[Federal Register Volume 77, Number 123 (Tuesday, June 26, 2012)]
[Rules and Regulations]
[Pages 38006-38007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15020]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2012-0150; FRL-9687-9]


Approval and Promulgation of Implementation Plans; State of Iowa: 
Regional Haze

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing a limited approval of a revision to the 
State Implementation Plan (SIP) for Iowa, submitted by the Iowa 
Department of Natural Resources on March 25, 2008, that addresses 
Regional Haze for the first implementation period. Specifically, these 
revisions address the requirements of the Clean Air Act (CAA or Act) 
and EPA's rules that required States to prevent any future and remedy 
any existing anthropogenic impairment of visibility in Class I areas 
(national parks and wilderness areas) caused by emissions of air 
pollutants located over a wide geographic area (also known as the 
``regional haze'' program). EPA proposed to approve these revisions on 
February 28, 2012. In a separate rulemaking action, EPA finalized the 
limited disapproval of Iowa's regional haze SIP and imposed a Federal 
Implementation Plan (FIP) for Iowa which was signed on May 30, 2012, 
and published in the Federal Register on June 7, 2012.

DATES: This rule will become effective July 26, 2012, except that the 
amendment to Sec.  52.842 is effective August 6, 2012.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R07-OAR-2012-0150. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not publicly available, i.e., Confidential 
Business Information (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 through www.regulations.gov or in hard 
copy at the Air Planning and Development Branch, Air and Waste 
Management Division, U.S. Environmental Protection Agency, Region 7, 
901 North 5th Street, Kansas City, Kansas, 66101. EPA requests that if 
at all possible, you contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section for further information. The regional 
office's official hours of business are Monday through Friday, 8:30 to 
4:30, excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Chrissy Wolfersberger, Air Planning 
and Development Branch, U.S. Environmental Protection Agency, Region 7, 
901 North 5th Street, Kansas City, Kansas 66101; by telephone at (913) 
551-7864; or by email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,'' 
``us,'' and ``our'' refer to EPA.

Table of Contents

I. Background
II. Public Comments and EPA Responses
III. Technical Corrections
IV. Final Action
V. Statutory and Executive Order Reviews

I. Background

    On February 28, 2012 (77 FR 11974), EPA published a notice of 
proposed rulemaking (NPR) for the State of Iowa, proposing limited 
approval of Iowa's regional haze plan for the first implementation 
period (through 2018). A detailed explanation of the CAA's visibility 
requirements and the regional haze rule as it applies to Iowa was 
provided in the NPR and will not be restated here. EPA's rationale for 
proposing limited approval of the Iowa SIP was also described in detail 
in the proposal.

II. Public Comments and EPA Responses

    The publication of EPA's proposed rule on February 28, 2012, 
initiated a 30 day public comment period that ended on March 29, 2012. 
During the public comment period we received no written comments.

III. Technical Corrections

    Table 2, ``Iowa's Absolute Contribution to Visibility Impairment, 
Northern Midwest Class I Areas'' contained one numerical error. Iowa's 
2002 contribution to Voyagers should read 2.16 rather than 2.60.
    In Table 7, ``2002 Iowa Emissions Summary,'' the NH3 
area source inventory should read 6,560 rather than 6.560.

[[Page 38007]]

IV. Final Action

    EPA is finalizing its limited approval of the State of Iowa's 
Regional Haze SIP, submitted on March 25, 2008, as meeting some of the 
applicable regional haze requirements set forth in section 169A and 
169B of the CAA and in the Federal regulations codified at 40 CFR 
51.308, and the requirements of 40 CFR part 51, subpart F and appendix 
V. In a separate rulemaking action, EPA finalized the limited 
disapproval of Iowa's Regional Haze SIP and imposed a FIP for Iowa. 77 
FR 33642.

V. Statutory and Executive Order Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve State choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves State law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by State 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' This rule does not have 
tribal implications, as specified in Executive Order 13175. It will not 
have substantial direct effects on tribal governments. Thus, Executive 
Order 13175 does not apply to this rule.

List of Subjects in 40 CFR Part 52

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

    Dated: June 7, 2012.
Karl Brooks,
Regional Administrator, Region 7.

    40 CFR part 52 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 (e) is amended by adding a 
new entry (39) in numerical order to read as follows:


Sec.  52.820  Identification of plan.

* * * * *
    (e) * * *

                                   EPA-Approved Iowa Nonregulatory 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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                                                  * * * * * * *
(39) Regional Haze plan for the   Statewide..........           3/25/08   6/26/12, [Insert    Sec.   52.842(a);
 first implementation period.                                              Federal Register    Limited Approval.
                                                                           citation].
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0
3. Section 52.842 is amended by revising paragraph (a) to read as 
follows:


Sec.  52.842  Visibility protection.

    (a) Regional Haze. The requirements of section 169A of the Clean 
Air Act are not met because the regional haze plan submitted by Iowa on 
March 25, 2008, does not include fully approvable measures for meeting 
the requirements of 40 CFR 51.308(d)(3) and 51.308(e) with respect to 
emissions of NOX and SO2 from electric generating 
units. EPA has given limited approval and limited disapproval to the 
plan provisions addressing these requirements.
* * * * *
[FR Doc. 2012-15020 Filed 6-25-12; 8:45 am]
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