[Federal Register Volume 84, Number 218 (Tuesday, November 12, 2019)]
[Proposed Rules]
[Pages 60968-60975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23979]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2019-0532; FRL-10000-21-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: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the State Implementation Plans (SIP) for Iowa, 
Kansas, Missouri and Nebraska and is also proposing to approve 
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 completed 
in 2007, this action approves several States' rules that modify the 
definition of chemical process plant to exclude ethanol manufacturing 
facilities that produce ethanol by natural fermentation processes. This 
will clarify 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 Iowa's and Nebraska's Title V operating permit 
programs that remove the requirement to include fugitive emissions when 
determining if a source is major for Title V. 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: Comments must be received on or before December 12, 2019.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2019-0532 to https://www.regulations.gov. Follow the online 
instructions for submitting comments.
    Instructions: All submissions received must include the Docket ID 
No. for this rulemaking. Comments received will be posted without 
change to https://www.regulations.gov/, including any personal 
information provided. For detailed instructions on sending comments and 
additional information on the rulemaking process, see the ``Written 
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this 
document.

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

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

Table of Contents

I. Written Comments
II. What is Being Addressed in this Document?
III. Background
    A. PSD Permitting Thresholds for Chemical Processing Plants
    B. Title V Permitting Thresholds for Chemical Processing Plants
    C. Ethanol Rule
    D. Petitions for Review and Reconsideration of the 2007 Ethanol 
Rule
IV. What SIP Revisions are being Proposed by the EPA?
V. What Operating Permit Plan Revisions are being Proposed by the 
EPA?
VI. Have the Requirements for Approval of a SIP Revision Been Met?
VII. What Action is the EPA Taking?
VIII. Incorporation by Reference
IX. Statutory and Executive Order Reviews

I. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2019-
0532, at https://www.regulations.gov. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e. on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

II. What is being addressed in this document?

    The EPA is proposing to approve 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 proposing to approve Iowa 
and Nebraska's Operating Permit Program revisions. 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

[[Page 60969]]

24059). The 2007 Ethanol Rule amends the PSD definition of ``major 
stationary source'' to exclude certain ethanol facilities from the 
``chemical process plant'' source category and clarifies 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. On October 21, 2019, 
the EPA responded to a petition for reconsideration of the 2007 Ethanol 
Rule, and the EPA denied the petition with respect to the revisions of 
the PSD Regulations reflected in that rule (as described in more detail 
below). The EPA is now proposing to approve these SIPs and operating 
permits program revisions that are based on a part of the 2007 Ethanol 
Rule.

III. Background

A. PSD Permitting Thresholds for Chemical Processing Plants

    Under the CAA, there are two potential thresholds for determining 
whether a source is a major emitting facility that is potentially 
subject to the construction permitting requirements under the PSD 
program; one threshold is 100 tpy per pollutant, and the other is 250 
tpy per pollutant. Section 169(1) of the CAA lists twenty-eight source 
categories that qualify as major emitting facilities if their emissions 
exceed the 100 tpy threshold. If the source does not fall within one of 
twenty-eight source categories listed in section 169, then the 250 tpy 
threshold is applicable.
    One of the source categories in the list of twenty-eight source 
categories to which the 100 tpy threshold applies is chemical process 
plants. Since the Standard Industrial Classification (SIC) code for 
chemical process plants includes facilities primarily engaged in 
manufacturing ethanol fuel, the EPA and States had previously 
considered such facilities to be subject to the 100 tpy thresholds.
    As a result of this classification, pursuant to the EPA regulations 
adopted under section 302(j), chemical process plants were also 
required to include fugitive emissions for determining the potential 
emissions of such sources. Thus, prior to promulgation of the 2007 
Ethanol Rule, the classification of fuel and industrial ethanol 
facilities as chemical process plants had the effect of requiring these 
plants to include fugitive emissions of criteria pollutants when 
determining whether their emissions exceed the applicability thresholds 
for the PSD and non-attainment NSR permit programs.

B. Title V Permitting Thresholds for Chemical Processing Plants

    The CAA also establishes requirements for determining whether 
sources must obtain Title V operating permits. All major sources and 
sources subject to specific CAA requirements must obtain such permits. 
For purposes of the Title V operating permit program, a major source is 
defined as any source that has actual or potential emissions at or 
above the major source thresholds reflected in other parts of the CAA. 
Under the general definition of ``major stationary source'' in section 
302(j) of the CAA, the major source threshold for any air pollutant is 
100 tons/year. Under the NSR program, lower thresholds for major 
sources can apply in nonattainment areas depending on the pollutant and 
severity of the nonattainment area classification. In addition, the 
major source thresholds for ``hazardous air pollutants'' (HAP) are 10 
tons/year for a single HAP or 25 tons/year for any combination of HAP. 
A source with emissions that exceed one of these thresholds (as 
applicable) is required to obtain a Title V operating permit.
    Section 502 of the CAA and EPA regulations provide that sources 
that belong to one of twenty-eight categories listed in 40 CFR 70.2 
must include fugitive emissions in determining whether they exceed the 
100 tpy major source threshold for any ``air pollutant.'' This list of 
twenty-eight source categories may also be included in approved state 
operating permit regulations.

C. Ethanol Rule

    On May 1, 2007, the EPA published in the Federal Register the 2007 
Ethanol Rule (72 FR 24060). This final rule amended the EPA's PSD and 
NA NSR regulations to exclude ethanol manufacturing facilities that 
produce ethanol by natural fermentation processes from the ``chemical 
process plants'' category under the regulatory definition of ``major 
stationary source''.
    This change to the EPA's NSR regulations affected the threshold 
used to determine PSD applicability for these ethanol production 
facilities, clarifying that such facilities were subject to the 250 tpy 
major source threshold. The 2007 Ethanol Rule also included changes to 
other provisions which established that ethanol facilities need not 
count fugitive emissions when determining whether such a source is 
``major'' under the Federal PSD, NA NSR, and Title V permitting 
programs.

D. Petitions for Review and Reconsideration of the 2007 Ethanol Rule

    On July 2, 2007, the National Resources Defense Council (NRDC) 
petitioned the D.C. Circuit to review the 2007 Ethanol Rule. On that 
same day, the EPA received a petition for administrative 
reconsideration and request for stay of the 2007 Ethanol Rule from 
NRDC. On March 27, 2008, the EPA denied NRDC's 2007 administrative 
petition for reconsideration.
    On March 2, 2009, the EPA received a second petition for 
reconsideration and request for stay from NRDC.
    In 2009 NRDC also filed a petition for judicial review challenging 
the EPA's March 27, 2008, denial of NRDC's 2007 administrative petition 
in the D.C. Circuit. This challenge was consolidated with NRDC's 
challenge to the 2007 Ethanol Rule. In August of 2009, the D.C. Circuit 
granted a joint motion to hold the case in abeyance, and the case has 
remained in abeyance.
    On October 21, 2019, the EPA partially granted and partially denied 
NRDC's 2009 administrative petition for reconsideration. Specifically, 
the EPA granted the request for reconsideration with regard to NRDC's 
claim that the Ethanol Rule did not appropriately address the CAA 
section 193 anti-backsliding requirements for nonattainment areas.

IV. What SIP revisions are being proposed by the EPA?

    The EPA is proposing to approve revisions to SIPs received 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. These revisions adopt language that is the same 
or consistent with that contained in the EPA's 2007 Ethanol Rule. (72 
FR 24060, May 1, 2007). The EPA is not taking action on any revisions 
with respect to Nonattainment New Source Review. The State regulations 
that EPA is proposing to approve exclude ethanol production facilities 
that produce ethanol by natural fermentation from the ``chemical 
process plants'' category. The revisions thus clarify that an ethanol 
facility is subject to a PSD major source threshold of 250 tpy and that 
such sources need not count fugitive emissions to determine potential 
emissions that are compared to this threshold. The revisions proposed 
for approval in this action do not affect Nonattainment New Source 
Review.
    The EPA is proposing to approve the following SIP revisions:

[[Page 60970]]

Iowa
    Iowa Administrative Code 567-33.3(1)--Definitions ``Major 
Stationary Source'': ``Any one of the following stationary sources of 
air pollutants which emits, or has the potential to emit, 100 tons per 
year or more of any regulated NSR pollutant: . . . Chemical process 
plants (which does not include ethanol production facilities that 
produce ethanol by natural fermentation included in NAICS codes 325193 
or 312140) . . .''
    Chapter 33 of the Iowa Administrative Code, which contains Iowa's 
PSD regulations, applies to new or modified ``major stationary 
sources'', as that term is defined in 567-33.3(1). As stated above, 
567-33.3(1) was revised to exclude ethanol production facilities from 
the ``chemical process plants'' major stationary source category such 
that ethanol facilities emitting less than 250 tpy of a regulated air 
pollutant are not subject to PSD. The State effective date of Iowa's 
revision to the definition of ``chemical process plants'' in chapter 
33.3(1) is October 4, 2007.
    Iowa's definition of ``major stationary source'' also states that 
``(t)he fugitive emissions of a stationary source shall not be included 
in determining for any of the purposes of this rule whether it is a 
major stationary source, unless that source belongs to one of the 
categories of stationary sources listed (in the definition of ``major 
stationary source'') . . .''. As such, fugitive emissions from ethanol 
facilities are not considered in determining whether the facility is 
subject to PSD.
Kansas
    Kansas Administrative Regulations 28-19-350--Prevention of 
significant deterioration (PSD) of air quality. This regulation adopts 
by reference 40 CFR 52.21, as revised and amended on July 1, 2011, (76 
FR 43507) and October 25, 2012, (77 FR 65107 (see 77 FR 65118-77 FR 
65119)) with exceptions.
    The term ``major stationary source'' is defined in 40 CFR 
52.21(b)(1)(i)(a) as any of the following stationary sources of air 
pollutants which emits, or has the potential to emit, 100 tons per year 
or more of any regulated NSR pollutant: Chemical process plants (which 
does not include ethanol production facilities that produce ethanol by 
natural fermentation included in NAICS codes 325193 or 312140). Title 
40 CFR 52.21(b)(1)(iii) excludes fugitive emissions from ethanol 
production facilities from the ``chemical process plants'' category 
such that fugitive emissions are not considered in determining whether 
the facility is subject to PSD.
    The State effective date of Kansas' incorporation by reference of 
EPA's 2007 revision of the definition of ``chemical process plants'' in 
40 CFR 52.21(b)(1)(i)(a) is October 23, 2009. Because Kansas has 
adopted 40 CFR 52.21 by reference, ethanol facilities emitting less 
than 250 tpy of a regulated air pollutant are not subject to PSD, and 
fugitive emissions from ethanol facilities are not considered in 
determining whether the facility is subject to PSD.
Missouri
    Missouri Code of State Regulations (CSR) 10 CSR 10-6.060, 
Construction Permits Required. Section (8), Attainment and Unclassified 
Area Major Permits, has been revised to incorporate all the paragraphs 
of 40 CFR 52.21 by reference promulgated as of July 1, 2018, other than 
(a) Plan disapproval, (q) Public participation, (s) Environmental 
impact statements, and (u) Delegation of authority.
    The term ``major stationary source'' is defined in 40 CFR 
52.21(b)(1)(i)(a) as any of the following stationary sources of air 
pollutants which emits, or has the potential to emit, 100 tons per year 
or more of any regulated NSR pollutant: Chemical process plants (which 
does not include ethanol production facilities that produce ethanol by 
natural fermentation included in NAICS codes 325193 or 312140). Title 
40 CFR 52.21(b)(1)(iii) excludes fugitive emissions from ethanol 
production facilities from the ``chemical process plants'' category 
such that fugitive emissions are not considered in determining whether 
the facility is subject to PSD.
    Because Missouri has adopted 40 CFR 52.21 by reference, ethanol 
facilities emitting less than 250 tpy of a regulated air pollutant are 
not subject to PSD, and fugitive emissions from ethanol facilities are 
not considered in determining whether the facility is subject to PSD.
    Missouri also revised 10 CSR 10-6.060, Construction Permits 
Required, section 7, Nonattainment Area Major Permits. Section (7)(A) 
has been added as follows:
    (A) Definitions. Solely for the purposes of this section, the 
following definitions apply to terms in place of definitions for which 
the term is defined elsewhere, including the reference to 40 CFR 52.21 
in paragraph (7)(B)6. of this rule.
    Section (7)(A)(1) has been added as follows:
    1. Chemical process plant--These plants include ethanol production 
facilities that produce ethanol by natural fermentation included in 
NAICS codes 325193 or 312140.
    Section 7(B)(6) of 10 CSR 10-6.060 excludes fugitive emissions from 
potential to emit calculations if the source is listed in 40 CFR 
52.21(i)(1)(vii)(a) through (aa). However, Missouri's revision to 
section (7), by adding section (7)(A) and section (7)(A)(1), results in 
the inclusion of quantifiable fugitive emissions from ethanol 
productions facilities in determining the potential to emit for 
nonattainment new source review permits.
Nebraska
    Nebraska Title 129--Chapter 2--Definition of Major Source--Section 
008.01: ``Any of the following stationary sources which emits, or has 
the potential to emit, 100 tons per year or more of any regulated NSR 
pollutant: . . . chemical process plants (which does not include 
ethanol production facilities that produce ethanol by natural 
fermentation included in North American Industry Classification System 
(NAICS) codes 325193 or 312140)''.
    Chapter 19 of title 129, which contains Nebraska's PSD regulations, 
applies to the construction of any new ``major stationary source'' or 
the major modification of any existing``major stationary source'', as 
that term is defined in chapter 2, Section 008. As stated above, 
section 008.01 was revised, with a State effective date of February 6, 
2008, to exclude ethanol production facilities from the ``chemical 
process plants'' major stationary source category such that ethanol 
facilities emitting less than 250 tpy of a regulated air pollutant are 
not subject to PSD. In addition, chapter 19, sections 005.05, 006.03, 
and 016.02 exclude fugitive emissions from ethanol production 
facilities in determining whether the facility is subject to PSD.
    In addition to the revisions to chapter 2, in their submittals from 
November 19, 2010 and September 11, 2018, Nebraska requests for the EPA 
to approve changes to chapter 17, section 001.02T. These changes relate 
to the definition of chemical process plants under minor NSR. The EPA 
is not taking any action on these changes.

V. What operating permit plan revisions are being proposed by the EPA?

    The EPA is proposing to approve the following revisions to Iowa and 
Nebraska's Operating Permit Program

[[Page 60971]]

(title V) which result in the exclusion of fugitive emissions title V 
threshold calculations for certain ethanol facilities:
Iowa
    Iowa Administrative Code 567-22.100--Definitions for Title V 
Operating Permits: Iowa revised the explanation of ``chemical process 
plants'' that is contained in the definition of ``stationary source 
categories'' as follows: ``. . . (20) Chemical process plants--The term 
chemical processing plant shall not include ethanol production 
facilities that produce ethanol by natural fermentation included in 
NAICS codes 325193 or 312140''.
    Iowa's title V regulation at 567-22.101 requires any major source 
to obtain a title V operating permit. 567-22.100 defines ``major 
source'' as, among other things, a source that directly emits or has 
the potential to emit 100 tpy or more of any air pollutant subject to 
regulation, including fugitive emissions unless the source belongs to 
one of the stationary source categories listing in chapter 22. As 
stated above, 567-22.100 was revised to exclude ethanol production 
facilities from the ``chemical process plants'' category such that 
fugitive emissions are not considered in determining whether the 
facility is subject to title V permitting.
Nebraska
    Nebraska title 129--chapter 2--Definition of Major Source--section 
002.20 is revised as follows: ``Chemical process plants--The term 
chemical processing plant shall not include ethanol production 
facilities that produce ethanol by natural fermentation included in 
North American Industry Classification System (NAICS) codes 325193 or 
312140''.
    Nebraska's title V regulation, title 129 chapter 5--Operating 
Permits--When Required, requires any ``major source'' as defined in 
chapter 2 to apply for a Class I (major source) Operating permit. 
Chapter 2 section 002 defines ``major source'' as ``. . . a major 
stationary source of air pollutants is one that directly emits or has 
the potential to emit, 100 tpy or more of any air pollutant (including 
any major source of fugitive emissions of any such pollutant, as 
determined by rule by the Administrator of EPA).'' The rule goes on to 
state that ``. . . fugitive emissions of a stationary source shall not 
be considered in determining whether it is a major stationary source 
for the purposes of this subsection, unless the source belongs to one 
of the following categories of stationary source[.]'' As stated above, 
chapter 2, section 002.20 was revised to exclude ethanol production 
facilities from the ``chemical process plants'' category such that 
fugitive emissions are not considered in determining whether the 
facility is subject to title V permitting.
    Kansas and Missouri did not submit revisions to amend their 
respective title V operating permit regulations and therefore EPA is 
not taking action to revise Kansas and Missouri's title V Operating 
Permit Programs.

VI. Have the requirements for approval of a SIP revision 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 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 15 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 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.
    A Technical Support Document (TSD) for each State revision, 
available as part of this docket, contains an analysis of the potential 
impact of the SIP and title V revisions on air quality and whether 
approval of the SIP revisions will interfere with attainment or 
maintenance of the NAAQS or any other CAA requirement. Existing ethanol 
plants are listed with information from their permits, including 
applicable requirements, current PSD status, and applicable Federal 
rules that control emissions in lieu of PSD. The existing ethanol 
plants are mapped along with the ambient air monitors to demonstrate 
the relationship between ethanol production and air quality.
    Emissions from ethanol plants are compared to other emissions data 
categories for four major pollutants revealing that for the major 
pollutants associated with ethanol production, ethanol plants make up 1 
percent or less of the total anthropogenic emissions of that pollutant 
in all four States. EPA graphed air quality trends in each State, since 
the date of promulgation of the 2007 Ethanol Rule, for all criteria 
pollutants associated with ethanol production. The air quality trends 
reveal that while ethanol production increased, air quality improved 
for every pollutant monitored in each of the 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. EPA further analyzes 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 standard in these States.
    Based on the EPA's analysis in each TSD, the EPA proposes to 
conclude that approval of this action will not interfere with any 
applicable requirement concerning attainment and reasonable further 
progress (as defined in section 171 of the CAA), or any other 
applicable requirement of the CAA as required under section 110(l).

[[Page 60972]]

VII. What action is the EPA taking?

    The EPA is proposing to approve revisions to the Iowa, Kansas, 
Missouri and Nebraska SIPs and the Iowa and Nebraska Operating Permit 
Programs. We plan to take final action after consideration any comments 
received on this notice of proposed rulemaking.
    The revisions to State rules that EPA proposed to approve change 
the definition of ``major stationary source'' under the States' PSD 
regulations and the Operating Permit Program for Iowa and Nebraska. 
This action would approve 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 individual State TSDs that are part of 
this docket. This proposed action will ensure consistency between the 
State and federally-approved rules and ensure Federal enforceability of 
the State's revised air program rules.

VIII. Incorporation by Reference

    In this document, the EPA is proposing to include regulatory text 
in an EPA final rule that includes incorporation by reference. In 
accordance with requirements of 1 CFR 51.5, EPA is proposing to 
incorporate by reference 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).

IX. 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 the National Technology 
Transfer and Advancement Act (NTTA) because this rulemaking does not 
involve technical standards; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    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).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, 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: October 29, 2019.
James Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA proposes to amend 
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) * * *

[[Page 60973]]



                                          EPA-Approved Iowa Regulations
----------------------------------------------------------------------------------------------------------------
                                                      State
      Iowa citation               Title          effective date    EPA approval date          Explanation
----------------------------------------------------------------------------------------------------------------
                 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  [Date of publication  Provisions of the 2010
                           Permit Requirements                    of the final rule     PM2.5 PSD--Increments,
                           for Major Stationary                   in the Federal        SILs and SMCs rule,
                           Sources in Areas                       Register], [Federal   published in the Federal
                           Designated                             Register citation     Register on October 20,
                           Attainment or                          of the final rule].   2010, relating to SILs
                           Unclassified (PSD).                                          and SMCs that were
                                                                                        affected by the January
                                                                                        22, 2013, U.S. Court of
                                                                                        Appeals decision are not
                                                                                        SIP approved. Iowa's
                                                                                        rule incorporating EPA's
                                                                                        2008 ``fugitive
                                                                                        emissions rule''
                                                                                        (published in the
                                                                                        Federal Register on
                                                                                        December 19, 2008) is
                                                                                        not SIP-approved.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

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 date   EPA approval  date          Explanation
----------------------------------------------------------------------------------------------------------------
       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  [Date of publication  Provisions of the 2010
                           Significant                            of the final rule     PM2.5 PSD-Increments,
                           Deterioration (PSD)                    in the Federal        SILs and SMCs rule
                           of Air Quality.                        Register], [Federal   relating to SILs and
                                                                  Register citation     SMCs that were affected
                                                                  of the final rule].   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) * * *

[[Page 60974]]



                                        EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
                                                      State
   Missouri  citation             Title          effective date    EPA approval date          Explanation
----------------------------------------------------------------------------------------------------------------
                                    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  [Date of publication
                           Required.                              of the final rule
                                                                  in the Federal
                                                                  Register], [Federal
                                                                  Register citation
                                                                  of the final rule].
                                                                                       Provisions of the 2010
                                                                                        PM2.5 PSD--Increments,
                                                                                        SILs and SMCs rule
                                                                                        relating to SILs and
                                                                                        SMCs that were affected
                                                                                        by the January 22, 2013
                                                                                        U.S. Court of Appeals
                                                                                        decision are not SIP
                                                                                        approved.
                                                                                       Provisions of the 2002
                                                                                        NSR reform rule relating
                                                                                        to the Clean Unit
                                                                                        Exemption, Pollution
                                                                                        Control Projects, and
                                                                                        exemption from
                                                                                        recordkeeping provisions
                                                                                        for certain sources
                                                                                        using the actual-to-
                                                                                        projected-actual
                                                                                        emissions projections
                                                                                        test are not SIP
                                                                                        approved.
                                                                                       In addition, we have not
                                                                                        approved Missouri's rule
                                                                                        incorporating EPA's 2008
                                                                                        ``fugitive emissions
                                                                                        rule'' (published in the
                                                                                        Federal Register on
                                                                                        December 19, 2008).
                                                                                       Although exemptions
                                                                                        previously listed in 10
                                                                                        CSR 10-6.060 have been
                                                                                        transferred to 10 CSR 10-
                                                                                        6.061, the 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.
                                                                                       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 date   EPA approval  date          Explanation
----------------------------------------------------------------------------------------------------------------
                                                STATE OF NEBRASKA
----------------------------------------------------------------------------------------------------------------
                                       Department of Environmental Quality
----------------------------------------------------------------------------------------------------------------
                                   Title 129--Nebraska Air Quality Regulations
----------------------------------------------------------------------------------------------------------------
 

[[Page 60975]]

 
                                                  * * * * * * *
129-2...................  Definition of Major          2/6/2008  [Date of publication
                           Source.                                of the final rule
                                                                  in the Federal
                                                                  Register], [Federal
                                                                  Register citation
                                                                  of the final rule].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

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

* * * * *
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. The proposed revision effective date is [date 30 days after date 
of publication of the final rule in the Federal Register].
* * * * *
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. The proposed 
revision effective date is [date 30 days after date of publication of 
the final rule in the Federal Register].
* * * * *
[FR Doc. 2019-23979 Filed 11-8-19; 8:45 am]
 BILLING CODE 6560-50-P


