83_FR_15596 83 FR 15526 - Air Plan Approval; Iowa; Amendment to the Administrative Consent Order, Grain Processing Corporation, Muscatine, Iowa; Proposal

83 FR 15526 - Air Plan Approval; Iowa; Amendment to the Administrative Consent Order, Grain Processing Corporation, Muscatine, Iowa; Proposal

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 70 (April 11, 2018)

Page Range15526-15528
FR Document2018-07218

The Environmental Protection Agency (EPA) is proposing to approve revisions to the State Implementation Plan (SIP) for the State of Iowa to incorporate an amendment to the Administrative Consent Order (ACO) for Grain Processing Corporation (GPC), Muscatine, Iowa. The revision amends the ACO to change the date for completion of performance testing from May 31, 2017, to May 31, 2018, to allow the state more time to complete the remaining air construction permit applications submitted by GPC, and to specify testing requirements as appropriate in the final permits. When the state submitted the request to amend the ACO, twelve of the 107 permits were incomplete. At this time, only two permits have not been issued by the State. The air quality in Muscatine, Iowa, has not been adversely impacted by the remaining pending permit approvals. This revision will not impact the schedule for installation and operation of control equipment, will not alter any other compliance dates, and will not adversely affect air quality in Muscatine, Iowa, as explained in the revised Technical Support Document that is part of this docket. This proposal will also address adverse comments submitted to the docket.

Federal Register, Volume 83 Issue 70 (Wednesday, April 11, 2018)
[Federal Register Volume 83, Number 70 (Wednesday, April 11, 2018)]
[Proposed Rules]
[Pages 15526-15528]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07218]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2017-0143; FRL-9976-50-Region 7]


Air Plan Approval; Iowa; Amendment to the Administrative Consent 
Order, Grain Processing Corporation, Muscatine, Iowa; Proposal

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the State Implementation Plan (SIP) for the State 
of Iowa to incorporate an amendment to the Administrative Consent Order 
(ACO) for Grain Processing Corporation (GPC), Muscatine, Iowa. The 
revision amends the ACO to change the date for completion of 
performance testing from May 31, 2017, to May 31, 2018, to allow the 
state more time to complete the remaining air construction permit 
applications submitted by GPC, and to specify testing requirements as 
appropriate in the final permits. When the state submitted the request 
to amend the ACO, twelve of the 107 permits were incomplete. At this 
time, only two permits have not been issued by the State. The air 
quality in Muscatine, Iowa, has not been adversely impacted by the 
remaining pending permit approvals. This revision will not impact the 
schedule for installation and operation of control equipment, will not 
alter any other compliance dates, and will not adversely affect air 
quality in Muscatine, Iowa, as explained in the revised Technical 
Support Document that is part of this docket.
    This proposal will also address adverse comments submitted to the 
docket.

DATES: Comments must be received on or before May 11, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2017-0143 to https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e. on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Heather Hamilton, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219 at (913) 551-7039, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to EPA. This section provides additional information by 
addressing the following:

I. Background
II. What is being addressed in this document?
III. Have the requirements for approval of a SIP revision been met?
IV. EPA's Response to Comment
V. What action is EPA taking?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews

I. Background

    On August 25, 2017, EPA proposed to approve a revision to the Iowa 
State Implementation Plan (SIP) which amended the Administrative 
Consent Order (ACO) for Grain Processing Corporation (GPC), Muscatine, 
Iowa. The revision amended the ACO to change the date for completion of 
performance testing from May 31, 2017, to May 31, 2018, to allow the 
state more time to complete processing the remaining air construction 
permit applications submitted by GPC, and to specify testing 
requirements as appropriate in the remaining final permits. See 82 FR 
40519. In

[[Page 15527]]

conjunction with the August 25, 2017 notice of proposed rulemaking 
(NPR), EPA issued a direct final rule (DFR) approving the amended ACO. 
See 82 FR 40491. In the DFR, EPA stated that if adverse comments were 
submitted to EPA by September 25, 2017, the action would be withdrawn 
and not take effect. EPA received an adverse comment prior to the close 
of the comment period. EPA withdrew the DFR on October 12, 2017. See 82 
FR 47396.
    This proposal will also address adverse comments submitted to the 
docket.

II. What is being addressed in this document?

    This proposed revision to the Iowa State Implementation Plan (SIP) 
will incorporate an amendment to the Administrative Consent Order (ACO) 
with Grain Processing Corporation (GPC), Muscatine, Iowa. The revision 
changes the date for completion of performance testing from May 31, 
2017, to May 31, 2018, to allow the state more time to complete 
processing the remaining air construction permit applications submitted 
by GPC, and to specify testing requirements as appropriate in the 
remaining final permits. This amendment will not impact the schedule 
for installation and operation of control equipment, will not alter any 
other compliance dates, and will not adversely affect air quality in 
the Muscatine, Iowa, area as explained in the Technical Support 
Document that is part of this docket.
    This proposal will also address adverse comments submitted to the 
docket.

III. Have the requirements for approval of a SIP revision been met?

    The state submission has met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. The state instituted a 
30-day comment period; no comments were received. The submission also 
satisfied the completeness criteria of 40 CFR part 51, appendix V. In 
addition, as explained above and in more detail in the revised 
Technical Support Document which is part of this docket, the revision 
meets the substantive SIP requirements of the Clean Air Act (CAA), 
including section 110 and implementing regulations.

IV. EPA's Response to Comment

    The public comment period for EPA's proposed rule opened August 25, 
2017, the date of its publication in the Federal Register, and closed 
on September 25, 2017. During this period, EPA received an adverse 
comment. The adverse comment and EPA's response is as follows:
    Comment 1: The commenter first stated that the TSD was not 
available in the docket. The TSD was not available in the docket when 
the proposal and direct final notices were published on Friday, August 
25, 2017.
    Response 1: The TSD was made publicly available on Monday, August 
28, 2017 which was one business day. EPA did not grant an extended 
comment period as suggested by the commenter. When the TSD was 
available in the docket, no additional comments were received through 
the end of the comment period (September 25, 2017). However, because 
the TSD was not publicly available on the date the notice was 
published, this proposal allows for additional comment.
    Comment 2: The commenter stated that granting an extension for GPC 
to perform testing may cause a violation of emission limits, which 
could cause a delay in issuing permits, and therefore cause additional 
air pollution that would have an adverse impact on air quality in 
Muscatine, Iowa.
    Response 2: The amendment to the ACO which provides a one-year 
extension on performance tests, only affects two of the total of 107 
required permits. The remaining 105 permits have already been issued by 
the State. This ACO revision does not delay or allow an extension of 
the requirements for implementation of the control measures required by 
the ACO. GPC is still required to conduct the performance testing; the 
deadline is merely adjusted for the two outstanding permits. The 
permits that have been finalized, including the permit that allowed the 
facility to convert from burning coal to natural gas, have resulted in 
improved air quality in Muscatine, Iowa. There have been no exceedances 
of the 2006 24-hour NAAQS for fine particulate matter with a diameter 
of PM2.5 since July 2015, before the natural gas conversion.
    The complete and quality assured ambient air quality monitoring 
data for the area shows that the area has, and continues to attain the 
NAAQS. Background information with regard to air quality in Muscatine, 
Iowa, as well as design values of air monitors are included in the 
revised TSD, included in this docket.

V. What action is EPA taking?

    EPA is proposing to approve a SIP revision submitted by the State 
of Iowa to incorporate an amendment to the Administrative Consent Order 
(ACO) with Grain Processing Corporation (GPC), Muscatine, Iowa. EPA is 
also responding to comments received in the docket, and by responding 
to comments provides additional information with regard to the 
remaining permits to be finalized by the State of Iowa. A revised TSD 
is included as part of this docket to support the revision to the ACO.
    We are processing this as a proposed action because we are 
soliciting comments. Final rulemaking will occur after consideration of 
any comments.

VI. Incorporation by Reference

    In this action, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference Iowa's EPA-approved State source-specific permits described 
in the direct final amendments to 40 CFR part 52 set forth below. EPA 
has made, and will continue to make, these materials generally 
available through https://www.regulations.gov and at the EPA Region 7 
Office (please contact the person identified in the For Further 
Information Contact section of this preamble for more information).
    Therefore, these materials have been approved by EPA for inclusion 
in the State Implementation Plan, have been incorporated by reference 
by EPA into that plan, are fully Federally enforceable under sections 
110 and 113 of the CAA as of the effective date of the final rulemaking 
of EPA's approval, and will be incorporated by reference by the 
Director of the Federal Register in the next update to the SIP 
compilation.\1\
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

VII. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions

[[Page 15528]]

of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications and will not impose substantial direct 
costs on tribal governments or preempt tribal law as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 11, 2018. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Particulate matter, Reporting and recordkeeping 
requirements.

    Dated: March 27, 2018.
Karen A. Flournoy,
Acting Regional Administrator, Region 7.
    For the reasons stated in the preamble, EPA proposes to amend 40 
CFR part 52 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart Q--Iowa

0
2. Section 52.820 paragraph(d) is amended by revising the entry ``(29) 
Grain Processing Corporation'' to read as follows:


Sec.  52.820  Identification of plan.

* * * * *
    (d)* * *

                                EPA-Approved Iowa Source-Specific Orders/Permits
----------------------------------------------------------------------------------------------------------------
                                                        State
        Name of source           Order/Permit No.  effective date     EPA approval date         Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(29) Grain Processing           Administrative            1-16-17  12/1/14, 79 FR 71025;   The last sentence of
 Corporation.                    Consent Order                      amendment approved      Paragraph 5, Section
                                 No. 2014-AQ-A1.                    [date of final          III and Section VI
                                                                    publication in the      are not approved by
                                                                    Federal Register],      EPA as part of the
                                                                    [final Federal          SIP.
                                                                    Register citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2018-07218 Filed 4-10-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                  15526                   Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Proposed Rules

                                                  Regulation Identification Number                            Issued on: April 6, 2018.                                    Authority: 23 U.S.C. 127 and 315; 49
                                                                                                            Brandye L. Hendrickson,                                      U.S.C. 31111, 31112, and 31114; sec. 347,
                                                    A regulation identification number
                                                                                                                                                                         Pub. L. 108–7, 117 Stat. 419; sec. 756, Pub.
                                                  (RIN) is assigned to each regulatory                      Acting Administrator, Federal Highway
                                                                                                            Administration.                                              L. 109–59, 119 Stat. 1219; sec. 115, Pub. L.
                                                  action listed in the Unified Agenda of
                                                                                                                                                                         109–115, 119 Stat. 2408; 49 CFR 1.48(b)(19)
                                                  Federal Regulations. The Regulatory
                                                                                                              In consideration of the foregoing, the                     and (c)(19).
                                                  Information Service Center publishes
                                                  the Unified Agenda in April and                           FHWA proposes to amend 23 CFR part
                                                                                                            658, as set forth below:                                     ■ 2. Amend Appendix A to Part 658 by
                                                  October of each year. The RIN contained                                                                                adding an entry to the New York portion
                                                  in the heading of this document can be                                                                                 of the table:
                                                  used to cross reference this action with                  PART 658—TRUCK SIZE AND WEIGHT,
                                                  the Unified Agenda.                                       ROUTE DESIGNATIONS—LENGTH,                                   Appendix A to Part 658—National
                                                                                                            WIDTH AND WEIGHT LIMITATIONS                                 Network—Federally—Designated
                                                  List of Subjects in 23 CFR Part 658
                                                                                                                                                                         Routes
                                                    Grants Program—transportation,                          ■ 1. The authority citation for part 658
                                                  Highways and roads, Motor carriers.                       continues to read as follows:                                *       *    *       *        *

                                                                         Route                                                        From                                                        To

                                                                                                                                   New York


                                                           *                  *                               *                  *                            *                       *                     *
                                                  Sheridan Boulevard (NY 895) ...........................   I–278 Bruckner Expressway .............................     I–95 Cross Bronx Expressway.

                                                             *                       *                          *                          *                       *                      *                 *



                                                  [FR Doc. 2018–07480 Filed 4–10–18; 8:45 am]               by the remaining pending permit                              submissions, and general guidance on
                                                  BILLING CODE 4910–22–P                                    approvals. This revision will not impact                     making effective comments, please visit
                                                                                                            the schedule for installation and                            https://www2.epa.gov/dockets/
                                                                                                            operation of control equipment, will not                     commenting-epa-dockets.
                                                  ENVIRONMENTAL PROTECTION                                  alter any other compliance dates, and                        FOR FURTHER INFORMATION CONTACT:
                                                  AGENCY                                                    will not adversely affect air quality in                     Heather Hamilton, Environmental
                                                                                                            Muscatine, Iowa, as explained in the                         Protection Agency, Air Planning and
                                                  40 CFR Part 52                                            revised Technical Support Document                           Development Branch, 11201 Renner
                                                                                                            that is part of this docket.                                 Boulevard, Lenexa, Kansas 66219 at
                                                  [EPA–R07–OAR–2017–0143; FRL–9976–50–
                                                  Region 7]
                                                                                                               This proposal will also address                           (913) 551–7039, or by email at
                                                                                                            adverse comments submitted to the                            hamilton.heather@epa.gov.
                                                  Air Plan Approval; Iowa; Amendment                        docket.                                                      SUPPLEMENTARY INFORMATION:
                                                  to the Administrative Consent Order,                      DATES:  Comments must be received on                         Throughout this document ‘‘we,’’ ‘‘us,’’
                                                  Grain Processing Corporation,                             or before May 11, 2018.                                      and ‘‘our’’ refer to EPA. This section
                                                  Muscatine, Iowa; Proposal                                                                                              provides additional information by
                                                                                                            ADDRESSES: Submit your comments,
                                                                                                                                                                         addressing the following:
                                                  AGENCY:  Environmental Protection                         identified by Docket ID No. EPA–R07–
                                                  Agency (EPA).                                             OAR–2017–0143 to https://                                    I. Background
                                                                                                            www.regulations.gov. Follow the online                       II. What is being addressed in this document?
                                                  ACTION: Proposed rule.                                                                                                 III. Have the requirements for approval of a
                                                                                                            instructions for submitting comments.
                                                                                                                                                                               SIP revision been met?
                                                  SUMMARY:   The Environmental Protection                   Once submitted, comments cannot be                           IV. EPA’s Response to Comment
                                                  Agency (EPA) is proposing to approve                      edited or removed from Regulations.gov.                      V. What action is EPA taking?
                                                  revisions to the State Implementation                     The EPA may publish any comment                              VI. Incorporation by Reference
                                                  Plan (SIP) for the State of Iowa to                       received to its public docket. Do not                        VII. Statutory and Executive Order Reviews
                                                  incorporate an amendment to the                           submit electronically any information
                                                  Administrative Consent Order (ACO) for                    you consider to be Confidential                              I. Background
                                                  Grain Processing Corporation (GPC),                       Business Information (CBI) or other                            On August 25, 2017, EPA proposed to
                                                  Muscatine, Iowa. The revision amends                      information whose disclosure is                              approve a revision to the Iowa State
                                                  the ACO to change the date for                            restricted by statute. Multimedia                            Implementation Plan (SIP) which
                                                  completion of performance testing from                    submissions (audio, video, etc.) must be                     amended the Administrative Consent
                                                  May 31, 2017, to May 31, 2018, to allow                   accompanied by a written comment.                            Order (ACO) for Grain Processing
                                                  the state more time to complete the                       The written comment is considered the                        Corporation (GPC), Muscatine, Iowa.
                                                  remaining air construction permit                         official comment and should include                          The revision amended the ACO to
                                                  applications submitted by GPC, and to                     discussion of all points you wish to                         change the date for completion of
nshattuck on DSK9F9SC42PROD with PROPOSALS




                                                  specify testing requirements as                           make. The EPA will generally not                             performance testing from May 31, 2017,
                                                  appropriate in the final permits. When                    consider comments or comment                                 to May 31, 2018, to allow the state more
                                                  the state submitted the request to amend                  contents located outside of the primary                      time to complete processing the
                                                  the ACO, twelve of the 107 permits were                   submission (i.e. on the web, cloud, or                       remaining air construction permit
                                                  incomplete. At this time, only two                        other file sharing system). For                              applications submitted by GPC, and to
                                                  permits have not been issued by the                       additional submission methods, the full                      specify testing requirements as
                                                  State. The air quality in Muscatine,                      EPA public comment policy,                                   appropriate in the remaining final
                                                  Iowa, has not been adversely impacted                     information about CBI or multimedia                          permits. See 82 FR 40519. In


                                             VerDate Sep<11>2014   14:52 Apr 10, 2018    Jkt 244001   PO 00000      Frm 00013   Fmt 4702       Sfmt 4702   E:\FR\FM\11APP1.SGM   11APP1


                                                                         Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Proposed Rules                                            15527

                                                  conjunction with the August 25, 2017                    comment and EPA’s response is as                       responding to comments received in the
                                                  notice of proposed rulemaking (NPR),                    follows:                                               docket, and by responding to comments
                                                  EPA issued a direct final rule (DFR)                       Comment 1: The commenter first                      provides additional information with
                                                  approving the amended ACO. See 82 FR                    stated that the TSD was not available in               regard to the remaining permits to be
                                                  40491. In the DFR, EPA stated that if                   the docket. The TSD was not available                  finalized by the State of Iowa. A revised
                                                  adverse comments were submitted to                      in the docket when the proposal and                    TSD is included as part of this docket
                                                  EPA by September 25, 2017, the action                   direct final notices were published on                 to support the revision to the ACO.
                                                  would be withdrawn and not take effect.                 Friday, August 25, 2017.                                  We are processing this as a proposed
                                                  EPA received an adverse comment prior                      Response 1: The TSD was made                        action because we are soliciting
                                                  to the close of the comment period. EPA                 publicly available on Monday, August                   comments. Final rulemaking will occur
                                                  withdrew the DFR on October 12, 2017.                   28, 2017 which was one business day.                   after consideration of any comments.
                                                  See 82 FR 47396.                                        EPA did not grant an extended comment
                                                    This proposal will also address                       period as suggested by the commenter.                  VI. Incorporation by Reference
                                                  adverse comments submitted to the                       When the TSD was available in the                         In this action, EPA is proposing to
                                                  docket.                                                 docket, no additional comments were                    include in a final EPA rule regulatory
                                                                                                          received through the end of the                        text that includes incorporation by
                                                  II. What is being addressed in this                     comment period (September 25, 2017).
                                                  document?                                                                                                      reference. In accordance with
                                                                                                          However, because the TSD was not                       requirements of 1 CFR 51.5, EPA is
                                                     This proposed revision to the Iowa                   publicly available on the date the notice              proposing to incorporate by reference
                                                  State Implementation Plan (SIP) will                    was published, this proposal allows for                Iowa’s EPA-approved State source-
                                                  incorporate an amendment to the                         additional comment.                                    specific permits described in the direct
                                                  Administrative Consent Order (ACO)                         Comment 2: The commenter stated                     final amendments to 40 CFR part 52 set
                                                  with Grain Processing Corporation                       that granting an extension for GPC to                  forth below. EPA has made, and will
                                                  (GPC), Muscatine, Iowa. The revision                    perform testing may cause a violation of               continue to make, these materials
                                                  changes the date for completion of                      emission limits, which could cause a                   generally available through https://
                                                  performance testing from May 31, 2017,                  delay in issuing permits, and therefore                www.regulations.gov and at the EPA
                                                  to May 31, 2018, to allow the state more                cause additional air pollution that                    Region 7 Office (please contact the
                                                  time to complete processing the                         would have an adverse impact on air                    person identified in the FOR FURTHER
                                                  remaining air construction permit                       quality in Muscatine, Iowa.                            INFORMATION CONTACT section of this
                                                  applications submitted by GPC, and to                      Response 2: The amendment to the
                                                                                                                                                                 preamble for more information).
                                                  specify testing requirements as                         ACO which provides a one-year
                                                                                                          extension on performance tests, only                      Therefore, these materials have been
                                                  appropriate in the remaining final                                                                             approved by EPA for inclusion in the
                                                  permits. This amendment will not                        affects two of the total of 107 required
                                                                                                          permits. The remaining 105 permits                     State Implementation Plan, have been
                                                  impact the schedule for installation and                                                                       incorporated by reference by EPA into
                                                  operation of control equipment, will not                have already been issued by the State.
                                                                                                          This ACO revision does not delay or                    that plan, are fully Federally enforceable
                                                  alter any other compliance dates, and                                                                          under sections 110 and 113 of the CAA
                                                  will not adversely affect air quality in                allow an extension of the requirements
                                                                                                          for implementation of the control                      as of the effective date of the final
                                                  the Muscatine, Iowa, area as explained                                                                         rulemaking of EPA’s approval, and will
                                                  in the Technical Support Document that                  measures required by the ACO. GPC is
                                                                                                          still required to conduct the                          be incorporated by reference by the
                                                  is part of this docket.                                                                                        Director of the Federal Register in the
                                                     This proposal will also address                      performance testing; the deadline is
                                                                                                          merely adjusted for the two outstanding                next update to the SIP compilation.1
                                                  adverse comments submitted to the
                                                  docket.                                                 permits. The permits that have been                    VII. Statutory and Executive Order
                                                                                                          finalized, including the permit that                   Reviews
                                                  III. Have the requirements for approval                 allowed the facility to convert from
                                                  of a SIP revision been met?                                                                                      Under the CAA, the Administrator is
                                                                                                          burning coal to natural gas, have
                                                     The state submission has met the                                                                            required to approve a SIP submission
                                                                                                          resulted in improved air quality in
                                                  public notice requirements for SIP                                                                             that complies with the provisions of the
                                                                                                          Muscatine, Iowa. There have been no
                                                  submissions in accordance with 40 CFR                                                                          Act and applicable Federal regulations.
                                                                                                          exceedances of the 2006 24-hour
                                                  51.102. The state instituted a 30-day                                                                          42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                                                                          NAAQS for fine particulate matter with
                                                  comment period; no comments were                                                                               Thus, in reviewing SIP submissions,
                                                                                                          a diameter of PM2.5 since July 2015,
                                                  received. The submission also satisfied                                                                        EPA’s role is to approve state choices,
                                                                                                          before the natural gas conversion.
                                                  the completeness criteria of 40 CFR part                   The complete and quality assured                    provided that they meet the criteria of
                                                  51, appendix V. In addition, as                         ambient air quality monitoring data for                the CAA. Accordingly, this action
                                                  explained above and in more detail in                   the area shows that the area has, and                  merely approves state law as meeting
                                                  the revised Technical Support                           continues to attain the NAAQS.                         Federal requirements and does not
                                                  Document which is part of this docket,                  Background information with regard to                  impose additional requirements beyond
                                                  the revision meets the substantive SIP                  air quality in Muscatine, Iowa, as well                those imposed by state law. For that
                                                  requirements of the Clean Air Act                       as design values of air monitors are                   reason, this action:
                                                  (CAA), including section 110 and                        included in the revised TSD, included                    • Is not a significant regulatory action
                                                  implementing regulations.                               in this docket.                                        subject to review by the Office of
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                                                                                                                                                                 Management and Budget under
                                                  IV. EPA’s Response to Comment                           V. What action is EPA taking?                          Executive Orders 12866 (58 FR 51735,
                                                    The public comment period for EPA’s                     EPA is proposing to approve a SIP                    October 4, 1993) and 13563 (76 FR 3821,
                                                  proposed rule opened August 25, 2017,                   revision submitted by the State of Iowa                January 21, 2011);
                                                  the date of its publication in the Federal              to incorporate an amendment to the                       • Does not impose an information
                                                  Register, and closed on September 25,                   Administrative Consent Order (ACO)                     collection burden under the provisions
                                                  2017. During this period, EPA received                  with Grain Processing Corporation
                                                  an adverse comment. The adverse                         (GPC), Muscatine, Iowa. EPA is also                     1 62   FR 27968 (May 22, 1997).



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                                                  15528                      Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Proposed Rules

                                                  of the Paperwork Reduction Act (44                        other area where EPA or an Indian tribe                     extend the time within which a petition
                                                  U.S.C. 3501 et seq.);                                     has demonstrated that a tribe has                           for judicial review may be filed, and
                                                     • Is certified as not having a                         jurisdiction. In those areas of Indian                      shall not postpone the effectiveness of
                                                  significant economic impact on a                          country, the rule does not have tribal                      such rule or action. This action may not
                                                  substantial number of small entities                      implications and will not impose                            be challenged later in proceedings to
                                                  under the Regulatory Flexibility Act (5                   substantial direct costs on tribal                          enforce its requirements. (See section
                                                  U.S.C. 601 et seq.);                                      governments or preempt tribal law as                        307(b)(2)).
                                                     • Does not contain any unfunded                        specified by Executive Order 13175 (65
                                                                                                                                                                        List of Subjects in 40 CFR Part 52
                                                  mandate or significantly or uniquely                      FR 67249, November 9, 2000).
                                                  affect small governments, as described                       The Congressional Review Act, 5                            Environmental protection, Air
                                                  in the Unfunded Mandates Reform Act                       U.S.C. 801 et seq., as added by the Small                   pollution control, Incorporation by
                                                  of 1995 (Pub. L. 104–4);                                  Business Regulatory Enforcement                             reference, Particulate matter, Reporting
                                                     • Does not have Federalism                             Fairness Act of 1996, generally provides                    and recordkeeping requirements.
                                                  implications as specified in Executive                    that before a rule may take effect, the                       Dated: March 27, 2018.
                                                  Order 13132 (64 FR 43255, August 10,                      agency promulgating the rule must                           Karen A. Flournoy,
                                                  1999);                                                    submit a rule report, which includes a
                                                                                                                                                                        Acting Regional Administrator, Region 7.
                                                     • Is not an economically significant                   copy of the rule, to each House of the
                                                  regulatory action based on health or                      Congress and to the Comptroller General                       For the reasons stated in the
                                                  safety risks subject to Executive Order                   of the United States. EPA will submit a                     preamble, EPA proposes to amend 40
                                                  13045 (62 FR 19885, April 23, 1997);                      report containing this action and other                     CFR part 52 as set forth below:
                                                     • Is not a significant regulatory action               required information to the U.S. Senate,
                                                                                                                                                                        PART 52—APPROVAL AND
                                                  subject to Executive Order 13211 (66 FR                   the U.S. House of Representatives, and
                                                                                                                                                                        PROMULGATION OF
                                                  28355, May 22, 2001);                                     the Comptroller General of the United
                                                                                                                                                                        IMPLEMENTATION PLANS
                                                     • Is not subject to requirements of                    States prior to publication of the rule in
                                                  section 12(d) of the National                             the Federal Register. A major rule                          ■ 1. The authority citation for part 52
                                                  Technology Transfer and Advancement                       cannot take effect until 60 days after it                   continues to read as follows:
                                                  Act of 1995 (15 U.S.C. 272 note) because                  is published in the Federal Register.
                                                  application of those requirements would                   This action is not a ‘‘major rule’’ as                          Authority: 42 U.S.C. 7401 et seq.
                                                  be inconsistent with the CAA; and                         defined by 5 U.S.C. 804(2).                                 Subpart Q—Iowa
                                                     • Does not provide EPA with the                           Under section 307(b)(1) of the CAA,
                                                  discretionary authority to address, as                    petitions for judicial review of this                       ■ 2. Section 52.820 paragraph(d) is
                                                  appropriate, disproportionate human                       action must be filed in the United States                   amended by revising the entry ‘‘(29)
                                                  health or environmental effects, using                    Court of Appeals for the appropriate                        Grain Processing Corporation’’ to read
                                                  practicable and legally permissible                       circuit by June 11, 2018. Filing a                          as follows:
                                                  methods, under Executive Order 12898                      petition for reconsideration by the
                                                  (59 FR 7629, February 16, 1994).                          Administrator of this final rule does not                   § 52.820    Identification of plan.
                                                     The SIP is not approved to apply on                    affect the finality of this action for the                  *      *     *       *       *
                                                  any Indian reservation land or in any                     purposes of judicial review nor does it                         (d)* * *
                                                                                               EPA-APPROVED IOWA SOURCE-SPECIFIC ORDERS/PERMITS
                                                                                                         State effective
                                                      Name of source           Order/Permit No.                                               EPA approval date                                  Explanation
                                                                                                              date


                                                           *                         *                        *                        *                     *                            *                  *
                                                  (29) Grain Proc-            Administrative Con-             1–16–17         12/1/14, 79 FR 71025; amendment ap-               The last sentence of Paragraph 5, Sec-
                                                    essing Corpora-             sent Order No.                                  proved [date of final publication in the          tion III and Section VI are not ap-
                                                    tion.                       2014–AQ–A1.                                     Federal Register], [final Federal                 proved by EPA as part of the SIP.
                                                                                                                                Register citation].

                                                             *                        *                       *                           *                       *                      *                      *



                                                  *      *       *       *      *                           ENVIRONMENTAL PROTECTION                                    SUMMARY:   This document announces the
                                                  [FR Doc. 2018–07218 Filed 4–10–18; 8:45 am]               AGENCY                                                      Agency’s receipt of several initial filings
                                                  BILLING CODE 6560–50–P                                                                                                of pesticide petitions requesting the
                                                                                                            40 CFR Part 180                                             establishment or modification of
                                                                                                            [EPA–HQ–OPP–2017–0006; FRL–9975–57]                         regulations for residues of pesticide
                                                                                                                                                                        chemicals in or on various commodities.
                                                                                                            Receipt of Several Pesticide Petitions
                                                                                                                                                                        DATES: Comments must be received on
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                                                                                                            Filed for Residues of Pesticide
                                                                                                            Chemicals in or on Various                                  or before May 11, 2018.
                                                                                                            Commodities                                                 ADDRESSES:   Submit your comments,
                                                                                                            AGENCY:  Environmental Protection                           identified by docket identification (ID)
                                                                                                            Agency (EPA).                                               number and the pesticide petition
                                                                                                                                                                        number (PP) of interest as shown in the
                                                                                                            ACTION: Notice of filing of petitions and
                                                                                                                                                                        body of this document, by one of the
                                                                                                            request for comment.
                                                                                                                                                                        following methods:


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Document Created: 2018-04-10 23:59:08
Document Modified: 2018-04-10 23:59:08
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before May 11, 2018.
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 Citation83 FR 15526 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Particulate Matter and Reporting and Recordkeeping Requirements

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