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Federal Register / Vol. 72, No.

171 / Wednesday, September 5, 2007 / Proposed Rules 50913

United States is not likely to render the Parties submitting comments are ensure that annual EGU Hg emissions
controls ineffective in achieving the asked to be as specific as possible. All will not exceed the applicable State
intended foreign policy purpose or be comments received before the close of budget. States have the flexibility to
counterproductive to United States the comment period will be considered choose which control measures to adopt
foreign policy interests; by BIS in reviewing the controls and to achieve the budgets, including
5. The comparative benefits to U.S. developing the report to Congress. participating in the EPA-administered
foreign policy objectives versus the All information relating to the notice CAMR cap-and-trade program. In the
effect of the controls on the export will be a matter of public record and State Plan that EPA is proposing to
performance of the United States, the will be available for public inspection approve Iowa would meet CAMR
competitive position of the United and copying. In the interest of accuracy requirements by participating in the
States in the international economy, the and completeness, BIS requires written EPA trading program.
international reputation of the United comments. Oral comments must be DATES: Comments must be received on
States as a supplier of goods and followed by written memoranda, which or before October 5, 2007.
technology; and will also be a matter of public record ADDRESSES: Submit your comments,
6. The ability of the United States to and will be available for public review identified by Docket ID No. EPA–R07–
enforce the controls effectively. and copying. OAR–2007–0655, by one of the
BIS is particularly interested in The Office of Administration, Bureau following methods:
receiving comments on the economic of Industry and Security, U.S. 1. http://www.regulations.gov: Follow
impact of proliferation controls. BIS is Department of Commerce, displays the on-line instructions for submitting
also interested in industry information these public comments on BIS’s comments.
relating to the following: Freedom of Information Act (FOIA) Web 2. E-mail: jay.michael@epa.gov.
1. Information on the effect of foreign site at http://www.bis.doc.gov/foia. This 3. Mail: Michael Jay, Environmental
policy-based export controls on sales of office does not maintain a separate Protection Agency, Air Planning and
U.S. products to third countries (i.e., public inspection facility. If you have Development Branch, 901 North 5th
those countries not targeted by technical difficulties accessing this Web Street, Kansas City, Kansas 66101.
sanctions), including the views of site, please call BIS’s Office of 4. Hand Delivery or Courier: Deliver
foreign purchasers or prospective Administration at (202) 482–0637 for your comments to: Michael Jay,
customers regarding U.S. foreign policy- assistance. Environmental Protection Agency, 901
based export controls.
Dated: August 29, 2007. North 5th Street, Kansas City, Kansas
2. Information on controls maintained
Christopher A. Padilla, 66101. Such deliveries are only
by U.S. trade partners. For example, to
Assistant Secretary for Export accepted during the Regional Office’s
what extent do they have similar
Administration. normal hours of operation. The Regional
controls on goods and technology on a
[FR Doc. E7–17525 Filed 9–4–07; 8:45 am] Office’s official hours of business are
worldwide basis or to specific
Monday through Friday, 8 a.m. to 4:30
destinations? BILLING CODE 3510–33–P
3. Information on licensing policies or p.m., excluding Federal holidays.
practices by our foreign trade partners Instructions: Direct your comments to
which are similar to U.S. foreign policy- Docket ID No. EPA–R07–OAR–2007–
ENVIRONMENTAL PROTECTION
based export controls, including license 0655. EPA’s policy is that all comments
AGENCY
review criteria, use of conditions, received will be included in the public
requirements for pre and post shipment 40 CFR Part 62 docket without change and may be
verifications (preferably supported by made available online at http://
[EPA–R07–OAR–2007–0655; FRL–8462–8] www.regulations.gov, including any
examples of approvals, denials and
foreign regulations). personal information provided, unless
Approval and Promulgation of State
4. Suggestions for revisions to foreign the comment includes information
Plans for Designated Facilities and
policy-based export controls that would claimed to be Confidential Business
Pollutants; Iowa; Clean Air Mercury
bring them more into line with Information (CBI) or other information
Rule
multilateral practice. whose disclosure is restricted by statute.
5. Comments or suggestions as to AGENCY: Environmental Protection Do not submit through http://
actions that would make multilateral Agency (EPA). www.regulations.gov or e-mail,
controls more effective. ACTION: Proposed rule. information that you consider to be CBI
6. Information that illustrates the or otherwise protected. The http://
effect of foreign policy-based export SUMMARY: EPA is proposing to approve www.regulations.gov Web site is an
controls on trade or acquisitions by the State Plan submitted by Iowa on ‘‘anonymous access’’ system, which
intended targets of the controls. August 15, 2006, and revisions means EPA will not know your identity
7. Data or other information as to the submitted on April 26, 2007. The plan or contact information unless you
effect of foreign policy-based export addresses the requirements of EPA’s provide it in the body of your comment.
controls on overall trade at the level of Clean Air Mercury Rule (CAMR), If you send an e-mail comment directly
individual industrial sectors. promulgated on May 18, 2005, and to EPA without going through http://
8. Suggestions as to how to measure subsequently revised on June 9, 2006. www.regulations.gov, your e-mail
the effect of foreign policy-based export EPA is proposing to determine that the address will be automatically captured
controls on trade. submitted State Plan fully meets the and included as part of the comment
CAMR requirements for Iowa. that is placed in the public docket and
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9. Information on the use of foreign


policy-based export controls on targeted CAMR requires States to regulate made available on the Internet. If you
countries, entities, or individuals. emissions of mercury (Hg) from large submit an electronic comment, EPA
BIS is also interested in comments coal-fired electric generating units recommends that you include your
relating generally to the extension or (EGUs). CAMR establishes State budgets name and other contact information in
revision of existing foreign policy-based for annual EGU Hg emissions and the body of your comment and with any
export controls. requires States to submit State Plans to disk or CD–ROM you submit. If EPA

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50914 Federal Register / Vol. 72, No. 171 / Wednesday, September 5, 2007 / Proposed Rules

cannot read your comment due to this rule, acting pursuant to its authority recordkeeping, and reporting
technical difficulties and cannot contact under section 111(d) of the Clean Air requirements of 40 CFR part 75.
you for clarification, EPA may not be Act (CAA), 42 U.S.C. 7411(d), EPA
IV. How Can States Comply With
able to consider your comment. required that all States and the District
CAMR?
Electronic files should avoid the use of of Columbia (all of which are referred to
special characters and any form of herein as States) meet Statewide annual Each State Plan must impose control
encryption and should be free of any budgets limiting Hg emissions from requirements that the State
defects or viruses. coal-fired EGUs (as defined in 40 CFR demonstrates will limit Statewide
Docket: All documents in the 60.24(h)(8)) under CAA section 111(d). annual Hg emissions from new and
electronic docket are listed in the EPA required all States to submit State existing coal-fired EGUs to the amount
http://www.regulations.gov index. Plans with control measures that ensure of the State’s applicable annual EGU Hg
Although listed in the index, some that total, annual Hg emissions from the budget. States have the flexibility to
information is not publicly available, coal-fired EGUs located in the choose the type of EGU control
i.e., CBI or other information whose respective States do not exceed the measures they will use to meet the
disclosure is restricted by statute. applicable statewide annual EGU requirements of CAMR. EPA anticipates
Certain other material, such as mercury budget. Under CAMR, States that many States will choose to meet the
copyrighted material, is not placed on may implement and enforce these CAMR requirements by selecting an
the Internet and will be publicly reduction requirements by participating option that requires EGUs to participate
available only in hard copy form. in the EPA-administered cap-and-trade in the EPA-administered CAMR cap-
Publicly available docket materials are program or by adopting any other and-trade program. EPA also anticipates
available either electronically in http:// effective and enforceable control that many States may chose to control
www.regulations.gov or in hard copy at measures. Statewide annual Hg emissions for new
the Environmental Protection Agency, CAA section 111(d) requires States, and existing coal-fired EGUs through an
Air Planning and Development Branch, and along with CAA section 301(d) and alternative mechanism other than the
901 North 5th Street, Kansas City, the Tribal Air Rule (40 CFR part 49) EPA-administered CAMR cap-and-trade
Kansas 66101. EPA requests that if at all allows Tribes granted treatment as program. Each State that chooses an
possible, you contact the person listed States (TAS), to submit State Plans to alternative mechanism must include
in the FOR FURTHER INFORMATION EPA that implement and enforce the with its plan a demonstration that the
CONTACT section to schedule your standards of performance. CAMR State Plan will ensure that the State will
inspection. The Regional Office’s explains what must be included in State meet its assigned State annual EGU Hg
official hours of business are Monday Plans to address the requirements of emission budget.
through Friday, 8 a.m. to 4:30 p.m., CAA section 111(d). The State Plans A State submitting a State Plan that
excluding Federal holidays. were due to EPA by November 17, 2006. requires coal-fired EGUs to participate
FOR FURTHER INFORMATION CONTACT:
Under 40 CFR 60.27(b), the in the EPA-administered CAMR cap-
Michael Jay at (913) 551–7460 or by Administrator will approve or and-trade program may either adopt
e-mail at jay.michael@epa.gov. disapprove the State Plans. regulations that are substantively
SUPPLEMENTARY INFORMATION: III. What Are the General Requirements identical to the EPA model Hg trading
of CAMR State Plans? rule (40 CFR part 60, subpart HHHH) or
Table of Contents incorporate by reference the model rule.
I. What Action Is EPA Proposing to Take? CAMR establishes Statewide annual
CAMR provides that States may only
II. What Is the Regulatory History of CAMR? EGU Hg emission budgets and is to be
make limited changes to the model rule
III. What Are the General Requirements of implemented in two phases. The first
if the States want to participate in the
CAMR State Plans? phase of reductions starts in 2010 and
IV. How Can States Comply With CAMR? EPA-administered trading program. A
continues through 2017. The second
V. Analysis of Iowa’s CAMR State Plan State Plan may change the model rule
phase of reductions starts in 2018 and
Submittal only by altering the allowance
continues thereafter. CAMR requires
A. State Budgets allocation provisions to provide for
B. CAMR State Plan
States to implement the budgets by
State-specific allocation of Hg
VI. Statutory and Executive Order Reviews either: (1) Requiring coal-fired EGUs to
allowances using a methodology chosen
participate in the EPA-administered
I. What Action Is EPA Proposing to by the State. A State’s alternative
cap-and-trade program; or (2) adopting
Take? allowance allocation provisions must
other coal-fired EGU control measures
meet certain allocation timing
EPA is proposing to approve Iowa’s of the respective State’s choosing and
requirements and must ensure that total
State Plan, submitted on August 15, demonstrating that such control
allocations for each calendar year will
2006, and April 26, 2007. In its State measures will result in compliance with
not exceed the State’s annual EGU Hg
Plan, Iowa would meet CAMR by the applicable State annual EGU Hg
budget for that year.
requiring certain coal-fired EGUs to budget.
participate in the EPA-administered Each State Plan must require coal- V. Analysis of Iowa’s CAMR State Plan
cap-and-trade program addressing Hg fired EGUs to comply with the Submittal
emissions. EPA is proposing to monitoring, recordkeeping, and
reporting provisions of 40 CFR part 75 A. State Budgets
determine that the State Plan meets the
applicable requirements of CAMR. concerning Hg mass emissions. Each In this action, EPA is proposing to
State Plan must also show that the State approve Iowa’s State Plan that adopts
II. What Is the Regulatory History of has the legal authority to adopt emission the annual EGU Hg budgets established
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CAMR? standards and compliance schedules for the State in CAMR, i.e., 0.727 tons
CAMR was published by EPA on May necessary for attainment and for EGU Hg emissions in 2010–2017 and
18, 2005 (70 FR 28606, ‘‘Standards of maintenance of the State’s annual EGU 0.287 tons for EGU Hg emissions in
Performance for New and Existing Hg budget and to require the owners 2018 and thereafter. Iowa’s State Plan
Stationary Sources: Electric Utility and operators of coal-fired EGUs in the sets these budgets as the total amount of
Steam Generating Units; Final Rule’’). In State to meet the monitoring, allowances available for allocation for

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Federal Register / Vol. 72, No. 171 / Wednesday, September 5, 2007 / Proposed Rules 50915

each year under the EPA-administered nameplate capacity will be attributed to on February 28, 2007, that provided a
CAMR cap-and-trade program. each unit in equal fraction of the total commitment to make the EPA suggested
nameplate capacity multiplied by 7900 rule revisions as soon as is practicable
B. CAMR State Plan
British Thermal Units per Kilowatt Hour upon publication of the final rule
The Iowa State Plan requires coal- for the determination of heat input for concerning the proposed Clean Air
fired EGUs to participate in the EPA- each unit. Mercury Rule (CAMR) Federal plan. The
administered CAMR cap-and-trade Iowa’s State Plan requires coal-fired CAMR Federal plan was proposed on
program. The State Plan incorporates by EGUs to comply with the monitoring, December 22, 2006, and the rulemaking
reference the EPA model Hg trading rule recordkeeping, and reporting provisions also included changes to the CAMR
but has adopted an alternative of 40 CFR part 75 concerning Hg mass model rule to integrate it with the
allowance allocation methodology. emissions. Iowa’s State Plan also proposed Federal plan. Any final
Under the Hg allowance allocation demonstrates that the State has the legal changes will need to be incorporated in
methodology in the model rule, Hg authority to adopt emission standards State rules, and Iowa prefers to wait and
allowances are allocated to units that and compliance schedules necessary for make one set of amendments to its State
have operated for 5 years, based on heat attainment and maintenance of the rule to address both the above-
input data from a 3-year period that are State’s annual EGU Hg budget and to referenced definition changes and any
adjusted for coal rank by using coal require the owners and operators of final changes to the CAMR model rule
factors of 3.0 for the lignite combusted coal-fired EGUs in the State to meet the reflecting the final Federal plan. On
by the unit, 1.25 for the subbituminous monitoring, recordkeeping, and April 11, 2007, EPA received an
combusted by the unit, and 1 for other reporting requirements of 40 CFR part electronic correspondence from Iowa
coal ranks combusted by the unit. The 75. Iowa cites Section 455B.133 of the stating that Iowa will, in any event,
model rule also provides a new unit set- Iowa Code, which contains the broad complete these rule revisions before
aside from which units without 5 years enabling authority for Iowa’s air January 1, 2008. The State will be able
of operation are allocated allowances pollution control regulations, as to simultaneously revise the ‘‘permitting
based on the units’ prior year emissions. containing the legal authority for the authority’’ definition in all cap-and-
States may establish in their State Iowa Environmental Protection trade rules for both CAIR and CAMR,
Plan submissions a different Hg Commission to adopt the State’s rule and properly update the State’s rule as
allowance allocation methodology that that allows for Iowa’s participation in necessary to meet the requirements of
will be used to allocate allowances to the nationwide cap and trade program the EPA-administered cap-and-trade-
sources in the States if certain for mercury. program for mercury.
requirements are met concerning the Iowa has committed to revise a The final rule concerning the CAMR
timing of submission of units’ definition in its rule to fully ensure Federal plan is expected to be published
allocations to the Administrator for allowances can be traded among all before the earliest, major deadline for
recordation and the total amount of sources participating in the EPA- compliance with requirements for
allowances allocated for each control administered cap-and-trade program for source owners and operators under the
period. In adopting alternative Hg mercury as intended. EPA discovered CAIR trading programs, i.e., the January
allowance allocation methodologies, after review of other States’ rules, but 1, 2008, deadline for emissions
States have flexibility with regard to: after Iowa had adopted its Clean Air monitoring requirements under the
1. The cost to recipients of the Interstate Rule (CAIR) and CAMR rules, CAIR Annual Trading Program. EPA
allowances, which may be distributed an issue related to the definition of expects that, by timing adoption of the
for free or auctioned; ‘‘permitting authority’’ when it is EPA requested rule revisions to both
2. The frequency of allocations; revised to refer to a specific State’s Iowa’s CAIR and CAMR rules to be soon
3. The basis for allocating allowances, permitting authority. after the publication of the final rule
which may be distributed, for example, In Iowa’s rule designed to meet concerning the CAMR Federal plan, the
based on historical heat input or electric CAMR, the EPA model trading rule was State will ensure the revisions to the
and thermal output; and revised to limit all references to definition of ‘‘permitting authority’’ will
4. The use of allowance set-asides ‘‘permitting authority’’ to refer to the be completed prior to any of the major
and, if used, their size. Iowa Department of Natural Resources. compliance deadlines for source owners
In Iowa’s alternative allowance This change is acceptable in most, but and operators under the CAIR trading
methodology, Iowa has modified the not all, instances under the current programs. Even if the final rule
portion of the model rule relating to the model rule. In certain definitions in the concerning the CAMR Federal plan is
basis for allocating allowances to new model rule incorporated by Iowa (i.e., not published in the expected
units commencing operation on or after ‘‘allocate’’ or ‘‘allocation,’’ and ‘‘Hg timeframe, the State will still need to
January 1, 2001. In Iowa’s rule 567– allowance’’), it is important that the ensure the necessary State rule revisions
34.304, the State has limited the term ‘‘permitting authority’’ cover are completed and submitted to EPA in
timeframe within which a unit can meet permitting authorities in all States that advance of January 1, 2008.
the requirements to apply for choose to participate in the respective
allowances under the new unit set-aside EPA-administered trading program. This VI. Statutory and Executive Order
to units that commence operation on or is necessary to ensure that all Reviews
after January 1, 2001, and commence allowances issued in the EPA- Under Executive Order 12866 (58 FR
construction before January 1, 2006. As administered trading program are 51735, October 4, 1993), this action is
a result, one facility meets this criterion fungible and can be traded and used for not a ‘‘significant regulatory action’’ and
and is provided the full allocation under therefore is not subject to review by the
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compliance with the allowance-holding


the new source set-aside for both phases requirement in any State in the program. Office of Management and Budget. For
amounting to 5 percent of the State’s On February 17, 2007, EPA provided this reason, this action is also not
budget for phase I and 3 percent for a letter to Iowa that requested and subject to Executive Order 13211,
phase II. Also in the section relating to outlined necessary definition revisions ‘‘Actions Concerning Regulations That
new units, in the event a generator is for all rules intended to meet CAIR and Significantly Affect Energy Supply,
served by two or more units, the CAMR. EPA received a letter from Iowa Distribution, or Use’’ (66 FR 28355, May

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50916 Federal Register / Vol. 72, No. 171 / Wednesday, September 5, 2007 / Proposed Rules

22, 2001). This action merely proposes exceed[s] or is likely to appreciably DEPARTMENT OF HOMELAND
to approve State law as meeting Federal exceed the risk or rate to the general SECURITY
requirements and would impose no population or to the appropriate
additional requirements beyond those comparison group.’’ (EPA, 1998) Transportation Security Administration
imposed by State law. Accordingly, the Because this rule merely proposes to
Administrator certifies that this approve a state rule implementing the 49 CFR Parts 1540, 1544, and 1560
proposed rule would not have a Federal standard established by CAMR, [Docket No. TSA–2007–28572]
significant economic impact on a EPA lacks the discretionary authority to
substantial number of small entities modify today’s regulatory decision on RIN 1652–ZA15
under the Regulatory Flexibility Act (5
the basis of environmental justice
U.S.C. 601 et seq.). Because this action Public Meeting: Secure Flight Program
considerations. However, EPA has
proposes to approve pre-existing
requirements under State law and already considered the impact of CAMR, AGENCY: Transportation Security
would not impose any additional including this Federal standard, on Administration, DHS.
enforceable duty beyond that required minority and low-income populations. ACTION: Notice of public meeting and
by State law, it does not contain any In the context of EPA’s CAMR request for comments.
unfunded mandate or significantly or published in the Federal Register on
May 18, 2005, in accordance with SUMMARY: This notice provides the time
uniquely affect small governments, as
described in the Unfunded Mandates Executive Order 12898, the Agency has and location of the public meeting
Reform Act of 1995 (Pub. L. 104–4). considered whether CAMR may have which will be held by the
This proposal also does not have disproportionate negative impacts on Transportation Security Administration
Tribal implications because it would not minority or low income populations and (TSA) regarding the Notice of Proposed
have a substantial direct effect on one or determined it would not. Rulemaking (NPRM) entitled ‘‘Secure
more Indian tribes, on the relationship Flight Program,’’ which was published
In reviewing State Plan submissions, in the Federal Register on August 23,
between the Federal Government and
EPA’s role is to approve State choices, 2007 (72 FR 48356).
Indian tribes, or on the distribution of
power and responsibilities between the provided that they meet the criteria of DATES: The public meeting will be on
Federal Government and Indian tribes, the CAA. In this context, in the absence September 20, 2007, in Washington, DC.
as specified by Executive Order 13175 of a prior existing requirement for the The meeting will begin at 9 am. Persons
(65 FR 67249, November 9, 2000). State to use voluntary consensus not able to attend the meeting are
This proposed action also does not standards (VCS), EPA has no authority invited to provide written comments,
have Federalism implications because it to disapprove a State Plan for failure to which must be received by October 22,
would not have substantial direct effects use VCS. It would thus be inconsistent 2007.
on the States, on the relationship with applicable law for EPA, when it ADDRESSES: The public meeting will be
between the national government and reviews a State Plan submission, to use held at the Grand Hyatt Washington,
the States, or on the distribution of VCS in place of a State Plan submission 1000 H Street, NW., Washington, DC
power and responsibilities among the that otherwise satisfies the provisions of 20001. Participants should check in
various levels of government, as the CAA. Thus, the requirements of with Secure Flight staff.
specified in Executive Order 13132 (64 section 12(d) of the National Persons unable to attend the meeting
FR 43255, August 10, 1999). This action Technology Transfer and Advancement may submit comments, identified by the
merely proposes to approve a State rule Act of 1995 (15 U.S.C. 272 note) do not TSA docket number to this rulemaking,
implementing a Federal standard. It apply. This proposed rule would not using any one of the following methods:
does not alter the relationship or the impose an information collection Comments Filed Electronically: You
distribution of power and may submit comments through the
burden under the provisions of the
responsibilities established in the CAA. docket Web site at http://dms.dot.gov.
This proposed rule also is not subject to Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). You also may submit comments through
Executive Order 13045 ‘‘Protection of the Federal eRulemaking portal at
Children from Environmental Health List of Subjects in Part 62 http://www.regulations.gov.
Risks and Safety Risks’’ (62 FR 19885, Comments Submitted by Mail, Fax, or
April 23, 1997), because it proposes to Environmental protection, Air
In Person: Address or deliver your
approve a State rule implementing a pollution control, Electric utilities,
written, signed comments to the Docket
Federal standard. Intergovernmental relations, Mercury, Management System at: U.S.
Executive Order 12898, ‘‘Federal Reporting and recordkeeping Department of Transportation, Docket
Actions to Address Environmental requirements. Operations, M–30, West Building
Justice in Minority Populations and
Low-Income Populations,’’ requires Dated: August 23, 2007. Ground Floor, Room W12–140, 1200
Federal agencies to consider the impact John B. Askew, New Jersey Ave., SE., Washington, DC
of programs, policies, and activities on Regional Administrator, Region 7.
20590; Fax: 202–493–2251.
minority populations and low-income See SUPPLEMENTARY INFORMATION for
[FR Doc. E7–17414 Filed 9–4–07; 8:45 am]
populations. EPA guidance 1 states that format and other information about
BILLING CODE 6560–50–P
EPA is to assess whether minority or comment submissions.
low-income populations face risk or a FOR FURTHER INFORMATION CONTACT:
rate of exposure to hazards that is Kevin Knott, Policy Manager, Secure
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significant and that ‘‘appreciably Flight, Office of Transportation Threat


Assessment and Credentialing, TSA–19,
1 U.S. Environmental Protection Agency, 1998. Transportation Security Administration,
Guidance for Incorporating Environmental Justice 601 South 12th Street, Arlington, VA
Concerns in EPA’s NEPA Compliance Analyses.
Office of Federal Activities, Washington, DC, April,
22202–4220; Telephone (240) 568–5611.
1998. SUPPLEMENTARY INFORMATION:

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