Approval and Promulgation of Air Quality Implementation Plans; Iowa Update to Materials Incorporated by Reference

[Federal Register Volume 64, Number 224 (Monday, November 22, 1999)]
[Rules and Regulations]
[Pages 63693-63695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30239]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IA 075-1075; FRL-6462-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Iowa Update to Materials Incorporated by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; annual update to IBR process.

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SUMMARY: EPA is updating the materials submitted by Iowa that are 
incorporated by reference into the State Implementation Plan (SIP). The 
regulations affected by this update have been previously submitted by 
the state agency and approved by EPA.

EFFECTIVE DATE: This action is effective November 22, 1999.

ADDRESSES: SIP materials which are incorporated by reference into 40 
CFR part 52 are available for inspection at the following locations:
    Environmental Protection Agency, Region VII, 901 North 5th Street, 
Kansas City, Kansas 66101; the EPA Office of Air and Radiation, Docket 
and Information Center (Air Docket), 401 M Street S.W., Room M1500, 
Washington, D.C. 20460; and Office of the Federal Register, 800 North 
Capitol Street N.W., Suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Edward West at the above Region VII 
address or at (913) 551-7330.

SUPPLEMENTARY INFORMATION: This section provides additional information 
by addressing the following questions:

    What is a SIP?
    What action is EPA taking in this document?
    How does this rule comply with EPA Administrative Procedures?

What is a SIP?

    The SIP is a living document which the state can revise as 
necessary to address the unique air pollution problems in the state. 
Therefore, EPA from time to time must take action on SIP revisions 
containing new and/or revised regulations as being part of the SIP. On 
May 22, 1997 (62 FR 27968), EPA revised the procedures for 
incorporating by reference Federally approved SIPs, as a result of 
consultations between EPA and OFR. The description of the revised SIP 
document, incorporation by reference (IBR) procedures, and 
``Identification of plan'' format are discussed in further detail in 
the May 22, 1997, Federal Register document.

What Action Is EPA Taking in This Document?

    On February, 12, 1999, EPA published a document in the Federal 
Register (64 FR 7091) beginning the new IBR procedure for Iowa, Kansas, 
and Nebraska.
    In this document EPA is doing the first annual update to the 
material being incorporated by reference by Iowa.

How Does This Rule Comply With EPA Administrative Procedures?

    EPA has determined that today's action falls under the ``good 
cause'' exemption in section 553(b)(3)(B) of the Administrative 
Procedures Act (APA) which, upon finding ``good cause,'' authorizes 
agencies to dispense with public participation and section 553(d)(3) 
which allows an agency to make a rule effective immediately (thereby 
avoiding the 30-day delayed effective date otherwise provided for in 
the APA). Today's action simply codifies provisions which are already 
in effect as a matter of law in approved Federal and state programs.
    Under section 553 of the APA, an agency may find good cause where 
procedures are ``impractical, unnecessary, or contrary to the public 
interest.'' Public comment is ``unnecessary'' and ``contrary to the 
public interest'' since the codification only reflects existing law. 
Immediate notice in the CFR benefits the public by updating citations.

I. Administrative Requirements

A. Executive Order (E.O.) 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from E.O. 12866, entitled ``Regulatory Planning and 
Review.''

B. E.O. 12875

    Under E.O. 12875, EPA may not issue a regulation that is not 
required by statute and that creates a mandate upon a state, local, or 
tribal government, unless the Federal Government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments. If the mandate is unfunded, EPA must provide to the OMB a 
description of the extent of EPA's prior consultation with 
representatives of affected state, local, and tribal governments, the 
nature of their concerns, copies of written communications from the 
governments, and a statement supporting the need to issue the 
regulation. In addition, E.O. 12875 requires EPA to develop an 
effective process permitting elected officials and other 
representatives of state, local, and tribal governments ``to provide 
meaningful and timely input in the development of regulatory proposals 
containing significant unfunded mandates.'' Today's rule does not 
create a mandate on state, local, or tribal governments. The rule does 
not impose any enforceable duties on these entities. Accordingly, the 
requirements of section 1(a) of E.O. 12875 do not apply to this rule.
    On August 4, 1999, President Clinton issued a new E.O. on 
federalism, E.O. 13132 (64 FR 43255 (August 10, 1999)), which will take 
effect on November 2, 1999. In the interim, the current E.O. 12612 (52 
FR 41685 (October 30, 1987)) on federalism still applies. This rule 
will not have a substantial direct effect on 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 E.O. 12612, because it merely codifies 
Federal approval of preexisting requirements. The rule affects only one 
state, and does not alter the relationship or the distribution of power 
and responsibilities established in the Clean Air Act (CAA).

C. E.O. 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is 
determined to be ``economically significant'' as defined under E.O. 
12866, and (2) concerns an environmental health or safety risk that EPA 
has reason to believe may have a disproportionate effect on children. 
If the regulatory action meets both criteria, the Agency must evaluate 
the environmental health or safety effects of the planned rule on 
children, and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by the Agency. EPA interprets E.O. 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Order has the 
potential to influence the regulation.
    This rule is not subject to E.O. 13045 because it is not an 
economically significant regulatory action as defined by E.O. 12866, 
and it does not establish a further health or risk-based standard 
because it codifies provisions which implement a previously promulgated 
health or safety-based standard.

[[Page 63694]]

D. E.O. 13084

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly affects or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
Government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments. If the mandate is unfunded, 
EPA must provide to the OMB, in a separately identified section of the 
preamble to the rule, a description of the extent of EPA's prior 
consultation with representatives of affected tribal governments, a 
summary of the nature of their concerns, and a statement supporting the 
need to issue the regulation. In addition, E.O. 13084 requires EPA to 
develop an effective process permitting elected and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.'' This rule 
does not significantly or uniquely affect the communities of Indian 
tribal governments. Accordingly, the requirements of section 3(b) of 
E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility Act (RFA)

    The RFA generally requires an agency to conduct a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements unless the agency certifies that the rule will 
not have a significant economic impact on a substantial number of small 
entities. Small entities include small businesses, small not-for-profit 
enterprises, and small governmental jurisdictions. This final rule will 
not have a significant impact on a substantial number of small entities 
because SIP approvals under section 110 and subchapter I, part D of the 
CAA do not create any new requirements but simply approve requirements 
that the state is already imposing. In addition, this final rule merely 
codifies Federal approvals of state requirements which have already 
occurred. Therefore, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
Moreover, due to the nature of the Federal-state relationship under the 
CAA, preparation of flexibility analysis would constitute Federal 
inquiry into the economic reasonableness of state action. The CAA 
forbids EPA to base its actions concerning SIPs on such grounds. Union 
Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 
7410(a)(2).

F. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
annual costs to state, local, or tribal governments in the aggregate, 
or to private sector, of $100 million or more. Under section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated annual costs of 
$100 million or more to either state, local, or tribal governments in 
the aggregate, or to the private sector. This Federal action codifies 
Federal approvals of preexisting requirements under state or local law, 
and imposes no new requirements. Accordingly, no additional costs to 
state, local, or tribal governments, or to the private sector, result 
from this action.

G. Submission to Congress and the Comptroller General

    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 United States Senate, the United States 
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 rule is not a ``major'' rule as defined by 5 
U.S.C. 804(2).

H. Petitions for Judicial Review

    EPA has also determined that the provisions of section 307(b)(1) of 
the CAA pertaining to petitions for judicial review are not applicable 
to this action. Prior EPA rulemaking actions for each individual 
component of the Iowa SIP compilations had previously afforded 
interested parties the opportunity to file a petition for judicial 
review in the United States Court of Appeals for the appropriate 
circuit within 60 days of such rulemaking action. Thus, EPA sees no 
need in this action to reopen the 60-day period for filing such 
petitions for judicial review.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: September 17, 1999.
William Rice,
Acting Regional Administrator, Region VII.

    Part 52 of chapter I, title 40, Code of Federal Regulations, is 
amended as follows:

PART 52--[AMENDED]

    1. The authority for citation for part 52 continues to read as 
follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart Q--Iowa

    2. Section 52.824 paragraph (b) is revised to read as follows:


Sec. 52.824  Original Identification of Plan Section.

* * * * *
    (b) Incorporation by reference.
    (1) Material listed in paragraphs (c) and (d) of this section with 
an EPA approval date prior to August 1, 1999, was approved for 
incorporation by reference by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is 
incorporated as it exists on the date of the approval, and notice of 
any change in the material will be published in the Federal Register. 
Entries in paragraphs (c) and (d) of this section with EPA approval 
dates after August 1, 1999, will be incorporated by reference in the 
next update to the SIP compilation.
    (2) EPA Region VII certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) are an 
exact duplicate of the officially promulgated state rules/regulations 
which have been approved as part of the SIP as of August 1, 1999.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Environmental Protection Agency, Region VII, Air 
Planning and Development Branch, 901

[[Page 63695]]

North 5th Street, Kansas City, Kansas 66101; the Office of Federal 
Register, 800 North Capitol Street, NW, Suite 700, Washington, DC; or 
at EPA Air and Radiation Docket and Information Center, Air Docket 
(6102), 401 M Street, SW, Washington, DC 20460.
* * * * *
[FR Doc. 99-30239 Filed 11-19-99; 8:45 am]
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