49708 Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Proposed Rules 

claim. The Agency notes that a final rule 

may vary from the proposal. To the 

extent that manufacturers have labeled 

their products consistent with the 

proposed requirements, and the final 

requirements differ from what the 

Agency proposed, manufacturers will be 

required to change their labels to 

conform to the final rule. 

III. How To Submit Comments 

Interested persons may submit to the 

Division of Dockets Management (see 

ADDRESSES) either electronic or written 

comments regarding this document. It is 

only necessary to send one set of 

comments. It is no longer necessary to 

send two copies of mailed comments. 

Identify comments with the docket 

number found in brackets in the 

heading of this document. Received 

comments may be seen in the Division 

of Dockets Management between 9 a.m. 

and 4 p.m., Monday through Friday. 

Dated: August 8, 2011. 

Leslie Kux, 

Acting Assistant Commissioner for Policy. 

[FR Doc. 2011–20406 Filed 8–10–11; 8:45 am] 

BILLING CODE 4160–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2011–0470, FRL–9450–8] 

Approval and Promulgation of 

Implementation Plans; Iowa: 

Prevention of Significant Deterioration; 

Greenhouse Gas Permitting Authority 

and Tailoring Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a revision to the Iowa State 

Implementation Plan (SIP) relating to 

regulation of Greenhouse Gases (GHGs) 

under Iowa’s Prevention of Significant 

Deterioration (PSD) program. This 

revision was submitted by the Iowa 

Department of Natural Resources (IDNR) 

to EPA on December 22, 2010. It is 

intended to align Iowa’s regulations 

with the ‘‘PSD and Title V Greenhouse 

Gas Tailoring Final Rule.’’ EPA is 

proposing to approve the revision 

because the Agency has made the 

preliminary determination that the SIP 

revision, already adopted by Iowa as a 

final effective rule, is in accordance 

with the Clean Air Act (CAA or Act) and 

EPA regulations regarding PSD 

permitting for GHGs. 

DATES: Comments must be received on 

or before September 12, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2011–0470, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: gonzalez.larry@epa.gov. 

3. Fax: (913) 551–7844. 

4. Mail: 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. 

5. Hand Delivery or Courier: Mr. Larry 

Gonzalez, 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. Such deliveries are 

only accepted during the Regional 

Office’s normal hours of operation. The 

Regional Office’s official hours of 

business are Monday through Friday, 

8 a.m. to 4:30 p.m., excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–2011– 

0470. 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, 

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. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

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 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 to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding the Iowa SIP, 

contact Mr. Larry Gonzalez, 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. Mr. Gonzalez’s 

telephone number is (913) 551–7047; email address: gonzalez.larry@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What action is EPA proposing in today’s 

notice? 

II. What is the background for the PSD SIP 

approval proposed by EPA in today’s 

notice? 

III. What is EPA’s analysis of Iowa’s proposed 

SIP revision? 

IV. Proposed Action 

V. Statutory and Executive Order Reviews 

I. What action is EPA proposing in 

today’s notice? 

On December 22, 2010, IDNR 

submitted a request to EPA to approve 

revisions to the State’s SIP and Title V 

program to incorporate recent rule 

amendments adopted by the Iowa 

Environmental Protection Commission. 

These adopted rules became effective in 

the Iowa Administrative Code on that 

date. These amendments establish 

thresholds for GHG emissions in Iowa’s 

PSD and Title V regulations at the same 

emissions thresholds and in the same 


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Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Proposed Rules 49709 

1EPA intends to address Iowa’s December 22, 

2010, request to approve revisions to the Title V 

program relating to GHGs in a subsequent 

rulemaking. 

2 ‘‘Limitation of Approval of Prevention of 

Significant Deterioration Provisions Concerning 

Greenhouse Gas Emitting-Sources in State 

Implementation Plans; Final Rule.’’ 75 FR 82536 

(December 30, 2010). 

3 ‘‘Endangerment and Cause or Contribute 

Findings for Greenhouse Gases Under Section 

202(a) of the Clean Air Act.’’ 74 FR 66496 

(December 15, 2009). 

4 ‘‘Interpretation of Regulations that Determine 

Pollutants Covered by Clean Air Act Permitting 

Programs.’’ 75 FR 17004 (Apr. 2, 2010). 

5 ‘‘Light-Duty Vehicle Greenhouse Gas Emission 

Standards and Corporate Average Fuel Economy 

Standards; Final Rule.’’ 75 FR 25324 (May 7, 2010). 

6Specifically, by action dated December 13, 2010, 

EPA finalized a ‘‘SIP Call’’ that would require those 

states with SIPs that have approved PSD programs 

but do not authorize PSD permitting for GHGs to 

submit a SIP revision providing such authority. 

‘‘Action To Ensure Authority To Issue Permits 

Under the Prevention of Significant Deterioration 

Program to Sources of Greenhouse Gas Emissions: 

Finding of Substantial Inadequacy and SIP Call,’’ 75 

FR 77698 (December 13, 2010). EPA made findings 

of failure to submit in some states which were 

unable to submit the required SIP revision by their 

deadlines, and finalized FIPs for such states. See, 

e.g. ‘‘Action To Ensure Authority To Issue Permits 

Under the Prevention of Significant Deterioration 

Program to Sources of Greenhouse Gas Emissions: 

Finding of Failure To Submit State Implementation 

Plan Revisions Required for Greenhouse Gases,’’ 75 

FR 81874 (December 29, 2010); ‘‘Action To Ensure 

Authority To Issue Permits Under the Prevention of 

Significant Deterioration Program to Sources of 

Greenhouse Gas Emissions: Federal Implementation 

Plan,’’ 75 FR 82246 (December 30, 2010). Because 

Iowa’s SIP already authorizes Iowa to regulate 

GHGs once GHGs became subject to PSD 

requirements on January 2, 2011, Iowa is not subject 

to the SIP Call or FIP. 

7 ‘‘Limitation of Approval of Prevention of 

Significant Deterioration Provisions Concerning 

Greenhouse Gas Emitting-Sources in State 

Implementation Plans; Final Rule.’’ 75 FR 82536 

(December 30, 2010). 

8Tailoring Rule, 75 FR at 31517. 

9PSD SIP Narrowing Rule, 75 FR at 82540. 

time-frames as those specified by EPA 

in the ‘‘PSD and Title V Greenhouse Gas 

Tailoring Final Rule’’ (75 FR 31514), 

hereafter referred to as the ‘‘Tailoring 

Rule,’’ ensuring that smaller GHG 

sources emitting less than these 

thresholds will not be subject to 

permitting requirements for GHGs that 

they emit. The amendments to the SIP 

clarify the applicable thresholds in the 

Iowa SIP, address the flaw discussed in 

the ‘‘Limitation of Approval of 

Prevention of Significant Deterioration 

Provisions Concerning Greenhouse Gas 

Emitting-Sources in State 

Implementation Plans Final Rule,’’ 75 

FR 82536 (December 30, 2010) (the 

‘‘PSD SIP Narrowing Rule’’), and 

incorporate state rule changes adopted 

at the state level into the Federallyapproved SIP. In today’s notice, 

pursuant to section 110 of the CAA, 

EPA is proposing to approve these 

revisions into the Iowa SIP.1

II. What is the background for the PSD 

SIP approval proposed by EPA in 

today’s notice? 

This section briefly summarizes EPA’s 

recent GHG-related actions that provide 

the background for today’s proposed 

actions. More detailed discussion of the 

background is found in the preambles 

for those actions. In particular, the 

background is contained in what we 

called the PSD SIP Narrowing Rule,2

and in the preambles to the actions cited 

therein. 

A. GHG-Related Actions 

EPA has recently undertaken a series 

of actions pertaining to the regulation of 

GHGs that, although for the most part 

distinct from one another, establish the 

overall framework for today’s proposed 

action on the Iowa SIP. Four of these 

actions include, as they are commonly 

called, the ‘‘Endangerment Finding’’ 

and ‘‘Cause or Contribute Finding,’’ 

which EPA issued in a single final 

action,3 the ‘‘Johnson Memo 

Reconsideration,’’ 4 the ‘‘Light-Duty 

Vehicle Rule,’’ 5 and the ‘‘Tailoring 

Rule.’’ Taken together and in 

conjunction with the CAA, these actions 

established regulatory requirements for 

GHGs emitted from new motor vehicles 

and new motor vehicle engines; 

determined that such regulations, when 

they took effect on January 2, 2011, 

subjected GHGs emitted from stationary 

sources to PSD requirements; and 

limited the applicability of PSD 

requirements to GHG sources on a 

phased-in basis. EPA took this last 

action in the Tailoring Rule, which, 

more specifically, established 

appropriate GHG emission thresholds 

for determining the applicability of PSD 

requirements to GHG-emitting sources. 

PSD is implemented through the SIP 

system. In December 2010, EPA 

promulgated several rules to implement 

the new GHG PSD SIP program. 

Recognizing that some states had 

approved SIP PSD programs that did not 

apply PSD to GHGs, EPA issued a SIP 

Call and, for some of these states, a 

Federal Implementation Plan (FIP).6

Recognizing that other states had 

approved SIP PSD programs that do 

apply PSD to GHGs, but that do so for 

sources that emit as little as 100 or 250 

tpy of GHG, and that do not limit PSD 

applicability to GHGs to the higher 

thresholds in the Tailoring Rule, EPA 

issued the PSD SIP Narrowing Rule. 

Under that rule, EPA withdrew its 

approval of the affected SIPs to the 

extent those SIPs covered GHG-emitting 

sources below the Tailoring Rule 

thresholds. EPA based its action 

primarily on the ‘‘error correction’’ 

provisions of CAA section 110(k)(6). 

B. Iowa’s Actions 

On July 20, 2010, Iowa provided a 

letter to EPA, in accordance with a 

request to all states from EPA in the 

Tailoring Rule, with confirmation that 

the State of Iowa has the authority to 

regulate GHGs in its PSD program. The 

letter also confirmed Iowa’s intent to 

amend its air quality rules for the PSD 

program for GHGs to match the 

thresholds set in the Tailoring Rule. See 

the docket for this proposed rulemaking 

for a copy of Iowa’s letter. 

In the PSD SIP Narrowing Rule, 

published on December 30, 2010, EPA 

withdrew its approval of Iowa’s SIP 

(among other SIPs) to the extent that the 

SIP applies PSD permitting 

requirements to GHG emissions from 

sources emitting at levels below those 

set in the Tailoring Rule.7 As a result, 

Iowa’s current approved SIP provides 

the State with authority to regulate 

GHGs, but only at and above the 

Tailoring Rule thresholds; and requires 

new and modified sources to receive a 

Federal PSD permit based on GHG 

emissions only if they emit or have 

potential to emit at or above the 

Tailoring Rule thresholds. 

The basis for this proposed SIP 

revision is that limiting PSD 

applicability to GHG sources to the 

higher thresholds in the Tailoring Rule 

is consistent with the SIP provisions 

that require assurances of adequate 

resources, and thereby addresses the 

flaw in the SIP that led to the PSD SIP 

Narrowing Rule. Specifically, CAA 

section 110(a)(2)(E) includes as a 

requirement for SIP approval that states 

provide ‘‘necessary assurances that the 

State * * * will have adequate 

personnel [and] funding * * * to carry 

out such [SIP].’’ In the Tailoring Rule, 

EPA established higher thresholds for 

PSD applicability to GHG-emitting 

sources on grounds that the states 

generally did not have adequate 

resources to apply PSD to GHG-emitting 

sources below the Tailoring Rule 

thresholds,8 and no state, including 

Iowa, asserted that it did have adequate 

resources to do so.9 In the PSD SIP 

Narrowing Rule, EPA found that the 

affected states, including Iowa, had a 

flaw in their SIP at the time they 

submitted their PSD programs, which 

was that the applicability of the PSD 

programs was potentially broader than 

the resources available to them under 


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49710 Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Proposed Rules 

10 Id. at 82542. 

11 Id. at 82544. 

12 Id. at 82540. 

their SIP.10 Accordingly, for each 

affected state, including Iowa, EPA 

concluded that EPA’s action in 

approving the SIP was in error, under 

CAA section 110(k)(6), and EPA 

rescinded its approval to the extent the 

PSD program applies to GHG-emitting 

sources below the Tailoring Rule 

thresholds.11 EPA recommended that 

states adopt a SIP revision to 

incorporate the Tailoring Rule 

thresholds, thereby (i) assuring that 

under state law, only sources at or above 

the Tailoring Rule thresholds would be 

subject to PSD; and (ii) avoiding 

confusion under the Federally approved 

SIP by clarifying that the SIP applies to 

only sources at or above the Tailoring 

Rule thresholds.12

III. What is EPA’s analysis of Iowa’s 

proposed SIP revision? 

On December 22, 2010, IDNR 

submitted a revision of its regulations to 

EPA for processing and approval into 

the SIP. This SIP revision puts in place 

the GHG emission thresholds for PSD 

applicability set forth in EPA’s Tailoring 

Rule. EPA’s approval of Iowa’s SIP 

revision will incorporate the revisions 

of the Iowa regulations into the 

Federally-approved SIP. Doing so will 

clarify the applicable thresholds in the 

Iowa SIP. 

The State of Iowa’s December 22, 

2010, proposed SIP revision establishes 

thresholds for determining which 

stationary sources and modification 

projects become subject to permitting 

requirements for GHG emissions under 

Iowa’s PSD program. Specifically, 

Iowa’s December 22, 2010, proposed SIP 

revision includes changes—which are 

already effective—to Iowa’s 

Administrative Code, revising the 

subrule 33.3(1) definition of ‘‘regulated 

New Source Review (NSR) pollutant’’ to 

specifically define the term ‘‘subject to 

regulation’’ for the PSD program, and to 

define ‘‘greenhouse gases (GHGs)’’ and 

‘‘tpy CO2 equivalent emissions (CO2e).’’ 

Additionally, the amendments to 

subrule 33.3(1) specify the methodology 

for calculating an emissions increase for 

GHGs, the applicable thresholds for 

GHG emissions subject to PSD, and the 

schedule for when the applicability 

thresholds take effect. 

Iowa is currently a SIP-approved State 

for the PSD program, and has previously 

incorporated EPA’s 2002 NSR reform 

revisions for PSD into its SIP. See 72 FR 

27056 (May 14, 2007). The changes to 

Iowa’s PSD program regulations are 

substantively the same as the Federal 

provisions amended in EPA’s Tailoring 

Rule. As part of its review of Iowa’s 

submittal, EPA performed a line-by-line 

review of Iowa’s proposed revision and 

has preliminarily determined that it is 

consistent with the Tailoring Rule. 

IV. Proposed Action 

Pursuant to section 110 of the CAA, 

EPA is proposing to approve Iowa’s 

December 22, 2010 revisions to the Iowa 

SIP, relating to PSD requirements for 

GHG-emitting sources. Specifically, 

Iowa’s December 22, 2010, proposed SIP 

revision establishes appropriate 

emissions thresholds for determining 

PSD applicability to new and modified 

GHG-emitting sources in accordance 

with EPA’s Tailoring Rule. EPA has 

made the preliminary determination 

that this SIP revision is approvable 

because it is in accordance with the 

CAA and EPA regulations regarding 

PSD permitting for GHGs. 

If EPA does approve Iowa’s changes to 

its air quality regulations to incorporate 

appropriate thresholds for GHG 

permitting applicability into Iowa’s SIP, 

then section 52.822(b) of 40 CFR part 

52, as included in EPA’s PSD SIP 

Narrowing Rule—which codifies EPA’s 

limiting its approval of Iowa’s PSD SIP 

to not cover the applicability of PSD to 

GHG-emitting sources below the 

Tailoring Rule thresholds—is no longer 

necessary. In today’s proposed action, 

EPA is also proposing to amend section 

52.822(b) of 40 CFR part 52 to remove 

this unnecessary regulatory language. 

V. Statutory and Executive Order 

Reviews 

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), 7661a(d); 40 CFR 

52.02(a); 40 CFR 70.1(c). Thus, in 

reviewing SIP submissions, EPA’s role 

is to approve state choices, provided 

that they meet the criteria of the CAA. 

Accordingly, this proposed action 

merely approves the State’s law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by the State’s 

law. For that reason, the proposed 

approvals of Iowa’s revision to its SIP 

relating to GHGs: 

• Are not ‘‘significant regulatory 

actions’’ under the terms of Executive 

Order 12866 (58 FR 51735, October 4, 

1993) and are therefore not subject to 

review under Executive Orders 12866 

and 13563 (76 FR 3821, January 21, 

2011); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Are 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.); 

• Do 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); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not economically significant 

regulatory actions based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not significant regulatory 

actions subject to Executive Order 

13211 (66 FR 28355, May 22, 2001); 

• Are 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 

• Do 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). 

In addition, this proposed rule does 

not have Tribal implications as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), because 

the SIP program is not approved to 

apply in Indian country located in the 

State, and EPA notes that it will not 

impose substantial direct costs on Tribal 

governments or preempt Tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, and Reporting and 

recordkeeping requirements. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: August 3, 2011. 

Karl Brooks, 

Regional Administrator, Region 7. 

[FR Doc. 2011–20455 Filed 8–10–11; 8:45 am] 

BILLING CODE 6560–50–P 


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