[Federal Register Volume 72, Number 92 (Monday, May 14, 2007)]
[Rules and Regulations]
[Pages 27056-27059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9131]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2007-0015; FRL-8312-5]
Approval and Promulgation of Implementation Plans; State of Iowa
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) submission
by the state of Iowa which revises the air quality rules to include
portions of the Federal New Source Review (NSR) regulations promulgated
by EPA in December 2002. These revisions do not include the portion of
the rules for nonattainment areas as there are currently no
nonattainment areas in the state of Iowa. The definitions and
applicability portions of the Prevention of Significant Deterioration
(PSD) program were written into the state rules while the remaining
portions of the PSD program were adopted by reference. All references
to clean units and pollution control projects are not adopted by
reference. Iowa has also not adopted portions of the Federal rule
relating to exceptions from recordkeeping requirements.
DATES: This rule is effective on June 13, 2007.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2007-0015. All documents in the docket are listed on
the http://www.regulations.gov Web site. 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 through
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. The Regional Office's official hours of
business are Monday through Friday, 8 to 4:30 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 SIP?
What is the Federal approval process for a SIP?
What does Federal approval of a State regulation mean to me?
What is the background for this action?
What is being addressed in this document?
Have the requirements for approval of a SIP revision been met?
What action is EPA taking?
What is a SIP?
Section 110 of the Clean Air Act (CAA) requires states to develop
air pollution regulations and control strategies to ensure that state
air quality meets the national ambient air quality standards
established by EPA. These ambient standards are established under
section 109 of the CAA, and they currently address six criteria
pollutants. These pollutants are: carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and sulfur dioxide.
Each state must submit these regulations and control strategies to
us for approval and incorporation into the federally-enforceable SIP.
Each federally-approved SIP protects air quality primarily by
addressing air pollution at its point of origin. These SIPs can be
extensive, containing state regulations or other enforceable documents
and supporting information such as emission inventories, monitoring
networks, and modeling demonstrations.
What is the Federal approval process for a SIP?
In order for State regulations to be incorporated into the
Federally-enforceable SIP, States must formally adopt the regulations
and control strategies consistent with State and Federal requirements.
This process generally includes a public notice, public hearing, public
comment period, and a formal adoption by a state-authorized rulemaking
body.
Once a State rule, regulation, or control strategy is adopted, the
State submits it to us for inclusion into the SIP. We must provide
public notice and seek additional public comment regarding the final
Federal action on the State submission. If adverse comments are
received, they must be addressed prior to any final Federal action by
us.
All State regulations and supporting information approved by EPA
under section 110 of the Clean Air Act (CAA or Act) are incorporated
into the Federally-approved SIP. Records of such SIP actions are
maintained in the Code of Federal Regulations (CFR) at title 40, part
52, entitled ``Approval and Promulgation of Implementation Plans.'' The
actual state regulations which are approved are not reproduced in their
entirety in the CFR outright but are ``incorporated by reference,''
which means that we have approved a given state regulation with a
specific effective date.
What does Federal approval of a State regulation mean to me?
Enforcement of the State regulation before and after it is
incorporated into the Federally-approved SIP is primarily a State
responsibility. However, after the regulation is Federally-approved, we
are authorized to take enforcement action against violators. Citizens
are also offered legal recourse to address violations as described in
section 304 of the CAA.
What is the background of this action?
The 2002 NSR Reform rules are part of EPA's implementation of parts
C and D of title I of the CAA, 42 U.S.C. 7470-7515. Part C of title I
of the CAA, 42 U.S.C. 7470-7492, is the Prevention of Significant
Deterioration (PSD) program, which applies in areas that meet the
National Ambient Air Quality Standards (NAAQS), also known as
``attainment areas'' and in areas for which there is insufficient
information to determine whether the area meets the NAAQS, also known
as ``unclassifiable'' areas.
[[Page 27057]]
Part D of Title I of the CAA, 42 U.S.C. 7501-7515, is the
nonattainment New Source Review (NNSR) program, which applies in areas
that are not in attainment of the NAAQS, also known as ``nonattainment
areas.'' Collectively, the PSD and NNSR programs are referred to as the
``New Source Review'' or NSR programs. EPA regulations implementing
these programs are contained in 40 CFR 51.165, 51.166, 52.21 52.24 and
part 51, appendix S. The SIP submittal from the State of Iowa does not
include the portion of the rules relating to NSR reform provisions for
nonattainment areas as the State of Iowa currently has no areas
designated nonattainment.
The 2002 NSR Reform rules made changes to five areas of the NSR
programs. In summary, the 2002 rules: (1) Provide a new method for
determining baseline actual emissions; (2) adopt an actual-to-
projected-actual methodology for determining whether a major
modification has occurred; (3) allow major stationary sources to comply
with plantwide applicability limits (PALs) to avoid having a
significant emission increase that triggers the requirements of the
major NSR program; (4) provide a new applicability provision for
emissions units that are designated clean units; and (5) exclude
pollution control projects (PCPs).
After the 2002 NSR Reform rules were finalized and effective,
various petitioners challenged numerous aspects of the 2002 NSR Reform
rules, along with portions of EPA's 1980 NSR rules (45 FR 5276, August
7, 1980). On June 24, 2005, the District of Columbia Court of Appeals
issued a decision on the challenges to the 2002 NSR Reform Rules. New
York v. United States, 413 F.3d (DC Cir. 2005). In summary, the Court
of Appeals for the District of Columbia vacated portions of the rules
pertaining to clean units and pollution control projects, remanded a
portion of the rules regarding exemption from recordkeeping, e.g., 40
CFR 52.21(r)(6) and 40 CFR 51.166(r)(6), and let stand the other
provisions included as part of the 2002 NSR Reform rules. EPA has not
yet responded to the Court's remand regarding recordkeeping provisions.
What is being addressed in this document?
The final action described in this section is identical to the
action we proposed in the Federal Register February 26, 2007, notice of
proposed rulemaking (72 FR 8329). We received no comments on any aspect
of the proposal, and we are taking final action based on the rationale
in the proposal and in this final rule.
EPA is revising the Iowa SIP to include the PSD portion of the NSR
regulations. In general, the Iowa revisions consist of incorporation by
reference of substantial portions of the Federal Prevention of
Significant Deterioration (PSD) rule and inclusion of other portions of
the Federal rule almost verbatim. Iowa has not adopted provisions of
the 2002 reform rule which were either vacated or remanded by the
Court, as previously described. The Iowa Department of Natural
Resources (IDNR) has identified portions of its rule which are at
variance with the Federal rule and has provided conclusions with
respect to equivalency of the State rule with the Federal requirements.
Revisions to the Iowa Administrative Code (567-20.1 and 567-22.4)
add language to reference the new Chapter 33 entitled ``Special
Regulations and Construction Permit Requirements for Major Stationary
Sources--Prevention of Significant Deterioration (PSD) of Air
Quality.'' These revisions are informational in nature and do not
include substantive requirements.
Chapter 33 of the Iowa rules contains the substantive PSD rule
revisions which include EPA's NSR reform rules as previously described.
The Federal provisions are adopted as follows: (1) The definitions,
applicability provisions, public participation procedures, and source
obligation provisions (the requirements in section 52.21(r) of the
Federal rule with the exception of the provision in section 52.21(r)(6)
which exempts certain emissions changes from the recordkeeping
requirements) are set forth in language which tracks the relevant
language of the corresponding Federal rules; and, (2) the remainder of
the Federal PSD rules upheld by the Court are adopted by reference.
The State's definition section (567-33.3(1)) contains several
definitions with wording which differs from the wording in the Federal
rule, but the differences are either not substantive or do not affect
the stringency of the rule. These differences are described in the
technical support document, and EPA believes that the differences do
not affect the approvability of the rule. Another example of a
difference is that the State does not incorporate by reference the
Federal definitions relating to the clean unit exemption and pollution
control project exclusion, which provisions were vacated by the court.
The applicability section (567-33.3(2)) discusses the application
of PSD program requirements as they apply to the construction of any
new major stationary source, or any project at an existing major
stationary source in an area designated as attainment or
unclassifiable. This section extracts the language from 40 CFR
51.166(a)(7), including the actual-to-projected-actual test for
determining whether a modification is subject to the rule and other
provisions of the Federal rule.
The public participation procedures in the State rule (567-
33.3(17)) are substantially the same as the rules in the existing SIP.
EPA believes that these procedures meet the corresponding requirements
in 40 CFR 51.166.
The following sections were adopted by reference as specified in 40
CFR 52.21: Ambient air increments; Ambient air ceilings; Restrictions
on area classifications; Redesignation; Stack heights; Exemptions;
Control technology review; Source impact analysis; Air quality models;
Air quality analysis; Source information, and Additional impact
analyses.
The provisions of the State rule relating to exclusions from
increment consumption, sources impacting Federal Class I areas--
additional requirements, and innovative control technology adopt by
reference the relevant portions of 40 CFR 51.166 except for the phrases
that contain ``the plan may provide that,'' ``the plan provides that,''
``it shall also provide that,'' and ``mechanism whereby.'' These
phrases are excluded to convert the language of section 51.166 to
substantive rules rather than minimum program requirements. The EPA
provisions for plantwide applicability limitations are adopted by
reference except that the term ``Administrator'' used in the Federal
rule means ``the department of natural resources'' in the State rule.
These provisions were reviewed by EPA for consistency with the Federal
requirements and are acceptable.
The reference to Clean Units and Pollution Control Projects as set
forth in 40 CFR 52.21 and 40 CFR 51.166 are not adopted by reference.
In addition, the provision of the Federal rule (40 CFR 52.21(r)(6)),
which exempts certain projects from recordkeeping, is not adopted, so
that recordkeeping requirements apply to all modifications which use
the actual-to-projected-actual test to show nonapplicability. Iowa
intended these deviations from the Federal rule to address the Court
ruling on EPA's reform rules, and EPA believes they are approvable.
[[Page 27058]]
Have the requirements for approval of a SIP revision been met?
The State submittal has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submittal also
satisfied the completeness criteria of 40 CFR part 51, appendix V. In
addition, as explained above and in more detail in the technical
support document that is part of this docket, EPA believes that the
revisions meet the substantive SIP requirements of the CAA, including
section 110 and implementing regulations.
What action is EPA taking?
We are approving revisions to Iowa's rule at Chapter 20, ``Scope of
Title--Definitions--Forms--Rules of Practice,'' and Chapter 22,
``Controlling Pollution,'' as the revisions relate to the NSR
regulations. We are also approving new Chapter 33, ``Special
Regulations and Construction Permit Requirements for Major Stationary
Sources--Prevention of Significant Deterioration (PSD) of Air
Quality.'' It should be noted that Iowa has no nonattainment areas so
those portions of the NSR reform rules are not being addressed with
this rulemaking.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
final 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 final
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 the final approvals in
this final 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 final 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 final 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 SIP 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 SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP 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 final 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 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 July 13, 2007. 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: May 2, 2007.
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(c) the table is amended by:
0
a. Revising the entries for 567-20.1 and 567-22.4.
0
b. Adding in numerical order a heading for Chapter 33 and entries for
567-33.1, 567-33.2, 567-33.3, 567-33.4 to 567-33.8, 567-33.9 and 567-
33.10.
The revisions and additions read as follows:
Sec. 52.820 Identification of plan.
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(c) * * *
[[Page 27059]]
EPA-Approved Iowa Regulations
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State
Iowa citation Title effective date EPA approval date Explanation
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Iowa Department of Natural Resources Environmental Protection Commission [567]
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Chapter 20--Scope of Title--Definitions--Forms--Rule of Practice
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567-20.1............................. Scope of Title.......... N/A 5/14/07 [insert FR page number This rule is a non-substantive
where the document begins]. description of the Chapters
contained in the Iowa rules. EPA
has not approved all of the
Chapters to which this rule
refers.
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Chapter 22--Controlling Pollution
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* * * * * * *
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567-22.4............................. Special Requirements for 11/1/2006 5/14/07 [insert FR page number
Major Stationary where the document begins].
Sources Located in
Areas Designated
Attainment or
Unclassified (PSD).
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Chapter 33--Special Regulations and Construction Permit Requirements for Major Stationary Sources--Prevention of Significant Deterioration (PSD) of Air
Quality
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567-33.1............................. Purpose................. 11/1/06 5/14/07 [insert FR page number ..................................
where the document begins].
567-33.2............................. Reserved................ 11/1/06 5/14/07 [insert FR page number ..................................
where the document begins].
567-33.3............................. Special construction 11/1/06 5/14/07 [insert FR page number ..................................
permit requirements for where the document begins].
major stationary
sources in areas
designated attainment
or unclassified (PSD).
567-33.4 to 567-33.8................. Reserved................ 11/1/06 5/14/07 [insert FR page number ..................................
where the document begins].
567-33.9............................. Plantwide applicability 11/1/06 5/14/07 [insert FR page number ..................................
limitations (PALs). where the document begins].
567-33.10............................ Exceptions to adoption 11/1/06 5/14/07 [insert FR page number ..................................
by reference. where the document begins.
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[FR Doc. E7-9131 Filed 5-11-07; 8:45 am]
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