[Federal Register Volume 83, Number 125 (Thursday, June 28, 2018)]
[Rules and Regulations]
[Pages 30348-30350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13857]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2017-0143; FRL-9979-97--Region 7]
Air Plan Approval; Iowa; Amendment to the Administrative Consent
Order, Grain Processing Corporation, Muscatine, Iowa; Final Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the State Implementation Plan (SIP)
submitted by the State of Iowa for the purpose of incorporating 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 to allow
the state more time to complete processing air construction permit
applications submitted by GPC and specify testing requirements as
appropriate in the final permits. 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. The state held a 30-day comment period,
during which no comments were received.
DATES: This final rule is effective on July 30, 2018.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2017-0143. All documents in the docket are listed on
the https://www.regulations.gov website. 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 through https://www.regulations.gov or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional information.
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 submission been
met?
IV. What action is EPA taking?
V. Incorporation by Reference
VI. 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 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.
On April 11, 2018, EPA proposed to incorporate the amendment to the
ACO for GPC. See 83 FR 15526. A revised Technical Support Document was
included in the docket that addressed background information with
regard to air quality in Muscatine, Iowa, as well as declining design
values for the National Ambient Air Quality Standard for fine
particulate matter with a diameter of 2.5 microns or smaller
(PM2.5). The proposal also addressed EPA's response to the
adverse comments. The comment period for the proposed action ended on
May 11, 2018. Three comments were received that were not related to the
scope of the proposed rulemaking and therefore, will not be addressed
in this final rulemaking.
II. What is being addressed in this document?
This final action approves a revision to the Iowa State
Implementation Plan (SIP) submitted by the State of Iowa for the
purpose of incorporating 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, and will allow the state more time
to complete processing air construction permit applications submitted
by GPC and specify testing requirements as appropriate in the final
permits. This amendment will not impact the
[[Page 30349]]
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.
III. Have the requirements for approval of a SIP submission been met?
The state met the public notice requirements for SIP submissions in
accordance with 40 CFR 51.102. The state initiated public comment from
April 6, 2013, to May 8, 2013. One comment was received and adequately
addressed in the final SIP submission. The amended submission was
placed on public comment January 12, 2017, to February 15, 2017. No
comments were received. These submissions 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 documents
which are part of the docket for this rulemaking, the submissions met
the applicable substantive SIP requirements of the CAA, including
section 110 and implementing regulations.
IV. What action is EPA taking?
This final action approves a SIP revision submitted by the State of
Iowa for the purpose of incorporating an amendment to the
Administrative Consent Order (ACO) with Grain Processing Corporation
(GPC), Muscatine, Iowa.
V. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of a revision to
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 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 in the next update to
the SIP compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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VI. 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
Does not impose an information collection burden under the
provisions 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 the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; 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).
In addition, 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 27, 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: June 13, 2018.
James B. Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA amends 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
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2. Section 52.820 paragraph (d) is amended by revising the entry ``(29)
Grain Processing Corporation'' to read as follows:
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Sec. 52.820 Identification of plan
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(d) * * *
EPA-Approved Iowa Source-Specific Orders/Permits
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State
Name of source Order/Permit No. effective date EPA approval date Explanation
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(29) Grain Processing Administrative 1/16/17 12/1/14, 79 FR The last sentence of
Corporation. Consent Order No. 71025; amendment Paragraph 5, Section
2014-AQ-A1. approved 6/28/18 III and Section VI are
[Insert Federal not approved by EPA as
Register part of the SIP.
citation].
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[FR Doc. 2018-13857 Filed 6-27-18; 8:45 am]
BILLING CODE 6560-50-P