[Federal Register Volume 80, Number 64 (Friday, April 3, 2015)]
[Rules and Regulations]
[Pages 18133-18136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07488]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0159; FRL-9925-60-Region 7]


Approval and Promulgation of Implementation Plans; State of Iowa; 
2014 Iowa State Implementation Plan; Permit Modifications; Muscatine, 
Iowa

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to the State Implementation Plan (SIP) for the State of Iowa 
to include modified permits for Muscatine County, Iowa. The SIP 
revision addresses modifications to construction permits that were 
included in the 2006 24-hour particulate matter less than 2.5 
micrometers (PM2.5) National Ambient Air Quality Standards 
(NAAQS) control strategy proposed on August 11, 2014, and published as 
a final rule in the Federal Register on December 1, 2014, with the 
effective date of December 31, 2014. The state's submission of modified 
permits includes a revised air dispersion modeling analysis that 
demonstrated continued attainment of the 2006 24-hour PM2.5 
NAAQS. This action will also make an administrative correction to 
permit numbers.

DATES: This direct final rule will be effective June 2, 2015, without 
further notice, unless EPA receives adverse comment by May 4, 2015. If 
EPA receives adverse comment, we will publish a timely withdrawal of 
the direct final rule in the Federal Register informing the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2015-0159 by one of the following methods:
    1. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Mail or Hand Delivery: Heather Hamilton, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2015-0159. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov or 
email information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov, your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically in www.regulations.gov or in hard copy at the 
Environmental Protection Agency, Air Planning and Development Branch, 
11201 Renner Boulevard, Lenexa, Kansas 66219. The Regional Office's 
official hours of business are Monday through Friday, 8:00 to 4:30 
excluding legal holidays. The interested persons wanting to examine 
these documents should make an appointment with the office at least 24 
hours in advance.

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

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

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is EPA taking?

I. What is being addressed in this document?

    EPA is taking direct final action to approve SIP revisions to 
replace specific EPA SIP-approved construction permits with modified 
permits in Muscatine County, Iowa. The modified permits are associated 
with PM2.5 emission points at Union Tank Car (UTLX) and 
Muscatine Power and Water (MPW). Prior versions of these permits were 
included in the 2006 24-hour PM2.5 NAAQS control strategy 
proposed in the Federal Register on August 11, 2014, (79 FR 71027) and 
published as a final rule on December 1, 2014, (79 FR 71025) with an 
effective date of December 31, 2014. Prior to publication of the final 
action, modifications to permits submitted with the control strategy 
were pending (under review by the state and undergoing public comment) 
for MPW and UTLX.
    Permits for UTLX were modified to reflect current operating 
conditions, stack configurations, and revised PM2.5 emission 
limits. The permit conditions pertaining to compliance demonstrations 
and operating condition monitoring, recordkeeping and reporting were 
included in each modified permit. The Iowa Department of Natural 
Resources (IDNR) initiated the public comment period that ended on 
August 28, 2014, for the UTLX modified permits. No comments were 
received.
    Permits for MPW were modified to include updated PM2.5 
emission limitations associated with the rail unloading system. The 
permit conditions pertaining to compliance demonstrations and operating 
condition monitoring, recordkeeping and reporting were included in each 
modified permit. IDNR initiated the public comment period that ended on 
September 4, 2014, for the MPW modified permits. No comments were 
received.

[[Page 18134]]

    The modified permits submission included a technical demonstration 
and an updated air dispersion modeling analysis. The modeling analysis, 
as well as the modified permits were reviewed by EPA and it was 
determined that the modifications continue to demonstrate emission 
reductions and attainment of the 2006 24-hour PM2.5 NAAQS in 
Muscatine, Iowa, and therefore, does not relax the SIP. Additional 
technical detail regarding permit modifications is included in the 
Technical Support Document included in the docket for this rulemaking.
    This action will also make an administrative correction to a permit 
number.

II. Have the requirements for approval of a SIP revision been met?

    The state submission has met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. The submission also 
satisfied the completeness criteria of 40 CFR part 51, appendix V. In 
addition, as explained above and in more detail in the identified 
docket documents, the revision meets the substantive SIP requirements 
of the CAA, including section 110 and implementing regulations.

III. What action is EPA taking?

    EPA is taking direct final action to approve SIP revisions to 
include modified permits for the Muscatine County, Iowa, area. The 
modified permits are for emission points at UTLX and MPW which were 
included in the 2006 24-hour PM2.5 NAAQS control strategy. 
The control strategy was proposed in the Federal Register on August 11, 
2014, and published as a final rule on December 1, 2014, with the 
effective date of December 31, 2014.
    This action also includes an administrative correction to the 
permit number for (44) Muscatine Power and Water (Permit NO. 95-A-373-
P2).
    We are publishing this direct final rule without a prior proposed 
rule because we view this as a noncontroversial amendment and 
anticipate no adverse comment because the revisions are largely 
administrative and consistent with Federal regulations. The detailed 
rationale for the approval is set forth in the technical support 
document that can be found in Docket ID No. EPA-R07-OAR-2015-0159. 
However, in the ``Proposed Rules'' section of today's Federal Register, 
we are publishing a separate document that will serve as the proposed 
rule to approve the SIP revision if adverse comments are received on 
this direct final rule. We will not institute a second comment period 
on this action. Any parties interested in commenting must do so at this 
time. For further information about commenting on this rule, see the 
ADDRESSES section of this document.
    If EPA receives adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that this 
direct final rule will not take effect. We will address all public 
comments in any subsequent final rule based on the proposed rule.

Statutory and Executive Order Reviews

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of Iowa's EPA-
Approved Iowa Source-Specific Orders/Permits, section 52.820 (d), 
described in the direct final amendments to 40 CFR part 52 set forth 
below. EPA has made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and/or 
in hard copy at the appropriate EPA office (see the ADDRESSES section 
of this preamble for more information).
    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' under the terms 
of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under Executive Orders 12866 and 13563 
(76 FR 3821, January 21, 2011).
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications and will not impose substantial direct 
costs on tribal governments or preempt tribal law as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register.
    A major rule cannot take effect until 60 days after it is published 
in the Federal Register. This action is not a ``major rule'' as defined 
by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 2, 2015. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to

[[Page 18135]]

enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: March 20, 2015.
Mark Hague,
Acting Regional Administrator, Region 7.

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

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart Q--Iowa

0
2. In Sec.  52.820(d) the table is amended by revising entries (41), 
(42), (44), (45), (47), (54), (76), (77), (78), (79), (80), (85), (86), 
(87), (92), (95), (97), (103), (104), (105), (106), (107), and (108) to 
read as follows:


Sec.  52.820  Identification of plan.

* * * * *
    (d) * * *

                                EPA-Approved Iowa Source-Specific Orders/Permits
----------------------------------------------------------------------------------------------------------------
                                                            State
          Name of source             Order/Permit No.     effective     EPA Approval date        Explanation
                                                             date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(41) Muscatine Power and Water...  Permit NO. 93-A-288-      9/12/14  4/3/15 and [Insert     ...................
                                    S4.                                Federal Register
                                                                       citation].
(42) Muscatine Power and Water...  Permit NO. 93-A-289-      9/12/14  4/3/15 and [Insert     ...................
                                    S4.                                Federal Register
                                                                       citation].
 
                                                  * * * * * * *
(44) Muscatine Power and Water...  Permit NO. 95-A-373-      7/22/13  4/3/15 and [Insert     ...................
                                    P2.                                Federal Register
                                                                       citation].
(45) Muscatine Power and Water...  Permit NO. 00-A-638-      7/22/13  4/3/15 and [Insert     ...................
                                    S1.                                Federal Register
                                                                       citation].
 
                                                  * * * * * * *
(47) Muscatine Power and Water...  Permit NO. 00-A-683-      7/22/13  4/3/15 and [Insert     ...................
                                    S1.                                Federal Register
                                                                       citation].
 
                                                  * * * * * * *
(54) Muscatine Power and Water...  Permit NO. 04-A-617-      7/22/13  4/3/15 and [Insert     ...................
                                    S1.                                Federal Register
                                                                       citation].
 
                                                  * * * * * * *
(76) Muscatine Power and Water...  Permit NO. 80-A-196-      7/22/13  4/3/15 and [Insert     ...................
                                    S4.                                Federal Register
                                                                       citation].
(77) Muscatine Power and Water...  Permit NO. 93-A-286-      7/22/13  4/3/15 and [Insert     ...................
                                    S5.                                Federal Register
                                                                       citation].
(78) Muscatine Power and Water...  Permit NO. 01-A-457-      7/22/13  4/3/15 and [Insert     ...................
                                    S5.                                Federal Register
                                                                       citation].
(79) Muscatine Power and Water...  Permit NO. 06-A-650-      7/22/13  4/3/15 and [Insert     ...................
                                    S3.                                Federal Register
                                                                       citation].
(80) Muscatine Power and Water...  Permit NO. 13-A-160-      7/22/13  4/3/15 and [Insert     ...................
                                    S1.                                Federal Register
                                                                       citation].
 
                                                  * * * * * * *
(85) Union Tank Car Company......  Permit NO. 00-A-1086-      9/2/14  4/3/15 and [Insert     ...................
                                    S3.                                Federal Register
                                                                       citation].
(86) Union Tank Car Company......  Permit NO. 00-A-1087-      9/2/14  4/3/15 and [Insert     ...................
                                    S3.                                Federal Register
                                                                       citation].
(87) Union Tank Car Company......  Permit NO. 00-A-1088-      9/2/14  4/3/15 and [Insert     ...................
                                    S3.                                Federal Register
                                                                       citation].
 
                                                  * * * * * * *
(92) Union Tank Car Company......  Permit NO. 96-A-636-       9/2/14  4/3/15 and [Insert     ...................
                                    S4.                                Federal Register
                                                                       citation].
 
                                                  * * * * * * *
(95) Union Tank Car Company......  Permit NO. 00-A-531-       9/2/14  4/3/15 and [Insert     ...................
                                    S3.                                Federal Register
                                                                       citation].
 
                                                  * * * * * * *
(97) Union Tank Car Company......  Permit NO. 00-A-533-       9/2/14  4/3/15 and [Insert     ...................
                                    S3.                                Federal Register
                                                                       citation].
 

[[Page 18136]]

 
                                                  * * * * * * *
(103) Union Tank Car Company.....  Permit NO. 00-A-1089-      9/2/14  4/3/15 and [Insert     ...................
                                    S3.                                Federal Register
                                                                       citation].
(104) Union Tank Car Company.....  Permit NO. 00-A-1090-      9/2/14  4/3/15 and [Insert     ...................
                                    S3.                                Federal Register
                                                                       citation].
(105) Union Tank Car Company.....  Permit NO. 00-A-1091-      9/2/14  4/3/15 and [Insert     ...................
                                    S3.                                Federal Register
                                                                       citation].
(106) Union Tank Car Company.....  Permit NO. 10-A-043-       9/2/14  4/3/15 and [Insert     ...................
                                    S3.                                Federal Register
                                                                       citation].
(107) Union Tank Car Company.....  Permit NO. 09-A-009-       9/2/14  4/3/15 and [Insert     ...................
                                    S3.                                Federal Register
                                                                       citation].
(108) Union Tank Car Company.....  Permit NO. 09-A-010-       9/2/14  4/3/15 and [Insert     ...................
                                    S3.                                Federal Register
                                                                       citation].
 
                                                  * * * * * * *
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* * * * *
[FR Doc. 2015-07488 Filed 4-2-15; 8:45 am]
 BILLING CODE 6560-50-P