Approval and Promulgation of Implementation Plans; State of Iowa, 35018-35021 [E7-12237]
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35018
Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Rules and Regulations
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 approves a
state rule implementing a Federal
standard.
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
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 August 27, 2007.
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, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: June 14, 2007.
Michael F. Gearheard,
Acting Regional Administrator, Region 10.
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 N—Idaho
2. In § 52.670(e) the table is amended
by adding an entry at the end of the
table to read as follows:
I
§ 52.670
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED IDAHO NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Name of SIP provision
Applicable geographic or
nonattainment area
State submittal date
*
*
CAA 110(a)(2)(D)(i) SIP—Interstate
Transport.
*
*
Statewide ..........................................
ENVIRONMENTAL PROTECTION
AGENCY
3. Section 52.2470 is amended by
adding paragraph (c)(89) to read as
follows:
40 CFR Part 52
§ 52.2470
[EPA–R07–OAR–2007–0457; FRL–8330–7]
Identification of plan.
*
*
*
*
(c) * * *
(89) On January 17, 2007, the
Washington State Department of
Ecology submitted a SIP revision to
meet the requirements of Clean Air Act
section 110(a)(2)(D)(i). EPA is approving
this submittal.
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*
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BILLING CODE 6560–50–P
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Approval and Promulgation of
Implementation Plans; State of Iowa
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is approving a revision to
the Iowa State Implementation Plan
(SIP). The purpose of this revision is to
update the Polk County Board of Health
Rules and Regulations, Chapter V, Air
Pollution. These revisions reflect
updates to the Iowa statewide rules
previously approved by EPA and will
ensure consistency between the
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Comments
*
*
*
1/30/07 6/26/07, [insert FR page number
where the document begins].
Subpart WW—Washington
I
EPA approval date
applicable local agency rules and
Federally-approved rules.
DATES: This direct final rule will be
effective August 27, 2007, without
further notice, unless EPA receives
adverse comment by July 26, 2007. 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–2007–0457, 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
E:\FR\FM\26JNR1.SGM
26JNR1
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Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Rules and Regulations
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–2007–
0457. 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
www.regulations.gov or e-mail
information that you consider to be CBI
or otherwise protected. The
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
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
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://
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.
VerDate Aug<31>2005
16:37 Jun 25, 2007
Jkt 211001
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 a Federal approval of a state
regulation mean to me?
What is being addressed in this document?
Have the requirements for approval of a SIP
revision been met?
What action is EPA taking?
What is a SIP?
Section 110 of the Clean Air Act
(CAA) requires states to develop air
pollution regulations and control
strategies to ensure that state air quality
meets the national ambient air quality
standards 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
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35019
on the state submission. If adverse
comments are received, they must be
addressed prior to any final Federal
action by us.
All state regulations and supporting
information approved by EPA under
section 110 of the CAA are incorporated
into the Federally-approved SIP.
Records of such SIP actions are
maintained in the Code of Federal
Regulations (CFR) at title 40, part 52,
entitled ‘‘Approval and Promulgation of
Implementation Plans.’’ The actual state
regulations which are approved are not
reproduced in their entirety in the CFR
outright but are ‘‘incorporated by
reference,’’ which means that we have
approved a given state regulation with
a specific effective date.
What does Federal approval of a state
regulation mean to me?
Enforcement of the state regulation
before and after it is incorporated into
the Federally-approved SIP is primarily
a state responsibility. However, after the
regulation is Federally approved, we are
authorized to take enforcement action
against violators. Citizens are also
offered legal recourse to address
violations as described in section 304 of
the CAA.
What is being addressed in this
document?
EPA is approving revisions to the
Iowa SIP which include updates to the
Polk County Board of Health Rules and
Regulations, Chapter V, Air Pollution.
This revision was initially submitted by
Iowa on December 21, 2006. The
approval request was modified by letter
dated May 3, 2007, in which Iowa
requested that we take no action on
changes to Article X, section 5–28,
relating to preconstruction waivers.
Pursuant to Iowa’s request, EPA is not
acting on the revision to section 5–28
and is retaining the version of section 5–
28 in the current approved SIP. Polk
County intends to revise the waiver
provision in section 5–28 in the near
future. Polk County routinely revises its
local program to be consistent with the
federally-approved Iowa rules. The 2006
revisions included updates to
definitions of distillate oil, biodiesel
fuel, diesel fuel, and painting and
surface coating operations.
Polk County also included
exemptions to permit requirements to be
consistent with the Iowa SIP. These
exemptions cover emissions points and
activities which have low emissions,
such as cafeteria facilities and janitorial
services. EPA previously approved these
same exemptions in a statewide rule
after the state’s technical justification
for the exemptions was reviewed by
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EPA. EPA previously determined that
these exemptions would not cause a
relaxation of the Iowa SIP.
Have the requirements for approval of
a SIP revision been met?
The state submittal has met the public
notice requirements for SIP submissions
in accordance with 40 CFR 51.102. The
submittal also satisfied the
completeness criteria of 40 CFR part 51,
appendix V. In addition, as explained
above and in more detail in the
technical support document which is
part of this document, the revision
meets the substantive SIP requirements
of the CAA, including section 110 and
implementing regulations.
What action is EPA taking?
EPA is approving this revision which
includes changes made to the Polk
County SIP submitted by Iowa. These
changes are consistent with the
federally-approved Iowa SIP. We do not
anticipate any adverse comments.
Please note that if EPA receives adverse
comments 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.
sroberts on PROD1PC70 with RULES
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 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).
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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 approves a
state rule implementing a Federal
standard.
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
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
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
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 August 27, 2007.
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: June 8, 2007.
John B. Askew,
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 entry for
‘‘Chapter V’’ under the heading ‘‘Polk
County’’ to read as follows:
I
§ 52.820
*
Identification of plan.
*
*
(c) * * *
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*
*
35021
Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Rules and Regulations
EPA-APPROVED IOWA REGULATIONS
Iowa citation
State effective date
Title
EPA approval date
Explanation
Iowa Department of Natural Resources, Environmental Protection Commission [567]
*
*
*
*
*
*
*
Polk County
CHAPTER V
*
*
*
Polk County Board of
Health Rules and Regulations Air Pollution
Chapter V.
*
11/07/06
6/26/07 ..............................
[insert FR page number
where the document begins].
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, Sections 5–75(b) are not a part of the SIP. Article X, Section 5–28 has a state effective date of
08/24/2005.
*
[FR Doc. E7–12237 Filed 6–25–07; 8:45 am]
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]]>Agencies
[Federal Register Volume 72, Number 122 (Tuesday, June 26, 2007)]
[Rules and Regulations]
[Pages 35018-35021]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12237]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2007-0457; FRL-8330-7]
Approval and Promulgation of Implementation Plans; State of Iowa
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a revision to the Iowa State Implementation
Plan (SIP). The purpose of this revision is to update the Polk County
Board of Health Rules and Regulations, Chapter V, Air Pollution. These
revisions reflect updates to the Iowa statewide rules previously
approved by EPA and will ensure consistency between the applicable
local agency rules and Federally-approved rules.
DATES: This direct final rule will be effective August 27, 2007,
without further notice, unless EPA receives adverse comment by July 26,
2007. 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-2007-0457, 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
[[Page 35019]]
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-
2007-0457. 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
www.regulations.gov or e-mail information that you consider to be CBI
or otherwise protected. The 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 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
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://
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 a SIP?
What is the Federal approval process for a SIP?
What does a Federal approval of a state regulation mean to me?
What is being addressed in this document?
Have the requirements for approval of a SIP revision been met?
What action is EPA taking?
What is a SIP?
Section 110 of the Clean Air Act (CAA) requires states to develop
air pollution regulations and control strategies to ensure that state
air quality meets the national ambient air quality standards
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 being addressed in this document?
EPA is approving revisions to the Iowa SIP which include updates to
the Polk County Board of Health Rules and Regulations, Chapter V, Air
Pollution. This revision was initially submitted by Iowa on December
21, 2006. The approval request was modified by letter dated May 3,
2007, in which Iowa requested that we take no action on changes to
Article X, section 5-28, relating to preconstruction waivers. Pursuant
to Iowa's request, EPA is not acting on the revision to section 5-28
and is retaining the version of section 5-28 in the current approved
SIP. Polk County intends to revise the waiver provision in section 5-28
in the near future. Polk County routinely revises its local program to
be consistent with the federally-approved Iowa rules. The 2006
revisions included updates to definitions of distillate oil, biodiesel
fuel, diesel fuel, and painting and surface coating operations.
Polk County also included exemptions to permit requirements to be
consistent with the Iowa SIP. These exemptions cover emissions points
and activities which have low emissions, such as cafeteria facilities
and janitorial services. EPA previously approved these same exemptions
in a statewide rule after the state's technical justification for the
exemptions was reviewed by
[[Page 35020]]
EPA. EPA previously determined that these exemptions would not cause a
relaxation of the Iowa SIP.
Have the requirements for approval of a SIP revision been met?
The state submittal has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submittal also
satisfied the completeness criteria of 40 CFR part 51, appendix V. In
addition, as explained above and in more detail in the technical
support document which is part of this document, the revision meets the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations.
What action is EPA taking?
EPA is approving this revision which includes changes made to the
Polk County SIP submitted by Iowa. These changes are consistent with
the federally-approved Iowa SIP. We do not anticipate any adverse
comments. Please note that if EPA receives adverse comments 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 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 approves a state rule implementing a
Federal standard.
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 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 August 27, 2007. 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: June 8, 2007.
John B. Askew,
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 entry for ``Chapter V'' under the heading ``Polk County'' to read
as follows:
Sec. 52.820 Identification of plan.
* * * * *
(c) * * *
[[Page 35021]]
EPA-Approved Iowa Regulations
----------------------------------------------------------------------------------------------------------------
State
Iowa citation Title effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
Iowa Department of Natural Resources, Environmental Protection Commission [567]
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Polk County
----------------------------------------------------------------------------------------------------------------
CHAPTER V....................... Polk County Board 11/07/06 6/26/07............ Article I, Section 5-2,
of Health Rules [insert FR page definition of
and Regulations number where the ``variance''; Article
Air Pollution document begins]. VI, Sections 5-16(n),
Chapter V. (o) and (p); Article
VIII, Article IX,
Sections 5-27(3) and
(4), Article XIII and
Article XVI, Sections
5-75(b) are not a part
of the SIP. Article X,
Section 5-28 has a
state effective date
of 08/24/2005.
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. E7-12237 Filed 6-25-07; 8:45 am]
BILLING CODE 6560-50-P
