)(1) are
hereby incorporated and made a part of the applicable State plan for
the State of Iowa for sources wishing to locate on Indian lands; and
certain sources as identified in Iowa's April 22, 1987, letter.
[FR Doc. 06-3036 Filed 3-29-06; 8:45 am]
BILLING CODE 6560-50-P
