Air Plan Approval; Iowa, Kansas, Missouri, Nebraska and Approval of Operating Permit Program for Iowa and Nebraska; Definition of Chemical Process Plants Under State Prevention of Significant Deterioration Regulations and Operating Permit Programs, 21329-21333 [2020-07476]
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EPA-APPROVED NEBRASKA NONREGULATORY PROVISIONS
Name of nonregulatory SIP
revision
Applicable
geographic or
nonattainment
area
*
(35) Sections 110 (a)(1) and (2) Infrastructure Requirements for the
2015 O3 NAAQS.
*
Statewide ...........
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 70
[EPA–R07–OAR–2019–0532; FRL–10007–
72–Region 7]
Air Plan Approval; Iowa, Kansas,
Missouri, Nebraska and Approval of
Operating Permit Program for Iowa and
Nebraska; Definition of Chemical
Process Plants Under State Prevention
of Significant Deterioration
Regulations and Operating Permit
Programs
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
the State Implementation Plans (SIPs)
for Iowa, Kansas, Missouri and Nebraska
and is also approving revisions to the
Operating Permit Programs for Iowa and
Nebraska. The SIP revisions incorporate
changes to the definition of chemical
process plants under the States’
Prevention of Significant Deterioration
(PSD) regulations and change the same
definition in the approved State
operating permit programs. Consistent
with an EPA regulation finalized in
2007, this action approves several State
rules that modify the definition of
chemical process plant to exclude
ethanol manufacturing facilities that
produce ethanol by natural fermentation
processes. Approving these modified
definitions into the SIP establishes that
the PSD major source applicability
threshold in the SIPs for these ethanol
plants is 250 tons per year (tpy) (rather
than 100 tpy) and removes the
requirement to include fugitive
emissions when determining if the
source is major for PSD. In addition, this
action approves changes to the Iowa and
Nebraska Title V operating permit
programs that remove the requirement
SUMMARY:
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EPA approval
date
Explanation
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4/17/2020, [insert
Federal Register citation].
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This action approves for the O3 NAAQS: The following CAA elements:
110(a)(1) and (2): (A) through (C), (D)(i)(I)—prongs 1 and 2,
(D)(i)(II)—prong 3, (D)(ii), (E) through (H), and (J) through (M).
EPA–R07–OAR–2019–0083; FRL–10007–78–Region 7.
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to include fugitive emissions when
determining if a source is major for Title
V purposes. The EPA concludes that the
changes to the State rules described
herein are approvable because they are
consistent with EPA regulations
governing State PSD and Title V
programs and will not interfere with any
applicable requirement concerning
attainment and reasonable further
progress (as defined in section 171 of
the Clean Air Act (CAA)), or any other
applicable requirement of the CAA.
DATES: This final rule is effective on
May 18, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2019–0532. 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:
William Stone, Environmental
Protection Agency, Region 7 Office, Air
Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219;
telephone number (913) 551–7714;
email address stone.william@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. What is being addressed in this document?
II. Have the requirements for approval of the
SIP and Operating Permit Plan revisions
been met?
III. The EPA’s Response to Comments
IV. What actions are the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
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I. What is being addressed in this
document?
The EPA is approving revisions to
SIPs received by EPA from Iowa on
November 15, 2007, Kansas on
November 23, 2009, Missouri on
December 7, 2009, and March 20, 2019,
and Nebraska on August 28, 2007, and
September 11, 2018. The EPA is also
approving revisions to the Iowa and
Nebraska Operating Permit Programs.
These revisions conform the State rules
to changes to EPA regulations reflected
in the EPA’s final rule entitled
‘‘Prevention of Significant Deterioration,
Nonattainment New Source Review (NA
NSR), and Title V: Treatment of Certain
Ethanol Production Facilities Under the
‘Major Emitting Facility’ Definition’’
(hereinafter referred to as the ‘‘2007
Ethanol Rule’’) as published in the
Federal Register on May 1, 2007 (72 FR
24059). The 2007 Ethanol Rule amended
the PSD definition of ‘‘major stationary
source’’ to exclude certain ethanol
facilities from the ‘‘chemical process
plant’’ source category and clarified that
the PSD major source applicability
threshold for certain ethanol plants is
250 tpy (rather than 100 tpy). The 2007
Ethanol Rule also removed the
requirement to include fugitive
emissions when determining if the
source is major for PSD and Title V
permitting.
II. Have the requirements for approval
of the SIP and Operating Permit Plan
revisions been met?
All of the aforementioned regulations
are consistent with EPA’s PSD program
requirements in 40 CFR 51.166 and Title
V program requirements in 40 CFR part
70, as amended in the 2007 Ethanol
Rule. Further, all submissions have met
the public notice requirements for SIP
submissions in accordance with 40 CFR
51.102.
Iowa published a Notice of Intended
Action in the Iowa Administrative
Bulletin on August 1, 2007. A public
hearing was held on September 5, 2007.
The public comment period closed on
September 6, 2007. Iowa received six
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sets of written comments during the
public comment period. Iowa provided
a response to each public comment but
did not change the rule based on the
comments.
Kansas published the proposed
changes in the Kansas Register May 21,
2009. A public hearing was held on July
29, 2009. Kansas received three
comment letters. Only one change was
made to the proposed regulations based
on public comments and that change
was not relevant to this action.
Missouri published the proposed
changes in the Missouri Register on
December 31, 2008. A public hearing
was held on February 3, 2009. Missouri
received fifteen comments and made
changes to the proposed regulations that
were not relevant to this action.
Missouri made additional changes to the
regulations proposed to be approved by
the EPA in this action that were
published in the Missouri Register on
August 1, 2018. Missouri received
thirty-seven comments from nine
sources including the EPA. Missouri
made some changes to the proposed
regulations that are relevant to this
action based on comments received
during the public comment period.
Nebraska published the proposed
changes in the Omaha World-Herald on
July 13, 2007. A public hearing was held
on August 17, 2007. Nebraska did not
receive any adverse comments for the
proposed changes.
The SIP submissions also satisfied the
completeness criteria of 40 CFR part 51,
appendix V. In addition, these revisions
meet the substantive SIP requirements
of the CAA, including section 110 and
implementing regulations. These
revisions are also consistent with
applicable EPA requirements of Title V
of the CAA and 40 CFR part 70.
III. The EPA’s Response to Comments
The public comment period on the
EPA’s proposed rule was open from
November 12, 2019 through December
12, 2019 (84 FR 60968, November 12,
2019). During this period, EPA received
two comments.
Comment 1: The commenter states
that the proposed rule should not be
approved because it will release more
harmful chemicals into the air that will
negatively impact climate change.
Response 1: The technical support
documents (TSDs) that are available in
the docket for the proposed rule explain
EPA’s reasoning that emissions
increases associated with the proposed
action are not expected to occur. The
States affected by this rulemaking have
already implemented the 2007 ethanol
rule, and ethanol production has
increased while air quality has
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improved for every pollutant monitored
in each of the States.
The TSDs also analyze the impact of
increasing the threshold to 250 tpy on
ozone and particulate matter (PM)
precursors in each State. The analysis
for ozone and secondary PM
demonstrates that sources of this size
will not cause any interference with
attainment or maintenance of the
standards in these States.
The EPA also describes requirements
for each State’s minor source NSR
program because the facilities that
would be below the 250 tpy PSD major
source threshold under this rulemaking
will still need to obtain minor source
construction permits. The States are
prohibited from issuing minor source
NSR permits that would lead to a
violation of the NAAQS. Additionally,
Federal rules such as New Source
Performance Standards and Maximum
Achievable Control Technology
regulations will control emissions of
pollutants that ethanol plants could
emit regardless of the major source
status under PSD.
In addition, this action does not alter
the regulation of greenhouse gas (GHG)
emissions, which is a driver of climate
change. Under the CAA, its
implementing regulations, and the
States’ air regulations, GHG emissions
from ethanol plants could increase
regardless of whether the proposed
changes to the SIP and Title V Operating
permit programs are approved. Thus
this action does not increase the
allowable emissions of GHGs or change
how GHGs are regulated by EPA and
each State.
Comment 2: The commenter requests
that EPA make corrections to the
revisions to the table in 40 CFR 52.820
in order to clarify the provisions of 567
Iowa Administrative Code rule 33.3 that
are approved into the SIP, and those
that have not been submitted to the EPA
for approval into the SIP.
Response 2: We have made the
suggested corrections to the table in this
final rule document in order to correct
typographical errors in previous
versions of the table to 40 CFR 52.820.
Specifically, in the explanation column
of the table for the EPA-Approved Iowa
Regulations, instead of stating that the
provisions of the 2010 PM2.5 PSDincrements SILS and SMCs rule,
published in the on October 20, 2010,
relating to SILs and SMCs that were
affected by the January 22, 2013, U.S.
Court of Appeals decisions are not SIP
approved, we have revised the table to
state that these provisions are not, at the
State’s request, included in Iowa’s SIP
provisions March 14, 2014.
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Also, in the same portion of that table
we have removed the following
sentence: ‘‘Iowa’s rule incorporating
EPA’s 2008 ‘fugitive emissions rule’
(published in the Federal Register on
December 19, 2008) is not SIPapproved.’’ That sentence was
erroneous because Iowa’s SIP approved
rule does not include the ‘‘fugitive
emissions rule’’.
IV. What actions are the EPA taking?
The EPA is approving revisions to the
Iowa, Kansas, Missouri and Nebraska
SIPs and the Iowa and Nebraska
Operating Permit Programs. We are
taking final action after consideration of
the two comments received on the
notice of proposed rulemaking.
The revisions to State rules that EPA
is approving change the definition of
‘‘major stationary source’’ under the
States’ PSD regulations and the
Operating Permit Program for Iowa and
Nebraska. This action approves changes
to state regulations, which make clear
that the PSD applicability threshold for
certain ethanol plants is 250 tpy and
remove the requirement to include
fugitive emissions when determining if
an ethanol plant is major for PSD and,
in Iowa and Nebraska, Title V
permitting. The EPA has determined
that these revisions are consistent with
EPA’s PSD and Title V regulations and
that approval of these revisions is
consistent with the requirements of
CAA section 110(l) and will not
adversely impact air quality. The EPA’s
analysis is available in the technical
support documents that were prepared
for each State SIP and are in the docket
for this action. Approval of the revisions
to these SIPs will ensure consistency
between the State and federallyapproved rules and ensure Federal
enforceability of the State’s revised air
program rules.
V. Incorporation by Reference
In this document, the EPA is
finalizing regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the Iowa,
Kansas, Missouri, and Nebraska
Regulations described in the
amendments to 40 CFR part 52 set forth
below. The 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).
These materials have been approved
by the EPA for inclusion in the SIPs and
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have been incorporated by reference by
EPA into those plans. Therefore, they
are fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of of the EPA’s final
approval (i.e. the effective date of this
action). They will also will be
incorporated by reference in the next
update to the SIP compilation.1
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, the
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
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 the 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).
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements, Volatile
organic compounds.
40 CFR Part 70
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Operating permits, Reporting
and recordkeeping requirements.
Dated: April 3, 2020.
Edward Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the
preamble, the EPA amends 40 CFR parts
52 and 70 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. In § 52.820, the table in paragraph
(c) is amended by revising the entry
‘‘567–33.3’’ to read as follows:
■
§ 52.820
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Identification of plan.
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(c) * * *
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EPA-APPROVED IOWA REGULATIONS
Iowa
citation
State
effective
date
Title
EPA approval date
Explanation
Iowa Department of Natural Resources Environmental Protection Commission [567]
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Chapter 33—Special Regulations and Construction Permit Requirements for Major Stationary Sources—Prevention of Significant Deterioration (PSD) of Air
Quality
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567–33.3 .....................
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Special Construction Permit
Requirements for Major
Stationary Sources in Areas
Designated Attainment or
Unclassified (PSD).
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1 62
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4/18/2018
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4/17/2020, [insert Federal
Register citation].
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Provisions of the 2010 PM2.5 PSD—Increments, SILs and
SMCs rule, published in the Federal Register on October
20, 2010, relating to SILs and SMCs that were affected by
the January 22, 2013, U.S. Court of Appeals decision are
not, at the state’s request, included in Iowa’s SIP provisions (see Federal Register, March 14, 2014) (Vol. 79,
No. 50).
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FR 27968 (May 22, 1997).
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§ 52.870
Subpart R—Kansas
3. In § 52.870, the table in paragraph
(c) is amended by revising the entry
‘‘K.A.R. 28–19–350’’ to read as follows:
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Identification of plan.
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(c) * * *
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EPA-APPROVED KANSAS REGULATIONS
Kansas
citation
State
effective
date
Title
EPA approval date
Explanation
Kansas Department of Health and Environment Ambient Air Quality Standards and Air Pollution Control
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Construction Permits And Approvals
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K.A.R. 28–19–350 ......
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Prevention of Significant Deterioration (PSD) of Air
Quality.
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12/28/2012
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4/17/2020, [insert Federal
Register citation].
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Provisions of the 2010 PM2.5 PSD-Increments, SILs and
SMCs rule relating to SILs and SMCs that were affected
by the January 22, 2013, U.S. Court of Appeals decision
are not SIP approved. Provisions of the 2002 NSR reform
rule relating to the Clean Unit Exemption, Pollution Control Projects, and exemption from recordkeeping provisions for certain sources using the actual-to-projected-actual emissions projections test are not SIP approved. In
addition, we have not approved Kansas rule incorporating
EPA’s 2008 ‘‘fugitive emissions rule’’ (published in the
Federal Register on December 19, 2008).
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§ 52.1320
Subpart AA—Missouri
4. In § 52.1320, the table in paragraph
(c) is amended by revising the entry
‘‘10–6.060’’ to read as follows:
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Identification of plan.
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(c) * * *
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EPA-APPROVED MISSOURI REGULATIONS
Missouri
citation
State
effective
date
Title
EPA approval date
Explanation
Missouri Department of Natural Resources
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Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of Missouri
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10–6.060 .....................
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Construction Permits Required.
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3/30/2019
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4/17/2020, [insert Federal
Register citation].
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Provisions of the 2010 PM2.5 PSD—Increments, SILs and
SMCs rule relating to SILs and SMCs that were affected
by the January 22, 2013 U.S. Court of Appeals decision
are not SIP approved.
Provisions of the 2002 NSR reform rule relating to the Clean
Unit Exemption, Pollution Control Projects, and exemption
from recordkeeping provisions for certain sources using
the actual-to-projected-actual emissions projections test
are not SIP approved.
In addition, we have not approved Missouri’s rule incorporating EPA’s 2008 ‘‘fugitive emissions rule’’ (published
in the Federal Register on December 19, 2008).
Although exemptions previously listed in 10 CSR 10–6.060
have been transferred to 10 CSR 10–6.061, the federallyapproved SIP continues to include the following exemption, ‘‘Livestock and livestock handling systems from
which the only potential contaminant is odorous gas.’’
Section 9, pertaining to hazardous air pollutants, is not SIP
approved.
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EPA-APPROVED MISSOURI REGULATIONS—Continued
Missouri
citation
State
effective
date
Title
EPA approval date
Explanation
EPA previously approved the 3/30/2016 state effective date
version of 10 CSR 10–6.060, with the above exceptions,
in a Federal Register document published October 11,
2016. EPA is only approving section 7, subsection
7(A)(1), and section 8 from the 3/30/2019 State effective
date version of 10 CSR 10–6.060. All remaining revisions
to the 3/30/2019 version of 10 CSR 10–6.060 are not SIP
approved.
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§ 52.1420
Subpart CC—Nebraska
5. In § 52.1420, the table in paragraph
(c) is amended by revising the entry
‘‘129–2’’ to read as follows:
■
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Identification of plan.
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(c) * * *
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EPA-APPROVED NEBRASKA REGULATIONS
Nebraska
citation
State
effective
date
Title
EPA approval date
Explanation
STATE OF NEBRASKA
Department of Environmental Quality
Title 129—Nebraska Air Quality Regulations
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129–2 ..........................
*
Definition of Major Source .....
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2/6/2008
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PART 70—STATE OPERATING PERMIT
PROGRAMS
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7. Appendix A to part 70 is amended
by:
■ a. Adding paragraph (u) under
‘‘Iowa’’.
■ b. Adding paragraph (q) under
‘‘Nebraska; City of Omaha; LincolnLancaster County Health Department’’.
The additions read as follows:
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(u) The Iowa Department of Natural
Resources submitted revisions to Iowa
Chapter 22.100 ‘‘Definitions for Title V
Operating Permits’’ on November 15, 2007.
The State revised the definition of
‘‘Stationary source categories’’ by revising the
definition of ‘‘Chemical process plants’’ such
that fugitive emissions from certain ethanol
production facilities are not considered in
determining whether the facility is subject to
Title V permitting. The state effective date is
October 4, 2007. This revision is effective
May 18, 2020.
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Iowa
Authority: 42 U.S.C. 7401, et seq.
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APPENDIX A TO PART 70—
APPROVAL STATUS OF STATE AND
LOCAL OPERATING PERMITS
PROGRAMS
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6. The authority citation for part 70
continues to read as follows:
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■
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Nebraska; City of Omaha; Lincoln-Lancaster
County Health Department
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(q) The Nebraska Department of
Environmental Quality submitted revisions
to the Nebraska Administrative Code, Title
129, chapter 2, section 002.20 on November
19, 2010. Chapter 2, section 002.20 was
revised to exclude ethanol production
facilities from the definition of ‘‘chemical
process plants’’ such that fugitive emissions
are not considered in determining whether
the facility is subject to Title V permitting.
The state effective date is February 6, 2008.
This revision is effective May 18, 2020.
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[Federal Register Volume 85, Number 75 (Friday, April 17, 2020)]
[Rules and Regulations]
[Pages 21329-21333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07476]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R07-OAR-2019-0532; FRL-10007-72-Region 7]
Air Plan Approval; Iowa, Kansas, Missouri, Nebraska and Approval
of Operating Permit Program for Iowa and Nebraska; Definition of
Chemical Process Plants Under State Prevention of Significant
Deterioration Regulations and Operating Permit Programs
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the State Implementation Plans (SIPs) for Iowa, Kansas,
Missouri and Nebraska and is also approving revisions to the Operating
Permit Programs for Iowa and Nebraska. The SIP revisions incorporate
changes to the definition of chemical process plants under the States'
Prevention of Significant Deterioration (PSD) regulations and change
the same definition in the approved State operating permit programs.
Consistent with an EPA regulation finalized in 2007, this action
approves several State rules that modify the definition of chemical
process plant to exclude ethanol manufacturing facilities that produce
ethanol by natural fermentation processes. Approving these modified
definitions into the SIP establishes that the PSD major source
applicability threshold in the SIPs for these ethanol plants is 250
tons per year (tpy) (rather than 100 tpy) and removes the requirement
to include fugitive emissions when determining if the source is major
for PSD. In addition, this action approves changes to the Iowa and
Nebraska Title V operating permit programs that remove the requirement
to include fugitive emissions when determining if a source is major for
Title V purposes. The EPA concludes that the changes to the State rules
described herein are approvable because they are consistent with EPA
regulations governing State PSD and Title V programs and will not
interfere with any applicable requirement concerning attainment and
reasonable further progress (as defined in section 171 of the Clean Air
Act (CAA)), or any other applicable requirement of the CAA.
DATES: This final rule is effective on May 18, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2019-0532. 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: William Stone, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-
7714; email address [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA.
Table of Contents
I. What is being addressed in this document?
II. Have the requirements for approval of the SIP and Operating
Permit Plan revisions been met?
III. The EPA's Response to Comments
IV. What actions are the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. What is being addressed in this document?
The EPA is approving revisions to SIPs received by EPA from Iowa on
November 15, 2007, Kansas on November 23, 2009, Missouri on December 7,
2009, and March 20, 2019, and Nebraska on August 28, 2007, and
September 11, 2018. The EPA is also approving revisions to the Iowa and
Nebraska Operating Permit Programs. These revisions conform the State
rules to changes to EPA regulations reflected in the EPA's final rule
entitled ``Prevention of Significant Deterioration, Nonattainment New
Source Review (NA NSR), and Title V: Treatment of Certain Ethanol
Production Facilities Under the `Major Emitting Facility' Definition''
(hereinafter referred to as the ``2007 Ethanol Rule'') as published in
the Federal Register on May 1, 2007 (72 FR 24059). The 2007 Ethanol
Rule amended the PSD definition of ``major stationary source'' to
exclude certain ethanol facilities from the ``chemical process plant''
source category and clarified that the PSD major source applicability
threshold for certain ethanol plants is 250 tpy (rather than 100 tpy).
The 2007 Ethanol Rule also removed the requirement to include fugitive
emissions when determining if the source is major for PSD and Title V
permitting.
II. Have the requirements for approval of the SIP and Operating Permit
Plan revisions been met?
All of the aforementioned regulations are consistent with EPA's PSD
program requirements in 40 CFR 51.166 and Title V program requirements
in 40 CFR part 70, as amended in the 2007 Ethanol Rule. Further, all
submissions have met the public notice requirements for SIP submissions
in accordance with 40 CFR 51.102.
Iowa published a Notice of Intended Action in the Iowa
Administrative Bulletin on August 1, 2007. A public hearing was held on
September 5, 2007. The public comment period closed on September 6,
2007. Iowa received six
[[Page 21330]]
sets of written comments during the public comment period. Iowa
provided a response to each public comment but did not change the rule
based on the comments.
Kansas published the proposed changes in the Kansas Register May
21, 2009. A public hearing was held on July 29, 2009. Kansas received
three comment letters. Only one change was made to the proposed
regulations based on public comments and that change was not relevant
to this action.
Missouri published the proposed changes in the Missouri Register on
December 31, 2008. A public hearing was held on February 3, 2009.
Missouri received fifteen comments and made changes to the proposed
regulations that were not relevant to this action. Missouri made
additional changes to the regulations proposed to be approved by the
EPA in this action that were published in the Missouri Register on
August 1, 2018. Missouri received thirty-seven comments from nine
sources including the EPA. Missouri made some changes to the proposed
regulations that are relevant to this action based on comments received
during the public comment period.
Nebraska published the proposed changes in the Omaha World-Herald
on July 13, 2007. A public hearing was held on August 17, 2007.
Nebraska did not receive any adverse comments for the proposed changes.
The SIP submissions also satisfied the completeness criteria of 40
CFR part 51, appendix V. In addition, these revisions meet the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations. These revisions are also consistent with
applicable EPA requirements of Title V of the CAA and 40 CFR part 70.
III. The EPA's Response to Comments
The public comment period on the EPA's proposed rule was open from
November 12, 2019 through December 12, 2019 (84 FR 60968, November 12,
2019). During this period, EPA received two comments.
Comment 1: The commenter states that the proposed rule should not
be approved because it will release more harmful chemicals into the air
that will negatively impact climate change.
Response 1: The technical support documents (TSDs) that are
available in the docket for the proposed rule explain EPA's reasoning
that emissions increases associated with the proposed action are not
expected to occur. The States affected by this rulemaking have already
implemented the 2007 ethanol rule, and ethanol production has increased
while air quality has improved for every pollutant monitored in each of
the States.
The TSDs also analyze the impact of increasing the threshold to 250
tpy on ozone and particulate matter (PM) precursors in each State. The
analysis for ozone and secondary PM demonstrates that sources of this
size will not cause any interference with attainment or maintenance of
the standards in these States.
The EPA also describes requirements for each State's minor source
NSR program because the facilities that would be below the 250 tpy PSD
major source threshold under this rulemaking will still need to obtain
minor source construction permits. The States are prohibited from
issuing minor source NSR permits that would lead to a violation of the
NAAQS. Additionally, Federal rules such as New Source Performance
Standards and Maximum Achievable Control Technology regulations will
control emissions of pollutants that ethanol plants could emit
regardless of the major source status under PSD.
In addition, this action does not alter the regulation of
greenhouse gas (GHG) emissions, which is a driver of climate change.
Under the CAA, its implementing regulations, and the States' air
regulations, GHG emissions from ethanol plants could increase
regardless of whether the proposed changes to the SIP and Title V
Operating permit programs are approved. Thus this action does not
increase the allowable emissions of GHGs or change how GHGs are
regulated by EPA and each State.
Comment 2: The commenter requests that EPA make corrections to the
revisions to the table in 40 CFR 52.820 in order to clarify the
provisions of 567 Iowa Administrative Code rule 33.3 that are approved
into the SIP, and those that have not been submitted to the EPA for
approval into the SIP.
Response 2: We have made the suggested corrections to the table in
this final rule document in order to correct typographical errors in
previous versions of the table to 40 CFR 52.820. Specifically, in the
explanation column of the table for the EPA-Approved Iowa Regulations,
instead of stating that the provisions of the 2010 PM2.5
PSD-increments SILS and SMCs rule, published in the on October 20,
2010, relating to SILs and SMCs that were affected by the January 22,
2013, U.S. Court of Appeals decisions are not SIP approved, we have
revised the table to state that these provisions are not, at the
State's request, included in Iowa's SIP provisions March 14, 2014.
Also, in the same portion of that table we have removed the
following sentence: ``Iowa's rule incorporating EPA's 2008 `fugitive
emissions rule' (published in the Federal Register on December 19,
2008) is not SIP-approved.'' That sentence was erroneous because Iowa's
SIP approved rule does not include the ``fugitive emissions rule''.
IV. What actions are the EPA taking?
The EPA is approving revisions to the Iowa, Kansas, Missouri and
Nebraska SIPs and the Iowa and Nebraska Operating Permit Programs. We
are taking final action after consideration of the two comments
received on the notice of proposed rulemaking.
The revisions to State rules that EPA is approving change the
definition of ``major stationary source'' under the States' PSD
regulations and the Operating Permit Program for Iowa and Nebraska.
This action approves changes to state regulations, which make clear
that the PSD applicability threshold for certain ethanol plants is 250
tpy and remove the requirement to include fugitive emissions when
determining if an ethanol plant is major for PSD and, in Iowa and
Nebraska, Title V permitting. The EPA has determined that these
revisions are consistent with EPA's PSD and Title V regulations and
that approval of these revisions is consistent with the requirements of
CAA section 110(l) and will not adversely impact air quality. The EPA's
analysis is available in the technical support documents that were
prepared for each State SIP and are in the docket for this action.
Approval of the revisions to these SIPs will ensure consistency between
the State and federally-approved rules and ensure Federal
enforceability of the State's revised air program rules.
V. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference of the
Iowa, Kansas, Missouri, and Nebraska Regulations described in the
amendments to 40 CFR part 52 set forth below. The 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).
These materials have been approved by the EPA for inclusion in the
SIPs and
[[Page 21331]]
have been incorporated by reference by EPA into those plans. Therefore,
they are fully federally enforceable under sections 110 and 113 of the
CAA as of the effective date of of the EPA's final approval (i.e. the
effective date of this action). They will also 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, the 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 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 the 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).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements, Volatile organic compounds.
40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
Reporting and recordkeeping requirements.
Dated: April 3, 2020.
Edward Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA amends 40 CFR parts
52 and 70 as set forth below:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart Q--Iowa
0
2. In Sec. 52.820, the table in paragraph (c) is amended by revising
the entry ``567-33.3'' to read as follows:
Sec. 52.820 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Iowa Regulations
----------------------------------------------------------------------------------------------------------------
State
Iowa citation Title effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
Iowa Department of Natural Resources Environmental Protection Commission [567]
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 33--Special Regulations and Construction Permit Requirements for Major Stationary Sources--Prevention of
Significant Deterioration (PSD) of Air Quality
----------------------------------------------------------------------------------------------------------------
* * * * * * *
567-33.3.................... Special Construction 4/18/2018 4/17/2020, [insert Provisions of the 2010
Permit Requirements Federal Register PM2.5 PSD--Increments,
for Major citation]. SILs and SMCs rule,
Stationary Sources published in the Federal
in Areas Designated Register on October 20,
Attainment or 2010, relating to SILs
Unclassified (PSD). and SMCs that were
affected by the January
22, 2013, U.S. Court of
Appeals decision are
not, at the state's
request, included in
Iowa's SIP provisions
(see Federal Register,
March 14, 2014) (Vol.
79, No. 50).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 21332]]
* * * * *
Subpart R--Kansas
0
3. In Sec. 52.870, the table in paragraph (c) is amended by revising
the entry ``K.A.R. 28-19-350'' to read as follows:
Sec. 52.870 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Kansas Regulations
----------------------------------------------------------------------------------------------------------------
State
Kansas citation Title effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
Kansas Department of Health and Environment Ambient Air Quality Standards and Air Pollution Control
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Construction Permits And Approvals
----------------------------------------------------------------------------------------------------------------
* * * * * * *
K.A.R. 28-19-350............ Prevention of 12/28/2012 4/17/2020, [insert Provisions of the 2010
Significant Federal Register PM2.5 PSD-Increments,
Deterioration (PSD) citation]. SILs and SMCs rule
of Air Quality. relating to SILs and
SMCs that were affected
by the January 22, 2013,
U.S. Court of Appeals
decision are not SIP
approved. Provisions of
the 2002 NSR reform rule
relating to the Clean
Unit Exemption,
Pollution Control
Projects, and exemption
from recordkeeping
provisions for certain
sources using the actual-
to-projected-actual
emissions projections
test are not SIP
approved. In addition,
we have not approved
Kansas rule
incorporating EPA's 2008
``fugitive emissions
rule'' (published in the
Federal Register on
December 19, 2008).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Subpart AA--Missouri
0
4. In Sec. 52.1320, the table in paragraph (c) is amended by revising
the entry ``10-6.060'' to read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
State
Missouri citation Title effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------
* * * * * * *
10-6.060.................... Construction Permits 3/30/2019 4/17/2020, [insert Provisions of the 2010
Required. Federal Register PM2.5 PSD--Increments,
citation]. SILs and SMCs rule
relating to SILs and
SMCs that were affected
by the January 22, 2013
U.S. Court of Appeals
decision are not SIP
approved.
Provisions of the 2002
NSR reform rule relating
to the Clean Unit
Exemption, Pollution
Control Projects, and
exemption from
recordkeeping provisions
for certain sources
using the actual-to-
projected-actual
emissions projections
test are not SIP
approved.
In addition, we have not
approved Missouri's rule
incorporating EPA's 2008
``fugitive emissions
rule'' (published in the
Federal Register on
December 19, 2008).
Although exemptions
previously listed in 10
CSR 10-6.060 have been
transferred to 10 CSR 10-
6.061, the federally-
approved SIP continues
to include the following
exemption, ``Livestock
and livestock handling
systems from which the
only potential
contaminant is odorous
gas.''
Section 9, pertaining to
hazardous air
pollutants, is not SIP
approved.
[[Page 21333]]
EPA previously approved
the 3/30/2016 state
effective date version
of 10 CSR 10-6.060, with
the above exceptions, in
a Federal Register
document published
October 11, 2016. EPA is
only approving section
7, subsection 7(A)(1),
and section 8 from the 3/
30/2019 State effective
date version of 10 CSR
10-6.060. All remaining
revisions to the 3/30/
2019 version of 10 CSR
10-6.060 are not SIP
approved.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Subpart CC--Nebraska
0
5. In Sec. 52.1420, the table in paragraph (c) is amended by revising
the entry ``129-2'' to read as follows:
Sec. 52.1420 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Nebraska Regulations
----------------------------------------------------------------------------------------------------------------
State
Nebraska citation Title effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
STATE OF NEBRASKA
Department of Environmental Quality
Title 129--Nebraska Air Quality Regulations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
129-2....................... Definition of Major 2/6/2008 4/17/2020, [insert .........................
Source. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
PART 70--STATE OPERATING PERMIT PROGRAMS
0
6. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
7. Appendix A to part 70 is amended by:
0
a. Adding paragraph (u) under ``Iowa''.
0
b. Adding paragraph (q) under ``Nebraska; City of Omaha; Lincoln-
Lancaster County Health Department''.
The additions read as follows:
APPENDIX A TO PART 70--APPROVAL STATUS OF STATE AND LOCAL OPERATING
PERMITS PROGRAMS
* * * * *
Iowa
* * * * *
(u) The Iowa Department of Natural Resources submitted revisions
to Iowa Chapter 22.100 ``Definitions for Title V Operating Permits''
on November 15, 2007. The State revised the definition of
``Stationary source categories'' by revising the definition of
``Chemical process plants'' such that fugitive emissions from
certain ethanol production facilities are not considered in
determining whether the facility is subject to Title V permitting.
The state effective date is October 4, 2007. This revision is
effective May 18, 2020.
* * * * *
Nebraska; City of Omaha; Lincoln-Lancaster County Health Department
* * * * *
(q) The Nebraska Department of Environmental Quality submitted
revisions to the Nebraska Administrative Code, Title 129, chapter 2,
section 002.20 on November 19, 2010. Chapter 2, section 002.20 was
revised to exclude ethanol production facilities from the definition
of ``chemical process plants'' such that fugitive emissions are not
considered in determining whether the facility is subject to Title V
permitting. The state effective date is February 6, 2008.
This revision is effective May 18, 2020.
* * * * *
[FR Doc. 2020-07476 Filed 4-16-20; 8:45 am]
BILLING CODE 6560-50-P
