Air Plan Approval; Iowa; Air Quality Implementation Plan-Muscatine Sulfur Dioxide Nonattainment Area and Start-up, Shutdown, Malfunction SIP Call Withdrawal, 73218-73229 [2020-24031]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 85, Number 222 (Tuesday, November 17, 2020)]
[Rules and Regulations]
[Pages 73218-73229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24031]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2017-0416; FRL-10016-10-Region 7]


Air Plan Approval; Iowa; Air Quality Implementation Plan--
Muscatine Sulfur Dioxide Nonattainment Area and Start-up, Shutdown, 
Malfunction SIP Call Withdrawal

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision, submitted by the state of Iowa, 
through the Iowa Department of Natural Resources (IDNR), to the EPA on 
May 26, 2016, for the purpose of providing for attainment of the 2010 
1-hour primary Sulfur Dioxide (SO2) National Ambient Air 
Quality Standard (NAAQS) in the Muscatine County, Iowa nonattainment 
area (NAA). The EPA concludes that Iowa has appropriately demonstrated 
that its SIP provides for attainment with the 2010 1-hour primary 
SO2 NAAQS in the NAA, and that the plan meets the other 
applicable requirements under the Clean Air Act (CAA or Act). As a part 
of approving the attainment demonstration, the EPA is taking final 
action to approve into the Iowa SIP the SO2 emissions limits 
and associated compliance parameters for the NAA. The EPA is also 
applying a policy regarding startup, shutdown, and malfunction (SSM) 
exemption provisions in the Iowa SIP that is consistent with the EPA's 
national policy. In light of this policy and the EPA's evaluation of 
Iowa's SIP, the EPA is withdrawing the SIP call issued to Iowa as part 
of the EPA's 2015 SSM SIP Action.

DATES: This rule will become effective on December 17, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2017-0416. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information may not be publicly available, i.e., 
Confidential Business Information 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 electronically through www.regulations.gov or in hard 
copy at the Atmospheric Programs Section, Air Planning and Development 
Branch, Air and Radiation Division, U.S. Environmental Protection 
Agency, Region 7, 11201 Renner Boulevard, Lenexa, Kansas 66219. The EPA 
requests that if at all possible, you contact the person listed in the 
FOR FURTHER INFORMATION CONTACT section to schedule your inspection. 
The Regional Office's official hours of business are Monday through 
Friday 8:30 a.m. to 4:30 p.m., excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Ashley Keas, Environmental Protection 
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-7629; 
email address: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' and ``our'' is used, we mean the EPA.

Table of Contents

I. Background for This Action
    A. The Muscatine Attainment Plan
    B. The EPA's 2015 SSM SIP Action
    C. The SSM SIP Call for Iowa
    D. The EPA's 2020 SSM SIP Guidance Memorandum
II. The EPA's Evaluation of the Iowa SIP
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background for This Action

A. The Muscatine Attainment Plan

    On June 22, 2010, the EPA published a new 1-hour primary 
SO2 NAAQS of 75 parts per billion (ppb), which is met at an 
ambient air quality monitoring site when the 3-year average of the 
annual 99th percentile of daily maximum 1-hour average concentrations 
does not exceed 75 ppb, as determined in accordance with appendix T of 
40 CFR part 50.\1\ On August 5, 2013, the EPA designated the first set 
of areas of the country as nonattainment for the 2010 1-hour 
SO2 NAAQS, including the partial Muscatine County NAA in 
Iowa.\2\ The designations were effective

[[Page 73219]]

October 4, 2013, which triggered a requirement for Iowa to submit a SIP 
revision with a plan for how the Muscatine NAA would attain the 2010 1-
hour SO2 NAAQS as expeditiously as practicable in accordance 
with CAA sections 110, 172 and 191-192. Section 191(a) of the CAA 
directs states to submit SIPs for areas designated as nonattainment for 
the 2010 1-hour SO2 NAAQS to the EPA within 18 months of the 
effective date of the designation, i.e., by no later than April 4, 
2015, in this case. Section 192(a) requires that such plans provide for 
NAAQS attainment as expeditiously as practicable, but no later than 5 
years from the effective date of the nonattainment designation, i.e., 
no later than October 4, 2018 in this case. Section 172(c) of part D of 
title I of the CAA lists the required components of a NAA plan 
submittal. The base year emissions inventory (section 172(c)(3)) is 
required to show a ``comprehensive, accurate, current inventory'' of 
all relevant pollutants in the NAA. The NAA plan must identify and 
quantify any expected emissions from the construction of new sources to 
account for emissions in the area that might affect reasonable further 
progress (RFP) toward attainment, or that might interfere with 
attainment and maintenance of the NAAQS, and it must provide for a 
nonattainment new source review (NNSR) program (section 172(c)(5)). The 
attainment demonstration must include a modeling analysis showing that 
the enforceable emissions limitations and other control measures taken 
by the state will provide for RFP and expeditious attainment of the 
NAAQS (section 172(c)(2), (4), (6) and (7)). The NAA plan must include 
an analysis of the reasonably available control measures (RACM) 
considered, including reasonably available control technology (RACT) 
(section 172(c)(1)). Finally, the attainment plan must provide for 
contingency measures (section 172(c)(9)) to be implemented either in 
the case that RFP toward attainment is not made, or in the case that 
the area fails to attain the NAAQS by the attainment date. The EPA's 
regulations at 40 CFR part 51, subparts F and G further prescribe the 
procedural and substantive requirements attainment plans must meet in 
order to obtain the EPA's approval.
---------------------------------------------------------------------------

    \1\ See 75 FR 35520, codified at 40 CFR 50.17(a)b).
    \2\ See 78 FR 47191, codified at 40 CFR part 81, subpart C.
---------------------------------------------------------------------------

    On April 23, 2014, the EPA issued a guidance document entitled, 
``Guidance for 1-Hour SO2 Nonattainment Area SIP 
Submissions'' (hereafter April 2014 Guidance).\3\ The April 2014 
Guidance provides recommendations for the development of SO2 
attainment SIPs to satisfy CAA requirements for NAAs (see, e.g., 
sections 172 and 191-192). As detailed in the EPA's April 2014 
guidance, such attainment plans are to contain six CAA-required 
elements: An emissions inventory of current emissions for all sources 
of SO2 within the NAA; a NNSR permit program; an attainment 
demonstration using an EPA-approved air dispersion model; contingency 
measures; RFP; and implementation of a control strategy. The state 
noted that as part of its control strategy, 58 construction permits in 
the attainment plan relied on the SIP-called SSM-related provisions in 
Iowa Administrative Code (IAC) 567-24.1(1) (``Condition 6'' of each 
permit). Therefore, the state's NAA plan SIP submission requested that 
the EPA not act on Condition 6 of the included permits, and accordingly 
this language is not incorporated into the SIP.\4\ An attainment 
demonstration must also meet the requirements of 40 CFR 51.112 and part 
51, appendix W, and include inventory data, modeling results, and 
emissions reduction analyses on which the state has based its projected 
attainment. The April 2014 Guidance also discusses the option to 
utilize emission limits with longer averaging times of up to 30 days so 
long as the state meets various suggested criteria to ensure attainment 
of the 2010 1-hour SO2 NAAQS.
---------------------------------------------------------------------------

    \3\ Guidance for 1-Hour SO2 Nonattainment Area SIP 
Submissions; April 23, 2014.
    \4\ As discussed in section II of this document, the EPA Region 
7 Office is taking final action to apply the policy related to SSM 
provisions in the Iowa SIP as also detailed in the June 22, 2020, 
proposal and therefore is also withdrawing the SIP call issued to 
Iowa as part of the EPA's 2015 SSM SIP Action. For these reasons, if 
Iowa requests that the EPA act on Condition 6 of the 58 construction 
permits submitted to the EPA as part of the control strategy for the 
attainment plan, the EPA could propose to approve those provisions 
based on the rationale set forth in this document as well as in the 
prior proposals and associated RTC document.
---------------------------------------------------------------------------

    On March 18, 2016, the EPA published a document that the state of 
Iowa failed to submit the required SO2 attainment plan for 
the Muscatine area by the SIP submittal deadline.\5\ This finding 
initiated a deadline under CAA section 179(a) for the potential 
imposition of new source and highway funding sanctions. Iowa submitted 
an attainment demonstration for the Muscatine NAA on May 26, 2016 and 
the SIP became complete by operation of law on November 26, 2016. Due 
to the SIP submittal becoming complete by operation of law, the 
sanctions under section 179(a) were never imposed. Additionally, under 
CAA section 110(c), the finding triggered a requirement that the EPA 
promulgate a Federal Implementation Plan (FIP) within two years of the 
finding unless, by that time (a) the state has made the necessary 
complete submittal and (b) the EPA has approved the submittal as 
meeting applicable requirements. With this final action to approve the 
Iowa SIP, the EPA's statutory obligation to issue a FIP no longer 
applies.
---------------------------------------------------------------------------

    \5\ See 81 FR 14736.
---------------------------------------------------------------------------

    On August 24, 2017, the EPA proposed to approve Iowa's SIP 
submittal, which included all the specific attainment planning elements 
mentioned previously and new SO2 emission limits at Grain 
Processing Corporation (GPC), Muscatine Power and Water (MPW), and 
Monsanto, the three primary SO2 sources located inside the 
boundaries of the NAA.\6\ The emission limits at MPW have an averaging 
time of 21 days, longer than the 1-hour form of the primary 
SO2 NAAQS. These longer-term average limits were developed 
in accordance with the April 2014 Guidance. The 30-day public comment 
period closed on September 25, 2017. The EPA received three sets of 
comments on the proposed approval of Iowa's SIP submission. One set of 
comments was from an anonymous source and was in support of the 
proposed rule, a second set of comments was from the Sierra Club, and a 
third set of comments was from the Iowa Environmental Council (IEC), 
both of which were adverse to the proposed rule. All of the public 
comments are available in the docket for this final rulemaking action. 
Among the adverse comments, the EPA received comment suggesting that 
insufficient information was provided in the docket to allow the 
reviewer the ability to fully evaluate the attainment plan and the 
EPA's proposed action to approve it. Another comment similarly stated 
that insufficient emissions inventory information for the 2018 
attainment year was provided in the proposed action.
---------------------------------------------------------------------------

    \6\ See 82 FR 40086.
---------------------------------------------------------------------------

    As a result of these comments suggesting insufficient information 
was available, on January 9, 2018, the EPA published, in the Federal 
Register, a supplemental notice of proposed rulemaking (SNPRM) that: 
(1) Provided additional information in the docket and clarified that 
all information, including large files, were available upon request; 
(2) provided an updated 2018 projected emissions inventory; \7\ and (3) 
re-opened the comment period to afford the public an opportunity to 
comment on the specific additions of

[[Page 73220]]

information only.\8\ The 30-day public comment period closed on 
February 9, 2018. The EPA received eight sets of comments during the 
public comment period for the supplemental notice. One set of comments 
from the Sierra Club and one set of comments from an anonymous 
submitter were adverse to the proposed action. The Sierra Club comments 
were largely related to the longer-term average limits for MPW, while 
the anonymous submitter requested additional modeling information. Six 
sets of comments were not directly related to the proposed action.
---------------------------------------------------------------------------

    \7\ IDNR concurred with the EPA's updated emissions inventory 
via email dated December 18, 2017. See Document Q in the docket for 
this action.
    \8\ See 83 FR 997.
---------------------------------------------------------------------------

    On both the August 24, 2017, and January 9, 2018, notices of 
proposed rulemaking, the EPA received adverse comments related to SSM 
provisions in the Iowa SIP. As a result of adverse comments received on 
the proposal actions, the EPA published a second SNPRM on June 22, 
2020, to provide additional detail regarding technical support for 
approving the attainment demonstration and control strategy submitted 
by Iowa for the Muscatine NAA. This proposal also detailed the policy 
under consideration by the EPA Region 7 Office related to SSM 
provisions in the Iowa SIP and, if adopted, proposed to withdraw the 
SIP call issued to Iowa as part of the EPA's 2015 SSM SIP Action. The 
30-day public comment period closed on July 22, 2020. The EPA received 
three sets of comments during this third public comment period. Two 
sets of comments, one from the SSM Coalition and one from NEDACAP 
(National Environmental Development Association's Clean Air Project), 
were supportive of the EPA's proposed action. The third set of comments 
represents a joint set of adverse comments submitted by several 
environmental and public health organizations (Earthjustice, 
Environmental Integrity Project, Iowa Environmental Council, Natural 
Resources Defense Council, and Sierra Club). All of the public comments 
received on the three aforementioned proposals \9\ are included in the 
public docket for this action at www.regulations.gov. Also included in 
the docket for this action is a Response to Comment (RTC) document 
which includes summaries of the adverse comments received on the three 
proposals along with the EPA's responses to those comments. No response 
is needed for comments in support of or not related to the proposed 
actions. For a comprehensive discussion of Iowa's SO2 
attainment SIP and the EPA's analysis and rationale for approval, 
please also refer to the August 24, 2017, January 9, 2018, and June 22, 
2020, proposed rulemakings.\10\ The EPA also updated Document A, 
``Index of Docket Documents'' in the docket to this rulemaking for ease 
of referencing supporting materials for this action.
---------------------------------------------------------------------------

    \9\ See 82 FR 40086, 83 FR 997, and 85 FR 37405, respectively.
    \10\ See 82 FR 40086, 83 FR 997, and 85 FR 37405, respectively.
---------------------------------------------------------------------------

B. The EPA's 2015 SSM SIP Action

    On June 30, 2011, Sierra Club (Petitioner) filed a petition for 
rulemaking (petition) asking the EPA to consider how identified air 
agency rules in the EPA-approved SIPs treated excess emissions during 
periods of startup, shutdown, or malfunction of industrial process or 
emission control equipment. On July 12, 2015, the EPA responded to the 
petition, restated and updated its national policy regarding SSM 
provisions in SIPs, and found pursuant to CAA section 110(k)(5) that a 
number of the identified provisions were ``substantially inadequate'' 
to meet Clean Air Act requirements, requiring certain states to amend 
those provisions.\11\ This action is referred to as the 2015 SSM SIP 
Action.\12\ In the 2015 SSM SIP Action, among other things, the EPA 
defined the following terms:
---------------------------------------------------------------------------

    \11\ A CAA section 110(k)(5) finding of substantial inadequacy 
is known as a ``SIP call'' and referenced as such in this action.
    \12\ See 80 FR 33840.
---------------------------------------------------------------------------

Automatic Exemption

    A generally applicable provision in a SIP that would provide 
that if certain conditions existed during a period of excess 
emissions, then those exceedances would not be considered violations 
of the applicable emission limitations.\13\
---------------------------------------------------------------------------

    \13\ See 80 FR 33840, page 33842.
---------------------------------------------------------------------------

Emission Limitation

    In the context of a SIP, a legally binding restriction on 
emissions from a source or source category, such as a numerical 
emission limitation, a numerical emission limitation with higher or 
lower levels applicable during specific modes of source operation, a 
specific technological control measure requirement, a work practice 
standard, or a combination of these things as components of a 
comprehensive and continuous emission limitation in a SIP provision. 
In this respect, the term emission limitation is defined as in 
section 302(k) of the CAA. By definition, an emission limitation can 
take various forms or a combination of forms, but in order to be 
permissible in a SIP it must be applicable to the source 
continuously, i.e., cannot include periods during which emissions 
from the source are legally or functionally exempt from regulation. 
Regardless of its form, a fully approvable SIP emission limitation 
must also meet all substantive requirements of the CAA applicable to 
such a SIP provision, e.g., the statutory requirement of section 
172(c)(1) for imposition of reasonably available control measures 
and reasonably available control technology (RACM and RACT) on 
sources located in designated NAAs.\14\
---------------------------------------------------------------------------

    \14\ See 80 FR 33840, page 33842.

    The EPA used the U.S. Court of Appeals for the D.C. Circuit's 
decision in Sierra Club v. Johnson, 551 F.3d 1019 (D.C. Cir. 2008) 
(Sierra Club), to further support its position in the 2015 SSM SIP 
Action that SIPs may not contain SSM exemption provisions. In Sierra 
Club, the D.C. Circuit reviewed an EPA rule promulgated pursuant to CAA 
section 112 that contained an automatic SSM exemption and found that 
``the SSM exemption violates the CAA's requirement that some section 
112 standard apply continuously.'' \15\ In the 2015 SSM SIP Action, the 
EPA applied the Sierra Club court's interpretation of CAA section 
302(k) definition of ``emission limitation'' in the CAA section 112 
context to the requirements of CAA section 110. CAA section 
110(a)(2)(A) provides that SIPs shall include ``enforceable emission 
limitations and other control measures, means, or techniques . . . as 
may be necessary or appropriate to meet the applicable requirements of 
this chapter.'' The EPA's application of the Sierra Club decision to 
CAA section 110 SIP requirements rested on the Agency's premise that 
the D.C. Circuit's interpretation of the definition of ``emission 
limitation'' in CAA section 302(k) applied generally to the Act. The 
EPA thus determined that Sierra Club was consistent with the EPA's 
national policy at that time, expressed through previously issued 
guidance documents and regulatory actions prohibiting exemption 
provisions for otherwise applicable emission limits in SIPs (such as 
automatic exemptions granted for startup, shutdown, and malfunction 
events). Based on this premise, the EPA interpreted the lack of 
continuous control as creating a substantial risk that exemptions could 
permit excess emissions that could ultimately result in a NAAQS 
violation.
---------------------------------------------------------------------------

    \15\ 551 F.3d at 1027-1028.
---------------------------------------------------------------------------

C. The SSM SIP Call for Iowa

    As part of the Agency's response to the 2011 petition from Sierra 
Club, the EPA evaluated dozens of existing SIP provisions across 
numerous states--including the Iowa SIP--related to automatic excess 
emission exemptions for consistency with the EPA's national

[[Page 73221]]

policy at that time. As a result, the EPA issued findings in its 2015 
SSM SIP Action that certain SIP provisions for 36 states (including 
Iowa) were substantially inadequate to meet CAA requirements. In the 
2015 SSM SIP Action, the EPA granted the Sierra Club's petition with 
respect to IAC subrule 567-24.1(1), finding that the provision was 
substantially inadequate and issuing a SIP call for that provision, and 
the EPA denied the petition with respect to IAC 567-
24.1(4).16 17
---------------------------------------------------------------------------

    \16\ IAC 567-24.1(1) states that excess emissions during a 
period of startup, shutdown, or cleaning of control equipment is not 
a violation of the emission standard if the startup, shutdown or 
cleaning is accomplished expeditiously and in a way that is 
consistent with good practice for minimizing emissions.
    \17\ IAC 567-24.1(4) states that incidents of excess emissions 
(other than an incident during start-up, shutdown or cleaning of 
control equipment) are violations. If the source believes that the 
excess emissions are due to a malfunction the source must meet the 
burden of proof that the incident was not preventable by reasonable 
maintenance and control measures. Meeting the burden of proof does 
not guarantee that the excess emissions will not be enforced; the 
rule states that enforcement will be considered after review of the 
source's report.
---------------------------------------------------------------------------

    In the 2015 SSM SIP Action, the EPA found IAC 567-24.1(1) to be 
substantially inadequate to meet the requirements of the Act on the 
basis that this provision automatically allows for exemptions from the 
otherwise applicable SIP emission limitations, which was found at the 
time to be inconsistent with CAA sections 110(a)(2)(A), 110(a)(2)(C), 
and 302(k).\18\ Specifically, IAC 567-24.1(1) explicitly states that 
excess emissions during periods of startup, shutdown, and cleaning of 
control equipment are not violations of the emission standard.\19\ Iowa 
has not submitted a SIP revision in response to the SIP call issued for 
IAC 567.24.1(1).
---------------------------------------------------------------------------

    \18\ See 80 FR 33969.
    \19\ The provision does not provide for an exemption during 
periods of malfunction. However, for ease of reference, the EPA 
Region 7 Office refers to Iowa's provision as an ``SSM'' provision 
in order to align with public comments which regularly reference 
``SSM'' events and provisions.
---------------------------------------------------------------------------

D. The EPA's 2020 SSM SIP Guidance Memorandum

    On October 9, 2020, the EPA issued a Guidance Memorandum outlining 
a new national policy related to specific SIP provisions governing 
excess emissions during SSM events.\20\ The new guidance memorandum 
superseded the guidance provided in the 2015 SSM SIP Action on 
automatic exemption and affirmative defense provisions, but did not 
alter the determinations made in the 2015 SSM SIP Action that 
identified specific state SIP provisions that were substantially 
inadequate to meet the requirements of the Act. Specifically, in this 
guidance memorandum, the EPA expressed that exemption provisions--both 
those referred to as ``automatic exemptions'' \21\ and those termed 
``director discretion provisions'' \22\ in the 2015 SSM SIP Action--may 
be permissible in SIPs under certain circumstances. The general 
requirements in CAA section 110 to attain and maintain the NAAQS and 
the latitude provided to states through the SIP development process 
create a framework in which a state may be able to ensure attainment 
and maintenance of the NAAQS notwithstanding the presence of SSM 
exemptions in the SIP. It is permissible for a SIP to contain SSM 
exemptions only if the SIP is composed of numerous planning 
requirements that are collectively NAAQS-protective by design. Such 
redundancy helps to ensure that the NAAQS are both attained and 
maintained, which was Congress's goal in creating the SIP development 
and adoption process. In evaluating whether the requirements of a SIP 
are collectively NAAQS protective despite the inclusion of an SSM 
exemption provision, the EPA will conduct an in-depth analysis of the 
SIP, including a multifactor, weight-of-the-evidence exercise that 
balances many considerations.
---------------------------------------------------------------------------

    \20\ Memorandum from Administrator Wheeler to Regional 
Administrators, dated October 9, 2020, titled ``Inclusion of 
Provisions Governing Periods of Startup, Shutdown, and Malfunctions 
in State Implementation Plans.'' https://www.epa.gov/air-quality-implementation-plans/guidance-inclusion-provisions-governing-periods-startup-shutdown.
    \21\ ``Automatic exemption'' means a generally applicable 
provision in a SIP that would provide that if certain conditions 
existed during a period of excess emissions, then those exceedances 
would not be considered violations of the applicable emission 
limitations.
    \22\ The term ``director's discretion provision'' means, in 
general, a regulatory provision that authorizes a state regulatory 
official unilaterally to grant exemptions or variances from 
otherwise applicable emission limitations or control measures, or to 
excuse noncompliance with otherwise applicable emission limitations 
or control measures.
---------------------------------------------------------------------------

    The policy contained in the 2015 SSM SIP Action--that SIPs that 
included exemption provisions cannot be consistent with CAA 
requirements--was predicated on the idea that an emission limitation or 
standard could not apply continuously, in line with the CAA section 
302(k)'s definition of ``emission limitation,'' if the SIP permitted 
exemptions for any period of time from the emission limitation or 
standard. Under this policy, the presumed lack of ``continuous emission 
limitations or standards'' was viewed as creating a substantial risk 
that exemptions could permit excess emissions that could ultimately 
result in a NAAQS violation. However, for SIPs with overlapping 
planning requirements that together ensure attainment and maintenance 
of the NAAQS, a prohibition on exemption provisions was unnecessary and 
came at the expense of state autonomy and flexibility. The EPA now 
believes that the general requirements in CAA section 110 to attain and 
maintain the NAAQS and the inherent flexibilities of the SIP 
development process create a continuous framework in which a state may, 
depending on the other features of its SIP, be able to ensure 
attainment and maintenance of the NAAQS notwithstanding the presence of 
SSM exemptions in a SIP.
    The 2015 SSM SIP Action cited the D.C. Circuit's decision in Sierra 
Club, as discussed in section I.B. of this document, as support for the 
position that SIPs may not contain SSM exemption provisions. The EPA's 
application of the Sierra Club decision to CAA section 110 SIP 
requirements rested on the Agency's premise that the D.C. Circuit's 
interpretation of the definition of ``emission standards'' in CAA 
section 302(k) applied generally to the whole Act. Although the Sierra 
Club decision does not allow sources to be exempt from complying with 
CAA section 112 emission standards during periods of SSM, that holding 
is not binding on the EPA's consideration of SIPs under CAA section 
110. In the Sierra Club decision, the court explained, ``[i]n requiring 
that sources regulated under section 112 meet the strictest standards, 
Congress gave no indication that it intended the application of MACT 
standards to vary based on different time periods.'' 551 F.3d at 1028. 
That is, the court found that when the EPA promulgates standards 
pursuant to CAA section 112, a single or some combination of CAA 
section 112-compliant standards must apply continuously, but the court 
did not make any statement applying its holding beyond CAA section 112. 
Cf. Sierra Club, 551 F.3d at 1027 (``When sections 112 and 302(k) are 
read together, then, Congress has required that there must be 
continuous section 112-compliant standards.'') See also id. 
(``[s]ection 302(k)'s inclusion of this broad phrase in the definition 
of `emission standard' suggests that emissions reduction requirements 
`assure continuous emission reduction' without necessarily continuously 
applying a single standard.''). The general duty provision that applied 
during SSM periods was ``neither `a separate and independent standard 
under CAA section 112(d),' nor `a free-

[[Page 73222]]

standing emission limitation that must independently be in compliance' 
with section 112(d), nor an alternative standard under section 
112(h).'' Id. at 1028. The decision itself did not address whether the 
rationale articulated with respect to SSM exemptions in CAA section 112 
rules applies to SIPs approved under section 110. It also did not 
address what forms of SIP provisions could combine to appropriately 
create continuous protections.
    The EPA took the position in the 2015 SSM SIP Action that the legal 
reasoning in Sierra Club applied equally to CAA section 112 rules and 
section 110 approved SIPs. More specifically, in the 2015 SSM SIP 
Action, the EPA interpreted CAA section 302(k)'s definition of 
``continuous'' to apply broadly to both sections 112 and 110. But 
further consideration has shown that an alternative reading of the 
relevant statutory sections is superior as a matter of both law and 
policy.
    Fundamentally, CAA sections 112 and 110 have different goals and 
establish different approaches for implementation by the state and the 
EPA. The court in Sierra Club recognized that Congress intended ``that 
sources regulated under section 112 meet the strictest standards,'' a 
requirement without a similar analog in CAA section 110. Sierra Club at 
1028. CAA section 112 sets forth specific standards for specific source 
categories once they are listed for regulation pursuant to CAA section 
112(c). Once listed, the statute directs the EPA (not the states) to 
use a specific and exacting process to establish nationally applicable, 
category-wide, technology-based emissions standards. See 42 U.S.C. 
7412(d) (requiring the EPA to establish emission standards, known as 
``maximum available control technology'' or ``MACT'' standards, for 
major sources that ``require the maximum degree of reduction in 
emissions of the hazardous air pollutants subject to this section'' 
that the EPA determines is achievable considering statutory factors). 
States do not have a role in establishing section 112 standards and do 
not generally enjoy flexibility in determining how the ultimate 
requirements of CAA section 112 will be met.
    In contrast, the CAA sets out a different requirement for section 
110 SIPs, reflecting that SIP development and implementation rely on a 
federal-state partnership and are designed to be flexible for each 
state's circumstances. The CAA sets the minimum requirements to attain, 
maintain, and enforce ambient air quality standards, while allowing 
each state to customize its own approach for the sources and air 
quality challenges specific to its own circumstances. It is important 
to note that the EPA sets the NAAQS for each criteria pollutant \23\ to 
provide the requisite degree of protection for public health and 
welfare, but does not direct the states on how to achieve the NAAQS. 
Implementation of the NAAQS, then, is fundamentally different in nature 
than the source-specific standards the EPA issues under section 112. 
Therefore, the D.C. Circuit's concern that section 112 standards must 
apply ``continuously'' to regulate emissions from a particular source 
are not necessarily applicable in the context of section 110, where a 
state's plan may contain a broad range of measures, including limits on 
the emissions of multiple pollutants from multiple sources of various 
source categories--all directed towards Congress's broad goal of timely 
attainment and maintenance the NAAQS.
---------------------------------------------------------------------------

    \23\ Pursuant to CAA section 108, the EPA was required to 
publish a list including each air pollutant (and air quality 
criteria for such pollutant)--emissions of which, cause or 
contribute to air pollution which may reasonably be anticipated to 
endanger public health or welfare and the presence of which in the 
ambient air results from numerous or diverse mobile or stationary 
sources. Pursuant to CAA section 109, the EPA was required to 
publish regulations prescribing a national primary ambient air 
quality standard and a national secondary ambient air quality 
standard for each air pollutant for which air quality criteria had 
been issued.
---------------------------------------------------------------------------

    It is important also to note that the list of potential CAA section 
110(a)(2)(A) measures that a state may implement are required only ``as 
may be necessary or appropriate to meet the applicable requirements of 
this chapter.'' This language suggests that Congress intended to give 
states the flexibility to craft a plan that makes the most sense for 
that state, so long as the set of emissions limitations, control 
measures, means and techniques, when taken as a whole, meet the 
requirements of attaining and maintaining the NAAQS.
    Because the purposes and mechanisms of CAA sections 110 and 112 are 
different, it is reasonable to interpret the same term (emission 
limitation) to have different meanings in those sections; a singular 
interpretation may not necessarily apply statute-wide. The U.S. Supreme 
Court has recognized that principles of statutory construction are not 
so rigid as to necessarily require that the same terminology has the 
exact same meaning in different parts of the same statute. See Envtl. 
Defense v. Duke Energy Corp., 549 U.S. 561, 574 (2007). The Court 
explained in Duke Energy that there is ``no effectively irrebuttable 
presumption that the same defined term in different provisions of the 
same statute must be interpreted identically.'' Id. at 575-6. ``Context 
counts,'' stated the Court; terms can have ``different shades of 
meaning'' reflecting ``different implementation strategies'' even in 
the same statute. Id. at 574, 76 (citations omitted). See also Utility 
Air Regulatory Group v. EPA, 573 U.S. 302, 320 (2014) (``a statutory 
term--even one defined in the statute--may take on distinct characters 
from association with distinct statutory objects calling for different 
implementation strategies.'' (citations omitted)). Indeed, the D.C. 
Circuit's decision interpreting section 112 acknowledged that ``the 
court must examine the meaning of certain words or phrases in 
context.'' Sierra Club, 551 F.3d at 1027.
    The text of CAA section 110(a)(2)(A) reflects the increased 
flexibility built into section 110 as compared to section 112. The 
requirement that the ``emissions standards'' the EPA issues under 
section 112, see, e.g., section 112(c)(2), apply continuously may, as 
the D.C. Circuit held, prevent the EPA from providing SSM exemptions in 
those standards. However, at the same time, it is reasonable to 
interpret the concept of continuous ``emission limitations'' in a SIP 
to be focused not on a single standard that applies invariably, but 
rather on whether the various components of the state's SIP operate 
together in a continuous manner to ensure attainment and maintenance of 
the NAAQS. Unlike section 112, which relies exclusively on ``emissions 
standards,'' section 110 relies on a web of potential control 
mechanisms--``emission limitations and other control measures, means or 
techniques (including economic incentives . . .), as well as schedules 
and timetables for compliance.'' And section 110 gives the State 
discretion to choose among these mechanisms ``as may be necessary or 
appropriate to meet the applicable requirements of this chapter.'' 
Therefore, it is reasonable to conclude that the Sierra Club decision's 
disapproval of SSM provisions under section 112 should not be extended 
to CAA section 110.
    Determining whether a specific exemption provision will be 
permissible in an identified state SIP will involve an in-depth 
analysis of the SIP to determine whether it is composed of numerous 
planning requirements that are, when taken collectively, protective of 
the NAAQS. The EPA anticipates that this will be a multifactor, weight-
of-the evidence exercise that balances many considerations. In such an 
instance, the EPA believes it may conclude that a SIP

[[Page 73223]]

adequately provides for attainment and maintenance of the NAAQS, even 
if the SIP allows exemptions to specific emission limits for discrete 
periods, such as SSM events. A state may be able to demonstrate that a 
combination of emission limitations ``as may be necessary or 
appropriate'' that apply during normal operations but not during SSM 
periods and ``other control measures, means, or techniques'' that may 
apply during SSM periods--such as general duty provisions in the SIP 
with respect to criteria pollutants, work practice standards, best 
management practices, or alternative emission limits--are protective of 
the NAAQS.
    In addition to reviewing any information provided by the state, the 
EPA may consider other available evidence and provide additional 
analysis, as necessary, when reviewing SSM emission limitation 
exemptions in SIPs. For example, the EPA could also consider a state's 
air quality and whether a state has any current nonattainment areas for 
a NAAQS as factors in its overall weight-of-the-evidence analysis, 
particularly when considering whether to withdraw a SIP call issued in 
2015 for an exemption provision. A state's SIP provisions may be more 
likely to be protective of the NAAQS where the State has already 
attained the NAAQS and its current air quality does not exceed the 
standard.
    The EPA will also consider the SSM provision itself. For example, a 
requirement that sources use best practicable air pollution control 
practices to minimize emissions during startup, shutdown, or 
malfunction periods may be considered favorably in determining whether 
a given exemption provision (in combination with the other provisions 
of the SIP) is approvable. If the provision contains limitations on 
whether SSM events are considered emission standard violations or 
requires that source owners or operators limit the duration and 
severity of SSM events, it may be reasonable to conclude that such a 
provision, when considered alongside other factors, will not jeopardize 
a state's ability to attain and maintain the NAAQS.

II. The EPA's Evaluation of the Iowa SIP

    As a result of adverse comments received on the prior proposal 
actions, the EPA Region 7 Office published a second SNPRM on June 22, 
2020, to provide additional detail regarding technical support for 
approving the attainment demonstration and control strategy submitted 
by Iowa for the Muscatine NAA. Also in that SNPRM, the EPA Region 7 
Office announced that it was considering adopting a policy regarding 
SSM exemption provisions in the Iowa SIP, and, if adopted, proposed to 
withdraw the SIP call issued to Iowa as part of the 2015 SSM SIP 
Action. During the course of preparing a final decision on the June 22, 
2020 proposal to withdraw the SIP call issued to Iowa, the EPA issued a 
guidance memorandum containing a new national policy addressing SSM 
exemption provisions in SIPs, as discussed in section I.D. of this 
document. In reliance on the rationale articulated both in the June 22, 
2020 proposal and the RTC document associated with this final action, 
and consistent with this new national policy, the EPA is taking final 
action to withdraw the SIP call issued to Iowa as part of the EPA's 
2015 SSM SIP Action.
    Related to the SSM exemption provisions in the Iowa SIP, and as 
detailed in the EPA's June 22, 2020, NPRM, the EPA Region 7 Office 
evaluated the Iowa SIP and identified numerous provisions in the SIP 
that, when taken as a whole, demonstrate that the SIP in its entirety 
is protective of the NAAQS.\24\ Specifically, as detailed later in this 
section as well as in the June 22, 2020 NPRM, the Iowa SIP includes a 
series of overlapping requirements that provide for robust testing, 
reporting, and accountability for sources, including during periods of 
excess emissions. Such overlapping requirements enable Iowa Department 
of Natural Resources (IDNR) to implement the NAAQS, allowing IDNR to 
maintain oversight, work with sources to maintain compliant operation, 
and, if necessary, enforce against sources.
---------------------------------------------------------------------------

    \24\ See 85 FR 37405.
---------------------------------------------------------------------------

    Although IAC 567-24.1(1) was SIP called as part of the EPA's 2015 
SSM SIP Action, the provision contains limitations on whether SSM 
events are considered emission standard violations and requires that 
source owners or operators limit the duration and severity of SSM 
events. IAC 567-24.1(1) states:

24.1(1) Excess emission during a period of startup, shutdown, or 
cleaning of control equipment is not a violation of the emission 
standard if the startup, shutdown or cleaning is accomplished 
expeditiously and in a manner consistent with good practice for 
minimizing emissions. Cleaning of control equipment which does not 
require the shutdown of the process equipment shall be limited to 
one six-minute period per one-hour period.

    While the subrule does allow for an exemption for excess emissions, 
it also provides for two key backstops that protect air quality and 
help to ensure attainment and maintenance of the NAAQS: (1) Startup, 
shutdown and cleaning is to be accomplished expeditiously; and, (2) 
startup, shutdown, and cleaning is to be accomplished in a way that is 
consistent with good practice for minimizing emissions. IAC 567-24.1(4) 
clarifies that an ``expeditious manner'' is the time necessary to 
determine the cause of the excess emissions and to correct it within a 
reasonable period of time. IAC 567-24.1(4) also states that a 
``reasonable period of time'' is eight hours plus the period of time 
required to shut down the process without damaging the process or 
control equipment.
    In addition to backstops built into the exemption provision itself, 
the remainder of Iowa's SIP contains further protections. On March 22, 
2018, the EPA approved Iowa's 2010 SO2 infrastructure SIP as 
submitted to the EPA on July 29, 2013. Therefore, Iowa has the 
requisite statutory authority that provides an adequate framework for 
attaining and maintaining the NAAQS.\25\ As detailed in the EPA Region 
7 Office's technical support document for Iowa's 2010 SO2 
infrastructure SIP approval, the director of the IDNR has the duty to 
ensure that the NAAQS is attained and maintained in accordance with 
federal laws and regulations, and is granted broad oversight, 
authority, and discretion with which to do so.\26\
---------------------------------------------------------------------------

    \25\ See 83 FR 12486.
    \26\ See 83 FR 12486. The technical support document is included 
in the docket for the final action on Iowa's 2010 SO2 
infrastructure SIP at Docket ID: EPA-R07-OAR-2017-0267.
---------------------------------------------------------------------------

    Iowa Code 455B.132 designates IDNR as the Agency to prevent, abate, 
or control air pollution. The Environmental Protection Commission (EPC) 
governs the environmental services of IDNR and has the duty to develop 
emission limits and compliance schedules in order to abate, control, 
and prevent air pollution.\27\ The EPC adopts, amends, or repeals rules 
that are necessary to obtain approval of the state SIP under CAA 
section 110.\28\ The EPC is also charged with adopting, amending, or 
repealing ambient air quality standards necessary to protect public 
health and welfare.\29\ Furthermore, 455B.134(9) states that the 
director shall issue orders consistent with rules to cause the 
abatement or

[[Page 73224]]

control of air pollution, or to secure compliance with permit 
conditions.
---------------------------------------------------------------------------

    \27\ Iowa Code 455B.133.1 (``Duties''). The EPC is a panel of 
nine citizens who provide policy oversight over Iowa's environmental 
protection efforts. The EPC's members are appointed by the Governor 
and confirmed by vote of the Senate for 4-year terms.
    \28\ Iowa Code 455B.133.2.
    \29\ Iowa Code 455B.133.4.
---------------------------------------------------------------------------

    The IDNR director's duty to ensure the NAAQS is attained and 
maintained is reflected in specific provisions throughout Iowa's SIP, 
as detailed below. First, in adopting the NAAQS into its state 
regulations, IAC 567-28.1 requires that IDNR implement the NAAQS ``in a 
time frame and schedule consistent with implementation schedules in 
federal laws and regulations.'' For NAAs, CAA section 172(c), among 
other relevant statutory provisions, requires state plans to provide 
for attainment as expeditiously as practicable and for the 
implementation of reasonable available control measures (RACM) as 
expeditiously as practicable. As mentioned previously, the EPA has 
approved Iowa's 2010 SO2 infrastructure SIP, meaning that 
the EPA has, through notice and comment rulemaking, found that the SIP 
provides for the implementation, maintenance, and enforcement of the 
NAAQS. Other than the Muscatine 2010 1-hour SO2 NAA, there 
are no other NAAs, for any criteria pollutant, in the state.\30\ As can 
be seen via recent ambient air quality monitoring data for 
SO2, monitored air quality in the Muscatine NAA is well 
below the NAAQS of 75 parts per billion (ppb). The current 3-year 
(2017-2019) SO2 design value for the area is 25 ppb.\31\ As 
detailed in the prior proposals and the RTC document contained in the 
docket for this action, the highest modeled concentration in the 
Muscatine NAA, based on permitted emissions limits, is 187.87 ug/m3 or 
72 ppb, which demonstrates attainment of the 2010 SO2 NAAQS. 
Additionally, all areas in Iowa are currently monitoring air quality 
design values that are below the NAAQS for all criteria pollutants for 
the 2017-2019 period.\32\
---------------------------------------------------------------------------

    \30\ The partial Pottawattamie County 2008 Lead NAAQS 
nonattainment area was redesignated to attainment in October 2018. 
See 83 FR 50024.
    \31\ At the time of this document, complete 2020 ambient air 
quality data had not been certified in the Air Quality System. 
Annual data certification is not required until May 1 of the 
following calendar year.
    \32\ See https://www.iowadnr.gov/Environmental-Protection/Air-Quality/Monitoring-Ambient-Air.
---------------------------------------------------------------------------

    Furthermore, the SIP provides for emergency powers comparable to 
that of the EPA Administrator under CAA section 303, and the state has 
a fully approved emergency episodes plan that meets the applicable 
requirements of 40 CFR part 51, subpart H, at IAC 567-26.1-4. IAC 567-
28.1, in concert with IAC 567-26.1-4 and the state's statutory 
provisions detailed further below, lay out IDNR's responsibility and 
authority for ensuring that air quality is protected, and the NAAQS are 
attained and maintained in the state of Iowa, notwithstanding an 
exemption for startup-, shutdown-, and cleaning-related excess 
emissions in the SIP. The attainment status of areas in the State as 
well as monitored air quality demonstrate successful implementation on 
the part of the state.
    The Iowa SIP also provides IDNR with the specific discretion of 
whether to issue a construction permit for a source based solely on an 
analysis of that source's impact on attainment or maintenance of the 
NAAQS. Specifically, IAC 567-22.3(1) states:

A construction permit shall be issued when the director concludes 
that (. . .) the expected emissions from the proposed source or 
modification in conjunction with all other emissions will not 
prevent the attainment or maintenance of the ambient air quality 
standards specified in 567--Chapter 28.

    Additionally, IAC 567-22.3(5) provides IDNR with the discretion to 
modify ``an existing permit for a major stationary source or an 
emission limit contained in an existing permit for a major stationary 
source if necessary to attain or maintain an ambient air quality 
standard.'' Accordingly, these provisions provide the state air agency 
with the authority to limit the issuance of construction permits and 
modify existing permits to ensure that the NAAQS is attained and 
maintained. This authority, when considered along with the enforcement, 
maintenance, and oversight provisions discussed herein, ensures 
accountability for sources and, when taken as a whole, protects air 
quality and provides for attainment and maintenance of the NAAQS, even 
though the Iowa SIP allows exemptions for excess emissions during 
periods of startup, shutdown, and cleaning. Of note, the State has been 
implementing its SIP-approved construction program, which includes 
issuing construction permits with Condition 6 (as mentioned previously, 
Condition 6 relies upon the SIP-called SSM-related provisions in IAC 
567-24.1(1)), and has not monitored a NAAQS violation resulting in the 
need to revise a permit due solely on emissions from SSM events.
    In addition to specific discretion afforded the IDNR director to 
ensure attainment and maintenance of the NAAQS, there are a number of 
direct requirements on sources in Iowa's approved SIP. IAC 567-24.1(2) 
details the initial report that a source owner or operator must submit 
when an emission limit is exceeded. Such incidences are to be reported 
to the appropriate IDNR regional office within eight hours of the onset 
of an incident. Reports are to be submitted via email, in person, or 
over the telephone. At a minimum, initial incident reports are to 
include the quantity, duration, cause and remedial steps taken for 
periods of excess emissions. IAC 567-24.1(3) requires that a written 
report is to be submitted as a follow-up to all required initial 
reports to the IDNR within seven days of the onset of the event. The 
written report is, at a minimum, to include the information required 
for initial reports under 24.1(2). In addition, written reports are to 
include, if the owner claims that the excess emission was due to 
malfunction, documentation to support such a claim.
    IAC 567-25.1(6), (7), and (8) detail the testing and sampling 
requirements for owners and operators of pollution control equipment. 
Specifically, any facility required to install a continuous monitoring 
system shall provide regular reports to IDNR, including periods of 
excess emissions. Furthermore, IDNR is granted the authority to require 
sources to conduct compliance demonstrations, including testing, which 
``may be required as necessary to determine actual emissions from a 
source where that source is believed to have a significant impact on 
the public health or ambient air quality of an area.'' IDNR may also 
conduct independent emissions testing as deemed necessary. These 
provisions require sources to report periods of excess emissions, 
ensuring that the state is aware of any such events. The state could 
also require sources to conduct testing during such periods, further 
enabling the state to protect air quality and ensure attainment and 
maintenance of the NAAQS.
    Owners or operators of any control equipment are also required to 
maintain and repair equipment or control equipment in such a way that 
minimizes and remedies any causes of excess emissions. IAC 567-24.2(1) 
details the maintenance and repair that owners or operators are 
required to undertake, including maintaining operations that minimize 
emissions, undertaking scheduled routine maintenance, and remedying any 
cause of excess emissions in an expeditious manner. (``[E]xpeditious 
manner,'' as discussed above, is defined in IAC 567-24.1(4)). 
Furthermore, IAC 567-24.2(1)(c) states that owners or operators shall: 
Minimize the amount and duration of any excess emission to the maximum 
extent possible during periods of such emissions. These measures may 
include but not be limited to the use of clean fuels, production 
cutbacks, or the use of alternate process units or, in the case of

[[Page 73225]]

utilities, purchase of electrical power until repairs are completed.
    IAC 567 24.2(2) provides IDNR with the authority to require owners 
and operators to develop maintenance plans where, ``in the judgement of 
the executive director a continued pattern of excess emissions 
indicative of inadequate operation and maintenance is occurring.'' Such 
maintenance plans have been required of sources over time as 
appropriate and are to include numerous maintenance and inspection 
requirements. Most notably, these plans are to include a contingency 
plan intended to minimize the frequency, duration, and severity of 
excess emission events.
    Lastly, there are a number of Iowa-specific state regulations that 
help ensure attainment and maintenance of the NAAQS. Iowa Code 455B.139 
states that, if the director has evidence that any person is causing 
air pollution that creates a public health and safety emergency, the 
director may, without notice, issue an emergency order requiring the 
immediate discontinuation of emissions. While not SIP-approved, and 
therefore not federally enforceable, these codes provide supplemental 
support that the state has considerable oversight and discretion to 
enforce against sources and ensure attainment and maintenance of the 
NAAQS.
    As further discussed in section I.D. of this document, the EPA 
issued a new national guidance memorandum related to SIP provisions 
containing exemptions for excess emissions during SSM events. Through 
this final action, the EPA Region 7 Office is applying that national 
policy based on the evaluation of Iowa's SIP. As such, the EPA Region 7 
Office is withdrawing the SIP call issued for Iowa as part of the 2015 
SSM SIP Action.\33\
---------------------------------------------------------------------------

    \33\ This action is limited to the SIP call issued to Iowa and 
the associated evaluation of the Iowa SIP and does not otherwise 
change or alter the SIP call issued to other states as part of the 
EPA's 2015 SSM SIP Action.
---------------------------------------------------------------------------

III. Final Action

    The EPA is taking final action to approve Iowa's SO2 
attainment plan for the Muscatine NAA. The EPA has determined that 
Iowa's attainment plan and control strategy demonstrates attainment and 
provides for maintenance of the 2010 1-hour SO2 NAAQS in the 
Muscatine NAA and meets the other NAA planning requirements. 
Specifically, the EPA is approving Iowa's May 26, 2016, SIP revision, 
which includes the state's modeled attainment demonstration for the 
Muscatine NAA, RFP, RACT/RACM, base-year and projection-year emission 
inventories, and contingency measures.
    The EPA is further approving numerous permits that Iowa issued 
containing emission limits and associated monitoring, recordkeeping and 
reporting requirements that the attainment plan relies on. For Grain 
Processing Corporation, the EPA is approving permits numbered 75-A-353-
S2, 90-A-111-S1, 92-A-383-S2, 92-A-385-S1, 02-A-781-S2, 02-A-782-S2, 
03-A-471-S1, 11-A-338-S1, issued on July 6, 2015, and 95-A-374-S4, 15-
A-078, 79-A-194-S2, 71-A-067-S4, 75-A-087-S1, 72-A-199-S2, 74-A-014-S1, 
74-A-015-S2, 79-A-195-S2, 80-A-149-S5, 80-A-150-S5, 85-A-031-S2, 85-A-
032-S2, 85-A-038-P1, 85-A-135-P1, 91-A-068-S2, 93-A-110-P1, 94-A-055-
S1, 94-A-061-S1, 09-A-482-S2, 10-A-563-S1, 15-A-202, 15-A-208, 15-A-
209, 15-A-326, 06-A-1261-S1, 15-A-354, 15-A-199, issued on December 10, 
2015, and 15-A-213, issued on January 26, 2016, and 15-A-203, 15-A-204, 
15-A-205, 15-A-206, 15-A-207, 15-A-480, 15-A-481, 15-A-482, 15-A-483, 
15-A-484, 15-A-485, 15-A-486, 05-A-926-S4, issued on February 15, 2016, 
and 15-A-200, 15-A-201 issued on March 25, 2016. For Muscatine Power 
and Water, the EPA is approving permits numbered 13-A-152-S1, 74-A-175-
S4, 95-A-373-P3, 80-A-191-P3 issued on March 2, 2016. For Monsanto, the 
EPA is approving permits numbered 82-A-092-P11 and 88-A-001-S3, issued 
May 13, 2015. As noted previously, the EPA is approving these permits 
with the exception of Condition 6 (Condition 6 relies on the SSM-
related provisions of IAC 567-24.1(1)) in each of these permits as 
requested by Iowa.\34\
---------------------------------------------------------------------------

    \34\ As discussed in section II of this document, the EPA Region 
7 Office is taking final action to apply the policy related to SSM 
provisions in the Iowa SIP as also detailed in the June 22, 2020, 
proposal and therefore is also withdrawing the SIP call issued to 
Iowa as part of the EPA's 2015 SSM SIP Action. For these reasons, if 
Iowa requests that the EPA act on Condition 6 of the 58 construction 
permits submitted to the EPA as part of the control strategy for the 
attainment plan, the EPA could propose to approve those provisions 
based on the rationale set forth in this document as well as in the 
prior proposals and associated RTC document.
---------------------------------------------------------------------------

    The EPA has determined that the state's attainment plan meets the 
applicable requirements of sections 110, 172, and 191-192 of the CAA. 
The EPA's analysis is further discussed in prior proposed rulemakings 
as well as the RTC found in the docket for this final action.\35\ The 
EPA's final action to approve the Iowa SIP terminates the EPA's 
statutory obligation to issue a FIP for the Muscatine NAA.
---------------------------------------------------------------------------

    \35\ See 82 FR 40086, 83 FR 997, and 85 FR 37405, respectively.
---------------------------------------------------------------------------

    Based on the EPA's evaluation of the Iowa SIP contained in section 
II of this document, consistent with the EPA's national policy,\36\ and 
after carefully considering the comments received, the EPA Region 7 
Office is taking final action to withdraw the SSM SIP call for Iowa. 
The EPA received adverse comments related to the SSM provisions of the 
Iowa SIP on the aforementioned proposed rulemakings. All of the adverse 
comments along with the EPA's responses to those comments are included 
in the separate RTC document contained in the docket for this final 
action.
---------------------------------------------------------------------------

    \36\ Memorandum from Administrator Wheeler to Regional 
Administrators, dated October 9, 2020, titled ``Inclusion of 
Provisions Governing Periods of Startup, Shutdown, and Malfunctions 
in State Implementation Plans.'' https://www.epa.gov/air-quality-implementation-plans/guidance-inclusion-provisions-governing-periods-startup-shutdown.
_____________________________________-

IV. Incorporation by Reference

    In this rule, 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 an Iowa 
regulation described in the amendments to 40 CFR part 52 set forth 
below. The EPA has made, and will continue to make, these documents 
generally available through www.regulations.gov, and at the EPA Region 
7 Office (please contact the applicable person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information).
    Therefore, these materials have been approved by the EPA for 
inclusion in the state implementation plan, have been incorporated by 
reference by the EPA into that plan, are fully federally enforceable 
under sections 110 and 113 of the Clean Air Act as of the effective 
date of the final rulemaking of the EPA's approval, and will be 
incorporated by reference in the next update to the SIP 
compilation.\37\
---------------------------------------------------------------------------

    \37\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. 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 
final action merely approves state law as meeting Federal requirements 
and does not

[[Page 73226]]

impose additional requirements beyond those imposed by state law. For 
that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions 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 the 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 in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Dated: October 23, 2020.
Edward Chu,
Acting Regional Administrator, Region 7.
    For the reasons stated in the preamble, title 40 CFR part 52 is 
amended as follows:

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:
0
a. The table in paragraph (d) is amended by adding the entries 
``(112)'' through ``(169)'' in numerical order.
0
b. The table in paragraph (e) is amended by adding the entry ``(53)'' 
in numerical order.
    The additions read as follows:


Sec.  52.820  Identification of plan.

* * * * *
    (d) * * *

                                EPA-Approved Iowa Source-Specific Orders/Permits
----------------------------------------------------------------------------------------------------------------
                                                        State
         Name of source             Order/permit      effective     EPA approval date          Explanation
                                        No.             date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(112) Grain Processing                95-A-374-S4        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(113) Grain Processing                   15-A-078        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(114) Grain Processing                79-A-194-S2        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(115) Grain Processing                71-A-067-S4        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(116) Grain Processing                75-A-087-S1        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(117) Grain Processing                72-A-199-S2        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(118) Grain Processing                74-A-014-S1        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(119) Grain Processing                74-A-015-S2        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(120) Grain Processing                75-A-353-S2          7/6/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(121) Grain Processing                79-A-195-S2        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.

[[Page 73227]]

 
(122) Grain Processing                80-A-149-S5        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(123) Grain Processing                80-A-150-S5        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(124) Grain Processing                85-A-031-S2        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(125) Grain Processing                85-A-032-S2        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(126) Grain Processing                85-A-038-P1        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(127) Grain Processing                85-A-135-P1        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(128) Grain Processing                90-A-111-S1          7/6/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(129) Grain Processing                91-A-068-S2        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(130) Grain Processing                93-A-110-P1        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(131) Grain Processing                92-A-383-S2          7/6/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(132) Grain Processing                92-A-385-S1          7/6/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(133) Grain Processing                94-A-055-S1        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(134) Grain Processing                94-A-061-S1        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(135) Grain Processing                02-A-781-S2          7/6/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(136) Grain Processing                02-A-782-S2          7/6/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(137) Grain Processing                09-A-482-S2        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(138) Grain Processing                10-A-563-S1        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(139) Grain Processing                   15-A-200         3/25/16  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(140) Grain Processing                   15-A-201         3/25/16  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(141) Grain Processing                   15-A-202        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(142) Grain Processing                   15-A-203         2/15/16  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(143) Grain Processing                   15-A-204         2/15/16  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(144) Grain Processing                   15-A-205         2/15/16  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.

[[Page 73228]]

 
(145) Grain Processing                   15-A-206         2/15/16  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(146) Grain Processing                   15-A-207         2/15/16  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(147) Grain Processing                   15-A-208        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(148) Grain Processing                   15-A-209        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(149) Grain Processing                   15-A-480         2/15/16  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(150) Grain Processing                   15-A-481         2/15/16  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(151) Grain Processing                   15-A-482         2/15/16  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(152) Grain Processing                   15-A-483         2/15/16  11/17/20, [insert    2010 1-hour SO2 NAAQ
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(153) Grain Processing                   15-A-213         1/26/16  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(154) Grain Processing                   15-A-484         2/15/16  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(155) Grain Processing                   15-A-485         2/15/16  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(156) Grain Processing                   15-A-486         2/15/16  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(157) Grain Processing                   15-A-326        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(158) Grain Processing                03-A-471-S1          7/6/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(159) Grain Processing                05-A-926-S4         2/15/16  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(160) Grain Processing               06-A-1261-S1        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(161) Grain Processing                11-A-338-S1          7/6/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(162) Grain Processing                   15-A-354        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(163) Grain Processing                   15-A-199        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(164) Muscatine Power and Water.      13-A-152-S1          3/2/16  11/17/20, [insert    2010 1-hour SO2 NAAQS
                                                                    Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(165) Muscatine Power and Water.      74-A-175-S4          3/2/16  11/17/20, [insert    2010 1-hour SO2 NAAQS
                                                                    Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(166) Muscatine Power and Water.      95-A-373-P3          3/2/16  11/17/20, [insert    2010 1-hour SO2 NAAQS
                                                                    Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(167) Muscatine Power and Water.      80-A-191-P3          3/2/16  11/17/20, [insert    2010 1-hour SO2 NAAQS
                                                                    Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.

[[Page 73229]]

 
(168) Monsanto..................     82-A-092-P11         5/13/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
                                                                    Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
(169) Monsanto..................      88-A-001-S3         5/13/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
                                                                    Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                         permit is not part of
                                                                                         the SIP; EPA-R07-OAR-
                                                                                         2017-0416; FRL-10016-10-
                                                                                         Region 7.
----------------------------------------------------------------------------------------------------------------

    (e) * * *

                                   EPA-Approved Iowa Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                        Applicable
    Name of nonregulatory SIP         geographic or          State       EPA approval date       Explanation
            provision               nonattainment area  submittal date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(53) 2010 1-hour SO2 National      A portion of                5/26/16  11/17/20, [insert    EPA-R07-OAR-2017-04
 Ambient Air Quality Standard       Muscatine County.                    Federal Register     16; FRL-10016-10-
 Attainment Plan.                                                        citation].           Region 7.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2020-24031 Filed 11-16-20; 8:45 am]
BILLING CODE 6560-50-P