[Federal Register Volume 83, Number 70 (Wednesday, April 11, 2018)]
[Proposed Rules]
[Pages 15526-15528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07218]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2017-0143; FRL-9976-50-Region 7]
Air Plan Approval; Iowa; Amendment to the Administrative Consent
Order, Grain Processing Corporation, Muscatine, Iowa; Proposal
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the State Implementation Plan (SIP) for the State
of Iowa to incorporate an amendment to the Administrative Consent Order
(ACO) for Grain Processing Corporation (GPC), Muscatine, Iowa. The
revision amends the ACO to change the date for completion of
performance testing from May 31, 2017, to May 31, 2018, to allow the
state more time to complete the remaining air construction permit
applications submitted by GPC, and to specify testing requirements as
appropriate in the final permits. When the state submitted the request
to amend the ACO, twelve of the 107 permits were incomplete. At this
time, only two permits have not been issued by the State. The air
quality in Muscatine, Iowa, has not been adversely impacted by the
remaining pending permit approvals. This revision will not impact the
schedule for installation and operation of control equipment, will not
alter any other compliance dates, and will not adversely affect air
quality in Muscatine, Iowa, as explained in the revised Technical
Support Document that is part of this docket.
This proposal will also address adverse comments submitted to the
docket.
DATES: Comments must be received on or before May 11, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2017-0143 to https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Heather Hamilton, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at (913) 551-7039, or by email at
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA. This section provides additional information by
addressing the following:
I. Background
II. What is being addressed in this document?
III. Have the requirements for approval of a SIP revision been met?
IV. EPA's Response to Comment
V. What action is EPA taking?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. Background
On August 25, 2017, EPA proposed to approve a revision to the Iowa
State Implementation Plan (SIP) which amended the Administrative
Consent Order (ACO) for Grain Processing Corporation (GPC), Muscatine,
Iowa. The revision amended the ACO to change the date for completion of
performance testing from May 31, 2017, to May 31, 2018, to allow the
state more time to complete processing the remaining air construction
permit applications submitted by GPC, and to specify testing
requirements as appropriate in the remaining final permits. See 82 FR
40519. In
[[Page 15527]]
conjunction with the August 25, 2017 notice of proposed rulemaking
(NPR), EPA issued a direct final rule (DFR) approving the amended ACO.
See 82 FR 40491. In the DFR, EPA stated that if adverse comments were
submitted to EPA by September 25, 2017, the action would be withdrawn
and not take effect. EPA received an adverse comment prior to the close
of the comment period. EPA withdrew the DFR on October 12, 2017. See 82
FR 47396.
This proposal will also address adverse comments submitted to the
docket.
II. What is being addressed in this document?
This proposed revision to the Iowa State Implementation Plan (SIP)
will incorporate an amendment to the Administrative Consent Order (ACO)
with Grain Processing Corporation (GPC), Muscatine, Iowa. The revision
changes the date for completion of performance testing from May 31,
2017, to May 31, 2018, to allow the state more time to complete
processing the remaining air construction permit applications submitted
by GPC, and to specify testing requirements as appropriate in the
remaining final permits. This amendment will not impact the schedule
for installation and operation of control equipment, will not alter any
other compliance dates, and will not adversely affect air quality in
the Muscatine, Iowa, area as explained in the Technical Support
Document that is part of this docket.
This proposal will also address adverse comments submitted to the
docket.
III. Have the requirements for approval of a SIP revision been met?
The state submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The state instituted a
30-day comment period; no comments were received. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. In
addition, as explained above and in more detail in the revised
Technical Support Document which is part of this docket, the revision
meets the substantive SIP requirements of the Clean Air Act (CAA),
including section 110 and implementing regulations.
IV. EPA's Response to Comment
The public comment period for EPA's proposed rule opened August 25,
2017, the date of its publication in the Federal Register, and closed
on September 25, 2017. During this period, EPA received an adverse
comment. The adverse comment and EPA's response is as follows:
Comment 1: The commenter first stated that the TSD was not
available in the docket. The TSD was not available in the docket when
the proposal and direct final notices were published on Friday, August
25, 2017.
Response 1: The TSD was made publicly available on Monday, August
28, 2017 which was one business day. EPA did not grant an extended
comment period as suggested by the commenter. When the TSD was
available in the docket, no additional comments were received through
the end of the comment period (September 25, 2017). However, because
the TSD was not publicly available on the date the notice was
published, this proposal allows for additional comment.
Comment 2: The commenter stated that granting an extension for GPC
to perform testing may cause a violation of emission limits, which
could cause a delay in issuing permits, and therefore cause additional
air pollution that would have an adverse impact on air quality in
Muscatine, Iowa.
Response 2: The amendment to the ACO which provides a one-year
extension on performance tests, only affects two of the total of 107
required permits. The remaining 105 permits have already been issued by
the State. This ACO revision does not delay or allow an extension of
the requirements for implementation of the control measures required by
the ACO. GPC is still required to conduct the performance testing; the
deadline is merely adjusted for the two outstanding permits. The
permits that have been finalized, including the permit that allowed the
facility to convert from burning coal to natural gas, have resulted in
improved air quality in Muscatine, Iowa. There have been no exceedances
of the 2006 24-hour NAAQS for fine particulate matter with a diameter
of PM2.5 since July 2015, before the natural gas conversion.
The complete and quality assured ambient air quality monitoring
data for the area shows that the area has, and continues to attain the
NAAQS. Background information with regard to air quality in Muscatine,
Iowa, as well as design values of air monitors are included in the
revised TSD, included in this docket.
V. What action is EPA taking?
EPA is proposing to approve a SIP revision submitted by the State
of Iowa to incorporate an amendment to the Administrative Consent Order
(ACO) with Grain Processing Corporation (GPC), Muscatine, Iowa. EPA is
also responding to comments received in the docket, and by responding
to comments provides additional information with regard to the
remaining permits to be finalized by the State of Iowa. A revised TSD
is included as part of this docket to support the revision to the ACO.
We are processing this as a proposed action because we are
soliciting comments. Final rulemaking will occur after consideration of
any comments.
VI. Incorporation by Reference
In this action, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference Iowa's EPA-approved State source-specific permits described
in the direct final amendments to 40 CFR part 52 set forth below. EPA
has made, and will continue to make, these materials generally
available through https://www.regulations.gov and at the EPA Region 7
Office (please contact the person identified in the For Further
Information Contact section of this preamble for more information).
Therefore, these materials have been approved by EPA for inclusion
in the State Implementation Plan, have been incorporated by reference
by EPA into that plan, are fully Federally enforceable under sections
110 and 113 of the CAA as of the effective date of the final rulemaking
of EPA's approval, and will be incorporated by reference by the
Director of the Federal Register in the next update to the SIP
compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
VII. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions
[[Page 15528]]
of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
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 action 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 June 11, 2018. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action 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, Particulate matter, Reporting and recordkeeping
requirements.
Dated: March 27, 2018.
Karen A. Flournoy,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA proposes to amend 40
CFR part 52 as set forth below:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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. Section 52.820 paragraph(d) is amended by revising the entry ``(29)
Grain Processing Corporation'' to read as follows:
Sec. 52.820 Identification of plan.
* * * * *
(d)* * *
EPA-Approved Iowa Source-Specific Orders/Permits
----------------------------------------------------------------------------------------------------------------
State
Name of source Order/Permit No. effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(29) Grain Processing Administrative 1-16-17 12/1/14, 79 FR 71025; The last sentence of
Corporation. Consent Order amendment approved Paragraph 5, Section
No. 2014-AQ-A1. [date of final III and Section VI
publication in the are not approved by
Federal Register], EPA as part of the
[final Federal SIP.
Register citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2018-07218 Filed 4-10-18; 8:45 am]
BILLING CODE 6560-50-P