[Federal Register Volume 73, Number 43 (Tuesday, March 4, 2008)]
[Rules and Regulations]
[Pages 11554-11557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4042]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2007-1180; FRL-8535-9]


Approval and Promulgation of Implementation Plans; State of Iowa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving the State Implementation Plan (SIP) revision 
submitted by the state of Iowa to demonstrate that the state meets the 
requirements of Section 110(a)(1) and (2) of the Clean Air Act (CAA). 
Section 110(a) of the CAA requires that each state adopt and submit a 
SIP for the implementation, maintenance and enforcement of each NAAQS 
promulgated by the EPA and is commonly referred to as an infrastructure 
SIP. In 1997, EPA promulgated the 8-hour ozone primary and secondary 
NAAQS. A revision to Iowa's SIP detailing how the state plans to ensure 
that the revised ozone standard is implemented, enforced, and 
maintained in Iowa was submitted on June 15, 2007. The submittal 
addressed all the elements of the October 2, 2007, guidance issued by 
the Office of Air Quality and Planning Standards with regard to 
infrastructure SIPs.

DATES: This direct final rule will be effective May 5, 2008, without 
further notice, unless EPA receives adverse comment by April 3, 2008. 
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-2007-1180, by one of the following methods:
    1. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    2. E-mail: [email protected].
    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-
2007-1180. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://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 http://www.regulations.gov or e-mail

[[Page 11555]]

information that you consider to be CBI or otherwise protected. The 
http://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 http://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 
http://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 http://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 [email protected].

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 Section 110(a)(1) and (2) SIP?
What elements are required under Section 110(a)(1) and (2)?
How has the state addressed the elements of the Section 110(a)(1) 
and (2) ``infrastructure'' provisions?
What action is EPA taking?

What is a Section 110(a)(1) and (2) SIP?

    Section 110(a)(1) and (2) of the CAA requires, in part, that states 
submit to EPA plans to implement, maintain and enforce each of the 
NAAQS promulgated by EPA. EPA interprets this provision to require 
states to address basic SIP requirements including emission 
inventories, monitoring, and modeling to assure attainment and 
maintenance of the standards. By statute, SIPs meeting the requirements 
of Section 110(a)(1) and (2) are to be submitted by States within three 
years after promulgation of a new or revised standard. These SIPs are 
commonly called infrastructure SIPs.
    In 1997, EPA promulgated the 8-hour ozone primary and secondary 
NAAQS. Intervening litigation over the 1997 standards caused a delay in 
SIP submittals. The State of Iowa's infrastructure SIP was received by 
EPA Region 7 on June 15, 2007, and the SIP was determined to be 
complete on November 16, 2007.

What elements are required under Section 110(a)(1) and (2)?

    On October 2, 2007, EPA issued guidance for addressing SIP 
``infrastructure'' elements required under Section 110(a)(1) and (2) 
for the 1997 ozone and PM2.5 NAAQS. The 14 elements required to be 
addressed are as follows: (1) Emission limits and other control 
measures; (2) ambient air quality monitoring/data system; (3) program 
for enforcement of control measures; (4) interstate transport; (5) 
adequate resources; (6) stationary source monitoring system; (7) 
emergency power; (8) future SIP revisions; (9) consultation with 
government officials; (10) public notification; (11) prevention of 
significant deterioration (PSD) and visibility protection; (12) air 
quality and monitoring data; (13) permitting fees, and (14) 
consultation/participation by affected local entities.

How has the state addressed the elements of the Section 110(a)(1) and 
(2) ``infrastructure'' provisions?

    Iowa Department of Natural Resources' (IDNR) SIP submittal 
addresses the provisions of Section 110(a)(1) and (2) as described 
below.
    Emission limits and other control measures: Iowa provided an 
overview of the provisions of the Iowa Code (the state enabling 
statute) and the Iowa Administrative Code relevant to air quality 
control regulations. Section 455B.133 of the Iowa Code generally 
authorizes the Environmental Protection Commission to adopt rules for 
the control of air pollution, including those necessary to obtain EPA 
approval under Section 110 of the CAA. The submittal also includes 
references to rules adopted by Iowa to control air pollution, including 
ozone precursors. EPA believes these provisions are adequate to protect 
the 8-hour ozone standard in the state.
    Ambient air quality monitoring/data system: IDNR submitted 
information with regard to the organization and structure of the 
monitoring program that includes the local air quality programs and the 
University of Iowa Hygienic Laboratory. These entities collect air 
monitoring data, quality assure the results and report the data. The 
submittal includes maps indicating Iowa's ozone monitor locations and 
design values for 2001-2003, 2002-2004, and 2003-2005. In addition, 
ozone summary reports from the Air Quality System from 1998-2006 is 
included as well as a table of counties in Iowa and their designations 
which are all unclassifiable/attainment.
    Program for enforcement of control measures including review of 
proposed new sources: IDNR's SIP submittal includes a description of 
the compliance activities of the state's regional field offices and the 
two local agencies (Linn and Polk Counties). It also includes a 
description of the state statutory authority to enforce regulations 
relating to attainment and maintenance of the 8-hour ozone standard. 
The SIP submittal also describes how the state's construction permits 
program reviews proposed new major and minor sources of volatile 
organic compounds (VOCs) and nitrogen oxides (NOX) for 
compliance with the 8-hour ozone NAAQS.
    Interstate transport: Iowa included its SIP revision addressing the 
interstate transport provisions in Section 110(a)(2)(D)(i) as an 
attachment to the infrastructure SIP. EPA approved the transport SIP 
for Iowa on March 8, 2007 (72 FR 10380). Therefore, the infrastructure 
SIP rulemaking covered by today's action does not include the transport 
SIP.
    Adequate resources: IDNR's submittal discusses ``Program 
Development'' which is the group within IDNR responsible for adopting 
air quality rules, revising SIPs, developing and tracking the budget, 
establishing the Title V fees, and other planning needs. Detailed 
information with regard to rule development is included as an appendix 
to the submittal. The Program Development section also coordinates 
agreements with local air pollution control programs (Linn and Polk 
Counties), and works closely with the Small Business Environmental 
Liaison.

[[Page 11556]]

    Stationary source monitoring system: The SIP submission describes 
how the major source and minor source emission inventory programs 
collect emission data throughout the state and ensure the quality of 
data. These programs generate data for ozone precursors (VOCs and 
NOX) and summarize emissions from point, area, mobile, and 
biogenic (natural) sources. IDNR uses this data to track progress 
towards maintaining the NAAQS, develop control and maintenance 
strategies, identify sources and general emission levels, and determine 
compliance with emission regulations and additional EPA requirements.
    Emergency power: IDNR provided an overview of the Iowa 
Administrative Code and refers to the chapter that identifies air 
pollution emergency episodes and preplanned abatement strategies. The 
episode criteria specified in this chapter for ozone are based on a 1-
hour average ozone level at a monitoring site. These criteria have 
previously been approved by EPA as adequate to address ozone emergency 
episodes.
    Future SIP revisions: As previously discussed, IDNR's Program 
Development section is the area of IDNR responsible for adopting air 
quality rules and revising SIPs as needed to protect the NAAQS. Iowa 
has the ability and authority to respond to calls for SIP revisions. 
Detailed information with regard to rule development is included as an 
appendix to the SIP submittal.
    Consultation with government officials: The submission describes 
how the Program Development section is responsible for consultation 
with government officials whose jurisdictions might be affected by SIP 
development activities.
    Public notification: The state's emergency episode provisions, 
discussed above, provide for notification to the public when the NAAQS, 
including the ozone NAAQS, are exceeded.
    PSD and visibility protection: This element is addressed in an 
appendix to the submittal which addresses the requirements of the 
110(a)(2)(D)(i) SIP that was approved in the Federal Register on March 
8, 2007. In that submission, Iowa demonstrated its authority to 
regulate new and modified sources of ozone precursors (VOCs and 
NOX) to assist in the protection of air quality in Iowa and 
in other states.
    Air quality and modeling/data: Iowa has authority pursuant to 
Section 455B.133 to conduct air quality modeling and report the results 
of such modeling to EPA. Iowa's submission also shows that ambient 
ozone monitoring is used, in conjunction with pre- and post-
construction ambient air monitoring, to track local and regional scale 
changes in ozone concentrations.
    Permitting fees: The SIP revision addresses the review of 
construction permits as previously discussed. Permitting fees are 
collected through the state's Title V fees program.
    Consultation/participation by affected local entities: The Program 
Development section coordinates with local governments affected by the 
SIP. Iowa's submission also includes a description of the public 
participation process for SIP development as described previously.

What action is EPA taking?

    As described above, IDNR has addressed the elements of the CAA 
110(a)(1) and (2) SIP requirements pursuant to EPA's October 2, 2007, 
guidance to ensure that the revised ozone standard is implemented, 
enforced, and maintained in Iowa. It should be noted that Iowa is 
currently in attainment with the 8-hour ozone NAAQS.
    We are processing this action as a direct final action because 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 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 rule 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 rule 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 rule 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 rule 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 rule 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

[[Page 11557]]

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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by May 5, 2008. 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: February 15, 2008.
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 table (e) is amended by adding an entry in numerical 
order to read as follows:


Sec.  52.820  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Iowa Nonregulatory SIP Provisions
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                                     Applicable
   Name of nonregulatory SIP        geographic or      State  submittal    EPA approval date      Explanation
           provision             nonattainment area          date
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                                                  * * * * * * *
(38) CAA 110(a)(1) and (2)--     Statewide.........  6/15/07............  3/04/08 [insert FR
 Ozone Infrastructure SIP.                                                 page number where
                                                                           the document
                                                                           begins].
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 [FR Doc. E8-4042 Filed 3-3-08; 8:45 am]
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