82 FR 40491 - Air Plan Approval; Iowa; Amendment to the Administrative Consent Order, Grain Processing Corporation, Muscatine, Iowa
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 164 (August 25, 2017)
Federal Register Volume 82, Issue 164 (August 25, 2017)
| Page Range | 40491-40493 | |
| FR Document | 2017-17417 |
[Federal Register Volume 82, Number 164 (Friday, August 25, 2017)] [Rules and Regulations] [Pages 40491-40493] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-17417] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2017-0143; FRL-9966-59-Region 7] Air Plan Approval; Iowa; Amendment to the Administrative Consent Order, Grain Processing Corporation, Muscatine, Iowa AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct 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 direct final rule will be effective October 24, 2017, without further notice, unless EPA receives adverse comment by September 25, 2017. 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-2017-0143, to http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Heather Hamilton, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at 913-551-7039, or by email at [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and ``our'' refer to EPA. This section provides additional information by addressing the following: I. 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? IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. What is being addressed in this document? This direct 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 schedule for installation and operation of control equipment, will not alter any other compliance dates, and [[Page 40492]] will not adversely affect air quality in the Muscatine, Iowa, area. The state held a 30-day comment period, during which no comments were received. Additional information with respect to this rule is included in the Technical Support Document that is part of this docket. 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 state instituted a 30-day comment period; no comments were received. The submission also satisfied the completeness criteria of 40 CFR part 51, appendix V. In addition, as explained above and in more detail in the Technical Support Document which is part of this docket, the revision meets the substantive SIP requirements of the Clean Air Act (CAA), including section 110 and implementing regulations. III. What action is EPA taking? This direct 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. Additional information with respect to this rule is included in the Technical Support Document that is part of this docket. We are publishing this direct final rule without a prior proposed rule because we view this as a noncontroversial action and anticipate no adverse comment. However, in the ``Proposed Rules'' section of this Federal Register, we are publishing a separate document that will serve as the proposed rule to approve this 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. IV. 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/or at the EPA Region 7 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). Therefore, these materials have been approved by EPA for inclusion in the State Implementation Plan, have been incorporated by reference by EPA into that plan, are fully Federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.\1\ --------------------------------------------------------------------------- \1\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Does not impose an information collection burden under the provisions 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 October 24, 2017. 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 [[Page 40493]] reference, Particulate matter, Reporting and recordkeeping requirements. Dated: August 9, 2017. Edward H. Chu, 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, the table in paragraph (d) is amended by revising the entry ``(29) Grain Processing Corporation'' to read as follows: Sec. 52.820 Identification of plan. * * * * * (d) * * * EPA-Approved Iowa Source-Specific Orders/Permits ---------------------------------------------------------------------------------------------------------------- State Name of source Order/Permit No. effective date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * (29) Grain Processing Corporation Administrative 1-16-17 12/1/14, 79 FR The last sentence Consent Order No. 71025; amendment of Paragraph 5, 2014-AQ-A1. approved 8-25-17, Section III and [insert Federal Section VI are not Register citation]. approved by EPA as part of the SIP. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2017-17417 Filed 8-24-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 164 / Friday, August 25, 2017 / Rules and Regulations 40491
Consideration (REC) supporting this radio VHF–FM channel 16 (156.8 MHz). www.regulations.gov. Follow the online
determination is available in the docket All persons and vessels in the safety instructions for submitting comments.
where indicated in the ADDRESSES zone must comply with all lawful orders Once submitted, comments cannot be
section of this preamble. or directions given to them by the COTP edited or removed from Regulations.gov.
or the COTP’s designated representative. EPA may publish any comment received
G. Protest Activities (d) Enforcement period. This section to its public docket. Do not submit
The Coast Guard respects the First will be enforced August 26, 2017, from electronically any information you
Amendment rights of protesters. 9 p.m. to 11:59 p.m. consider to be Confidential Business
Protesters are asked to contact the Dated: August 21, 2017. Information (CBI) or other information
person listed in the FOR FURTHER whose disclosure is restricted by statute.
Scott E. Anderson,
INFORMATION CONTACT section to Multimedia submissions (audio, video,
Captain, U.S. Coast Guard, Captain of the
coordinate protest activities so that your etc.) must be accompanied by a written
Port Delaware Bay.
message can be received without comment. The written comment is
[FR Doc. 2017–18031 Filed 8–24–17; 8:45 am]
jeopardizing the safety or security of considered the official comment and
BILLING CODE 9110–04–P
people, places or vessels. should include discussion of all points
List of Subjects in 33 CFR Part 165 you wish to make. EPA will generally
not consider comments or comment
Harbors, Marine safety, Navigation ENVIRONMENTAL PROTECTION contents located outside of the primary
(water), Reporting and recordkeeping AGENCY submission (i.e. on the web, cloud, or
requirements, Security measures, other file sharing system). For
Waterways. 40 CFR Part 52
additional submission methods, the full
For the reasons discussed in the [EPA–R07–OAR–2017–0143; FRL–9966–59– EPA public comment policy,
preamble, the Coast Guard amends 33 Region 7] information about CBI or multimedia
CFR part 165 as follows: submissions, and general guidance on
Air Plan Approval; Iowa; Amendment making effective comments, please visit
PART 165—REGULATED NAVIGATION to the Administrative Consent Order, http://www2.epa.gov/dockets/
AREAS AND LIMITED ACCESS AREAS Grain Processing Corporation, commenting-epa-dockets.
Muscatine, Iowa
■ 1. The authority citation for part 165 FOR FURTHER INFORMATION CONTACT:
continues to read as follows: AGENCY: Environmental Protection Heather Hamilton, Environmental
Agency (EPA). Protection Agency, Air Planning and
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; ACTION: Direct final rule. Development Branch, 11201 Renner
Department of Homeland Security Delegation Boulevard, Lenexa, Kansas 66219 at
SUMMARY: The Environmental Protection
No. 0170.1. 913–551–7039, or by email at
Agency (EPA) is taking direct final
■ 2. Add § 165.T05–0627 to read as hamilton.heather@epa.gov.
action to approve a revision to the State
follows: Implementation Plan (SIP) submitted by SUPPLEMENTARY INFORMATION:
the State of Iowa for the purpose of Throughout this document ‘‘we,’’ ‘‘us,’’
§ 165.T05–0627 Safety Zone; Atlantic
Ocean, Ocean City, NJ. incorporating an amendment to the and ‘‘our’’ refer to EPA. This section
Administrative Consent Order (ACO) for provides additional information by
(a) Definitions. As used in this
Grain Processing Corporation (GPC), addressing the following:
section, designated representative
Muscatine, Iowa. The revision amends I. What is being addressed in this document?
means a Coast Guard Patrol
the ACO to change the date for II. Have the requirements for approval of a
Commander, including a Coast Guard
completion of performance testing to SIP revision been met?
petty officer, warrant or commissioned
allow the state more time to complete III. What action is EPA taking?
officer on board a Coast Guard vessel IV. Incorporation by Reference
processing air construction permit
and or on board another Federal, State, V. Statutory and Executive Order Reviews
applications submitted by GPC and
or local law enforcement vessel assisting
specify testing requirements as
the Captain of the Port, Delaware Bay I. What is being addressed in this
appropriate in the final permits. This
with enforcement of the safety zone. document?
(b) Location. The following area is a revision will not impact the schedule
safety zone: All waters of the North for installation and operation of control This direct final action approves a
Atlantic Ocean within a 600 yard radius equipment, will not alter any other revision to the Iowa State
of the fireworks barge in approximate compliance dates, and will not Implementation Plan (SIP) submitted by
location latitude 39°16′22″ N., longitude adversely affect air quality in the State of Iowa for the purpose of
074°33′54″ W., in the vicinity of the Muscatine, Iowa. The state held a 30- incorporating an amendment to the
shoreline at Ocean City, NJ. day comment period, during which no Administrative Consent Order (ACO)
(c) Regulations. (1) The general safety comments were received. with Grain Processing Corporation
zone regulations found in § 165.23 DATES: This direct final rule will be (GPC), Muscatine, Iowa. The revision
apply to the safety zone created by this effective October 24, 2017, without changes the date for completion of
temporary section. further notice, unless EPA receives performance testing from May 31, 2017,
(2) Under the general safety zone adverse comment by September 25, to May 31, 2018, and will allow the state
regulations in § 165.23, persons may not 2017. If EPA receives adverse comment, more time to complete processing air
pmangrum on DSK3GDR082PROD with RULES
enter the safety zone described in we will publish a timely withdrawal of construction permit applications
paragraph (b) of this section unless the direct final rule in the Federal submitted by GPC and specify testing
authorized by the COTP or the COTP’s Register informing the public that the requirements as appropriate in the final
designated representative. rule will not take effect. permits. This amendment will not
(3) To request permission to enter the ADDRESSES: Submit your comments, impact the schedule for installation and
safety zone, contact the COTP or the identified by Docket ID No. EPA–R07– operation of control equipment, will not
COTP’s representative on marine band OAR–2017–0143, to http:// alter any other compliance dates, and
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![Federal Register / Vol. 82, No. 164 / Friday, August 25, 2017 / Rules and Regulations 40493
reference, Particulate matter, Reporting PART 52—APPROVAL AND Subpart Q—Iowa
and recordkeeping requirements. PROMULGATION OF
IMPLEMENTATION PLANS ■ 2. In § 52.820, the table in paragraph
Dated: August 9, 2017.
(d) is amended by revising the entry
Edward H. Chu, ‘‘(29) Grain Processing Corporation’’ to
■ 1. The authority citation for part 52
Acting Regional Administrator, Region 7. read as follows:
continues to read as follows:
For the reasons stated in the Authority: 42 U.S.C. 7401 et seq. § 52.820 Identification of plan.
preamble, EPA amends 40 CFR part 52 * * * * *
as set forth below: (d) * * *
EPA-APPROVED IOWA SOURCE-SPECIFIC ORDERS/PERMITS
State effective
Name of source Order/Permit No. EPA approval date Explanation
date
* * * * * * *
(29) Grain Processing Cor- Administrative Consent Order 1–16–17 12/1/14, 79 FR 71025; The last sentence of Para-
poration. No. 2014–AQ–A1. amendment approved 8– graph 5, Section III and
25–17, [insert Federal Section VI are not ap-
Register citation]. proved by EPA as part of
the SIP.
* * * * * * *
* * * * * FOR FURTHER INFORMATION CONTACT: Clay a software update would be unduly
[FR Doc. 2017–17417 Filed 8–24–17; 8:45 am] DeCell, 202–418–0803, Clay.DeCell@ burdensome to operators, many of
BILLING CODE 6560–50–P fcc.gov. which are small businesses. And
SUPPLEMENTARY INFORMATION: This is a importantly, we note that no satellite
summary of the Commission’s operators, the direct beneficiaries of the
Memorandum Opinion and Order, FCC DVB–CID requirement, opposed further
FEDERAL COMMUNICATIONS 17–100, adopted July 28, 2017, and relief.
COMMISSION released August 1, 2017. The full text of Based on the record, we conclude it
this document is available at https:// will serve the public interest to waive
47 CFR Part 25 47 CFR 25.281(b) for earth stations using
apps.fcc.gov/edocs_public/attachmatch/
FCC-17-100A1.pdf. It is also available modulators manufactured before August
[IB Docket No. 12–267; FCC 17–100] for inspection and copying during 1, 2017, that cannot be made compliant
business hours in the FCC Reference with the DVB–CID standard by a
Implementation of Transmitter software upgrade. This waiver will
Information Center, Portals II, 445 12th
Identification Requirements for Video allow use and resale of non-compliant
Street SW., Room CY–A257,
Uplink Transmissions modulators until the end of their useful
Washington, DC 20554. To request
AGENCY: Federal Communications materials in accessible formats for life, but requires earth stations using
Commission. people with disabilities, send an email newly manufactured modulators to be
to FCC504@fcc.gov or call the Consumer DVB–CID compliant. Other affected
ACTION: Final rule. earth stations must meet the DVB–CID
& Governmental Affairs Bureau at 202–
SUMMARY: The Federal Communications 418–0530 (voice), 202–418–0432 (TTY). standard by September 3, 2017. We
Commission (Commission) is issuing conclude this treatment best balances
Synopsis the costs and benefits of implementing
this final rule to is waive a transmitter
identification requirement for certain In the Part 25 Order, FCC 13–111, the DVB–CID in light of the significant cost
digital video transmissions that cannot Commission concluded that adoption of disparity presented in the record. We
be made compliant by a software the Digital Video Broadcasting–Carrier believe that the amount of equipment
upgrade and incorporate by reference a Identification (DVB–CID) standard for affected by this waiver will steadily
new version of an existing standard. digital video uplinks from temporary- decrease as such equipment reaches the
fixed earth stations was appropriate to end of its useful life. Should the
DATES: Effective September 25, 2017. address potential instances of harmful Commission find that the continued
The incorporation by reference of a interference, by making transmissions operation of non-compliant equipment
publication listed in the rule is more readily identifiable by satellite causes a pattern of complaints from
approved by the Director of the Federal operators. We continue to believe that satellite operators that they are having
Register as of September 25, 2017. an added cost of a few hundred dollars difficulty identifying the sources of any
ADDRESSES: FCC Reference Information per unit is justified to achieve this goal harmful interference, the Commission
Center, Portals II, 445 12th Street SW., for earth station equipment that can may revisit this waiver.
pmangrum on DSK3GDR082PROD with RULES
Room CY–A257, Washington, DC 20554 undergo a software upgrade. We also
for full text of ‘‘Memorandum Opinion agree with the overwhelming response Procedural Matters
and Order, FCC 17–100’’ (also at https:// from commenters in this proceeding on This document does not contain new
apps.fcc.gov/edocs_public/attachmatch/ the implementation of the DVB–CID or modified information collection
FCC-17-100A1.pdf) and inspection of standard, however, that the much more requirements subject to the Paperwork
material incorporated by reference. See significant expense of replacing older Reduction Act of 1995, Public Law 104–
SUPPLEMENTARY INFORMATION for details. equipment that cannot simply undergo 13. In addition, therefore, it does not
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Document Created: 2018-10-24 12:41:44
Document Modified: 2018-10-24 12:41:44
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This direct final rule will be effective October 24, 2017, without further notice, unless EPA receives adverse comment by September 25, 2017. 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. | |
| 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] | |
| FR Citation | 82 FR 40491 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Particulate Matter and Reporting and Recordkeeping Requirements |
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