Approval and Promulgation of Implementation Plans; State of Iowa

I. Background

In the August 15, 1997 Federal Register (62 FR 43681), the EPA proposed to approve an Iowa SIP revision which pertained to the Muscatine, Iowa, SO2 nonattainment area. The SIP was submitted to satisfy the requirements of section 110 and part D of title I of the Clean Air Act (Act). No comments were received during the public comment period. Thus, the EPA is taking final action to approve the state's SIP revision. The proposed approval discussed the state's submittal in detail. The SIP includes revised permits for three affected SO2 sources in the Muscatine nonattainment area. These permits contain enforceable emission limits and conditions with compliance dates of March 15, 1996, for two of the sources and July 18, 1996, for the third. The permits result in actual and potential emission reductions intended to prevent any exceedances or violations of the SO2 NAAQS. The SIP also demonstrated the state's conformance with the nonattainment plan provisions of part D, section 172(c) of the Act and section 110. There have been no exceedances or violations of the NAAQS at the Muscatine monitors since September 1995. The state has committed to continue operation of the three monitors in the Muscatine area, and will implement provisions of its contingency plan in the event of a NAAQS exceedance. 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.

II. 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 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)).

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. 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 January 30, 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 in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements, Sulfur oxides.

Dated: November 5, 1997. Dennis Grams, Regional Administrator.

Part 52, 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. 7401-7671q.

Subpart Q--Iowa

2. Section 52.820 is amended by adding paragraph (c)(65) to read as follows:

Sec. 52.820 Identification of plan.

* * * * * (c) * * * (65) On June 13, 1996, and April 25, 1997, the Director of the Iowa Department of Natural Resources (IDNR) submitted a revision to the State Implementation Plan (SIP) which included permits containing source specific emission limits and conditions for three sources in Muscatine, Iowa. (i) Incorporation by reference. (A) Grain Processing Corporation permits #95-A-374, #74-A-015-S, #79-A-194-S, #79-A-195-S, signed September 18, 1995. (B) Muscatine Power and Water permits #74-A-175-S, #95-A-373 signed September 14, 1995. (C) Monsanto Corporation permits #76-A-265S3, #76-A-161S3, signed July 18, 1996. (ii) Additional material. (A) Letters from Allan E. Stokes, IDNR, to Dennis Grams, Environmental Protection Agency, dated June 13, 1996,

and April 21, 1997, containing supporting SIP information. [FR Doc. 97-31410 Filed 11-28-97; 8:45 am] BILLING CODE 6560-50-F