[Federal Register: March 4, 2008 (Volume 73, Number 43)]
[Rules and Regulations]
[Page 11554-11557]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04mr08-15]
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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: Hamilton.heather@epa.gov.
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 hamilton.heather@epa.gov.
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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