27056 Federal Register / Vol. 72, No. 92 / Monday, May 14, 2007 / Rules and Regulations 

received for purposes of the time period 

set out in paragraph (h) of this section 

until it has been received by the FOIA 

Officer. Upon receipt of an improperly 

addressed request, the FOIA Officer 

shall notify the requester of the date on 

which the time period began. The 

request shall be stamped ‘‘received’’ on 

the date it is received by the FOIA 

Office. Any request received by e-mail 

shall be printed on paper and stamped 

on the date it is received by the FOIA 

Office. 

* * * * * 

■ 3. In § 303.13, paragraph (e)(3) is 

revised to read as follows: 

§ 303.13 Fees. 

* * * * * 

(e) * * * 

(3) Duplication by paper copy: 15 

cents per page; 

* * * * * 

Dated: May 8, 2007. 

Tyler S. Posey, 

General Counsel. 

[FR Doc. 07–2349 Filed 5–11–07; 8:45 am] 

BILLING CODE 6051–01–M 

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. 

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 hamilton.heather@epa.gov. 

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 Federallyenforceable 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 stateauthorized 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. 


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Federal Register / Vol. 72, No. 92 / Monday, May 14, 2007 / Rules and Regulations 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. 


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27058 Federal Register / Vol. 72, No. 92 / Monday, May 14, 2007 / Rules and Regulations 

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. 

■ 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(c) the table is amended 

by: 

■ a. Revising the entries for 567–20.1 

and 567–22.4. 

■ 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: 

§ 52.820 Identification of plan. 

* * * * * 

(c) * * * 


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Federal Register / Vol. 72, No. 92 / Monday, May 14, 2007 / Rules and Regulations 27059 

EPA-APPROVED IOWA REGULATIONS

Iowa citation Title State effective 

date EPA approval date Explanation 

Iowa Department of Natural Resources Environmental Protection Commission [567] 

* * * * * * * 

Chapter 20—Scope of Title—Definitions—Forms—Rule of Practice 

567–20.1 ............................................. Scope of Title ...................................... N/A 5/14/07 [insert FR 

page number where 

the document begins].

This rule is a nonsubstantive description of the Chapters 

contained in the 

Iowa rules. EPA 

has not approved 

all of the Chapters 

to which this rule 

refers. 

* * * * * * * 

Chapter 22—Controlling Pollution 

* * * * * * * 

567–22.4 ............................................. Special Requirements for Major Stationary Sources Located in Areas 

Designated Attainment or Unclassified (PSD).

11/1/2006 5/14/07 [insert FR 

page number where 

the document begins].

* * * * * * * 

Chapter 33—Special Regulations and Construction Permit Requirements for Major Stationary Sources—Prevention of Significant 

Deterioration (PSD) of Air Quality 

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 permit requirements for major stationary sources 

in areas designated attainment or 

unclassified (PSD).

11/1/06 5/14/07 [insert FR 

page number where 

the document begins].

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 limitations 

(PALs).

11/1/06 5/14/07 [insert FR 

page number where 

the document begins].

567–33.10 ........................................... Exceptions to adoption by reference .. 11/1/06 5/14/07 [insert FR 

page number where 

the document begins.

* * * * * * * 

* * * * * 

[FR Doc. E7–9131 Filed 5–11–07; 8:45 am] 

BILLING CODE 6560–50–P 


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