[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.
* * * * *
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
