[Federal Register Volume 62, Number 230 (Monday, December 1, 1997)]
[Rules and Regulations]
[Pages 63454-63456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31410]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IA 036-1036; FRL-5929-3]


Approval and Promulgation of Implementation Plans; State of Iowa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The EPA is taking final action to approve an Iowa State 
Implementation Plan (SIP) revision pertaining to the Muscatine, Iowa, 
sulfur dioxide (SO2) nonattainment area. This action will 
make federally enforceable state permits and related source specific 
emission limits and other conditions which will ensure attainment and 
maintenance of the SO2 National Ambient Air Quality 
Standards (NAAQS).

DATES: This rule is effective on December 31, 1997.

[[Page 63455]]

ADDRESSES: Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the: 
Environmental Protection Agency, Air Planning and Development Branch, 
726 Minnesota Avenue, Kansas City, Kansas 66101; and the EPA Air & 
Radiation Docket and Information Center, 401 M Street, SW., Washington, 
DC 20460.

FOR FURTHER INFORMATION CONTACT: Wayne A. Kaiser at (913) 551-7603.

SUPPLEMENTARY INFORMATION:

I. Background

    In the August 15, 1997 Federal Register (62 FR 43681), the EPA 
proposed to approve an Iowa SIP revision which pertained to the 
Muscatine, Iowa, SO2 nonattainment area. The SIP was 
submitted to satisfy the requirements of section 110 and part D of 
title I of the Clean Air Act (Act).
    No comments were received during the public comment period. Thus, 
the EPA is taking final action to approve the state's SIP revision.
    The proposed approval discussed the state's submittal in detail. 
The SIP includes revised permits for three affected SO2 
sources in the Muscatine nonattainment area. These permits contain 
enforceable emission limits and conditions with compliance dates of 
March 15, 1996, for two of the sources and July 18, 1996, for the 
third. The permits result in actual and potential emission reductions 
intended to prevent any exceedances or violations of the SO2 
NAAQS.
    The SIP also demonstrated the state's conformance with the 
nonattainment plan provisions of part D, section 172(c) of the Act and 
section 110.
    There have been no exceedances or violations of the NAAQS at the 
Muscatine monitors since September 1995. The state has committed to 
continue operation of the three monitors in the Muscatine area, and 
will implement provisions of its contingency plan in the event of a 
NAAQS exceedance.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to the SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors, and in relation to relevant statutory and 
regulatory requirements.

II. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget has exempted this regulatory 
action from Executive Order 12866 review.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., the 
EPA must prepare a regulatory flexibility analysis assessing the impact 
of any proposed or final rule on small entities (5 U.S.C. 603 and 604). 
Alternatively, the EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    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. Therefore, because the Federal SIP 
approval does not impose any new requirements, the Administrator 
certifies that it does not have a significant impact on any small 
entities affected. Moreover, due to the nature of the Federal-state 
relationship under the CAA, preparation of a regulatory flexibility 
analysis would constitute Federal inquiry into the economic 
reasonableness of state action. The CAA forbids the EPA to base its 
actions concerning SIPs on such grounds (Union Electric Co. v. U.S. 
E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2)).

C. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to state, local, or tribal governments in the aggregate, or to 
private sector, of $100 million or more. Under section 205, the 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 the EPA to establish a 
plan for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    The EPA has determined that the approval action promulgated does 
not include a Federal mandate that may result in estimated costs of 
$100 million or more to either state, local, or tribal governments in 
the aggregate, or to the private sector. This Federal action approves 
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.

D. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by January 30, 1998. 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, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Dated: November 5, 1997.
Dennis Grams,
Regional Administrator.

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

PART 52--[AMENDED]

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

    Authority: 42 U.S.C. 7401-7671q.

Subpart Q--Iowa

    2. Section 52.820 is amended by adding paragraph (c)(65) to read as 
follows:


Sec. 52.820  Identification of plan.

* * * * *
    (c) * * *
    (65) On June 13, 1996, and April 25, 1997, the Director of the Iowa 
Department of Natural Resources (IDNR) submitted a revision to the 
State Implementation Plan (SIP) which included permits containing 
source specific emission limits and conditions for three sources in 
Muscatine, Iowa.
    (i) Incorporation by reference.
    (A) Grain Processing Corporation permits #95-A-374, #74-A-015-S, 
#79-A-194-S, #79-A-195-S, signed September 18, 1995.
    (B) Muscatine Power and Water permits #74-A-175-S, #95-A-373 signed 
September 14, 1995.
    (C) Monsanto Corporation permits #76-A-265S3, #76-A-161S3, signed 
July 18, 1996.
    (ii) Additional material.
    (A) Letters from Allan E. Stokes, IDNR, to Dennis Grams, 
Environmental Protection Agency, dated June 13, 1996,

[[Page 63456]]

and April 21, 1997, containing supporting SIP information.
[FR Doc. 97-31410 Filed 11-28-97; 8:45 am]
BILLING CODE 6560-50-F