[Federal Register Volume 85, Number 75 (Friday, April 17, 2020)]
[Rules and Regulations]
[Pages 21329-21333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07476]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2019-0532; FRL-10007-72-Region 7]


Air Plan Approval; Iowa, Kansas, Missouri, Nebraska and Approval 
of Operating Permit Program for Iowa and Nebraska; Definition of 
Chemical Process Plants Under State Prevention of Significant 
Deterioration Regulations and Operating Permit Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to the State Implementation Plans (SIPs) for Iowa, Kansas, 
Missouri and Nebraska and is also approving revisions to the Operating 
Permit Programs for Iowa and Nebraska. The SIP revisions incorporate 
changes to the definition of chemical process plants under the States' 
Prevention of Significant Deterioration (PSD) regulations and change 
the same definition in the approved State operating permit programs. 
Consistent with an EPA regulation finalized in 2007, this action 
approves several State rules that modify the definition of chemical 
process plant to exclude ethanol manufacturing facilities that produce 
ethanol by natural fermentation processes. Approving these modified 
definitions into the SIP establishes that the PSD major source 
applicability threshold in the SIPs for these ethanol plants is 250 
tons per year (tpy) (rather than 100 tpy) and removes the requirement 
to include fugitive emissions when determining if the source is major 
for PSD. In addition, this action approves changes to the Iowa and 
Nebraska Title V operating permit programs that remove the requirement 
to include fugitive emissions when determining if a source is major for 
Title V purposes. The EPA concludes that the changes to the State rules 
described herein are approvable because they are consistent with EPA 
regulations governing State PSD and Title V programs and will not 
interfere with any applicable requirement concerning attainment and 
reasonable further progress (as defined in section 171 of the Clean Air 
Act (CAA)), or any other applicable requirement of the CAA.

DATES: This final rule is effective on May 18, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2019-0532. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, i.e., CBI or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available through https://www.regulations.gov or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional information.

FOR FURTHER INFORMATION CONTACT: William Stone, Environmental 
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201 
Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-
7714; email address [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to EPA.

Table of Contents

I. What is being addressed in this document?
II. Have the requirements for approval of the SIP and Operating 
Permit Plan revisions been met?
III. The EPA's Response to Comments
IV. What actions are the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    The EPA is approving revisions to SIPs received by EPA from Iowa on 
November 15, 2007, Kansas on November 23, 2009, Missouri on December 7, 
2009, and March 20, 2019, and Nebraska on August 28, 2007, and 
September 11, 2018. The EPA is also approving revisions to the Iowa and 
Nebraska Operating Permit Programs. These revisions conform the State 
rules to changes to EPA regulations reflected in the EPA's final rule 
entitled ``Prevention of Significant Deterioration, Nonattainment New 
Source Review (NA NSR), and Title V: Treatment of Certain Ethanol 
Production Facilities Under the `Major Emitting Facility' Definition'' 
(hereinafter referred to as the ``2007 Ethanol Rule'') as published in 
the Federal Register on May 1, 2007 (72 FR 24059). The 2007 Ethanol 
Rule amended the PSD definition of ``major stationary source'' to 
exclude certain ethanol facilities from the ``chemical process plant'' 
source category and clarified that the PSD major source applicability 
threshold for certain ethanol plants is 250 tpy (rather than 100 tpy). 
The 2007 Ethanol Rule also removed the requirement to include fugitive 
emissions when determining if the source is major for PSD and Title V 
permitting.

II. Have the requirements for approval of the SIP and Operating Permit 
Plan revisions been met?

    All of the aforementioned regulations are consistent with EPA's PSD 
program requirements in 40 CFR 51.166 and Title V program requirements 
in 40 CFR part 70, as amended in the 2007 Ethanol Rule. Further, all 
submissions have met the public notice requirements for SIP submissions 
in accordance with 40 CFR 51.102.
    Iowa published a Notice of Intended Action in the Iowa 
Administrative Bulletin on August 1, 2007. A public hearing was held on 
September 5, 2007. The public comment period closed on September 6, 
2007. Iowa received six

[[Page 21330]]

sets of written comments during the public comment period. Iowa 
provided a response to each public comment but did not change the rule 
based on the comments.
    Kansas published the proposed changes in the Kansas Register May 
21, 2009. A public hearing was held on July 29, 2009. Kansas received 
three comment letters. Only one change was made to the proposed 
regulations based on public comments and that change was not relevant 
to this action.
    Missouri published the proposed changes in the Missouri Register on 
December 31, 2008. A public hearing was held on February 3, 2009. 
Missouri received fifteen comments and made changes to the proposed 
regulations that were not relevant to this action. Missouri made 
additional changes to the regulations proposed to be approved by the 
EPA in this action that were published in the Missouri Register on 
August 1, 2018. Missouri received thirty-seven comments from nine 
sources including the EPA. Missouri made some changes to the proposed 
regulations that are relevant to this action based on comments received 
during the public comment period.
    Nebraska published the proposed changes in the Omaha World-Herald 
on July 13, 2007. A public hearing was held on August 17, 2007. 
Nebraska did not receive any adverse comments for the proposed changes.
    The SIP submissions also satisfied the completeness criteria of 40 
CFR part 51, appendix V. In addition, these revisions meet the 
substantive SIP requirements of the CAA, including section 110 and 
implementing regulations. These revisions are also consistent with 
applicable EPA requirements of Title V of the CAA and 40 CFR part 70.

III. The EPA's Response to Comments

    The public comment period on the EPA's proposed rule was open from 
November 12, 2019 through December 12, 2019 (84 FR 60968, November 12, 
2019). During this period, EPA received two comments.
    Comment 1: The commenter states that the proposed rule should not 
be approved because it will release more harmful chemicals into the air 
that will negatively impact climate change.
    Response 1: The technical support documents (TSDs) that are 
available in the docket for the proposed rule explain EPA's reasoning 
that emissions increases associated with the proposed action are not 
expected to occur. The States affected by this rulemaking have already 
implemented the 2007 ethanol rule, and ethanol production has increased 
while air quality has improved for every pollutant monitored in each of 
the States.
    The TSDs also analyze the impact of increasing the threshold to 250 
tpy on ozone and particulate matter (PM) precursors in each State. The 
analysis for ozone and secondary PM demonstrates that sources of this 
size will not cause any interference with attainment or maintenance of 
the standards in these States.
    The EPA also describes requirements for each State's minor source 
NSR program because the facilities that would be below the 250 tpy PSD 
major source threshold under this rulemaking will still need to obtain 
minor source construction permits. The States are prohibited from 
issuing minor source NSR permits that would lead to a violation of the 
NAAQS. Additionally, Federal rules such as New Source Performance 
Standards and Maximum Achievable Control Technology regulations will 
control emissions of pollutants that ethanol plants could emit 
regardless of the major source status under PSD.
    In addition, this action does not alter the regulation of 
greenhouse gas (GHG) emissions, which is a driver of climate change. 
Under the CAA, its implementing regulations, and the States' air 
regulations, GHG emissions from ethanol plants could increase 
regardless of whether the proposed changes to the SIP and Title V 
Operating permit programs are approved. Thus this action does not 
increase the allowable emissions of GHGs or change how GHGs are 
regulated by EPA and each State.
    Comment 2: The commenter requests that EPA make corrections to the 
revisions to the table in 40 CFR 52.820 in order to clarify the 
provisions of 567 Iowa Administrative Code rule 33.3 that are approved 
into the SIP, and those that have not been submitted to the EPA for 
approval into the SIP.
    Response 2: We have made the suggested corrections to the table in 
this final rule document in order to correct typographical errors in 
previous versions of the table to 40 CFR 52.820. Specifically, in the 
explanation column of the table for the EPA-Approved Iowa Regulations, 
instead of stating that the provisions of the 2010 PM2.5 
PSD-increments SILS and SMCs rule, published in the on October 20, 
2010, relating to SILs and SMCs that were affected by the January 22, 
2013, U.S. Court of Appeals decisions are not SIP approved, we have 
revised the table to state that these provisions are not, at the 
State's request, included in Iowa's SIP provisions March 14, 2014.
    Also, in the same portion of that table we have removed the 
following sentence: ``Iowa's rule incorporating EPA's 2008 `fugitive 
emissions rule' (published in the Federal Register on December 19, 
2008) is not SIP-approved.'' That sentence was erroneous because Iowa's 
SIP approved rule does not include the ``fugitive emissions rule''.

IV. What actions are the EPA taking?

    The EPA is approving revisions to the Iowa, Kansas, Missouri and 
Nebraska SIPs and the Iowa and Nebraska Operating Permit Programs. We 
are taking final action after consideration of the two comments 
received on the notice of proposed rulemaking.
    The revisions to State rules that EPA is approving change the 
definition of ``major stationary source'' under the States' PSD 
regulations and the Operating Permit Program for Iowa and Nebraska. 
This action approves changes to state regulations, which make clear 
that the PSD applicability threshold for certain ethanol plants is 250 
tpy and remove the requirement to include fugitive emissions when 
determining if an ethanol plant is major for PSD and, in Iowa and 
Nebraska, Title V permitting. The EPA has determined that these 
revisions are consistent with EPA's PSD and Title V regulations and 
that approval of these revisions is consistent with the requirements of 
CAA section 110(l) and will not adversely impact air quality. The EPA's 
analysis is available in the technical support documents that were 
prepared for each State SIP and are in the docket for this action. 
Approval of the revisions to these SIPs will ensure consistency between 
the State and federally-approved rules and ensure Federal 
enforceability of the State's revised air program rules.

V. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that 
includes incorporation by reference. In accordance with requirements of 
1 CFR 51.5, the EPA is finalizing the incorporation by reference of the 
Iowa, Kansas, Missouri, and Nebraska Regulations described in the 
amendments to 40 CFR part 52 set forth below. The EPA has made, and 
will continue to make, these materials generally available through 
www.regulations.gov and at the EPA Region 7 Office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).
    These materials have been approved by the EPA for inclusion in the 
SIPs and

[[Page 21331]]

have been incorporated by reference by EPA into those plans. Therefore, 
they are fully federally enforceable under sections 110 and 113 of the 
CAA as of the effective date of of the EPA's final approval (i.e. the 
effective date of this action). They will also will be incorporated by 
reference in the next update to the SIP compilation.\1\
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where the EPA or an Indian tribe has demonstrated 
that a tribe has jurisdiction. In those areas of Indian country, the 
rule does not have tribal implications and will not impose substantial 
direct costs on tribal governments or preempt tribal law as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements, Volatile organic compounds.

40 CFR Part 70

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Operating permits, 
Reporting and recordkeeping requirements.

    Dated: April 3, 2020.
Edward Chu,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA amends 40 CFR parts 
52 and 70 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart Q--Iowa

0
2. In Sec.  52.820, the table in paragraph (c) is amended by revising 
the entry ``567-33.3'' to read as follows:


Sec.  52.820  Identification of plan.

* * * * *
    (c) * * *

                                          EPA-Approved Iowa Regulations
----------------------------------------------------------------------------------------------------------------
                                                       State
       Iowa  citation                 Title          effective     EPA approval date          Explanation
                                                        date
----------------------------------------------------------------------------------------------------------------
                 Iowa Department of Natural Resources Environmental Protection Commission [567]
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 33--Special Regulations and Construction Permit Requirements for Major Stationary Sources--Prevention of
                                 Significant Deterioration (PSD) of Air Quality
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
567-33.3....................  Special Construction    4/18/2018  4/17/2020, [insert    Provisions of the 2010
                               Permit Requirements                Federal Register      PM2.5 PSD--Increments,
                               for Major                          citation].            SILs and SMCs rule,
                               Stationary Sources                                       published in the Federal
                               in Areas Designated                                      Register on October 20,
                               Attainment or                                            2010, relating to SILs
                               Unclassified (PSD).                                      and SMCs that were
                                                                                        affected by the January
                                                                                        22, 2013, U.S. Court of
                                                                                        Appeals decision are
                                                                                        not, at the state's
                                                                                        request, included in
                                                                                        Iowa's SIP provisions
                                                                                        (see Federal Register,
                                                                                        March 14, 2014) (Vol.
                                                                                        79, No. 50).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 21332]]

* * * * *

Subpart R--Kansas

0
3. In Sec.  52.870, the table in paragraph (c) is amended by revising 
the entry ``K.A.R. 28-19-350'' to read as follows:


Sec.  52.870  Identification of plan.

* * * * *
    (c) * * *

                                         EPA-Approved Kansas Regulations
----------------------------------------------------------------------------------------------------------------
                                                       State
      Kansas  citation                Title          effective     EPA approval date          Explanation
                                                        date
----------------------------------------------------------------------------------------------------------------
       Kansas Department of Health and Environment Ambient Air Quality Standards and Air Pollution Control
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                       Construction Permits And Approvals
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
K.A.R. 28-19-350............  Prevention of          12/28/2012  4/17/2020, [insert    Provisions of the 2010
                               Significant                        Federal Register      PM2.5 PSD-Increments,
                               Deterioration (PSD)                citation].            SILs and SMCs rule
                               of Air Quality.                                          relating to SILs and
                                                                                        SMCs that were affected
                                                                                        by the January 22, 2013,
                                                                                        U.S. Court of Appeals
                                                                                        decision are not SIP
                                                                                        approved. Provisions of
                                                                                        the 2002 NSR reform rule
                                                                                        relating to the Clean
                                                                                        Unit Exemption,
                                                                                        Pollution Control
                                                                                        Projects, and exemption
                                                                                        from recordkeeping
                                                                                        provisions for certain
                                                                                        sources using the actual-
                                                                                        to-projected-actual
                                                                                        emissions projections
                                                                                        test are not SIP
                                                                                        approved. In addition,
                                                                                        we have not approved
                                                                                        Kansas rule
                                                                                        incorporating EPA's 2008
                                                                                        ``fugitive emissions
                                                                                        rule'' (published in the
                                                                                        Federal Register on
                                                                                        December 19, 2008).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

Subpart AA--Missouri

0
4. In Sec.  52.1320, the table in paragraph (c) is amended by revising 
the entry ``10-6.060'' to read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
                                                       State
     Missouri  citation               Title          effective     EPA approval date          Explanation
                                                        date
----------------------------------------------------------------------------------------------------------------
                                    Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
10-6.060....................  Construction Permits    3/30/2019  4/17/2020, [insert    Provisions of the 2010
                               Required.                          Federal Register      PM2.5 PSD--Increments,
                                                                  citation].            SILs and SMCs rule
                                                                                        relating to SILs and
                                                                                        SMCs that were affected
                                                                                        by the January 22, 2013
                                                                                        U.S. Court of Appeals
                                                                                        decision are not SIP
                                                                                        approved.
                                                                                       Provisions of the 2002
                                                                                        NSR reform rule relating
                                                                                        to the Clean Unit
                                                                                        Exemption, Pollution
                                                                                        Control Projects, and
                                                                                        exemption from
                                                                                        recordkeeping provisions
                                                                                        for certain sources
                                                                                        using the actual-to-
                                                                                        projected-actual
                                                                                        emissions projections
                                                                                        test are not SIP
                                                                                        approved.
                                                                                       In addition, we have not
                                                                                        approved Missouri's rule
                                                                                        incorporating EPA's 2008
                                                                                        ``fugitive emissions
                                                                                        rule'' (published in the
                                                                                        Federal Register on
                                                                                        December 19, 2008).
                                                                                       Although exemptions
                                                                                        previously listed in 10
                                                                                        CSR 10-6.060 have been
                                                                                        transferred to 10 CSR 10-
                                                                                        6.061, the federally-
                                                                                        approved SIP continues
                                                                                        to include the following
                                                                                        exemption, ``Livestock
                                                                                        and livestock handling
                                                                                        systems from which the
                                                                                        only potential
                                                                                        contaminant is odorous
                                                                                        gas.''
                                                                                       Section 9, pertaining to
                                                                                        hazardous air
                                                                                        pollutants, is not SIP
                                                                                        approved.

[[Page 21333]]

 
                                                                                       EPA previously approved
                                                                                        the 3/30/2016 state
                                                                                        effective date version
                                                                                        of 10 CSR 10-6.060, with
                                                                                        the above exceptions, in
                                                                                        a Federal Register
                                                                                        document published
                                                                                        October 11, 2016. EPA is
                                                                                        only approving section
                                                                                        7, subsection 7(A)(1),
                                                                                        and section 8 from the 3/
                                                                                        30/2019 State effective
                                                                                        date version of 10 CSR
                                                                                        10-6.060. All remaining
                                                                                        revisions to the 3/30/
                                                                                        2019 version of 10 CSR
                                                                                        10-6.060 are not SIP
                                                                                        approved.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

Subpart CC--Nebraska

0
5. In Sec.  52.1420, the table in paragraph (c) is amended by revising 
the entry ``129-2'' to read as follows:


Sec.  52.1420  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Nebraska Regulations
----------------------------------------------------------------------------------------------------------------
                                                       State
     Nebraska  citation               Title          effective     EPA approval date          Explanation
                                                        date
----------------------------------------------------------------------------------------------------------------
                                                STATE OF NEBRASKA
                                       Department of Environmental Quality
                                   Title 129--Nebraska Air Quality Regulations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
129-2.......................  Definition of Major      2/6/2008  4/17/2020, [insert    .........................
                               Source.                            Federal Register
                                                                  citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 70--STATE OPERATING PERMIT PROGRAMS

0
6. The authority citation for part 70 continues to read as follows:

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


0
7. Appendix A to part 70 is amended by:
0
a. Adding paragraph (u) under ``Iowa''.
0
b. Adding paragraph (q) under ``Nebraska; City of Omaha; Lincoln-
Lancaster County Health Department''.
    The additions read as follows:

APPENDIX A TO PART 70--APPROVAL STATUS OF STATE AND LOCAL OPERATING 
PERMITS PROGRAMS

* * * * *

Iowa

* * * * *
    (u) The Iowa Department of Natural Resources submitted revisions 
to Iowa Chapter 22.100 ``Definitions for Title V Operating Permits'' 
on November 15, 2007. The State revised the definition of 
``Stationary source categories'' by revising the definition of 
``Chemical process plants'' such that fugitive emissions from 
certain ethanol production facilities are not considered in 
determining whether the facility is subject to Title V permitting. 
The state effective date is October 4, 2007. This revision is 
effective May 18, 2020.
* * * * *

Nebraska; City of Omaha; Lincoln-Lancaster County Health Department

* * * * *
    (q) The Nebraska Department of Environmental Quality submitted 
revisions to the Nebraska Administrative Code, Title 129, chapter 2, 
section 002.20 on November 19, 2010. Chapter 2, section 002.20 was 
revised to exclude ethanol production facilities from the definition 
of ``chemical process plants'' such that fugitive emissions are not 
considered in determining whether the facility is subject to Title V 
permitting. The state effective date is February 6, 2008.
    This revision is effective May 18, 2020.
* * * * *
[FR Doc. 2020-07476 Filed 4-16-20; 8:45 am]
 BILLING CODE 6560-50-P