80_FR_18197 80 FR 18133 - Approval and Promulgation of Implementation Plans; State of Iowa; 2014 Iowa State Implementation Plan; Permit Modifications; Muscatine, Iowa

80 FR 18133 - Approval and Promulgation of Implementation Plans; State of Iowa; 2014 Iowa State Implementation Plan; Permit Modifications; Muscatine, Iowa

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 64 (April 3, 2015)

Page Range18133-18136
FR Document2015-07488

The Environmental Protection Agency (EPA) is approving revisions to the State Implementation Plan (SIP) for the State of Iowa to include modified permits for Muscatine County, Iowa. The SIP revision addresses modifications to construction permits that were included in the 2006 24-hour particulate matter less than 2.5 micrometers (PM<INF>2.5</INF>) National Ambient Air Quality Standards (NAAQS) control strategy proposed on August 11, 2014, and published as a final rule in the Federal Register on December 1, 2014, with the effective date of December 31, 2014. The state's submission of modified permits includes a revised air dispersion modeling analysis that demonstrated continued attainment of the 2006 24-hour PM<INF>2.5</INF> NAAQS. This action will also make an administrative correction to permit numbers.

Federal Register, Volume 80 Issue 64 (Friday, April 3, 2015)
[Federal Register Volume 80, Number 64 (Friday, April 3, 2015)]
[Rules and Regulations]
[Pages 18133-18136]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07488]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0159; FRL-9925-60-Region 7]


Approval and Promulgation of Implementation Plans; State of Iowa; 
2014 Iowa State Implementation Plan; Permit Modifications; Muscatine, 
Iowa

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to the State Implementation Plan (SIP) for the State of Iowa 
to include modified permits for Muscatine County, Iowa. The SIP 
revision addresses modifications to construction permits that were 
included in the 2006 24-hour particulate matter less than 2.5 
micrometers (PM2.5) National Ambient Air Quality Standards 
(NAAQS) control strategy proposed on August 11, 2014, and published as 
a final rule in the Federal Register on December 1, 2014, with the 
effective date of December 31, 2014. The state's submission of modified 
permits includes a revised air dispersion modeling analysis that 
demonstrated continued attainment of the 2006 24-hour PM2.5 
NAAQS. This action will also make an administrative correction to 
permit numbers.

DATES: This direct final rule will be effective June 2, 2015, without 
further notice, unless EPA receives adverse comment by May 4, 2015. If 
EPA receives adverse comment, we will publish a timely withdrawal of 
the direct final rule in the Federal Register informing the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2015-0159 by one of the following methods:
    1. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Mail or Hand Delivery: Heather Hamilton, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2015-0159. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov or 
email information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov, your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. 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, will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically in www.regulations.gov or in hard copy at the 
Environmental Protection Agency, Air Planning and Development Branch, 
11201 Renner Boulevard, Lenexa, Kansas 66219. The Regional Office's 
official hours of business are Monday through Friday, 8:00 to 4:30 
excluding legal 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: 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,'' or 
``our'' refer to EPA. This section provides additional information by 
addressing the following:

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is EPA taking?

I. What is being addressed in this document?

    EPA is taking direct final action to approve SIP revisions to 
replace specific EPA SIP-approved construction permits with modified 
permits in Muscatine County, Iowa. The modified permits are associated 
with PM2.5 emission points at Union Tank Car (UTLX) and 
Muscatine Power and Water (MPW). Prior versions of these permits were 
included in the 2006 24-hour PM2.5 NAAQS control strategy 
proposed in the Federal Register on August 11, 2014, (79 FR 71027) and 
published as a final rule on December 1, 2014, (79 FR 71025) with an 
effective date of December 31, 2014. Prior to publication of the final 
action, modifications to permits submitted with the control strategy 
were pending (under review by the state and undergoing public comment) 
for MPW and UTLX.
    Permits for UTLX were modified to reflect current operating 
conditions, stack configurations, and revised PM2.5 emission 
limits. The permit conditions pertaining to compliance demonstrations 
and operating condition monitoring, recordkeeping and reporting were 
included in each modified permit. The Iowa Department of Natural 
Resources (IDNR) initiated the public comment period that ended on 
August 28, 2014, for the UTLX modified permits. No comments were 
received.
    Permits for MPW were modified to include updated PM2.5 
emission limitations associated with the rail unloading system. The 
permit conditions pertaining to compliance demonstrations and operating 
condition monitoring, recordkeeping and reporting were included in each 
modified permit. IDNR initiated the public comment period that ended on 
September 4, 2014, for the MPW modified permits. No comments were 
received.

[[Page 18134]]

    The modified permits submission included a technical demonstration 
and an updated air dispersion modeling analysis. The modeling analysis, 
as well as the modified permits were reviewed by EPA and it was 
determined that the modifications continue to demonstrate emission 
reductions and attainment of the 2006 24-hour PM2.5 NAAQS in 
Muscatine, Iowa, and therefore, does not relax the SIP. Additional 
technical detail regarding permit modifications is included in the 
Technical Support Document included in the docket for this rulemaking.
    This action will also make an administrative correction to a permit 
number.

II. 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 submission also 
satisfied the completeness criteria of 40 CFR part 51, appendix V. In 
addition, as explained above and in more detail in the identified 
docket documents, the revision meets the substantive SIP requirements 
of the CAA, including section 110 and implementing regulations.

III. What action is EPA taking?

    EPA is taking direct final action to approve SIP revisions to 
include modified permits for the Muscatine County, Iowa, area. The 
modified permits are for emission points at UTLX and MPW which were 
included in the 2006 24-hour PM2.5 NAAQS control strategy. 
The control strategy was proposed in the Federal Register on August 11, 
2014, and published as a final rule on December 1, 2014, with the 
effective date of December 31, 2014.
    This action also includes an administrative correction to the 
permit number for (44) Muscatine Power and Water (Permit NO. 95-A-373-
P2).
    We are publishing this direct final rule without a prior proposed 
rule because we view this as a noncontroversial amendment and 
anticipate no adverse comment because the revisions are largely 
administrative and consistent with Federal regulations. The detailed 
rationale for the approval is set forth in the technical support 
document that can be found in Docket ID No. EPA-R07-OAR-2015-0159. 
However, in the ``Proposed Rules'' section of today's Federal Register, 
we are publishing a separate document that will serve as the proposed 
rule to approve the SIP revision if adverse comments are received on 
this direct final rule. We will not institute a second comment period 
on this action. Any parties interested in commenting must do so at this 
time. For further information about commenting on this rule, see the 
ADDRESSES section of this document.
    If EPA receives adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that this 
direct final rule will not take effect. We will address all public 
comments in any subsequent final rule based on the proposed rule.

Statutory and Executive Order Reviews

    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 Iowa's EPA-
Approved Iowa Source-Specific Orders/Permits, section 52.820 (d), 
described in the direct final amendments to 40 CFR part 52 set forth 
below. EPA has made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and/or 
in hard copy at the appropriate EPA office (see the ADDRESSES section 
of this preamble for more information).
    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'' under the terms 
of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under Executive Orders 12866 and 13563 
(76 FR 3821, January 21, 2011).
     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 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 2, 2015. 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

[[Page 18135]]

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, Particulate 
matter, Reporting and recordkeeping requirements.

    Dated: March 20, 2015.
Mark Hague,
Acting 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

0
2. In Sec.  52.820(d) the table is amended by revising entries (41), 
(42), (44), (45), (47), (54), (76), (77), (78), (79), (80), (85), (86), 
(87), (92), (95), (97), (103), (104), (105), (106), (107), and (108) 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     EPA Approval date        Explanation
                                                             date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(41) Muscatine Power and Water...  Permit NO. 93-A-288-      9/12/14  4/3/15 and [Insert     ...................
                                    S4.                                Federal Register
                                                                       citation].
(42) Muscatine Power and Water...  Permit NO. 93-A-289-      9/12/14  4/3/15 and [Insert     ...................
                                    S4.                                Federal Register
                                                                       citation].
 
                                                  * * * * * * *
(44) Muscatine Power and Water...  Permit NO. 95-A-373-      7/22/13  4/3/15 and [Insert     ...................
                                    P2.                                Federal Register
                                                                       citation].
(45) Muscatine Power and Water...  Permit NO. 00-A-638-      7/22/13  4/3/15 and [Insert     ...................
                                    S1.                                Federal Register
                                                                       citation].
 
                                                  * * * * * * *
(47) Muscatine Power and Water...  Permit NO. 00-A-683-      7/22/13  4/3/15 and [Insert     ...................
                                    S1.                                Federal Register
                                                                       citation].
 
                                                  * * * * * * *
(54) Muscatine Power and Water...  Permit NO. 04-A-617-      7/22/13  4/3/15 and [Insert     ...................
                                    S1.                                Federal Register
                                                                       citation].
 
                                                  * * * * * * *
(76) Muscatine Power and Water...  Permit NO. 80-A-196-      7/22/13  4/3/15 and [Insert     ...................
                                    S4.                                Federal Register
                                                                       citation].
(77) Muscatine Power and Water...  Permit NO. 93-A-286-      7/22/13  4/3/15 and [Insert     ...................
                                    S5.                                Federal Register
                                                                       citation].
(78) Muscatine Power and Water...  Permit NO. 01-A-457-      7/22/13  4/3/15 and [Insert     ...................
                                    S5.                                Federal Register
                                                                       citation].
(79) Muscatine Power and Water...  Permit NO. 06-A-650-      7/22/13  4/3/15 and [Insert     ...................
                                    S3.                                Federal Register
                                                                       citation].
(80) Muscatine Power and Water...  Permit NO. 13-A-160-      7/22/13  4/3/15 and [Insert     ...................
                                    S1.                                Federal Register
                                                                       citation].
 
                                                  * * * * * * *
(85) Union Tank Car Company......  Permit NO. 00-A-1086-      9/2/14  4/3/15 and [Insert     ...................
                                    S3.                                Federal Register
                                                                       citation].
(86) Union Tank Car Company......  Permit NO. 00-A-1087-      9/2/14  4/3/15 and [Insert     ...................
                                    S3.                                Federal Register
                                                                       citation].
(87) Union Tank Car Company......  Permit NO. 00-A-1088-      9/2/14  4/3/15 and [Insert     ...................
                                    S3.                                Federal Register
                                                                       citation].
 
                                                  * * * * * * *
(92) Union Tank Car Company......  Permit NO. 96-A-636-       9/2/14  4/3/15 and [Insert     ...................
                                    S4.                                Federal Register
                                                                       citation].
 
                                                  * * * * * * *
(95) Union Tank Car Company......  Permit NO. 00-A-531-       9/2/14  4/3/15 and [Insert     ...................
                                    S3.                                Federal Register
                                                                       citation].
 
                                                  * * * * * * *
(97) Union Tank Car Company......  Permit NO. 00-A-533-       9/2/14  4/3/15 and [Insert     ...................
                                    S3.                                Federal Register
                                                                       citation].
 

[[Page 18136]]

 
                                                  * * * * * * *
(103) Union Tank Car Company.....  Permit NO. 00-A-1089-      9/2/14  4/3/15 and [Insert     ...................
                                    S3.                                Federal Register
                                                                       citation].
(104) Union Tank Car Company.....  Permit NO. 00-A-1090-      9/2/14  4/3/15 and [Insert     ...................
                                    S3.                                Federal Register
                                                                       citation].
(105) Union Tank Car Company.....  Permit NO. 00-A-1091-      9/2/14  4/3/15 and [Insert     ...................
                                    S3.                                Federal Register
                                                                       citation].
(106) Union Tank Car Company.....  Permit NO. 10-A-043-       9/2/14  4/3/15 and [Insert     ...................
                                    S3.                                Federal Register
                                                                       citation].
(107) Union Tank Car Company.....  Permit NO. 09-A-009-       9/2/14  4/3/15 and [Insert     ...................
                                    S3.                                Federal Register
                                                                       citation].
(108) Union Tank Car Company.....  Permit NO. 09-A-010-       9/2/14  4/3/15 and [Insert     ...................
                                    S3.                                Federal Register
                                                                       citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-07488 Filed 4-2-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                                           Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Rules and Regulations                                          18133
                                                      1This   date is June 15, 2004, unless otherwise noted.
                                                      2   This date is June 4, 2010.


                                                  *         *     *       *      *                              Instructions: Direct your comments to              Protection Agency, Air Planning and
                                                  [FR Doc. 2015–07534 Filed 4–2–15; 8:45 am]                 Docket ID No. EPA–R07–OAR–2015–                       Development Branch, 11201 Renner
                                                  BILLING CODE 6560–50–P                                     0159. EPA’s policy is that all comments               Boulevard, Lenexa, Kansas 66219 at
                                                                                                             received will be included in the public               (913) 551–7039, or by email at
                                                                                                             docket without change and may be                      Hamilton.heather@epa.gov.
                                                  ENVIRONMENTAL PROTECTION                                   made available online at                              SUPPLEMENTARY INFORMATION:
                                                  AGENCY                                                     www.regulations.gov, including any                    Throughout this document ‘‘we,’’ ‘‘us,’’
                                                                                                             personal information provided, unless                 or ‘‘our’’ refer to EPA. This section
                                                  40 CFR Part 52                                             the comment includes information                      provides additional information by
                                                  [EPA–R07–OAR–2015–0159; FRL–9925–60–                       claimed to be Confidential Business                   addressing the following:
                                                  Region 7]                                                  Information (CBI) or other information
                                                                                                                                                                   I. What is being addressed in this document?
                                                                                                             whose disclosure is restricted by statute.            II. Have the requirements for approval of a
                                                  Approval and Promulgation of                               Do not submit through                                      SIP revision been met?
                                                  Implementation Plans; State of Iowa;                       www.regulations.gov or email                          III. What action is EPA taking?
                                                  2014 Iowa State Implementation Plan;                       information that you consider to be CBI
                                                  Permit Modifications; Muscatine, Iowa                      or otherwise protected. The                           I. What is being addressed in this
                                                                                                             www.regulations.gov Web site is an                    document?
                                                  AGENCY: Environmental Protection
                                                                                                             ‘‘anonymous access’’ system, which                       EPA is taking direct final action to
                                                  Agency.
                                                                                                             means EPA will not know your identity                 approve SIP revisions to replace specific
                                                  ACTION: Direct final rule.                                 or contact information unless you                     EPA SIP-approved construction permits
                                                                                                             provide it in the body of your comment.               with modified permits in Muscatine
                                                  SUMMARY:   The Environmental Protection
                                                                                                             If you send an email comment directly                 County, Iowa. The modified permits are
                                                  Agency (EPA) is approving revisions to
                                                                                                             to EPA without going through                          associated with PM2.5 emission points at
                                                  the State Implementation Plan (SIP) for
                                                                                                             www.regulations.gov, your email                       Union Tank Car (UTLX) and Muscatine
                                                  the State of Iowa to include modified
                                                                                                             address will be automatically captured                Power and Water (MPW). Prior versions
                                                  permits for Muscatine County, Iowa.
                                                                                                             and included as part of the comment                   of these permits were included in the
                                                  The SIP revision addresses
                                                                                                             that is placed in the public docket and               2006 24-hour PM2.5 NAAQS control
                                                  modifications to construction permits
                                                                                                             made available on the Internet. If you                strategy proposed in the Federal
                                                  that were included in the 2006 24-hour
                                                                                                             submit an electronic comment, EPA                     Register on August 11, 2014, (79 FR
                                                  particulate matter less than 2.5
                                                                                                             recommends that you include your                      71027) and published as a final rule on
                                                  micrometers (PM2.5) National Ambient
                                                                                                             name and other contact information in                 December 1, 2014, (79 FR 71025) with
                                                  Air Quality Standards (NAAQS) control
                                                                                                             the body of your comment and with any                 an effective date of December 31, 2014.
                                                  strategy proposed on August 11, 2014,
                                                                                                             disk or CD–ROM you submit. If EPA                     Prior to publication of the final action,
                                                  and published as a final rule in the
                                                                                                             cannot read your comment due to                       modifications to permits submitted with
                                                  Federal Register on December 1, 2014,
                                                                                                             technical difficulties and cannot contact             the control strategy were pending
                                                  with the effective date of December 31,
                                                                                                             you for clarification, EPA may not be                 (under review by the state and
                                                  2014. The state’s submission of
                                                                                                             able to consider your comment.                        undergoing public comment) for MPW
                                                  modified permits includes a revised air
                                                                                                             Electronic files should avoid the use of              and UTLX.
                                                  dispersion modeling analysis that
                                                                                                             special characters, any form of                          Permits for UTLX were modified to
                                                  demonstrated continued attainment of
                                                                                                             encryption, and be free of any defects or             reflect current operating conditions,
                                                  the 2006 24-hour PM2.5 NAAQS. This
                                                                                                             viruses.                                              stack configurations, and revised PM2.5
                                                  action will also make an administrative                       Docket: All documents in the docket
                                                  correction to permit numbers.                                                                                    emission limits. The permit conditions
                                                                                                             are listed in the www.regulations.gov                 pertaining to compliance
                                                  DATES: This direct final rule will be                      index. Although listed in the index,                  demonstrations and operating condition
                                                  effective June 2, 2015, without further                    some information is not publicly                      monitoring, recordkeeping and
                                                  notice, unless EPA receives adverse                        available, i.e., CBI or other information             reporting were included in each
                                                  comment by May 4, 2015. If EPA                             whose disclosure is restricted by statute.            modified permit. The Iowa Department
                                                  receives adverse comment, we will                          Certain other material, such as                       of Natural Resources (IDNR) initiated
                                                  publish a timely withdrawal of the                         copyrighted material, will be publicly                the public comment period that ended
                                                  direct final rule in the Federal Register                  available only in hard copy form.                     on August 28, 2014, for the UTLX
                                                  informing the public that the rule will                    Publicly available docket materials are               modified permits. No comments were
                                                  not take effect.                                           available either electronically in                    received.
                                                  ADDRESSES:   Submit your comments,                         www.regulations.gov or in hard copy at                   Permits for MPW were modified to
                                                  identified by Docket ID No. EPA–R07–                       the Environmental Protection Agency,                  include updated PM2.5 emission
                                                  OAR–2015–0159 by one of the following                      Air Planning and Development Branch,                  limitations associated with the rail
                                                  methods:                                                   11201 Renner Boulevard, Lenexa,                       unloading system. The permit
                                                    1. www.regulations.gov. Follow the                       Kansas 66219. The Regional Office’s                   conditions pertaining to compliance
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  on-line instructions for submitting                        official hours of business are Monday                 demonstrations and operating condition
                                                  comments.                                                  through Friday, 8:00 to 4:30 excluding                monitoring, recordkeeping and
                                                    2. Email: Hamilton.heather@epa.gov.                      legal holidays. The interested persons                reporting were included in each
                                                    3. Mail or Hand Delivery: Heather                        wanting to examine these documents                    modified permit. IDNR initiated the
                                                  Hamilton, Environmental Protection                         should make an appointment with the                   public comment period that ended on
                                                  Agency, Air Planning and Development                       office at least 24 hours in advance.                  September 4, 2014, for the MPW
                                                  Branch, 11201 Renner Boulevard,                            FOR FURTHER INFORMATION CONTACT:                      modified permits. No comments were
                                                  Lenexa, Kansas 66219.                                      Heather Hamilton, Environmental                       received.


                                             VerDate Sep<11>2014      16:21 Apr 02, 2015   Jkt 235001   PO 00000   Frm 00051   Fmt 4700   Sfmt 4700   E:\FR\FM\03APR1.SGM   03APR1


                                                  18134                 Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Rules and Regulations

                                                    The modified permits submission                       comment period on this action. Any                    Order 13132 (64 FR 43255, August 10,
                                                  included a technical demonstration and                  parties interested in commenting must                 1999);
                                                  an updated air dispersion modeling                      do so at this time. For further                          • is not an economically significant
                                                  analysis. The modeling analysis, as well                information about commenting on this                  regulatory action based on health or
                                                  as the modified permits were reviewed                   rule, see the ADDRESSES section of this               safety risks subject to Executive Order
                                                  by EPA and it was determined that the                   document.                                             13045 (62 FR 19885, April 23, 1997);
                                                  modifications continue to demonstrate                      If EPA receives adverse comment, we                   • is not a significant regulatory action
                                                  emission reductions and attainment of                   will publish a timely withdrawal in the               subject to Executive Order 13211 (66 FR
                                                  the 2006 24-hour PM2.5 NAAQS in                         Federal Register informing the public                 28355, May 22, 2001);
                                                  Muscatine, Iowa, and therefore, does not                that this direct final rule will not take                • is not subject to requirements of
                                                  relax the SIP. Additional technical                     effect. We will address all public                    Section 12(d) of the National
                                                  detail regarding permit modifications is                comments in any subsequent final rule                 Technology Transfer and Advancement
                                                  included in the Technical Support                       based on the proposed rule.                           Act of 1995 (15 U.S.C. 272 note) because
                                                  Document included in the docket for                                                                           application of those requirements would
                                                  this rulemaking.                                        Statutory and Executive Order Reviews
                                                                                                                                                                be inconsistent with the CAA; and
                                                    This action will also make an                            In this rule, EPA is finalizing                       • does not provide EPA with the
                                                  administrative correction to a permit                   regulatory text that includes                         discretionary authority to address, as
                                                  number.                                                 incorporation by reference. In                        appropriate, disproportionate human
                                                  II. Have the requirements for approval                  accordance with requirements of 1 CFR                 health or environmental effects, using
                                                  of a SIP revision been met?                             51.5, EPA is finalizing the incorporation             practicable and legally permissible
                                                                                                          by reference of Iowa’s EPA-Approved                   methods, under Executive Order 12898
                                                     The state submission has met the                     Iowa Source-Specific Orders/Permits,
                                                  public notice requirements for SIP                                                                            (59 FR 7629, February 16, 1994).
                                                                                                          section 52.820 (d), described in the                     The SIP is not approved to apply on
                                                  submissions in accordance with 40 CFR                   direct final amendments to 40 CFR part
                                                  51.102. The submission also satisfied                                                                         any Indian reservation land or in any
                                                                                                          52 set forth below. EPA has made, and                 other area where EPA or an Indian tribe
                                                  the completeness criteria of 40 CFR part                will continue to make, these documents
                                                  51, appendix V. In addition, as                                                                               has demonstrated that a tribe has
                                                                                                          generally available electronically                    jurisdiction. In those areas of Indian
                                                  explained above and in more detail in                   through www.regulations.gov and/or in
                                                  the identified docket documents, the                                                                          country, the rule does not have tribal
                                                                                                          hard copy at the appropriate EPA office               implications and will not impose
                                                  revision meets the substantive SIP                      (see the ADDRESSES section of this
                                                  requirements of the CAA, including                                                                            substantial direct costs on tribal
                                                                                                          preamble for more information).                       governments or preempt tribal law as
                                                  section 110 and implementing
                                                                                                             Under the CAA, the Administrator is                specified by Executive Order 13175 (65
                                                  regulations.
                                                                                                          required to approve a SIP submission                  FR 67249, November 9, 2000).
                                                  III. What action is EPA taking?                         that complies with the provisions of the                 The Congressional Review Act, 5
                                                     EPA is taking direct final action to                 Act and applicable Federal regulations.               U.S.C. 801 et seq., as added by the Small
                                                  approve SIP revisions to include                        42 U.S.C. 7410(k); 40 CFR 52.02(a).                   Business Regulatory Enforcement
                                                  modified permits for the Muscatine                      Thus, in reviewing SIP submissions,                   Fairness Act of 1996, generally provides
                                                  County, Iowa, area. The modified                        EPA’s role is to approve state choices,               that before a rule may take effect, the
                                                  permits are for emission points at UTLX                 provided that they meet the criteria of               agency promulgating the rule must
                                                  and MPW which were included in the                      the CAA. Accordingly, this action                     submit a rule report, which includes a
                                                  2006 24-hour PM2.5 NAAQS control                        merely approves state law as meeting                  copy of the rule, to each House of the
                                                  strategy. The control strategy was                      Federal requirements and does not                     Congress and to the Comptroller General
                                                  proposed in the Federal Register on                     impose additional requirements beyond                 of the United States. EPA will submit a
                                                  August 11, 2014, and published as a                     those imposed by state law. For that                  report containing this action and other
                                                  final rule on December 1, 2014, with the                reason, this action:                                  required information to the U.S. Senate,
                                                  effective date of December 31, 2014.                       • Is not a ‘‘significant regulatory                the U.S. House of Representatives, and
                                                     This action also includes an                         action’’ under the terms of Executive                 the Comptroller General of the United
                                                  administrative correction to the permit                 Order 12866 (58 FR 51735, October 4,                  States prior to publication of the rule in
                                                  number for (44) Muscatine Power and                     1993) and is therefore not subject to                 the Federal Register.
                                                  Water (Permit NO. 95–A–373–P2).                         review under Executive Orders 12866                      A major rule cannot take effect until
                                                     We are publishing this direct final                  and 13563 (76 FR 3821, January 21,                    60 days after it is published in the
                                                  rule without a prior proposed rule                      2011).                                                Federal Register. This action is not a
                                                  because we view this as a                                  • does not impose an information                   ‘‘major rule’’ as defined by 5 U.S.C.
                                                  noncontroversial amendment and                          collection burden under the provisions                804(2).
                                                  anticipate no adverse comment because                   of the Paperwork Reduction Act (44                       Under section 307(b)(1) of the CAA,
                                                  the revisions are largely administrative                U.S.C. 3501 et seq.);                                 petitions for judicial review of this
                                                  and consistent with Federal regulations.                   • is certified as not having a                     action must be filed in the United States
                                                  The detailed rationale for the approval                 significant economic impact on a                      Court of Appeals for the appropriate
                                                  is set forth in the technical support                   substantial number of small entities                  circuit by June 2, 2015. Filing a petition
                                                  document that can be found in Docket                    under the Regulatory Flexibility Act (5               for reconsideration by the Administrator
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                                                  ID No. EPA–R07–OAR–2015–0159.                           U.S.C. 601 et seq.);                                  of this final rule does not affect the
                                                  However, in the ‘‘Proposed Rules’’                         • does not contain any unfunded                    finality of this action for the purposes of
                                                  section of today’s Federal Register, we                 mandate or significantly or uniquely                  judicial review nor does it extend the
                                                  are publishing a separate document that                 affect small governments, as described                time within which a petition for judicial
                                                  will serve as the proposed rule to                      in the Unfunded Mandates Reform Act                   review may be filed, and shall not
                                                  approve the SIP revision if adverse                     of 1995 (Pub. L. 104–4);                              postpone the effectiveness of such rule
                                                  comments are received on this direct                       • does not have Federalism                         or action. This action may not be
                                                  final rule. We will not institute a second              implications as specified in Executive                challenged later in proceedings to


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                                                                        Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Rules and Regulations                                                      18135

                                                  enforce its requirements. (See section                   Dated: March 20, 2015.                                       Authority: 42 U.S.C. 7401 et seq.
                                                  307(b)(2).)                                             Mark Hague,
                                                                                                          Acting Regional Administrator, Region 7.                  Subpart Q—Iowa
                                                  List of Subjects in 40 CFR Part 52
                                                                                                            For the reasons stated in the                           ■ 2. In § 52.820(d) the table is amended
                                                    Environmental protection, Air                         preamble, EPA amends 40 CFR part 52                       by revising entries (41), (42), (44), (45),
                                                  pollution control, Carbon monoxide,                     as set forth below:                                       (47), (54), (76), (77), (78), (79), (80), (85),
                                                  Incorporation by reference,                                                                                       (86), (87), (92), (95), (97), (103), (104),
                                                  Intergovernmental relations, Particulate                PART 52—APPROVAL AND                                      (105), (106), (107), and (108) to read as
                                                  matter, Reporting and recordkeeping                     PROMULGATION OF                                           follows:
                                                  requirements.                                           IMPLEMENTATION PLANS
                                                                                                                                                                    § 52.820    Identification of plan.
                                                                                                          ■ 1. The authority citation for part 52                   *       *    *       *     *
                                                                                                          continues to read as follows:                                 (d) * * *

                                                                                             EPA-APPROVED IOWA SOURCE-SPECIFIC ORDERS/PERMITS
                                                                                                                        State
                                                        Name of source                   Order/Permit No.              effective                        EPA Approval date                          Explanation
                                                                                                                         date


                                                           *                        *                 *                                *                      *                   *                         *
                                                  (41) Muscatine Power and         Permit NO. 93–A–288–S4                   9/12/14        4/3/15 and [Insert Federal Register cita-
                                                    Water.                                                                                   tion].
                                                  (42) Muscatine Power and         Permit NO. 93–A–289–S4                   9/12/14        4/3/15 and [Insert Federal Register cita-
                                                    Water.                                                                                   tion].

                                                           *                        *                 *                                *                       *                  *                         *
                                                  (44) Muscatine Power and         Permit NO. 95–A–373–P2                   7/22/13        4/3/15 and [Insert Federal Register cita-
                                                    Water.                                                                                   tion].
                                                  (45) Muscatine Power and         Permit NO. 00–A–638–S1                   7/22/13        4/3/15 and [Insert FEDERAL REGISTER cita-
                                                    Water.                                                                                   tion].

                                                           *                        *                 *                                *                      *                   *                         *
                                                  (47) Muscatine Power and         Permit NO. 00–A–683–S1                   7/22/13        4/3/15 and [Insert Federal Register cita-
                                                    Water.                                                                                   tion].

                                                           *                        *                 *                                *                      *                   *                         *
                                                  (54) Muscatine Power and         Permit NO. 04–A–617–S1                   7/22/13        4/3/15 and [Insert Federal Register cita-
                                                    Water.                                                                                   tion].

                                                           *                        *                 *                                *                        *                   *                       *
                                                  (76) Muscatine   Power and       Permit NO. 80–A–196–S4                   7/22/13        4/3/15 and   [Insert Federal Register cita-
                                                    Water.                                                                                   tion].
                                                  (77) Muscatine   Power and       Permit NO. 93–A–286–S5                   7/22/13        4/3/15 and   [Insert Federal Register cita-
                                                    Water.                                                                                   tion].
                                                  (78) Muscatine   Power and       Permit NO. 01–A–457–S5                   7/22/13        4/3/15 and   [Insert Federal Register cita-
                                                    Water.                                                                                   tion].
                                                  (79) Muscatine   Power and       Permit NO. 06–A–650–S3                   7/22/13        4/3/15 and   [Insert Federal Register cita-
                                                    Water.                                                                                   tion].
                                                  (80) Muscatine   Power and       Permit NO. 13–A–160–S1                   7/22/13        4/3/15 and   [Insert Federal Register cita-
                                                    Water.                                                                                   tion].

                                                                                                                                *******
                                                  (85) Union Tank Car Com-         Permit NO. 00–A–1086–                     9/2/14 4/3/15 and [Insert Federal Register cita-
                                                    pany.                            S3.                                              tion].
                                                  (86) Union Tank Car Com-         Permit NO. 00–A–1087–                     9/2/14 4/3/15 and [Insert Federal Register cita-
                                                    pany.                            S3.                                              tion].
                                                  (87) Union Tank Car Com-         Permit NO. 00–A–1088–                     9/2/14 4/3/15 and [Insert Federal Register cita-
                                                    pany.                            S3.                                              tion].

                                                           *                        *                 *                                *                      *                   *                         *
                                                  (92) Union Tank Car Com-         Permit NO. 96–A–636–S4                    9/2/14        4/3/15 and [Insert Federal Register cita-
                                                    pany.                                                                                    tion].
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                                                           *                        *                 *                                *                      *                   *                         *
                                                  (95) Union Tank Car Com-         Permit NO. 00–A–531–S3                    9/2/14        4/3/15 and [Insert Federal Register cita-
                                                    pany.                                                                                    tion].

                                                           *                        *                 *                                *                      *                   *                         *
                                                  (97) Union Tank Car Com-         Permit NO. 00–A–533–S3                    9/2/14        4/3/15 and [Insert Federal Register cita-
                                                    pany.                                                                                    tion].




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                                                  18136                   Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Rules and Regulations

                                                                                     EPA-APPROVED IOWA SOURCE-SPECIFIC ORDERS/PERMITS—Continued
                                                                                                                          State
                                                        Name of source                     Order/Permit No.              effective                        EPA Approval date                   Explanation
                                                                                                                           date

                                                           *                          *                   *                              *                        *                   *               *
                                                  (103) Union Tank      Car          Permit   NO. 00–A–1089–                  9/2/14         4/3/15 and   [Insert Federal Register cita-
                                                    Company.                            S3.                                                    tion].
                                                  (104) Union Tank      Car          Permit   NO. 00–A–1090–                  9/2/14         4/3/15 and   [Insert Federal Register cita-
                                                    Company.                            S3.                                                    tion].
                                                  (105) Union Tank      Car          Permit   NO. 00–A–1091–                  9/2/14         4/3/15 and   [Insert Federal Register cita-
                                                    Company.                            S3.                                                    tion].
                                                  (106) Union Tank      Car          Permit   NO. 10–A–043–S3                 9/2/14         4/3/15 and   [Insert Federal Register cita-
                                                    Company.                                                                                   tion].
                                                  (107) Union Tank      Car          Permit NO. 09–A–009–S3                   9/2/14         4/3/15 and   [Insert Federal Register cita-
                                                    Company.                                                                                   tion].
                                                  (108) Union Tank      Car          Permit NO. 09–A–010–S3                   9/2/14         4/3/15 and   [Insert Federal Register cita-
                                                    Company.                                                                                   tion].

                                                             *                        *                       *                          *                       *                      *             *



                                                  *      *       *       *      *                           May 4, 2015. If EPA receives relevant                     identity or contact information unless
                                                  [FR Doc. 2015–07488 Filed 4–2–15; 8:45 am]                adverse comment, we will publish in                       you provide it in the body of your
                                                  BILLING CODE 6560–50–P                                    the Federal Register a timely                             comment. If you send an email
                                                                                                            withdrawal of the portions of this direct                 comment directly to EPA without going
                                                                                                            final rule on which adverse comment                       through www.regulations.gov your email
                                                  ENVIRONMENTAL PROTECTION                                  was received informing the public that                    address will be automatically captured
                                                  AGENCY                                                    those portions of the rule will not take                  and included as part of the comment
                                                                                                            effect.                                                   that is placed in the public docket and
                                                  40 CFR Part 80                                                                                                      made available on the Internet. If you
                                                                                                            ADDRESSES: Submit your comments,
                                                  [EPA–HQ–OAR–2015–0049; FRL–9924–71–                       identified by Docket ID No. EPA–HQ–                       submit an electronic comment, EPA
                                                  OAR]                                                      OAR–2015–0049, by one of the                              recommends that you include your
                                                                                                            following methods:                                        name and other contact information in
                                                  RIN 2060–AS48
                                                                                                               • www.regulations.gov: Follow the                      the body of your comment and with any
                                                  Regulation of Fuels and Fuel                              on-line instructions for submitting                       disk or CD–ROM you submit. If EPA
                                                  Additives: Cellulosic Waiver Credit                       comments.                                                 cannot read your comment due to
                                                  Price and Minor Amendments to                                • Email: a-and-r-docket@epa.gov.                       technical difficulties and cannot contact
                                                  Renewable Fuel Standard Regulations                          • Mail: Air and Radiation Docket and                   you for clarification, EPA may not be
                                                                                                            Information Center, Environmental                         able to consider your comment.
                                                  AGENCY: Environmental Protection                          Protection Agency, Mailcode: 28221T,                      Electronic files should avoid the use of
                                                  Agency (EPA).                                             1200 Pennsylvania Ave. NW.,                               special characters, any form of
                                                  ACTION: Direct final rule.                                Washington, DC 20460.                                     encryption, and be free of any defects or
                                                                                                               • Hand Delivery: EPA Docket Center,                    viruses. For additional information
                                                  SUMMARY:   The Environmental Protection                   EPA WJC West Building, Room 3334,                         about EPA’s public docket visit the EPA
                                                  Agency (EPA) is taking direct final                       1301 Constitution Ave. NW.,                               Docket Center homepage at http://
                                                  action to clarify our regulations related                 Washington, DC 20460. Such deliveries                     www.epa.gov/epahome/dockets.htm.
                                                  to the data sources used to establish the                 are only accepted during the Docket’s                     For additional instructions on
                                                  cellulosic waiver credit (CWC) price.                     normal hours of operation, and special                    submitting comments, go to Section I.B
                                                  We are also removing references to CWC                    arrangements should be made for                           of the SUPPLEMENTARY INFORMATION
                                                  prices from the renewable fuel standard                   deliveries of boxed information.                          section of this document.
                                                  regulations, and instead intend to post                      Instructions: Direct your comments to                    Docket: All documents in the docket
                                                  the prices on EPA’s Web site. The direct                  Docket ID No. EPA–HQ–OAR–2015–                            are listed in the www.regulations.gov
                                                  final rule also indicates what the CWC                    0049. EPA’s policy is that all comments                   index. Although listed in the index,
                                                  prices for 2014 and 2015 would be using                   received will be included in the public                   some information is not publicly
                                                  the data sources and methodology                          docket without change and may be                          available, e.g., CBI or other information
                                                  contained in the rule; however these                      made available online at                                  whose disclosure is restricted by statute.
                                                  prices will not be established until they                 www.regulations.gov, including any                        Certain other material, such as
                                                  are posted on our Web site following the                  personal information provided, unless                     copyrighted material, will be publicly
                                                  effective date of the rule. In addition, we               the comment includes information                          available only in hard copy. Publicly
                                                  are making minor amendments to the                        claimed to be Confidential Business                       available docket materials are available
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  renewable fuel standard program                           Information (CBI) or other information                    either electronically in
                                                  regulations to reinsert sections                          whose disclosure is restricted by statute.                www.regulations.gov or in hard copy at
                                                  inadvertently overwritten by the Quality                  Do not submit information that you                        the Air and Radiation Docket and
                                                  Assurance Program final rule published                    consider to be CBI or otherwise                           Information Center, EPA/DC, EPA WJC
                                                  on July 18, 2014.                                         protected through www.regulations.gov                     West, Room 3334, 1301 Constitution
                                                  DATES: This rule is effective on June 2,                  or email. The www.regulations.gov Web                     Ave. NW., Washington, DC. The Public
                                                  2015 without further notice, unless EPA                   site is an ‘‘anonymous access’’ system,                   Reading Room is open from 8:30 a.m. to
                                                  receives relevant adverse comment by                      which means EPA will not know your                        4:30 p.m., Monday through Friday,


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Document Created: 2015-12-18 15:29:22
Document Modified: 2015-12-18 15:29:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis direct final rule will be effective June 2, 2015, without further notice, unless EPA receives adverse comment by May 4, 2015. If EPA receives adverse comment, we will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.
ContactHeather 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]
FR Citation80 FR 18133 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements

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