98-7133. Approval and Promulgation of Implementation Plans; and Designation of Areas for Air Quality Planning Purposes; State of Iowa  

  • [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.
    
    [[Page 13344]]
    
    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
    
    [[Page 13345]]
    
    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
    ----------------------------------------------------------------------------------------------------------------
    Entire state.......................  .................  .................  .................                  X 
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    [[Page 13346]]
    
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    [FR Doc. 98-7133 Filed 3-18-98; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
5/18/1998
Published:
03/19/1998
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
98-7133
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.
Pages:
13343-13346 (4 pages)
Docket Numbers:
IA 040-1040(a), FRL-5980-2
PDF File:
98-7133.pdf
CFR: (2)
40 CFR 52.834
40 CFR 81.316