

[Federal Register: August 6, 2007 (Volume 72, Number 150)]
[Rules and Regulations]               
[Page 43539-43544]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06au07-9]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2007-0347; FRL-8450-1]

 
Approval and Promulgation of Implementation Plans; Iowa; Clean 
Air Interstate Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve a revision to the Iowa 
State Implementation Plan (SIP) submitted on August 15, 2006. This 
revision addresses the requirements of EPA's Clean Air Interstate Rule 
(CAIR) promulgated on May 12, 2005, and subsequently revised on April 
28, 2006, and December 13, 2006. EPA has determined that the SIP 
revision fully implements the CAIR requirements for Iowa. As a result 
of this action, EPA will also withdraw, through a separate rulemaking, 
the CAIR Federal Implementation Plans (FIPs) concerning SO2, 
NOX annual, and NOX ozone season emissions for 
Iowa. The CAIR FIPs for all States in the CAIR region were promulgated 
on April 28, 2006, and subsequently revised on December 13, 2006.
    CAIR requires States to reduce emissions of sulfur dioxide 
(SO2) and nitrogen oxides (NOX) that 
significantly contribute to, and interfere with maintenance of, the 
national ambient air quality standards for fine particulates and/or 
ozone in any downwind state. CAIR establishes State budgets for 
SO2 and NOX and requires States to submit SIP 
revisions that implement these budgets in States that EPA concluded did 
contribute to nonattainment in downwind states. States have the 
flexibility to choose which control measures to adopt to achieve the 
budgets, including participating in the EPA-administered cap-and-trade 
programs. In the SIP revision that EPA is approving today, Iowa has met 
the CAIR requirements by electing to participate in the EPA-
administered cap-and-trade programs addressing SO2, 
NOX annual, and NOX ozone season emissions.

DATES: This rule is effective on September 5, 2007.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2007-0347. 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 66101. The Regional Office's official hours 
of business are Monday through Friday, 8 a.m. to 4:30 p.m. 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: Michael Jay at (913) 551-7460 or by e-
mail at jay.michael@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. What Action Is EPA Taking?
II. What Is the Regulatory History of CAIR and the CAIR FIPs?
III. What Are the General Requirements of CAIR and the CAIR FIPs?
IV. Analysis of Iowa's CAIR SIP Submittal

[[Page 43540]]

    A. State Budgets for Allowance Allocations
    B. CAIR Cap-and-Trade Programs
    C. NOX Allowance Allocations
    D. Allocation of NOX Allowances from Compliance 
Supplement Pool
    E. Individual Opt-in Units
V. Final Action
VI. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    EPA is taking final action to approve a revision to Iowa's SIP 
submitted on August 15, 2006. In its SIP revision, Iowa has met the 
CAIR requirements by requiring certain electric generating units (EGUs) 
to participate in the EPA-administered State CAIR cap-and-trade 
programs addressing SO2, NOX annual, and 
NOX ozone season emissions, as finalized in the Iowa 
Administrative Bulletin on June 7, 2006 (567-20.1(455B,17A), 21.1(4), 
and Chapter 34). Iowa's regulations adopt by reference most of the 
provisions of EPA's SO2, NOX annual, and 
NOX ozone season model trading rules, with certain changes 
discussed below. EPA has determined that the SIP as revised will meet 
the applicable requirements of CAIR. As a result of this action, the 
Administrator of EPA will also issue a final rule to withdraw the FIPs 
concerning SO2, NOX annual, and NOX 
ozone season emissions for Iowa. The Administrator's action will delete 
and reserve 40 CFR 52.840 and 40 CFR 52.841, relating to the CAIR FIP 
obligations for Iowa. The withdrawal of the CAIR FIPs for Iowa is a 
conforming amendment that must be made once the SIP is approved because 
EPA's authority to issue the FIPs was premised on a deficiency in the 
SIP for Iowa. Once a SIP is fully approved, EPA no longer has authority 
for the FIPs. Thus, EPA does not have the option of maintaining the 
FIPs following full SIP approval. Accordingly, EPA does not intend to 
offer an opportunity for a public hearing or an additional opportunity 
for written public comment on the withdrawal of the FIPs.
    EPA proposed to approve Iowa's request to amend the SIP on May 8, 
2007 (72 FR 26040). In that proposal, EPA also stated its intent to 
withdraw the FIP, as described above. The comment period closed on June 
7, 2007. No comments were received. EPA is finalizing the approval as 
proposed based on the rationale stated in the proposal and in this 
final action.

II. What Is the Regulatory History of CAIR and the CAIR FIPs?

    The CAIR was published by EPA on May 12, 2005 (70 FR 25162). In 
this rule, EPA determined that 28 States and the District of Columbia 
contribute significantly to nonattainment and interfere with 
maintenance of the national ambient air quality standards (NAAQS) for 
fine particles (PM2.5) and/or 8-hour ozone in downwind 
States in the eastern part of the country. As a result, EPA required 
those upwind States to revise their SIPs to include control measures 
that reduce emissions of SO2, which is a precursor to 
PM2.5 formation, and/or NOX, which is a precursor 
to both ozone and PM2.5 formation. For jurisdictions that 
contribute significantly to downwind PM2.5 nonattainment, 
CAIR sets annual State-wide emission reduction requirements (i.e., 
budgets) for SO2 and annual State-wide emission reduction 
requirements for NOX. Similarly, for jurisdictions that 
contribute significantly to 8-hour ozone nonattainment, CAIR sets 
State-wide emission reduction requirements for NOX for the 
ozone season (May 1 to September 30). Under CAIR, States may implement 
these reduction requirements by participating in the EPA-administered 
cap-and-trade programs or by adopting any other control measures.
    CAIR explains to subject States what must be included in SIPs to 
address the requirements of section 110(a)(2)(D) of the Clean Air Act 
(CAA) with regard to interstate transport with respect to the 8-hour 
ozone and PM2.5 NAAQS. EPA made national findings, effective 
on May 25, 2005, that the States had failed to submit SIPs meeting the 
requirements of section 110(a)(2)(D). The SIPs were due in July 2000, 3 
years after the promulgation of the 8-hour ozone and PM2.5 
NAAQS.
    Iowa submitted its SIP in response to EPA's section 110(a)(2)(D) 
finding, which EPA approved in a rule published March 8, 2007 (72 FR 
10380). In that rule, EPA stated that Iowa had met its obligation with 
regard to interstate transport by adoption of the CAIR model rule. EPA 
also stated that it would review and act on Iowa's CAIR rule in a 
separate rulemaking. This document takes final action on Iowa's CAIR 
rule as explained below.

III. What Are the General Requirements of CAIR and the CAIR FIPs?

    CAIR establishes State-wide emission budgets for SO2 and 
NOX and is to be implemented in two phases. The first phase 
of NOX reductions starts in 2009 and continues through 2014, 
while the first phase of SO2 reductions starts in 2010 and 
continues through 2014. The second phase of reductions for both 
NOX and SO2 starts in 2015 and continues 
thereafter. CAIR requires States to implement the budgets by either: 
(1) Requiring EGUs to participate in the EPA-administered cap-and-trade 
programs; or (2) adopting other control measures of the State's 
choosing and demonstrating that such control measures will result in 
compliance with the applicable State SO2 and NOX 
budgets.
    The May 12, 2005, and April 28, 2006, CAIR rules provide model 
rules that States must adopt (with certain limited changes, if desired) 
if they want to participate in the EPA-administered trading programs.
    With two exceptions, only States that choose to meet the 
requirements of CAIR through methods that exclusively regulate EGUs are 
allowed to participate in the EPA-administered trading programs. One 
exception is for States that adopt the opt-in provisions of the model 
rules to allow non-EGUs individually to opt into the EPA-administered 
trading programs. The other exception is for States that include all 
non-EGUs from their NOX SIP Call trading programs in their 
CAIR NOX ozone season trading programs.

IV. Analysis of Iowa's CAIR SIP Submittal

A. State Budgets for Allowance Allocations

    In this action, EPA is taking final action to approve Iowa's SIP 
revision that adopts the budgets established for the State in CAIR, 
i.e., 32,692 (2009-2014) and 27,243 (2015-thereafter) tons for 
NOX annual emissions, 14,263 (2009-2014) and 11,886 (2015-
thereafter) tons for NOX ozone season emissions, and 64,095 
(2010-2014) and 44,866 (2015-thereafter) tons for SO2 
emissions. Iowa's SIP revision sets these budgets as the total amounts 
of allowances available for allocation for each year under the EPA-
administered cap-and-trade programs.
    Iowa has committed to revising a definition in all three CAIR rules 
in order to fully ensure allowances can be traded among all sources 
participating in the EPA-administered cap-and-trade programs as 
intended. EPA discovered after review of other States' rules, but after 
Iowa had adopted its CAIR rules, that there was an issue related to the 
definition of ``permitting authority'' when it is revised to refer to a 
specific State's permitting authority.
    In each of Iowa's rules for CAIR, the EPA model trading rules were 
revised to limit all references to ``permitting authority'' to refer to 
the Iowa Department of Natural Resources. This change is acceptable in 
most, but not all, instances under the current model rules. In certain 
definitions in the model rules incorporated by Iowa (i.e., ``allocate'' 
or

[[Page 43541]]

``allocation,'' ``CAIR NOX allowance,'' ``CAIR 
SO2 allowance,'' and ``CAIR NOX Ozone Season 
allowance''), it is important that the term ``permitting authority'' 
cover permitting authorities in all States that choose to participate 
in the respective EPA-administered trading programs. This is necessary 
to ensure that all allowances issued in each EPA-administered trading 
program are fungible and can be traded and used for compliance with the 
allowance-holding requirement in any State in the program.
    On February 17, 2007, EPA provided a letter to Iowa that requested 
and outlined necessary definition revisions. EPA received a letter from 
Iowa on February 28, 2007, that provided a commitment to make the EPA 
suggested rule revisions as soon as is practicable upon publication of 
the final rule concerning the proposed Clean Air Mercury Rule (CAMR) 
Federal plan. On April 11, 2007, EPA received an electronic 
correspondence from Iowa stating that Iowa will, in any event, complete 
these rule revisions before January 1, 2008. The State will be able to 
simultaneously revise the ``permitting authority'' definition in all 
cap-and-trade rules for both CAIR and CAMR, and properly update the 
State's rule as necessary to meet the requirements of the EPA-
administered cap-and-trade-program for mercury.
    The final rule concerning the CAMR Federal plan is expected to be 
published before the earliest, major deadline for compliance with 
requirements for source owners and operators under the CAIR trading 
programs, i.e., the January 1, 2008, deadline for emissions monitoring 
requirements under the CAIR Annual Trading Program. EPA expects that, 
by timing adoption of the EPA requested rule revisions to be soon after 
the publication of the final rule concerning the CAMR Federal plan, the 
State will ensure the revisions to the definition of ``permitting 
authority'' will be completed prior to any of the major compliance 
deadlines for source owners and operators under the CAIR trading 
programs. In the event the final rule concerning the CAMR Federal plan 
is not published in the expected timeframe, the State will need to 
ensure the necessary State rule revisions are completed and submitted 
to EPA in advance of the January 1, 2008, monitoring deadline for the 
CAIR NOX Annual Trading Program.
    To be clear, EPA notes that it is not proposing to approve the 
State's rule to comply with CAMR as part of this rulemaking. EPA will 
propose a separate rulemaking for the Iowa rule relating to CAMR.

B. CAIR Cap-and-Trade Programs

    The CAIR NOX annual and ozone season model trading rules 
both largely mirror the structure of the NOX SIP Call model 
trading rule in 40 CFR part 96, subparts A through I. While the 
provisions of the NOX annual and ozone season model rules 
are similar, there are some differences. For example, the 
NOX annual model rule (but not the NOX ozone 
season model rule) provides for a compliance supplement pool (CSP), 
which is discussed below and under which allowances may be awarded for 
early reductions of NOX annual emissions. As a further 
example, the NOX ozone season model rule reflects the fact 
that the CAIR NOX ozone season trading program replaces the 
NOX SIP Call trading program after the 2008 ozone season and 
is coordinated with the NOX SIP Call program. The 
NOX ozone season model rule provides incentives for early 
emissions reductions by allowing banked, pre-2009 NOX SIP 
Call allowances to be used for compliance in the CAIR NOX 
ozone season trading program. In addition, States have the option of 
continuing to meet their NOX SIP Call requirement by 
participating in the CAIR NOX ozone season trading program 
and including all their NOX SIP Call trading sources in that 
program.
    The provisions of the CAIR SO2 model rule are also 
similar to the provisions of the NOX annual and ozone season 
model rules. However, the SO2 model rule is coordinated with 
the ongoing Acid Rain SO2 cap-and-trade program under CAA 
title IV. The SO2 model rule uses the title IV allowances 
for compliance, with each allowance allocated for 2010-2014 authorizing 
only 0.50 ton of emissions and each allowance allocated for 2015 and 
thereafter authorizing only 0.35 ton of emissions. Banked title IV 
allowances allocated for years before 2010 can be used at any time in 
the CAIR SO2 cap-and-trade program, with each such allowance 
authorizing one ton of emissions. Title IV allowances are to be freely 
transferable among sources covered by the Acid Rain Program and sources 
covered by the CAIR SO2 cap-and-trade program.
    EPA also used the CAIR model trading rules as the basis for the 
trading programs in the CAIR FIPs. The CAIR FIP trading rules are 
virtually identical to the CAIR model trading rules, with changes made 
to account for Federal rather than State implementation. The CAIR model 
SO2, NOX annual, and NOX ozone season 
trading rules and the respective CAIR FIP trading rules are designed to 
work together as integrated SO2, NOX annual, and 
NOX ozone season trading programs.
    In the SIP revision, Iowa has chosen to implement its CAIR budgets 
by requiring EGUs to participate in EPA-administered cap-and-trade 
programs for SO2, NOX annual, and NOX 
ozone season emissions. Iowa has adopted a full SIP revision (with the 
revisions discussed above) that adopts, with certain allowed changes 
discussed below, the CAIR model cap-and-trade rules for SO2, 
NOX annual, and NOX ozone season emissions.

C. NOX Allowance Allocations

    Under the NOX allowance allocation methodology in the 
CAIR model trading rules and in the CAIR FIP, NOX annual and 
ozone season allowances are allocated to units that have operated for 
five years, based on heat input data from a three-year period that are 
adjusted for fuel type by using fuel factors of 1.0 for coal, 0.6 for 
oil, and 0.4 for other fuels. The CAIR model trading rules and the CAIR 
FIP also provide a new unit set-aside from which units without five 
years of operation are allocated allowances based on the units' prior 
year emissions.
    States may establish in their SIP submissions a different 
NOX allowance allocation methodology that will be used to 
allocate allowances to sources in the States if certain requirements 
are met concerning the timing of submission of units' allocations to 
the Administrator for recordation and the total amount of allowances 
allocated for each control period. In adopting alternative 
NOX allowance allocation methodologies, States have 
flexibility with regard to: (1) The cost to recipients of the 
allowances, which may be distributed for free or auctioned; (2) the 
frequency of allocations; (3) the basis for allocating allowances, 
which may be distributed, for example, based on historical heat input 
or electric and thermal output; and (4) the use of allowance set-asides 
and, if used, their size.
    Iowa has chosen to adopt generally the provisions of the CAIR 
NOX annual and CAIR NOX ozone season model 
trading rules concerning the allocation of allowances with two notable 
exceptions. Language is provided in Iowa's rules that states that 
allowances will be allocated in future years only ``to meet the minimum 
timing requirements'' specified in the Federal regulations. As 
explained in the proposed approval, EPA understands that the language 
is intended to mean that allocations will be determined by the dates 
and only for the years identified or described in 40 CFR 96.141

[[Page 43542]]

and 40 CFR 96.341. EPA did not receive any comments on this issue, and 
concludes that this understanding is a correct interpretation of Iowa's 
rules. Additionally, Iowa's CAIR NOX Annual and CAIR 
NOX ozone season rules establish permanent allocations for 
specified units designated as ``existing units'' or ``new units'' and 
do not include provisions of the EPA's model rules that call for 
adjusting the allocations for existing units to provide allocations for 
future, new units. EPA is taking final action to approve these 
variations from the model rule provisions because the changes are 
consistent with the flexibility that CAIR provides States with regard 
to allocation methodologies.

D. Allocation of NOX Allowances From Compliance Supplement 
Pool

    The CAIR establishes a compliance supplement pool to provide an 
incentive for early reductions in NOX annual emissions. The 
CSP consists of 200,000 CAIR NOX annual allowances of 
vintage 2009 for the entire CAIR region, and a State's share of the CSP 
is based upon the projected magnitude of the emission reductions 
required by CAIR in that State. States may distribute CSP allowances, 
one allowance for each ton of early reduction, to sources that make 
NOX reductions during 2007 or 2008 beyond what is required 
by any applicable State or Federal emission limitation. States also may 
distribute CSP allowances based upon a demonstration of need for an 
extension of the 2009 deadline for implementing emission controls.
    The CAIR annual NOX model trading rule establishes 
specific methodologies for allocations of CSP allowances. States may 
choose an allowed, alternative CSP allocation methodology to be used to 
allocate CSP allowances to sources in the States.
    Iowa has not chosen to modify the provisions from the CAIR 
NOX annual model trading rule concerning the allocation of 
allowances from the CSP. Iowa has chosen to distribute CSP allowances 
using the allocation methodology provided in 40 CFR 96.143 and has 
adopted this section by reference.

E. Individual Opt-In Units

    The opt-in provisions of the CAIR SIP model trading rules allow 
certain non-EGUs (i.e., boilers, combustion turbines, and other 
stationary fossil-fuel-fired devices) that do not meet the 
applicability criteria for a CAIR trading program to participate 
voluntarily in (i.e., opt into) the CAIR trading program. A non-EGU may 
opt into one or more of the CAIR trading programs. In order to qualify 
to opt into a CAIR trading program, a unit must vent all emissions 
through a stack and be able to meet monitoring, recordkeeping, and 
recording requirements of 40 CFR part 75. The owners and operators 
seeking to opt a unit into a CAIR trading program must apply for a CAIR 
opt-in permit. If the unit is issued a CAIR opt-in permit, the unit 
becomes a CAIR unit, is allocated allowances, and must meet the same 
allowance-holding and emissions monitoring and reporting requirements 
as other units subject to the CAIR trading program. The opt-in 
provisions provide for two methodologies for allocating allowances for 
opt-in units, one methodology that applies to opt-in units in general 
and a second methodology that allocates allowances only to opt-in units 
that the owners and operators intend to repower before January 1, 2015.
    States have several options concerning the opt-in provisions. 
States may adopt the CAIR opt-in provisions entirely or may adopt them 
but exclude one of the methodologies for allocating allowances. States 
may also decline to adopt the opt-in provisions at all.
    Iowa has chosen to allow non-EGUs meeting certain requirements to 
opt into the CAIR trading programs by adopting by reference the 
entirety of EPA's model rule provisions for opt-in units in the CAIR 
SO2, CAIR NOX annual, and CAIR NOX 
ozone season trading programs.

V. Final Action

    EPA is taking final action to approve Iowa's full CAIR SIP revision 
submitted on August 15, 2006. Under this SIP revision, Iowa is choosing 
to participate in the EPA-administered cap-and-trade programs for 
SO2, NOX annual, and NOX ozone season 
emissions. EPA has determined that the SIP revision meets the 
applicable requirements in 40 CFR 51.123(o) and (aa), with regard to 
NOX annual and NOX ozone season emissions, and 40 
CFR 51.124(o), with regard to SO2 emissions. EPA has 
determined that the SIP as revised will meet the requirements of CAIR. 
The Administrator of EPA will also issue, without providing an 
opportunity for a public hearing or an additional opportunity for 
written public comment, a final rule to withdraw the CAIR FIPs 
concerning SO2, NOX annual, and NOX 
ozone season emissions for Iowa. The Administrator's action will delete 
and reserve 40 CFR 52.840 and 40 CFR 52.841. EPA will take final action 
to withdraw the CAIR FIPs for Iowa in a separate rulemaking.

VI. 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 would 
impose no additional requirements beyond those imposed by State law. 
Accordingly, the Administrator certifies that this 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 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 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 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

[[Page 43543]]

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 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 October 5, 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: July 26, 2007
John B. Askew,
Regional Administrator, Region 7.


0
Chapter I, Title 40 of the Code of Federal Regulations is amended as 
follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart Q--Iowa

0
2. In Sec.  52.820(c) the table is amended by:
0
a. Revising the entries for 567-20.1 and 567-21.1.
0
b. Adding in numerical order a heading for Chapter 34 and entries for 
chapter 34 subsections.
    The revisions and additions read as follows:


Sec.  52.820  Identification of plan.

* * * * *
    (c) * * *

                                          EPA-Approved Iowa Regulations
----------------------------------------------------------------------------------------------------------------
                                                        State
      Iowa citation                 Title             effective      EPA approval date          Explanation
                                                        date
----------------------------------------------------------------------------------------------------------------
                 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  8/6/07 [insert FR page  This rule is a non-
                                                                   number where the        substantive
                                                                   document begins].       description of the
                                                                                           Chapters contained in
                                                                                           the Iowa rules. EPA
                                                                                           has not approved all
                                                                                           of the Chapters to
                                                                                           which this rule
                                                                                           refers.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                             Chapter 21--Compliance
----------------------------------------------------------------------------------------------------------------
567-21.1.................  Compliance Schedule....     7/12/2006  8/6/07 [insert FR page
                                                                   number where the
                                                                   document begins].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                        Chapter 34--Provisions for Air Quality Emissions Trading Programs
----------------------------------------------------------------------------------------------------------------
567-34.1.................  Purpose................     7/12/2006  8/6/07 [insert FR page
                                                                   number where the
                                                                   document begins].
567-34.2 to 567-34.199...  Reserved...............     7/12/2006  8/6/07 [insert FR page
                                                                   number where the
                                                                   document begins].
567-34.201...............  CAIR NOX annual trading     7/12/2006  8/6/07 [insert FR page
                            program provisions.                    number where the
                                                                   document begins].
567-34.202...............  CAIR designated             7/12/2006  8/6/07 [insert FR page
                            representative for                     number where the
                            CAIR NOX sources.                      document begins].
567-34.203...............  Permits................     7/12/2006  8/6/07 [insert FR page
                                                                   number where the
                                                                   document begins].
567-34.204...............  Reserved...............     7/12/2006  8/6/07 [insert FR page
                                                                   number where the
                                                                   document begins].
567-34.205...............  CAIR NOX allowance          7/12/2006  8/6/07 [insert FR page
                            allocations.                           number where the
                                                                   document begins].

[[Page 43544]]


567-34.206...............  CAIR NOX allowance          7/12/2006  8/6/07 [insert FR page
                            tracking system.                       number where the
                                                                   document begins].
567-34.207...............  CAIR NOX allowance          7/12/2006  8/6/07 [insert FR page
                            transfers.                             number where the
                                                                   document begins].
567-34.208...............  Monitoring and              7/12/2006  8/6/07 [insert FR page
                            reporting.                             number where the
                                                                   document begins].
567-34.209...............  CAIR NOX opt-in units..     7/12/2006  8/6/07 [insert FR page
                                                                   number where the
                                                                   document begins].
567-34.210...............  CAIR SO2 trading            7/12/2006  8/6/2007 [insert FR
                            program.                               page number where the
                                                                   document begins].
567-34.211 to 567-34.219.  Reserved...............     7/12/2006  8/6/2007 [insert FR
                                                                   page number where the
                                                                   document begins].
567-34.220...............  CAIR NOX ozone season       7/12/2006  8/6/2007 [insert FR
                            trading program.                       page number where the
                                                                   document begins].
567-34.221...............  CAIR NOX ozone season       7/12/2006  8/6/2007 [insert FR
                            trading program                        page number where the
                            general provisions.                    document begins].
567-34.222...............  CAIR designated             7/12/2006  8/6/2007 [insert FR
                            representative for                     page number where the
                            CAIR NOX ozone season                  document begins].
                            sources.
567-34.223...............  CAIR NOX ozone season       7/12/2006  8/6/2007 [insert FR
                            permits.                               page number where the
                                                                   document begins].
567-34.224...............  Reserved...............     7/12/2006  8/6/2007 [insert FR
                                                                   page number where the
                                                                   document begins].
567-34.225...............  CAIR NOX ozone season       7/12/2006  8/6/2007 [insert FR
                            allowance allocations.                 page number where the
                                                                   document begins].
567-34.226...............  CAIR NOX ozone season       7/12/2006  8/6/2007 [insert FR
                            allowance tracking                     page number where the
                            system.                                document begins].
567-34.227...............  CAIR NOX ozone season       7/12/2006  8/6/2007 [insert FR
                            allowance transfers.                   page number where the
                                                                   document begins].
567-34.228...............  CAIR NOX ozone season       7/12/2006  8/6/2007 [insert FR
                            monitoring and                         page number where the
                            reporting.                             document begins].
567-34.229...............  CAIR NOX ozone season       7/12/2006  8/6/2007 [insert FR
                            opt-in units.                          page number where the
                                                                   document begins].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
 [FR Doc. E7-15121 Filed 8-3-07; 8:45 am]

BILLING CODE 6560-50-P
