83 FR 30348 - Air Plan Approval; Iowa; Amendment to the Administrative Consent Order, Grain Processing Corporation, Muscatine, Iowa; Final Rule

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 125 (June 28, 2018)

The Environmental Protection Agency (EPA) is taking final action to approve a revision to the State Implementation Plan (SIP) submitted by the State of Iowa for the purpose of incorporating an amendment to the Administrative Consent Order (ACO) for Grain Processing Corporation (GPC), Muscatine, Iowa. The revision amends the ACO to change the date for completion of performance testing to allow the state more time to complete processing air construction permit applications submitted by GPC and specify testing requirements as appropriate in the final permits. This revision will not impact the schedule for installation and operation of control equipment, will not alter any other compliance dates, and will not adversely affect air quality in Muscatine, Iowa. The state held a 30-day comment period, during which no comments were received.

[Federal Register Volume 83, Number 125 (Thursday, June 28, 2018)]
[Rules and Regulations]
[Pages 30348-30350]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13857]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2017-0143; FRL-9979-97--Region 7]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a revision to the State Implementation Plan (SIP) 
submitted by the State of Iowa for the purpose of incorporating an 
amendment to the Administrative Consent Order (ACO) for Grain 
Processing Corporation (GPC), Muscatine, Iowa. The revision amends the 
ACO to change the date for completion of performance testing to allow 
the state more time to complete processing air construction permit 
applications submitted by GPC and specify testing requirements as 
appropriate in the final permits. This revision will not impact the 
schedule for installation and operation of control equipment, will not 
alter any other compliance dates, and will not adversely affect air 
quality in Muscatine, Iowa. The state held a 30-day comment period, 
during which no comments were received.

DATES: This final rule is effective on July 30, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2017-0143. All documents in the docket are listed on 
the https://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available through https://www.regulations.gov or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional information.

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

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

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

I. Background

    On August 25, 2017, EPA proposed to approve a revision to the Iowa 
State Implementation Plan (SIP) which amended the Administrative 
Consent Order (ACO) for Grain Processing Corporation (GPC), Muscatine, 
Iowa. The revision amended the ACO to change the date for completion of 
performance testing from May 31, 2017, to May 31, 2018, to allow the 
state more time to complete processing the remaining air construction 
permit applications submitted by GPC, and to specify testing 
requirements as appropriate in the remaining final permits. See 82 FR 
40519. In conjunction with the August 25, 2017 notice of proposed 
rulemaking (NPR), EPA issued a direct final rule (DFR) approving the 
amended ACO. See 82 FR 40491. In the DFR, EPA stated that if adverse 
comments were submitted to EPA by September 25, 2017, the action would 
be withdrawn and not take effect. EPA received an adverse comment prior 
to the close of the comment period. EPA withdrew the DFR on October 12, 
2017. See 82 FR 47396.
    On April 11, 2018, EPA proposed to incorporate the amendment to the 
ACO for GPC. See 83 FR 15526. A revised Technical Support Document was 
included in the docket that addressed background information with 
regard to air quality in Muscatine, Iowa, as well as declining design 
values for the National Ambient Air Quality Standard for fine 
particulate matter with a diameter of 2.5 microns or smaller 
(PM2.5). The proposal also addressed EPA's response to the 
adverse comments. The comment period for the proposed action ended on 
May 11, 2018. Three comments were received that were not related to the 
scope of the proposed rulemaking and therefore, will not be addressed 
in this final rulemaking.

II. What is being addressed in this document?

    This final action approves a revision to the Iowa State 
Implementation Plan (SIP) submitted by the State of Iowa for the 
purpose of incorporating an amendment to the Administrative Consent 
Order (ACO) with Grain Processing Corporation (GPC), Muscatine, Iowa. 
The revision changes the date for completion of performance testing 
from May 31, 2017, to May 31, 2018, and will allow the state more time 
to complete processing air construction permit applications submitted 
by GPC and specify testing requirements as appropriate in the final 
permits. This amendment will not impact the

[[Page 30349]]

schedule for installation and operation of control equipment, will not 
alter any other compliance dates, and will not adversely affect air 
quality in the Muscatine, Iowa, area.

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

    The state met the public notice requirements for SIP submissions in 
accordance with 40 CFR 51.102. The state initiated public comment from 
April 6, 2013, to May 8, 2013. One comment was received and adequately 
addressed in the final SIP submission. The amended submission was 
placed on public comment January 12, 2017, to February 15, 2017. No 
comments were received. These submissions also satisfied the 
completeness criteria of 40 CFR part 51, appendix V. In addition, as 
explained above and in more detail in the technical support documents 
which are part of the docket for this rulemaking, the submissions met 
the applicable substantive SIP requirements of the CAA, including 
section 110 and implementing regulations.

IV. What action is EPA taking?

    This final action approves a SIP revision submitted by the State of 
Iowa for the purpose of incorporating an amendment to the 
Administrative Consent Order (ACO) with Grain Processing Corporation 
(GPC), Muscatine, Iowa.

V. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of a revision to 
Iowa's EPA-approved State source-specific permits described in the 
direct final amendments to 40 CFR part 52 set forth below. EPA has 
made, and will continue to make, these materials generally available 
through www.regulations.gov and at the EPA Region 7 Office (please 
contact the person identified in the For Further Information Contact 
section of this preamble for more information). Therefore, these 
materials have been approved by EPA for inclusion in the State 
Implementation Plan, have been incorporated by reference by EPA into 
that plan, are fully Federally enforceable under sections 110 and 113 
of the CAA as of the effective date of the final rulemaking of EPA's 
approval, and will be incorporated by reference in the next update to 
the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of the National Technology 
Transfer and Advancement Act (NTTA) because this rulemaking does not 
involve technical standards; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 27, 2018. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: June 13, 2018.
James B. Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart Q--Iowa

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

[[Page 30350]]

Sec.  52.820  Identification of plan

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    (d) * * *

                                EPA-Approved Iowa Source-Specific Orders/Permits
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                                                          State
         Name of source           Order/Permit No.   effective date   EPA approval date        Explanation
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                                                  * * * * * * *
(29) Grain Processing            Administrative             1/16/17  12/1/14, 79 FR      The last sentence of
 Corporation.                     Consent Order No.                   71025; amendment    Paragraph 5, Section
                                  2014-AQ-A1.                         approved 6/28/18    III and Section VI are
                                                                      [Insert Federal     not approved by EPA as
                                                                      Register            part of the SIP.
                                                                      citation].
 
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[FR Doc. 2018-13857 Filed 6-27-18; 8:45 am]
 BILLING CODE 6560-50-P