10380 Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Rules and Regulations 

was permanent or temporary, the reason for 

the shutdown, the anticipated date that the 

monitoring system will be fully operational 

or replaced with another monitoring system, 

and whether the emissions unit monitored by 

the monitoring system continued to operate, 

and the calculation of the emissions of the 

pollutant or the number determined by 

method included in the permit, as provided 

by paragraph IV.K.12(vii) of this Ruling. 

(g) A signed statement by the responsible 

official (as defined by the applicable title V 

operating permit program) certifying the 

truth, accuracy, and completeness of the 

information provided in the report. 

(ii) Deviation report. The major stationary 

source owner or operator shall promptly 

submit reports of any deviations or 

exceedance of the PAL requirements, 

including periods where no monitoring is 

available. A report submitted pursuant to 

§ 70.6(a)(3)(iii)(B) of this chapter shall satisfy 

this reporting requirement. The deviation 

reports shall be submitted within the time 

limits prescribed by the applicable program 

implementing § 70.6(a)(3)(iii)(B) of this 

chapter. The reports shall contain the 

following information: 

(a) The identification of owner and 

operator and the permit number; 

(b) The PAL requirement that experienced 

the deviation or that was exceeded; 

(c) Emissions resulting from the deviation 

or the exceedance; and 

(d) A signed statement by the responsible 

official (as defined by the applicable title V 

operating permit program) certifying the 

truth, accuracy, and completeness of the 

information provided in the report. 

(iii) Re-validation results. The owner or 

operator shall submit to the reviewing 

authority the results of any re-validation test 

or method within 3 months after completion 

of such test or method. 

15. Transition requirements. 

(i) No reviewing authority may issue a PAL 

that does not comply with the requirements 

in paragraphs IV.K.1 through 15 of this 

Ruling after the date that this Ruling becomes 

effective for the State in which the major 

stationary source is located. 

(ii) The reviewing authority may supersede 

any PAL which was established prior to the 

date that this Ruling becomes effective for the 

State in which the major stationary source is 

located with a PAL that complies with the 

requirements of paragraphs IV.K.1 through 15 

of this Ruling. 

L. Severability. If any provision of this 

Ruling, or the application of such provision 

to any person or circumstance, is held 

invalid, the remainder of this Ruling, or the 

application of such provision to persons or 

circumstances other than those as to which 

it is held invalid, shall not be affected 

thereby. 

[FR Doc. E7–3888 Filed 3–7–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2006–1015; FRL–8285–1] 

Approval and Promulgation of 

Implementation Plans; Iowa; Interstate 

Transport of Pollution 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is revising the Iowa State 

Implementation Plan (SIP) for the 

purpose of approving the Iowa 

Department of Natural Resources’

(IDNR) actions to address the ‘‘good 

neighbor’’ provisions of the Clean Air 

Act section 110(a)(2)(D)(i). These 

provisions require each state to submit 

a SIP that prohibits emissions that 

adversely affect another state’s air 

quality through interstate transport. 

IDNR has adequately addressed the four 

distinct elements related to the impact 

of interstate transport of air pollutants. 

These include prohibiting significant 

contribution to downwind 

nonattainment of the National Ambient 

Air Quality Standards (NAAQS), 

interference with maintenance of the 

NAAQS, prevention of significant 

deterioration of air quality, and 

protection of visibility. The 

requirements for public notification 

were also met by IDNR. 

DATES: This direct final rule will be 

effective May 7, 2007, without further 

notice, unless EPA receives adverse 

comment by April 9, 2007. 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–2006–1015, 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–2006–

1015. 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. 

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 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 Hamilton.heather@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 


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Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Rules and Regulations 10381 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This section provides additional 

information by addressing the following 

questions: 

What is being addressed in this document? 

What action is EPA taking? 

What is being addressed in this 

document? 

EPA is making a revision to the SIP 

for the purpose of approving the IDNR’s 

actions to address the requirements of 

the Clean Air Act (CAA) section 

110(a)(2)(D)(i). This CAA section 

requires each state to submit a SIP that 

prohibits emissions that could adversely 

affect another state. The SIP must 

prevent sources in the state from 

emitting pollutants in amounts which 

will: (1) Contribute significantly to 

nonattainment of the NAAQS, (2) 

interfere with maintenance of the 

NAAQS in another state, (3) interfere 

with provisions to prevent significant 

deterioration of air quality, and (4) 

interfere with efforts to protect 

visibility. 

EPA issued guidance on August 15, 

2006, relating to SIP submissions to 

meet the requirements of section 

110(a)(2)(D)(i). As discussed below, 

Iowa’s analysis of its SIP with respect to 

the statutory requirements is consistent 

with the guidance. 

The IDNR has addressed the first two 

of these elements by the adoption of the 

Clean Air Interstate Rule (CAIR) model 

rules that require Iowa sources to 

participate in the EPA-administered cap 

and trade program for nitrogen oxides 

(NOX) and sulfur dioxide. Participation 

in this program will prohibit emissions 

from the state that will contribute 

significantly to nonattainment or 

interfere with the maintenance of the 

NAAQS in any downwind state. As 

previously determined by EPA, 

submittal of a SIP revision to satisfy 

CAIR also fulfills the state’s obligations 

that pertain to ‘‘significant 

contribution’’ and ‘‘interference with 

maintenance’’ (70 FR 25162). It should 

be noted that EPA will act on Iowa’s 

CAIR SIP in a separate rulemaking, and 

this action makes no conclusion with 

respect to approvability of that 

submittal. 

The third element IDNR addressed 

was prevention of significant 

deterioration (PSD). For 8-hour ozone, 

the state has met the obligation by 

confirming that major sources in the 

state are currently subject to PSD 

programs that implement the 8-hour 

ozone standard and that the state is on 

track to meet the June 15, 2007, 

deadline for SIP submissions adopting 

any relevant requirements of the Phase 

II ozone implementation rule. For PM2.5, 

the state has confirmed that the state’s 

PSD program is being implemented in 

accordance with EPA’s interim guidance 

calling for the use of PM10 as a surrogate 

for PM2.5 for the purposes of PSD 

review. Controlling PM10 emissions and 

analyzing impacts on the environment 

serves as a surrogate approach for 

reducing PM2.5 emissions and 

minimizing impacts to air quality. Once 

PM2.5 guidance is finalized by EPA, 

IDNR commits to transitioning from use 

of the interim PM2.5 guidance to the 

final PM2.5 implementation guidance 

after approval of the PM2.5 SIP revision 

(The submittal is due in April 2008). 

It should be noted that Iowa is 

currently designated attainment/ 

unclassifiable for both the 8-hour ozone 

and PM2.5 NAAQS. 

At this time, it is not possible for 

IDNR to accurately determine whether 

there is interference with measures in 

another state’s SIP designed to protect 

visibility, which is the fourth element 

that was addressed. Technical projects 

relating to visibility degradation sourcereceptor relationships are under 

development. Iowa will be in a more 

advantageous position to address the 

visibility projection requirements once 

the initial regional haze SIP has been 

developed. IDNR intends to meet the 

December 17, 2007, submittal deadline 

for the regional haze SIP. 

A public hearing with regard to this 

action was held by the state. No 

comments were received. 

With this action, the non-regulatory 

text in 40 CFR 52.820(e) is revised to 

reflect that IDNR addressed the 

elements of the CAA section 

110(a)(2)(D)(i) submittal. 

What action is EPA taking? 

EPA is approving this revision 

submitted by Iowa and is revising 40 

CFR 52.820 to reflect that the IDNR has 

adequately addressed the required 

elements of the CAA section 

110(a)(2)(D)(i) SIP. Please note that if 

EPA receives adverse comments 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 action 

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 

action 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 action 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 action 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 action does 


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10382 Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Rules and Regulations 

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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by May 7, 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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: February 27, 2007. 

John B. Askew, 

Regional Administrator, Region 7. 

■ 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. In § 52.820(e) the table is amended 

by adding an entry in numerical order 

to read as follows: 

§ 52.820 Identification of plan. 

* * * * * 

(e) * * * 

EPA–APPROVED IOWA NONREGULATORY PROVISIONS

Name of nonregulatory SIP provision Applicable geographic or 

nonattainment area 

State submittal date EPA approval date Explanation 

* * * * * * * 

(36) CAA 110(a)(2)(D)(i) SIP—Interstate Transport.Statewide .......................................... 11/22/06 March 8, 2007 [insert FR page number where the document begins].

[FR Doc. E7–4179 Filed 3–7–07; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

Changes in Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Modified Base (1% annualchance) Flood Elevations (BFEs) are 

finalized for the communities listed 

below. These modified BFEs will be 

used to calculate flood insurance 

premium rates for new buildings and 

their contents. 

DATES: The effective dates for these 

modified BFEs are indicated on the 

following table and revise the Flood 

Insurance Rate Maps (FIRMs) in effect 

for the listed communities prior to this 

date. 

ADDRESSES: The modified BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: 

William R. Blanton, Jr., Engineering 

Management Section, Mitigation 

Division, Federal Emergency 

Management Agency, 500 C Street, SW., 

Washington, DC 20472, (202) 646–3151. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below of the modified BFEs for 

each community listed. These modified 

BFEs have been published in 

newspapers of local circulation and 

ninety (90) days have elapsed since that 

publication. The Mitigation Division 

Director of FEMA resolved any appeals 

resulting from this notification. 

The modified BFEs are not listed for 

each community in this notice. 

However, this final rule includes the 

address of the Chief Executive Officer of 

the community where the modified 

BFEs determinations are available for 

inspection. 

The modified BFEs are made pursuant 

to section 206 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4105, 

and are in accordance with the National 

Flood Insurance Act of 1968, 42 U.S.C. 

4001 et seq., and with 44 CFR part 65. 

For rating purposes, the currently 

effective community number is shown 

and must be used for all new policies 

and renewals. 

The modified BFEs are the basis for 

the floodplain management measures 

that the community is required to either 

adopt or to show evidence of being 

already in effect in order to qualify or 

to remain qualified for participation in 

the National Flood Insurance Program 

(NFIP). 

These modified BFEs, together with 

the floodplain management criteria 

required by 44 CFR 60.3, are the 

minimum that are required. They 

should not be construed to mean that 

the community must change any 

existing ordinances that are more 

stringent in their floodplain 

management requirements. The 

community may at any time enact 

stricter requirements of its own, or 

pursuant to policies established by other 

Federal, State, or regional entities. 

These modified BFEs are used to meet 

the floodplain management 

requirements of the NFIP and are also 

used to calculate the appropriate flood 

insurance premium rates for new 

buildings built after these elevations are 


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