Approval and Promulgation of Implementation Plans; State of Iowa; 2014 Iowa State Implementation Plan; Permit Modifications; Muscatine, Iowa, 18133-18136 [2015-07488]
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Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Rules and Regulations
18133
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date is June 15, 2004, unless otherwise noted.
This date is June 4, 2010.
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[FR Doc. 2015–07534 Filed 4–2–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2015–0159; FRL–9925–60–
Region 7]
Approval and Promulgation of
Implementation Plans; State of Iowa;
2014 Iowa State Implementation Plan;
Permit Modifications; Muscatine, Iowa
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
the State Implementation Plan (SIP) for
the State of Iowa to include modified
permits for Muscatine County, Iowa.
The SIP revision addresses
modifications to construction permits
that were included in the 2006 24-hour
particulate matter less than 2.5
micrometers (PM2.5) National Ambient
Air Quality Standards (NAAQS) control
strategy proposed on August 11, 2014,
and published as a final rule in the
Federal Register on December 1, 2014,
with the effective date of December 31,
2014. The state’s submission of
modified permits includes a revised air
dispersion modeling analysis that
demonstrated continued attainment of
the 2006 24-hour PM2.5 NAAQS. This
action will also make an administrative
correction to permit numbers.
DATES: This direct final rule will be
effective June 2, 2015, without further
notice, unless EPA receives adverse
comment by May 4, 2015. If EPA
receives adverse comment, we will
publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
SUMMARY:
Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2015–0159 by one of the following
methods:
1. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Email: Hamilton.heather@epa.gov.
3. Mail or Hand Delivery: Heather
Hamilton, Environmental Protection
Agency, Air Planning and Development
Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219.
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ADDRESSES:
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Instructions: Direct your comments to
Docket ID No. EPA–R07–OAR–2015–
0159. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through
www.regulations.gov or email
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, i.e., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Air Planning and Development Branch,
11201 Renner Boulevard, Lenexa,
Kansas 66219. The Regional Office’s
official hours of business are Monday
through Friday, 8:00 to 4:30 excluding
legal holidays. The interested persons
wanting to examine these documents
should make an appointment with the
office at least 24 hours in advance.
FOR FURTHER INFORMATION CONTACT:
Heather Hamilton, Environmental
PO 00000
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Protection Agency, Air Planning and
Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
(913) 551–7039, or by email at
Hamilton.heather@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to EPA. This section
provides additional information by
addressing the following:
I. What is being addressed in this document?
II. Have the requirements for approval of a
SIP revision been met?
III. What action is EPA taking?
I. What is being addressed in this
document?
EPA is taking direct final action to
approve SIP revisions to replace specific
EPA SIP-approved construction permits
with modified permits in Muscatine
County, Iowa. The modified permits are
associated with PM2.5 emission points at
Union Tank Car (UTLX) and Muscatine
Power and Water (MPW). Prior versions
of these permits were included in the
2006 24-hour PM2.5 NAAQS control
strategy proposed in the Federal
Register on August 11, 2014, (79 FR
71027) and published as a final rule on
December 1, 2014, (79 FR 71025) with
an effective date of December 31, 2014.
Prior to publication of the final action,
modifications to permits submitted with
the control strategy were pending
(under review by the state and
undergoing public comment) for MPW
and UTLX.
Permits for UTLX were modified to
reflect current operating conditions,
stack configurations, and revised PM2.5
emission limits. The permit conditions
pertaining to compliance
demonstrations and operating condition
monitoring, recordkeeping and
reporting were included in each
modified permit. The Iowa Department
of Natural Resources (IDNR) initiated
the public comment period that ended
on August 28, 2014, for the UTLX
modified permits. No comments were
received.
Permits for MPW were modified to
include updated PM2.5 emission
limitations associated with the rail
unloading system. The permit
conditions pertaining to compliance
demonstrations and operating condition
monitoring, recordkeeping and
reporting were included in each
modified permit. IDNR initiated the
public comment period that ended on
September 4, 2014, for the MPW
modified permits. No comments were
received.
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Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Rules and Regulations
The modified permits submission
included a technical demonstration and
an updated air dispersion modeling
analysis. The modeling analysis, as well
as the modified permits were reviewed
by EPA and it was determined that the
modifications continue to demonstrate
emission reductions and attainment of
the 2006 24-hour PM2.5 NAAQS in
Muscatine, Iowa, and therefore, does not
relax the SIP. Additional technical
detail regarding permit modifications is
included in the Technical Support
Document included in the docket for
this rulemaking.
This action will also make an
administrative correction to a permit
number.
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II. Have the requirements for approval
of a SIP revision been met?
The state submission has met the
public notice requirements for SIP
submissions in accordance with 40 CFR
51.102. The submission also satisfied
the completeness criteria of 40 CFR part
51, appendix V. In addition, as
explained above and in more detail in
the identified docket documents, the
revision meets the substantive SIP
requirements of the CAA, including
section 110 and implementing
regulations.
III. What action is EPA taking?
EPA is taking direct final action to
approve SIP revisions to include
modified permits for the Muscatine
County, Iowa, area. The modified
permits are for emission points at UTLX
and MPW which were included in the
2006 24-hour PM2.5 NAAQS control
strategy. The control strategy was
proposed in the Federal Register on
August 11, 2014, and published as a
final rule on December 1, 2014, with the
effective date of December 31, 2014.
This action also includes an
administrative correction to the permit
number for (44) Muscatine Power and
Water (Permit NO. 95–A–373–P2).
We are publishing this direct final
rule without a prior proposed rule
because we view this as a
noncontroversial amendment and
anticipate no adverse comment because
the revisions are largely administrative
and consistent with Federal regulations.
The detailed rationale for the approval
is set forth in the technical support
document that can be found in Docket
ID No. EPA–R07–OAR–2015–0159.
However, in the ‘‘Proposed Rules’’
section of today’s Federal Register, we
are publishing a separate document that
will serve as the proposed rule to
approve the SIP revision if adverse
comments are received on this direct
final rule. We will not institute a second
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comment period on this action. Any
parties interested in commenting must
do so at this time. For further
information about commenting on this
rule, see the ADDRESSES section of this
document.
If EPA receives adverse comment, we
will publish a timely withdrawal in the
Federal Register informing the public
that this direct final rule will not take
effect. We will address all public
comments in any subsequent final rule
based on the proposed rule.
Statutory and Executive Order Reviews
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of Iowa’s EPA-Approved
Iowa Source-Specific Orders/Permits,
section 52.820 (d), described in the
direct final amendments to 40 CFR part
52 set forth below. EPA has made, and
will continue to make, these documents
generally available electronically
through www.regulations.gov and/or in
hard copy at the appropriate EPA office
(see the ADDRESSES section of this
preamble for more information).
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ under the terms of Executive
Order 12866 (58 FR 51735, October 4,
1993) and is therefore not subject to
review under Executive Orders 12866
and 13563 (76 FR 3821, January 21,
2011).
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
PO 00000
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Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register.
A major rule cannot take effect until
60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by June 2, 2015. Filing a petition
for reconsideration by the Administrator
of this final rule does not affect the
finality of this action for the purposes of
judicial review nor does it extend the
time within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
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Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Rules and Regulations
Dated: March 20, 2015.
Mark Hague,
Acting Regional Administrator, Region 7.
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Particulate
matter, Reporting and recordkeeping
requirements.
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
Authority: 42 U.S.C. 7401 et seq.
Subpart Q—Iowa
2. In § 52.820(d) the table is amended
by revising entries (41), (42), (44), (45),
(47), (54), (76), (77), (78), (79), (80), (85),
(86), (87), (92), (95), (97), (103), (104),
(105), (106), (107), and (108) to read as
follows:
■
§ 52.820
1. The authority citation for part 52
continues to read as follows:
■
*
Identification of plan.
*
*
(d) * * *
*
*
EPA-APPROVED IOWA SOURCE-SPECIFIC ORDERS/PERMITS
State
effective
date
Name of source
Order/Permit No.
*
(41) Muscatine Power and
Water.
(42) Muscatine Power and
Water.
*
*
Permit NO. 93–A–288–S4
9/12/14
Permit NO. 93–A–289–S4
9/12/14
*
*
Permit NO. 95–A–373–P2
7/22/13
Permit NO. 00–A–638–S1
7/22/13
*
(47) Muscatine Power and
Water.
*
*
Permit NO. 00–A–683–S1
7/22/13
*
(54) Muscatine Power and
Water.
*
*
Permit NO. 04–A–617–S1
7/22/13
*
(76) Muscatine
Water.
(77) Muscatine
Water.
(78) Muscatine
Water.
(79) Muscatine
Water.
(80) Muscatine
Water.
Power and
*
*
Permit NO. 80–A–196–S4
7/22/13
Power and
Permit NO. 93–A–286–S5
7/22/13
Power and
Permit NO. 01–A–457–S5
7/22/13
Power and
Permit NO. 06–A–650–S3
7/22/13
Power and
Permit NO. 13–A–160–S1
7/22/13
*
(44) Muscatine Power and
Water.
(45) Muscatine Power and
Water.
EPA Approval date
Explanation
*
*
*
4/3/15 and [Insert Federal Register citation].
4/3/15 and [Insert Federal Register citation].
*
*
*
*
4/3/15 and [Insert Federal Register citation].
4/3/15 and [Insert FEDERAL REGISTER citation].
*
*
*
*
4/3/15 and [Insert Federal Register citation].
*
*
*
*
4/3/15 and [Insert Federal Register citation].
*
*
*
[Insert Federal Register cita-
*
*
4/3/15 and
tion].
4/3/15 and
tion].
4/3/15 and
tion].
4/3/15 and
tion].
4/3/15 and
tion].
[Insert Federal Register cita[Insert Federal Register cita[Insert Federal Register cita[Insert Federal Register cita-
Permit NO. 00–A–1086–
S3.
Permit NO. 00–A–1087–
S3.
Permit NO. 00–A–1088–
S3.
*******
9/2/14 4/3/15 and [Insert Federal Register citation].
9/2/14 4/3/15 and [Insert Federal Register citation].
9/2/14 4/3/15 and [Insert Federal Register citation].
*
(92) Union Tank Car Company.
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(85) Union Tank Car Company.
(86) Union Tank Car Company.
(87) Union Tank Car Company.
*
*
Permit NO. 96–A–636–S4
9/2/14
*
(95) Union Tank Car Company.
*
*
Permit NO. 00–A–531–S3
9/2/14
*
(97) Union Tank Car Company.
*
*
Permit NO. 00–A–533–S3
9/2/14
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4/3/15 and [Insert Federal Register citation].
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4/3/15 and [Insert Federal Register citation].
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EPA-APPROVED IOWA SOURCE-SPECIFIC ORDERS/PERMITS—Continued
Name of source
*
(103) Union Tank
Company.
(104) Union Tank
Company.
(105) Union Tank
Company.
(106) Union Tank
Company.
(107) Union Tank
Company.
(108) Union Tank
Company.
Car
*
Permit
S3.
Permit
S3.
Permit
S3.
Permit
NO. 10–A–043–S3
Car
Permit NO. 09–A–009–S3
9/2/14
Car
Permit NO. 09–A–010–S3
9/2/14
Car
Car
*
*
NO. 00–A–1089–
9/2/14
NO. 00–A–1090–
9/2/14
NO. 00–A–1091–
9/2/14
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 80
[EPA–HQ–OAR–2015–0049; FRL–9924–71–
OAR]
RIN 2060–AS48
Regulation of Fuels and Fuel
Additives: Cellulosic Waiver Credit
Price and Minor Amendments to
Renewable Fuel Standard Regulations
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to clarify our regulations related
to the data sources used to establish the
cellulosic waiver credit (CWC) price.
We are also removing references to CWC
prices from the renewable fuel standard
regulations, and instead intend to post
the prices on EPA’s Web site. The direct
final rule also indicates what the CWC
prices for 2014 and 2015 would be using
the data sources and methodology
contained in the rule; however these
prices will not be established until they
are posted on our Web site following the
effective date of the rule. In addition, we
are making minor amendments to the
renewable fuel standard program
regulations to reinsert sections
inadvertently overwritten by the Quality
Assurance Program final rule published
on July 18, 2014.
DATES: This rule is effective on June 2,
2015 without further notice, unless EPA
receives relevant adverse comment by
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SUMMARY:
16:21 Apr 02, 2015
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[FR Doc. 2015–07488 Filed 4–2–15; 8:45 am]
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EPA Approval date
9/2/14
Car
*
*
State
effective
date
Order/Permit No.
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4/3/15 and
tion].
4/3/15 and
tion].
4/3/15 and
tion].
4/3/15 and
tion].
4/3/15 and
tion].
4/3/15 and
tion].
*
*
*
[Insert Federal Register cita-
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[Insert Federal Register cita[Insert Federal Register cita[Insert Federal Register cita[Insert Federal Register cita*
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*
[Insert Federal Register cita-
May 4, 2015. If EPA receives relevant
adverse comment, we will publish in
the Federal Register a timely
withdrawal of the portions of this direct
final rule on which adverse comment
was received informing the public that
those portions of the rule will not take
effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2015–0049, by one of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• Email: a-and-r-docket@epa.gov.
• Mail: Air and Radiation Docket and
Information Center, Environmental
Protection Agency, Mailcode: 28221T,
1200 Pennsylvania Ave. NW.,
Washington, DC 20460.
• Hand Delivery: EPA Docket Center,
EPA WJC West Building, Room 3334,
1301 Constitution Ave. NW.,
Washington, DC 20460. Such deliveries
are only accepted during the Docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2015–
0049. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
PO 00000
Explanation
*
*
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
For additional instructions on
submitting comments, go to Section I.B
of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Air and Radiation Docket and
Information Center, EPA/DC, EPA WJC
West, Room 3334, 1301 Constitution
Ave. NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
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[Federal Register Volume 80, Number 64 (Friday, April 3, 2015)]
[Rules and Regulations]
[Pages 18133-18136]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07488]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2015-0159; FRL-9925-60-Region 7]
Approval and Promulgation of Implementation Plans; State of Iowa;
2014 Iowa State Implementation Plan; Permit Modifications; Muscatine,
Iowa
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the State Implementation Plan (SIP) for the State of Iowa
to include modified permits for Muscatine County, Iowa. The SIP
revision addresses modifications to construction permits that were
included in the 2006 24-hour particulate matter less than 2.5
micrometers (PM2.5) National Ambient Air Quality Standards
(NAAQS) control strategy proposed on August 11, 2014, and published as
a final rule in the Federal Register on December 1, 2014, with the
effective date of December 31, 2014. The state's submission of modified
permits includes a revised air dispersion modeling analysis that
demonstrated continued attainment of the 2006 24-hour PM2.5
NAAQS. This action will also make an administrative correction to
permit numbers.
DATES: This direct final rule will be effective June 2, 2015, without
further notice, unless EPA receives adverse comment by May 4, 2015. If
EPA receives adverse comment, we will publish a timely withdrawal of
the direct final rule in the Federal Register informing the public that
the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2015-0159 by one of the following methods:
1. www.regulations.gov. Follow the on-line instructions for
submitting comments.
2. Email: Hamilton.heather@epa.gov.
3. Mail or Hand Delivery: Heather Hamilton, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219.
Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2015-0159. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov or
email information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically in www.regulations.gov or in hard copy at the
Environmental Protection Agency, Air Planning and Development Branch,
11201 Renner Boulevard, Lenexa, Kansas 66219. The Regional Office's
official hours of business are Monday through Friday, 8:00 to 4:30
excluding legal holidays. The interested persons wanting to examine
these documents should make an appointment with the office at least 24
hours in advance.
FOR FURTHER INFORMATION CONTACT: Heather Hamilton, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at (913) 551-7039, or by email at
Hamilton.heather@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA. This section provides additional information by
addressing the following:
I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is EPA taking?
I. What is being addressed in this document?
EPA is taking direct final action to approve SIP revisions to
replace specific EPA SIP-approved construction permits with modified
permits in Muscatine County, Iowa. The modified permits are associated
with PM2.5 emission points at Union Tank Car (UTLX) and
Muscatine Power and Water (MPW). Prior versions of these permits were
included in the 2006 24-hour PM2.5 NAAQS control strategy
proposed in the Federal Register on August 11, 2014, (79 FR 71027) and
published as a final rule on December 1, 2014, (79 FR 71025) with an
effective date of December 31, 2014. Prior to publication of the final
action, modifications to permits submitted with the control strategy
were pending (under review by the state and undergoing public comment)
for MPW and UTLX.
Permits for UTLX were modified to reflect current operating
conditions, stack configurations, and revised PM2.5 emission
limits. The permit conditions pertaining to compliance demonstrations
and operating condition monitoring, recordkeeping and reporting were
included in each modified permit. The Iowa Department of Natural
Resources (IDNR) initiated the public comment period that ended on
August 28, 2014, for the UTLX modified permits. No comments were
received.
Permits for MPW were modified to include updated PM2.5
emission limitations associated with the rail unloading system. The
permit conditions pertaining to compliance demonstrations and operating
condition monitoring, recordkeeping and reporting were included in each
modified permit. IDNR initiated the public comment period that ended on
September 4, 2014, for the MPW modified permits. No comments were
received.
[[Page 18134]]
The modified permits submission included a technical demonstration
and an updated air dispersion modeling analysis. The modeling analysis,
as well as the modified permits were reviewed by EPA and it was
determined that the modifications continue to demonstrate emission
reductions and attainment of the 2006 24-hour PM2.5 NAAQS in
Muscatine, Iowa, and therefore, does not relax the SIP. Additional
technical detail regarding permit modifications is included in the
Technical Support Document included in the docket for this rulemaking.
This action will also make an administrative correction to a permit
number.
II. Have the requirements for approval of a SIP revision been met?
The state submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. In
addition, as explained above and in more detail in the identified
docket documents, the revision meets the substantive SIP requirements
of the CAA, including section 110 and implementing regulations.
III. What action is EPA taking?
EPA is taking direct final action to approve SIP revisions to
include modified permits for the Muscatine County, Iowa, area. The
modified permits are for emission points at UTLX and MPW which were
included in the 2006 24-hour PM2.5 NAAQS control strategy.
The control strategy was proposed in the Federal Register on August 11,
2014, and published as a final rule on December 1, 2014, with the
effective date of December 31, 2014.
This action also includes an administrative correction to the
permit number for (44) Muscatine Power and Water (Permit NO. 95-A-373-
P2).
We are publishing this direct final rule without a prior proposed
rule because we view this as a noncontroversial amendment and
anticipate no adverse comment because the revisions are largely
administrative and consistent with Federal regulations. The detailed
rationale for the approval is set forth in the technical support
document that can be found in Docket ID No. EPA-R07-OAR-2015-0159.
However, in the ``Proposed Rules'' section of today's Federal Register,
we are publishing a separate document that will serve as the proposed
rule to approve the SIP revision if adverse comments are received on
this direct final rule. We will not institute a second comment period
on this action. Any parties interested in commenting must do so at this
time. For further information about commenting on this rule, see the
ADDRESSES section of this document.
If EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that this
direct final rule will not take effect. We will address all public
comments in any subsequent final rule based on the proposed rule.
Statutory and Executive Order Reviews
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Iowa's EPA-
Approved Iowa Source-Specific Orders/Permits, section 52.820 (d),
described in the direct final amendments to 40 CFR part 52 set forth
below. EPA has made, and will continue to make, these documents
generally available electronically through www.regulations.gov and/or
in hard copy at the appropriate EPA office (see the ADDRESSES section
of this preamble for more information).
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' under the terms
of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register.
A major rule cannot take effect until 60 days after it is published
in the Federal Register. This action is not a ``major rule'' as defined
by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 2, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
[[Page 18135]]
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Particulate
matter, Reporting and recordkeeping requirements.
Dated: March 20, 2015.
Mark Hague,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
as set forth below:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart Q--Iowa
0
2. In Sec. 52.820(d) the table is amended by revising entries (41),
(42), (44), (45), (47), (54), (76), (77), (78), (79), (80), (85), (86),
(87), (92), (95), (97), (103), (104), (105), (106), (107), and (108) to
read as follows:
Sec. 52.820 Identification of plan.
* * * * *
(d) * * *
EPA-Approved Iowa Source-Specific Orders/Permits
----------------------------------------------------------------------------------------------------------------
State
Name of source Order/Permit No. effective EPA Approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(41) Muscatine Power and Water... Permit NO. 93-A-288- 9/12/14 4/3/15 and [Insert ...................
S4. Federal Register
citation].
(42) Muscatine Power and Water... Permit NO. 93-A-289- 9/12/14 4/3/15 and [Insert ...................
S4. Federal Register
citation].
* * * * * * *
(44) Muscatine Power and Water... Permit NO. 95-A-373- 7/22/13 4/3/15 and [Insert ...................
P2. Federal Register
citation].
(45) Muscatine Power and Water... Permit NO. 00-A-638- 7/22/13 4/3/15 and [Insert ...................
S1. Federal Register
citation].
* * * * * * *
(47) Muscatine Power and Water... Permit NO. 00-A-683- 7/22/13 4/3/15 and [Insert ...................
S1. Federal Register
citation].
* * * * * * *
(54) Muscatine Power and Water... Permit NO. 04-A-617- 7/22/13 4/3/15 and [Insert ...................
S1. Federal Register
citation].
* * * * * * *
(76) Muscatine Power and Water... Permit NO. 80-A-196- 7/22/13 4/3/15 and [Insert ...................
S4. Federal Register
citation].
(77) Muscatine Power and Water... Permit NO. 93-A-286- 7/22/13 4/3/15 and [Insert ...................
S5. Federal Register
citation].
(78) Muscatine Power and Water... Permit NO. 01-A-457- 7/22/13 4/3/15 and [Insert ...................
S5. Federal Register
citation].
(79) Muscatine Power and Water... Permit NO. 06-A-650- 7/22/13 4/3/15 and [Insert ...................
S3. Federal Register
citation].
(80) Muscatine Power and Water... Permit NO. 13-A-160- 7/22/13 4/3/15 and [Insert ...................
S1. Federal Register
citation].
* * * * * * *
(85) Union Tank Car Company...... Permit NO. 00-A-1086- 9/2/14 4/3/15 and [Insert ...................
S3. Federal Register
citation].
(86) Union Tank Car Company...... Permit NO. 00-A-1087- 9/2/14 4/3/15 and [Insert ...................
S3. Federal Register
citation].
(87) Union Tank Car Company...... Permit NO. 00-A-1088- 9/2/14 4/3/15 and [Insert ...................
S3. Federal Register
citation].
* * * * * * *
(92) Union Tank Car Company...... Permit NO. 96-A-636- 9/2/14 4/3/15 and [Insert ...................
S4. Federal Register
citation].
* * * * * * *
(95) Union Tank Car Company...... Permit NO. 00-A-531- 9/2/14 4/3/15 and [Insert ...................
S3. Federal Register
citation].
* * * * * * *
(97) Union Tank Car Company...... Permit NO. 00-A-533- 9/2/14 4/3/15 and [Insert ...................
S3. Federal Register
citation].
[[Page 18136]]
* * * * * * *
(103) Union Tank Car Company..... Permit NO. 00-A-1089- 9/2/14 4/3/15 and [Insert ...................
S3. Federal Register
citation].
(104) Union Tank Car Company..... Permit NO. 00-A-1090- 9/2/14 4/3/15 and [Insert ...................
S3. Federal Register
citation].
(105) Union Tank Car Company..... Permit NO. 00-A-1091- 9/2/14 4/3/15 and [Insert ...................
S3. Federal Register
citation].
(106) Union Tank Car Company..... Permit NO. 10-A-043- 9/2/14 4/3/15 and [Insert ...................
S3. Federal Register
citation].
(107) Union Tank Car Company..... Permit NO. 09-A-009- 9/2/14 4/3/15 and [Insert ...................
S3. Federal Register
citation].
(108) Union Tank Car Company..... Permit NO. 09-A-010- 9/2/14 4/3/15 and [Insert ...................
S3. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2015-07488 Filed 4-2-15; 8:45 am]
BILLING CODE 6560-50-P
