[Federal Register Volume 63, Number 53 (Thursday, March 19, 1998)]
[Rules and Regulations]
[Pages 13343-13346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7133]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[IA 040-1040(a); FRL-5980-2]


Approval and Promulgation of Implementation Plans; and 
Designation of Areas for Air Quality Planning Purposes; State of Iowa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: In this action, the EPA is approving a request by the state of 
Iowa to redesignate to attainment the portion of Muscatine County 
currently designated as nonattainment for the sulfur dioxide 
(SO2) National Ambient Air Quality Standards (NAAQS). With 
this approval, the entire state of Iowa will be in attainment status 
for SO2. The EPA is also approving the maintenance plan for 
the Muscatine County nonattainment area which was submitted to ensure 
that attainment of the NAAQS will be maintained.

DATES: This action is effective May 18, 1998 unless by April 20, 1998 
relevant adverse comments are received. If the effective date is 
delayed, timely notice will be published in the Federal Register.

ADDRESSES: Comments may be mailed to Wayne Kaiser, Environmental 
Protection Agency, Air Planning and Development Branch, 726 Minnesota 
Avenue, Kansas City, Kansas 66101.
    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.

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

SUPPLEMENTARY INFORMATION:

I. Background

    A portion of Muscatine County, Iowa, was designated nonattainment 
for SO2 on March 10, 1994, due to violations of the 
SO2 NAAQS in 1991 and 1992. The state developed a control 
strategy for the area and submitted a nonattainment State 
Implementation Plan (SIP) satisfying the requirements of section 110 
and part D of the Act. This SIP revision was approved by the EPA on 
December 1, 1997 (62 FR 63454).
    As a result of source compliance with the control strategy and no 
violations of the standard since 1992, the state submitted a 
maintenance plan and redesignation request on April 21, 1997. 
Consequently, as discussed below, the EPA is taking final action to 
approve the maintenance plan and to redesignate the area to attainment. 
Additional technical material for this action is contained in the 
Technical Support Document (TSD) which is available from the contact 
listed above.

II. Evaluation Criteria

    Section 107(d)(3)(D) of the Act, as amended in 1990, authorizes the 
governor of a state to request the redesignation of an area from 
nonattainment to attainment. The criteria used to review redesignation 
requests are derived from the Act. An area can be redesignated to 
attainment if the following conditions are met:
    1. The area has attained the applicable NAAQS;
    2. The area has a fully approved SIP under section 110(k) of the 
Act;
    3. The EPA has determined that the improvement in air quality in 
the area is due to permanent and enforceable emission reductions;
    4. The EPA has determined that the maintenance plan for the area 
has met all of the requirements of section 175A of the Act; and
    5. The state has met all requirements applicable to the area under 
section 110 and part D of the Act.

III. Summary of State Submittal

    The following paragraphs discuss how the state's redesignation 
request for Muscatine County addresses the Act's requirements.

A. Demonstrated Attainment of the NAAQS

    Eight consecutive quarters of data showing SO2 NAAQS 
attainment are required for redesignation. A violation of the NAAQS 
occurs when more than one exceedance of the SO2 NAAQS is 
recorded in any year (40 CFR 50.4). The state's submittal includes 
ambient monitoring data from the three monitors in the Muscatine 
nonattainment area which show that this requirement has been met. The 
last violation of the NAAQS was in 1992 and the last exceedance in 
1995. No additional exceedances of the NAAQS have been recorded in the 
Aerometric Information and Retrieval system database through December 
1997.

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B. Fully Approved SIP

    The SIP for the area must be fully approved under section 110(k) of 
the Act and must satisfy all requirements that apply to the area. The 
EPA's guidance for implementing section 110 of the Act is discussed in 
the General Preamble to title I (57 FR 13498, April 16, 1992). The 
SO2 SIP for Muscatine met the requirements of section 110 of 
the Act and was approved by the EPA on December 1, 1997 (62 FR 63454).

C. Permanent and Enforceable Reductions in Emissions

    Permanent and enforceable emissions reductions are contained in the 
revised permits issued to the three major SO2 sources in the 
nonattainment area. These permits contain emission limitations and 
operating restrictions which result in both actual and potential 
SO2 emission reductions. These permits are nonexpiring and 
are Federally enforceable.

D. Fully Approved Maintenance Plan

    Section 175A of the Act requires states which submit a 
redesignation request for a nonattainment area to include a maintenance 
plan in order for an area to be redesignated to attainment. The 
maintenance plan is intended to ensure that the area will maintain the 
attainment status it has achieved, and, that if there is a violation, 
the plan will serve to bring the area back into attainment with 
prescribed measures.
    Dispersion modeling for the nonattainment SIP demonstrated 
attainment and maintenance in the area except in the vicinity of one of 
the three monitoring sites, as was discussed in detail in the TSD and 
the Federal Register notice for the nonattainment SIP (62 FR 43681). 
Using the roll-back analysis as a basis for negotiating emission 
reductions with major SO2 sources in the area, the state set 
emission rates and operating conditions in the major source permits 
which it believes will result in both attainment and maintenance of the 
NAAQS for the next ten years. The emissions from the sources cannot 
increase above those specified in the Federally approved permits. If 
the current analysis fails to result in the expected reductions and 
provide for the continued maintenance of the NAAQS, the state commits 
to reevaluate the emission rates and seek appropriate modification of 
the SIP, as well as implementing its contingency measures.
    Once an area has been redesignated, the state must continue to 
operate an appropriate air quality monitoring network, in accordance 
with 40 CFR part 58, to verify the attainment status of the area. The 
maintenance plan should contain provisions for continued operation of 
air quality monitors that will provide such verification. In its 
submittal, the state commits to continue to operate and maintain the 
three existing SO2 monitors in the area to demonstrate 
ongoing compliance with the SO2 NAAQS.
    Section 175A of the Act also requires that a maintenance plan 
include contingency provisions, as necessary, to promptly correct any 
violation of the NAAQS that occurs after redesignation of the area. 
These contingency measures are distinguished from those generally 
required for nonattainment areas under section 172(c)(9). However, if 
an area has been able to attain the NAAQS without implementation of the 
Part D nonattainment SIP contingency measures, and the contingency plan 
includes a requirement that the state will implement all of the 
SO2 control measures which were contained in the SIP before 
redesignation to attainment, then the state can carry over into the 
area's maintenance plan the part D SIP measures not previously 
implemented. The state has included contingency measures which meet 
both the section 172 and 175A requirements.

E. Section 110 and Part D Requirements

    To be redesignated to attainment, section 107(d)(3)(E) requires 
that an area must have met all applicable requirements of section 110 
and part D of title I of the Act.
    The EPA interprets this to mean that for a redesignation request to 
be approved, the state must have met all requirements that applied to 
the subject area prior to or at the time of a complete redesignation 
request.
    The section 110 and part D requirements submitted and approved with 
the nonattainment SIP also satisfy the requirements for the 
redesignation request. As required by part D, the state has a fully 
approved and implemented new source review program. The state may elect 
to apply the existing Federally approved prevention of significant 
deterioration program subsequent to the redesignation, in order to help 
ensure maintenance of the standards.

F. Section 176 Conformity Requirements

    The EPA promulgated final general conformity regulations on 
November 30, 1993 (58 FR 63214). The conformity regulations require 
states to adopt general conformity provisions in the SIPs for areas 
designated nonattainment or subject to a maintenance plan approved 
under section 175A of the Act. The state has adopted the general 
conformity requirements and thus meets the conformity requirements for 
maintenance areas.
    The transportation conformity regulations do not apply in this 
instance since SO2 is not emitted by transportation sources. 
Thus, the state need not adopt (and has not adopted) the transportation 
conformity regulations.

IV. Final Action

    The EPA is approving the state's maintenance plan and request to 
redesignate a portion of Muscatine County to attainment for 
SO2. With this approval, the entire state of Iowa will be 
designated attainment for the SO2 NAAQS.
    The EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, the EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
relevant adverse comments be filed. This rule will be effective May 18, 
1998, without further notice unless the Agency receives relevant 
adverse comments by April 20, 1998.
    If the EPA receives such comments, then the EPA will publish a 
document withdrawing the final rule and informing the public that the 
rule did not take effect. All public comments received will then be 
addressed in a subsequent final rule based on the proposed rule. The 
EPA will not institute a second comment period on the proposed rule. 
Only parties interested in commenting on the proposed rule should do so 
at this time. If no such comments are received, the public is advised 
that this rule will be effective on May 18, 1998, and no further action 
will be taken on the proposed rule.
    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.

V. 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

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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)).
    Redesignation of an area to attainment under section 107(d)(3)(E) 
of the CAA does not impose any new requirements on small entities. 
Redesignation is an action that affects the status of a geographical 
area and does not impose any regulatory requirements on sources. The 
EPA certifies that the approval of the redesignation request will not 
affect a substantial number of small entities.

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. 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. The 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. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

E. 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 May 18, 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

40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Reporting and recordkeeping requirements, Sulfur oxides.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: March 2, 1998.
William Rice,
Acting Regional Administrator, Region VII.
    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 et seq.

Subpart Q--Iowa

    2. Subpart Q is amended by adding Sec. 52.834 to read as follows:


Sec. 52.834  Control strategy: Sulfur dioxide.

    Approval--On April 21, 1997, the Iowa Department of Natural 
Resources (IDNR) submitted a maintenance plan and redesignation request 
for the Muscatine County nonattainment area. The maintenance plan and 
redesignation request satisfy all applicable requirements of the Clean 
Air Act.

PART 81--[AMENDED]

    1. The authority citation for part 81 continues to read as follows:

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

Subpart Q--Iowa

    2. Section 81.316 is amended by revising the table for ``Iowa-
SO2'' to read as follows:


Sec. 81.316  Iowa.

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                                                    Iowa-SO2                                                    
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                                                          Does not meet                                         
          Designated area              Does not meet        secondary          Cannot be          Better than   
                                     primary standards      standards          classified     national standards
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Entire state.......................  .................  .................  .................                  X 
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[FR Doc. 98-7133 Filed 3-18-98; 8:45 am]
BILLING CODE 6560-50-P