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OAR Box 1818 

Prepped by Ollie Stewart 

Document Number: 

69) lll-A-2 

Docket Number: 

A-87-11 

Printed 11/6/2008 3:12:46 PM Sheet 69 of 79 
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33438 Federal Register / Vol. 52. No. 171 / Thursday. September 3. 1987 / Proposed Rules 

II. Review of the State Submittal 

A. Regulations 

On May 20.1986, the state submitted 

its slack height SIP. The submittal 

contained revised Chapters 22 and 23 

regulations which addressed EPA's 

requirements as amended on July 8. 

1985. The regulations were adopted by 

the Water, Air and Waste Commission 

on April 22.1986. after proper notice and 

public hearing in accord with 40 CFR 

51.102. 

Paragraph 22.3(1)C provides that, for 

new source construction permits, an 

emission limitation shall not be affected 

in any manner by stack height above 

GEP or by any other prohibited 

dispersion techniques. This provision 

meets the requirements of 40 CFR 51.164 

(old §51.18(1)). 

Subrule 23.1(4) sets limits for the 

maximum stack height credit to be used 

for the purpose of setting emission 

limitations and is consistent with 40 

CFR 51.118(a) (old § 51.12(j)). The 

definitions of "stack", "a stack in 

existence", "dispersion technique", 

"nearby", and "excessive 

concentration" as set forth in 40 CFR 

51.1(ff) through (hh). (jj). and (kk) as 

amended on July 8,1985. are adopted by 

reference. (These definitions are now at 

40 CFR 5L100ffl) through (hh). (jj). and 

(kk)). The exemptions provided in 40 

CFR 51.118(b) (old 5 51.12(k)) are also 

adopted by reference. The state's 

definition of "good engineering practice" 

is consistent with 40 CFR 51.100(H) (old 

§ 51.1(H)). Consistent with 40 CFR 

51.118(a) (old 5 51.12(j)) and 51.164 (old 

§ 51.18(1)). the subrule meets the public 

participation requirements regarding 

emission limitations established in 

consideration of field studies or fluid 

modeling. 

Subrule 23.3(2) was amended to delete 

provisions which addressed 

supplemental control systems. Such 

system would constitute a prohibited 

dispersion technique under 40 CFR 

51.100(hh) (old § 51.1(hh)). 

The regulations adopted by the state 

of Iowa do not include EPA's definition 

of emission limitation or emission 

standard found at 40 CFR 51.100(z) (old 

51.1(z)). Iowa's regulations contain a 

definition for "emission standard" at 

Rule 20.2. Definitions. That definition is 

not consistent with the EPA definition at 

51.100(z). On April 22.1987. the state of 

Iowa provided EPA with a letter 

committing to a revision of its emission 

standard definition before the end of 

September 1987. which will be 

consistent with EPA's definition- EPA 

proposes to incorporate the state's 

committal letter as part of the SIP in the 

final rulemaking, unless the definition of 

emission standard is revised and 

submitted prior to final rulemaking. 

B. Analysis of Affected Facilities 

The state's May 20 submittal also 

included a formal statement, including 

documentation, that no source-specific 

emission limitations revisions were 

necessary; i.e.. negative declarations. 

EPA's initial review, however, 

concluded that sources in the Muscatine 

area would require extensive reanalysis 

and possibly emission limit revisions. 

Also, additional documentation was 

needed for the remainder of the state's 

affected facilities whose negative 

declarations were consistent with EPA 

policy. 

On September 15.1986. the state 

submitted the necessary additional 

documentation and formally withdrew 

its negative declarations for three 

sources in the Muscatine area: (1) IowaIllinois Louisa Generating Station: (2) 

Muscatine Power and Water, and (3) 

Grain Processing Corporation. The 

September 15 submittal included a 

commitment to reanalyze the Muscatine 

area sources and to submit revised 

emission limitations as necessary by 

June 30. 1987. Those revisions will be 

addressed in a future Federal Register 

notice. 

For the remainder of the sources in 

Iowa. EPA has determined that no 

revisions of existing emissions limits are 

required by the Clean Air Act. section 

123. which provides that an emissions 

limit shall not be affected in any manner 

by a prohibited dispersion technique. 

Several of the emissions limits outside 

of Muscatine were established through 

dispersion modeling which included 

stack heights equal to or less than good 

engineering practice (GEP). The 

emission limits for most sources outside 

the Muscatine area were based on an 

"example region" approach. Pursuant to 

EPA's regulations (36 FR 15486 (August 

14.1971)). these emissions limits were 

not based on air quality demonstrations 

specific to the actual sources. The 

"example" region" approach as used by 

the state of Iowa did not give credit for 

stack height in excess of GEP as defined 

by section 123 of the Dean Air Act. 

A detailed review of the state 

submittals is contained in the EPAprepared technical support document 

and is available for public inspection at 

the EPA Regional Office listed in the 

ADDRESS Section of this notice. 

EPA intends to add the documented 

source-specific negative declarations 

and the September 15 commitment to 

the Iowa SIP as additional material. This 

will provide a clear record of the state's 

actions and intentions in these matters. 

Proposed Action 

EPA proposes to approve the 

amended Iowa Chapters 22 and 23 

regulations which address EPA's revised 

stack height requirements. Also. EPA 

proposes to approve the state's sourcespecific negative declarations which 

certify that, excluding the Muscatine 

area, affected facilities in the state do 

not require emission limit revisions in 

accord with EPA's revised stack height 

requirements. 

EPA is soliciting comments on today's 

proposed rulemaking. The Administrator 

will consider comments received in 

deciding to approve the state's SIP 

submittal. 

Under 5 U.S.C 605(b). I certify that 

this SIP revision will not have a 

significant economic impact on a 

substantial number of small entities. 

(See 46 FR 8709.) 

The Office of Management and Budget 

has exempted this rule from the 

requirements of section 3 of Executive 

Order 12291. 

List of Subjects in 40 CFR Part 52 

Air pollution control. Sulfur oxides. 

Authority: 42 U.S.C 7401-7642. 

Date: November 14.1988. 

Morris Kay, 

Regional Administrator. 

Editorial Note: This document wai received 

at the Office of the Federal Register August 

31.1987. 

IFR Doc. 87-20295 Filed 9-2-87: 8:45 am) 

BILLING COOC «S«0-SO-*l 

40 CFR Parts 80, 86, and 600 

[AMS-FRL-3256-21 

Control of Gasoline and Alcohol 

Blends Volatility and Evaporative 

Emissions, and Refueling Emissions 

From New Motor Vehicles and Engines 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of public hearing. 

SUMMARY: This notice announces the 

time and place for a combined public 

hearing on EPA's proposed regulation to 

control refueling emissions and the 

proposed regulation to control the 

volatility of gasoline and alcohol blends 

sold in the summertime. These proposals 

were both published in the Federal 

Register on August 19.1987 (52 FR 31162 

and 52 FR 31274). 

DATES: This hearing is scheduled to take 

place on October 27-29.1987. The 

hearing will be convened at 9:00 a.m. on 

each day and will adjourn at 5:00 p.m. or 
"federal Register / Vol. 52. No. 171 / Thursday, September 3, 1987 / Proposed Rules 

such later time as may be necessary for 

completion of testimony. Depending 

upon the extent of testimony, the full 

three days may not be needed. In that 

case, the hearing will conclude upon 

presentation of all testimony. 

ADDRESSES: The public hearing will be 

held at the Dulles International Airport 

Holiday Inn. 1000 Sully Road. Sterling. 

Virginia (outside Washington, DC). 

Materials relevant to the proposed 

refueling emission controls are available 

in Public Docket No. A-87-11. Materials 

relevant to the proposed gasoline 

volatility regulations are available in 

Public Docket No. A-85-21. These 

dockets are located at the 

Environmental Protection Agency, 

Central Docket Section, Room 4. South 

Conference Center, Waterside Mall, 401 

M Street SW., Washington. DC 20460. 

The docket section is open for 

inspection weekdays between 8:00 a.m. 

and 3:00 p.m. A reasonable fee may be 

charged for providing copies of material 

in the dockets. 

FOR FUBTMER IMFORMATtON ©OMTACT: 

Mr. Philip Carlson, U.S. Environmental 

Protection Agency, Emission Control 

Technology Division, 2565 Plymouth 

Road, Ann Arbor. MI 4B10S, Telephone: 

(313) 668-4270. 

sumsoflEWTAfw UNFOHKIATIOM: Any 

person desiring to make a statement at 

the public hearing should notify the 

contact person indicated above of such 

intention, in writing or by telephone, by 

October 13,1987. When notifying the 

contact person of your intent to make a 

statement at the hearing, please specify 

any need for audio-visual equipment. It 

is suggested that sufficient copies of any 

written statement or material be brought 

to the hearing for distribution to the 

audience. 

A sign-up sheet will be available at 

the registration table the morning of the 

hearing for scheduling the order of 

testimony. However, depending on the 

number of people wishing to testify, the 

hearing officer may elect to schedule 

panels of testifiers in order to facilitate 

conduction of the hearing. 

A joint hearing has been scheduled for 

these two proposals in recognition of the 

interactions between some aspects of 

the proposals. However, in order to 

insure an orderly public review and 

clearly distinguish between the two, 

commenters wishing to testify on both 

proposals are requested to prepare their 

testimony so as to furnish separate 

comments on each proposal. 

Also, EPA recommends that parties 

interested in commenting on Bonner and 

Moore's most recent refinery modeling 

comment on the final report rather than 

on the draft report which is already in 

Public Docket No. 85-21 (Document No. 

II-A-30). The final report will be placed 

in this docket on or about September 11. 

It will contain a number of sensitivity 

analyses not contained in the draft as 

well as correct errors in the draft report. 

The record for the hearing will remain * 

open until November 30,1987, to allow 

submission of rebuttal testimony and 

supplementary information. Any 

material submitted during this period of 

time should be sent to the EPA Central 

Docket Section at the address given, 

above. Attention; Docket No. A-87-11 

for the refueling emission control 

proposal, or Attention: Docket A-85-21, 

for the gasoline volatility control 

proposal. It is also requested, but not 

required, that a copy of this submittal be 

sent directly to tha contact person 

indicated above. 

Persons intending to participate in the 

hearing may submit written questions on 

any matters relevant to this proposal to 

the presiding officer at any time. To the 

extent that time permits, the presiding 

officer, at his discretion, may direct 

these questions to witnesses testifying 

at the hearing or as appropriate to EPA 

personnel present at the hearing for 

answers. If time does not permit all such 

written questions to be addressed at the 

hearing, EPA will provide the remaining 

questions to the appropriate witnesses 

or EPA personnel for written response to 

be placed in the rulemaking docket. 

Commenters desiring to submit 

proprietary information should clearly 

distinguish such information from other 

comments to the greatest extent 

possible, and label it "Confidential 

Business Information." Submissions 

containing such proprietary information 

should be sent directly to the EPA 

contact person indicated above, and not 

to the Public Docket, to insure that 

proprietary information is not 

inadvertently placed in the docket. 

Information covered by such a 

proprietary claim will be disclosed by 

EPA only to the extent, and by means of 

the procedures set forth in 40 CFR Part 

2. If no claim of confidentiality 

accompanies the information when it is 

received by EPA. it will be made 

available to the public without further 

notice to the commenter. 

Mr. J. Craig Potter, Assistant 

Administrator for the Office of Air and 

Radiation, is hereby designated as the 

Presiding Officer of the hearing. The 

hearing will be conducted informally 

and technical rules of evidence will not 

apply. A written transcript of the 

hearing will be taken. Anyone desiring 

to purchase a copy of this transcript 

should make arrangements individually 

with the court reporter recording the 

hearing. 

Date: August 27.1387. 

VV. Ray Cunningham, 

Acting Assistant.Administrator for Air and 

Radiation. 

[FR Doc. 87-20296 Filed $-2-87; 8:45 ami 

BILUNQ COOE 6560-SO-C3 

40 CFR Part 2S1 

tSW-FRL-3254-2] 

Hazardous Waste l^anagemont 

System; IderattftesMom and Listing oU -

Hazardouc- Wasto; Proposed EHC-lusion 

AGEMev: Environmental Protection 

Agency. 

ACTION: Proposed rule and request for 

comment. 

SUMMAf-iv: The Environmental Protection 

Agency (EPA) today is proposing to 

exclude from the list of hazardous 

wastes contained in 40 CFR 261.31 and 

261.32 solid waste that will'be generated 

from the treatment of Syntex lagoon 

sludge by EPA's Mobile Incineration 

System located in McDowell, Missouri. 

This action responds to a delisting 

petition submitted under 40 CFR 260.20, 

which allows any person to petition the 

Administrator to modify or revoke any 

provision of Parts 260 through 265,124, 

270, and 271 of Title 40 of the Code of 

Federal Regulations and 40 CFR 260.22, 

which specifically provides generators 

the opportunity to petition the 

Administrator to exclude a waste on a 

"generator-specific basis" from the 

hazardous waste list. 

DATES: EPA will accept public 

comments on this proposed action until 

October 5,1987. Comments postmarked 

after the close of the comment period 

will be stamped "late." 

Any person may request a hearing on 

this proposed action by September 14, 

1987. The request must contain the 

information prescribed in 40 CFR 

260.20(d). 

ADDRESSES: Send three copies of your 

comments to EPA. Two copies should be 

sent to the Docket Clerk, Office of Solid 

Waste (WH-562). U.S. Environmental 

Protection Agency, 401 M Street, SW., 

Washington. DC 20460. A third copy 

should be sent to ]im Kent, Variances 

Section. Assistance Branch, PSP/OSW 

(WH-563), U.S. Environmental 

Protection Agency, 401 M Street, SW„ 

Washington, DC 20460. Identify your 

comments at the top with this regulatory 

docket number: "F-87-SSDP-FFFFF." 

Requests for a hearing should be 

addressed to Bruce Weddle, Director, 

Permits and State Programs Division, 

Office of Solid Waste (WH-563), U.S. 

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