Air Plan Approval; Iowa; Amendment to the Administrative Consent Order, Grain Processing Corporation, Muscatine, Iowa; Final Rule, 30348-30350 [2018-13857]
Download as PDF
<![CDATA[
30348
Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Rules and Regulations
§ 165.1333 Security Zones, Seattle’s
Seafair Fleet Week moving vessels, Puget
Sound, WA.
(a) Location. The following areas are
security zones: All navigable waters
within 500 yards of each designated
participating vessel in the Parade of
Ships while each such vessel is in the
Sector Puget Sound Captain of the Port
(COTP) zone, as defined in 33 CFR
3.65–10, during a time specified in
paragraph (e) of this section. The Coast
Guard will publish a notice in the
Federal Register each year before the
start of the Seattle Seafair Fleet Week to
identify the designated participating
vessels for that year. Should information
in the notice change after publication, as
it may for operational reasons, the Coast
Guard will use actual notice to enforce
security zones around participating
vessels not in the published notice. The
Coast Guard will also provide this
information in the Local Notice to
Mariners.
*
*
*
*
*
(e) Annual enforcement period. The
security zones described in paragraph
(a) of this section will be enforced
during Seattle Seafair Fleet Week each
year for a period of up to 1 week. The
Seattle Seafair Fleet Week will occur
annually sometime between July 25 and
August 14. The annual notice published
in the Federal Register identifying the
designated participating vessels will
contain the dates and times that this
section will be enforced. The Coast
Guard will issue a Broadcast Notice to
Mariners before the start of the Seattle
Seafair Fleet Week to identify the
designated participating vessels for that
year. In addition, members of the public
may contact the Sector Puget Sound
COTP at (206) 217–6002 for a list of
participating vessels.
Dated: June 22, 2018.
M.M. Balding,
Captain, U.S. Coast Guard, Acting Captain
of the Port Puget Sound.
ENVIRONMENTAL PROTECTION
AGENCY
amozie on DSK3GDR082PROD with RULES
[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
16:02 Jun 27, 2018
Jkt 244001
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 30day comment period, during which no
comments were received.
SUMMARY:
This final rule is effective on July
30, 2018.
DATES:
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.
ADDRESSES:
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA. This section
provides additional information by
addressing the following:
40 CFR Part 52
VerDate Sep<11>2014
I. Background
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.
BILLING CODE 9110–04–P
Environmental Protection
Agency (EPA).
Final rule.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2018–13899 Filed 6–27–18; 8:45 am]
AGENCY:
ACTION:
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
PO 00000
Frm 00064
Fmt 4700
Sfmt 4700
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
E:\FR\FM\28JNR1.SGM
28JNR1
Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Rules and Regulations
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.
amozie on DSK3GDR082PROD with RULES
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 EPAapproved 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
1 62
FR 27968 (May 22, 1997).
VerDate Sep<11>2014
16:02 Jun 27, 2018
Jkt 244001
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
PO 00000
Frm 00065
Fmt 4700
Sfmt 4700
30349
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
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart Q—Iowa
2. Section 52.820 paragraph (d) is
amended by revising the entry ‘‘(29)
Grain Processing Corporation’’ to read
as follows:
■
E:\FR\FM\28JNR1.SGM
28JNR1
30350
Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Rules and Regulations
§ 52.820
*
Identification of plan
*
*
*
(d) * * *
*
EPA-APPROVED IOWA SOURCE-SPECIFIC ORDERS/PERMITS
Name of source
*
(29) Grain Processing
Corporation.
Order/Permit No.
*
Administrative Consent Order No.
2014–AQ–A1.
*
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2015–0034; FRL–9980–
09—Region 5]
Approval and Promulgation of Air
Quality Implementation Plans;
Minnesota; Regional Haze Progress
Report
1/16/17
*
*
12/1/14, 79 FR 71025; amendment approved 6/28/18 [Insert
Federal Register citation].
*
*
The last sentence of Paragraph 5, Section
III and Section VI are not approved by
EPA as part of the SIP.
The Environmental Protection
Agency (EPA) is approving Minnesota’s
regional haze progress report under the
Clean Air Act (CAA) as a revision to the
Minnesota State Implementation Plan
(SIP). Minnesota has satisfied the
progress report requirements of the
Regional Haze Rule. Minnesota also
provided a determination of the
adequacy of its plan in addressing
regional haze with its negative
declaration, submitted with the progress
report, that no revisions are needed to
its plan.
DATES: This final rule is effective on July
30, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2015–0034. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(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 either through
Jkt 244001
*
Matt
Rau, Environmental Engineer, Control
Strategies Section, Air Programs Branch
(AR–18J), Environmental Protection
Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,
(312) 886–6524, rau.matthew@epa.gov.
Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY:
*
FOR FURTHER INFORMATION CONTACT:
AGENCY:
amozie on DSK3GDR082PROD with RULES
*
Explanation
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Matt
Rau, Environmental Engineer, at (312)
886–6524 before visiting the Region 5
office.
*
16:02 Jun 27, 2018
EPA approval date
*
[FR Doc. 2018–13857 Filed 6–27–18; 8:45 am]
VerDate Sep<11>2014
State effective
date
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. Background
II. What are EPA’s responses to the
comments?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. Background
States are required to submit a
progress report every five years that
evaluates progress towards the
reasonable progress goals (RPGs) for
each mandatory Class I Federal area 1
(Class I area) within the state and in
each Class I area outside the state which
may be affected by emissions from
within the state. 40 CFR 51.308(g).
States are also required to submit, at the
same time as the progress report, a
determination of the adequacy of the
state’s existing regional haze SIP. 40
CFR 51.308(h). The first progress report
1 Under the CAA, a Class I Federal area is one in
which visibility is protected more stringently than
under the national ambient air quality standards.
Class I Federal areas include national parks,
wilderness areas, monuments, and other areas of
special national and cultural significance.
PO 00000
Frm 00066
Fmt 4700
Sfmt 4700
*
*
SIP is due five years after submittal of
the initial regional haze SIP.
Minnesota submitted its regional haze
plan to EPA on December 30, 2009, with
a supplement submitted on May 8,
2012. Correspondingly, Minnesota
submitted its five-year progress report
and its determination of adequacy on
December 30, 2014. Minnesota made no
substantive revisions to its regional haze
plan as it determined that the existing
SIP is sufficient to achieve the 2018
reasonable progress goals for the Class I
areas impacted by Minnesota emissions
and thus further revision to the SIP was
unnecessary. EPA is approving
Minnesota’s progress report on the basis
that it satisfies the applicable
requirements of 40 CFR 51.308.
In order to satisfy the requirements for
Best Available Retrofit Technology
(BART) for certain taconite ore
processing facilities in Minnesota, EPA
promulgated a Federal Implementation
Plan (FIP) for taconite on February 6,
2013, (78 FR 8706) and revised the
taconite FIP on April 12, 2016, (81 FR
21672). Minnesota elected to use the
Cross-State Air Pollution Rule (CSAPR)
to satisfy BART for its electric
generating units.
Two Class I areas are located in
Minnesota, the Boundary Waters Canoe
Wilderness Area (Boundary Waters) and
the Voyageurs National Park
(Voyageurs). Further, Minnesota
emissions contribute to visibility
impairment at a Class I area located out
of state, the Isle Royale National Park
(Isle Royale) in Michigan.
A direct final rule (DFR) approving
the Minnesota regional haze progress
report published on October 18, 2017
(82 FR 48425), along with a proposed
rule (82 FR 48472) that provided a 30day public comment period. The DFR
evaluated the Minnesota submission by
assessing its progress in implementing
its regional haze plan during the first
half of the first implementation period
as well as the statutory and regulatory
background for EPA’s review of
E:\FR\FM\28JNR1.SGM
28JNR1
]]>Agencies
[Federal Register Volume 83, Number 125 (Thursday, June 28, 2018)]
[Rules and Regulations]
[Pages 30348-30350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13857]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
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
* * * * *
(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 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].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2018-13857 Filed 6-27-18; 8:45 am]
BILLING CODE 6560-50-P
