30348 Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Rules and Regulations 

§ 165.1333 Security Zones, Seattle’s 

Seafair Fleet Week moving vessels, Puget 

Sound, WA. 

(a) Location. The following areas are 

security zones: All navigable waters 

within 500 yards of each designated 

participating vessel in the Parade of 

Ships while each such vessel is in the 

Sector Puget Sound Captain of the Port 

(COTP) zone, as defined in 33 CFR 

3.65–10, during a time specified in 

paragraph (e) of this section. The Coast 

Guard will publish a notice in the 

Federal Register each year before the 

start of the Seattle Seafair Fleet Week to 

identify the designated participating 

vessels for that year. Should information 

in the notice change after publication, as 

it may for operational reasons, the Coast 

Guard will use actual notice to enforce 

security zones around participating 

vessels not in the published notice. The 

Coast Guard will also provide this 

information in the Local Notice to 

Mariners. 

* * * * * 

(e) Annual enforcement period. The 

security zones described in paragraph 

(a) of this section will be enforced 

during Seattle Seafair Fleet Week each 

year for a period of up to 1 week. The 

Seattle Seafair Fleet Week will occur 

annually sometime between July 25 and 

August 14. The annual notice published 

in the Federal Register identifying the 

designated participating vessels will 

contain the dates and times that this 

section will be enforced. The Coast 

Guard will issue a Broadcast Notice to 

Mariners before the start of the Seattle 

Seafair Fleet Week to identify the 

designated participating vessels for that 

year. In addition, members of the public 

may contact the Sector Puget Sound 

COTP at (206) 217–6002 for a list of 

participating vessels. 

Dated: June 22, 2018. 

M.M. Balding, 

Captain, U.S. Coast Guard, Acting Captain 

of the Port Puget Sound. 

[FR Doc. 2018–13899 Filed 6–27–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2017–0143; FRL–9979– 

97—Region 7] 

Air Plan Approval; Iowa; Amendment 

to the Administrative Consent Order, 

Grain Processing Corporation, 

Muscatine, Iowa; Final Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a revision to the State 

Implementation Plan (SIP) submitted by 

the State of Iowa for the purpose of 

incorporating an amendment to the 

Administrative Consent Order (ACO) for 

Grain Processing Corporation (GPC), 

Muscatine, Iowa. The revision amends 

the ACO to change the date for 

completion of performance testing to 

allow the state more time to complete 

processing air construction permit 

applications submitted by GPC and 

specify testing requirements as 

appropriate in the final permits. This 

revision will not impact the schedule 

for installation and operation of control 

equipment, will not alter any other 

compliance dates, and will not 

adversely affect air quality in 

Muscatine, Iowa. The state held a 30- 

day comment period, during which no 

comments were received. 

DATES: This final rule is effective on July 

30, 2018. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2017–0143. 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: 

Heather Hamilton, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

(913) 551–7039, or by email at 

hamilton.heather@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to EPA. This section 

provides additional information by 

addressing the following: 

I. Background 

II. What is being addressed in this document? 

III. Have the requirements for approval of a 

SIP submission been met? 

IV. What action is EPA taking? 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. Background 

On August 25, 2017, EPA proposed to 

approve a revision to the Iowa State 

Implementation Plan (SIP) which 

amended the Administrative Consent 

Order (ACO) for Grain Processing 

Corporation (GPC), Muscatine, Iowa. 

The revision amended the ACO to 

change the date for completion of 

performance testing from May 31, 2017, 

to May 31, 2018, to allow the state more 

time to complete processing the 

remaining air construction permit 

applications submitted by GPC, and to 

specify testing requirements as 

appropriate in the remaining final 

permits. See 82 FR 40519. In 

conjunction with the August 25, 2017 

notice of proposed rulemaking (NPR), 

EPA issued a direct final rule (DFR) 

approving the amended ACO. See 82 FR 

40491. In the DFR, EPA stated that if 

adverse comments were submitted to 

EPA by September 25, 2017, the action 

would be withdrawn and not take effect. 

EPA received an adverse comment prior 

to the close of the comment period. EPA 

withdrew the DFR on October 12, 2017. 

See 82 FR 47396. 

On April 11, 2018, EPA proposed to 

incorporate the amendment to the ACO 

for GPC. See 83 FR 15526. A revised 

Technical Support Document was 

included in the docket that addressed 

background information with regard to 

air quality in Muscatine, Iowa, as well 

as declining design values for the 

National Ambient Air Quality Standard 

for fine particulate matter with a 

diameter of 2.5 microns or smaller 

(PM2.5). The proposal also addressed 

EPA’s response to the adverse 

comments. The comment period for the 

proposed action ended on May 11, 2018. 

Three comments were received that 

were not related to the scope of the 

proposed rulemaking and therefore, will 

not be addressed in this final 

rulemaking. 

II. What is being addressed in this 

document? 

This final action approves a revision 

to the Iowa State Implementation Plan 

(SIP) submitted by the State of Iowa for 

the purpose of incorporating an 

amendment to the Administrative 

Consent Order (ACO) with Grain 

Processing Corporation (GPC), 

Muscatine, Iowa. The revision changes 

the date for completion of performance 

testing from May 31, 2017, to May 31, 

2018, and will allow the state more time 

to complete processing air construction 

permit applications submitted by GPC 

and specify testing requirements as 

appropriate in the final permits. This 

amendment will not impact the 


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Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Rules and Regulations 30349 

1 62 FR 27968 (May 22, 1997). 

schedule for installation and operation 

of control equipment, will not alter any 

other compliance dates, and will not 

adversely affect air quality in the 

Muscatine, Iowa, area. 

III. Have the requirements for approval 

of a SIP submission been met? 

The state met the public notice 

requirements for SIP submissions in 

accordance with 40 CFR 51.102. The 

state initiated public comment from 

April 6, 2013, to May 8, 2013. One 

comment was received and adequately 

addressed in the final SIP submission. 

The amended submission was placed on 

public comment January 12, 2017, to 

February 15, 2017. No comments were 

received. These submissions also 

satisfied the completeness criteria of 40 

CFR part 51, appendix V. In addition, as 

explained above and in more detail in 

the technical support documents which 

are part of the docket for this 

rulemaking, the submissions met the 

applicable substantive SIP requirements 

of the CAA, including section 110 and 

implementing regulations. 

IV. What action is EPA taking? 

This final action approves a SIP 

revision submitted by the State of Iowa 

for the purpose of incorporating an 

amendment to the Administrative 

Consent Order (ACO) with Grain 

Processing Corporation (GPC), 

Muscatine, Iowa. 

V. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of a revision to Iowa’s EPAapproved State source-specific permits 

described in the direct final 

amendments to 40 CFR part 52 set forth 

below. 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). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

State Implementation Plan, have been 

incorporated by reference by EPA into 

that plan, are fully Federally enforceable 

under sections 110 and 113 of the CAA 

as of the effective date of the final 

rulemaking of EPA’s approval, and will 

be incorporated by reference in the next 

update to the SIP compilation.1

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, 

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). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by August 27, 2018. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Particulate matter, Reporting 

and recordkeeping requirements. 

Dated: June 13, 2018. 

James B. Gulliford, 

Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

as set forth below: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart Q—Iowa 

■ 2. Section 52.820 paragraph (d) is 

amended by revising the entry ‘‘(29) 

Grain Processing Corporation’’ to read 

as follows: 


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30350 Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Rules and Regulations 

1Under the CAA, a Class I Federal area is one in 

which visibility is protected more stringently than 

under the national ambient air quality standards. 

Class I Federal areas include national parks, 

wilderness areas, monuments, and other areas of 

special national and cultural significance. 

§ 52.820 Identification of plan 

* * * * * 

(d) * * * 

EPA-APPROVED IOWA SOURCE-SPECIFIC ORDERS/PERMITS

Name of source Order/Permit No. State effective 

date EPA approval date Explanation 

*******

(29) Grain Processing 

Corporation.

Administrative Consent Order No. 

2014–AQ–A1.

1/16/17 12/1/14, 79 FR 71025; amendment approved 6/28/18 [Insert 

Federal Register citation].

The last sentence of Paragraph 5, Section 

III and Section VI are not approved by 

EPA as part of the SIP. 

*******

* * * * * 

[FR Doc. 2018–13857 Filed 6–27–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2015–0034; FRL–9980– 

09—Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Minnesota; Regional Haze Progress 

Report 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving Minnesota’s 

regional haze progress report under the 

Clean Air Act (CAA) as a revision to the 

Minnesota State Implementation Plan 

(SIP). Minnesota has satisfied the 

progress report requirements of the 

Regional Haze Rule. Minnesota also 

provided a determination of the 

adequacy of its plan in addressing 

regional haze with its negative 

declaration, submitted with the progress 

report, that no revisions are needed to 

its plan. 

DATES: This final rule is effective on July 

30, 2018. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2015–0034. All 

documents in the docket are listed on 

the www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(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 either through 

www.regulations.gov or at the 

Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Matt 

Rau, Environmental Engineer, at (312) 

886–6524 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: Matt 

Rau, Environmental Engineer, Control 

Strategies Section, Air Programs Branch 

(AR–18J), Environmental Protection 

Agency, Region 5, 77 West Jackson 

Boulevard, Chicago, Illinois 60604, 

(312) 886–6524, rau.matthew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. Background 

II. What are EPA’s responses to the 

comments? 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. Background 

States are required to submit a 

progress report every five years that 

evaluates progress towards the 

reasonable progress goals (RPGs) for 

each mandatory Class I Federal area 1

(Class I area) within the state and in 

each Class I area outside the state which 

may be affected by emissions from 

within the state. 40 CFR 51.308(g). 

States are also required to submit, at the 

same time as the progress report, a 

determination of the adequacy of the 

state’s existing regional haze SIP. 40 

CFR 51.308(h). The first progress report 

SIP is due five years after submittal of 

the initial regional haze SIP. 

Minnesota submitted its regional haze 

plan to EPA on December 30, 2009, with 

a supplement submitted on May 8, 

2012. Correspondingly, Minnesota 

submitted its five-year progress report 

and its determination of adequacy on 

December 30, 2014. Minnesota made no 

substantive revisions to its regional haze 

plan as it determined that the existing 

SIP is sufficient to achieve the 2018 

reasonable progress goals for the Class I 

areas impacted by Minnesota emissions 

and thus further revision to the SIP was 

unnecessary. EPA is approving 

Minnesota’s progress report on the basis 

that it satisfies the applicable 

requirements of 40 CFR 51.308. 

In order to satisfy the requirements for 

Best Available Retrofit Technology 

(BART) for certain taconite ore 

processing facilities in Minnesota, EPA 

promulgated a Federal Implementation 

Plan (FIP) for taconite on February 6, 

2013, (78 FR 8706) and revised the 

taconite FIP on April 12, 2016, (81 FR 

21672). Minnesota elected to use the 

Cross-State Air Pollution Rule (CSAPR) 

to satisfy BART for its electric 

generating units. 

Two Class I areas are located in 

Minnesota, the Boundary Waters Canoe 

Wilderness Area (Boundary Waters) and 

the Voyageurs National Park 

(Voyageurs). Further, Minnesota 

emissions contribute to visibility 

impairment at a Class I area located out 

of state, the Isle Royale National Park 

(Isle Royale) in Michigan. 

A direct final rule (DFR) approving 

the Minnesota regional haze progress 

report published on October 18, 2017 

(82 FR 48425), along with a proposed 

rule (82 FR 48472) that provided a 30- 

day public comment period. The DFR 

evaluated the Minnesota submission by 

assessing its progress in implementing 

its regional haze plan during the first 

half of the first implementation period 

as well as the statutory and regulatory 

background for EPA’s review of 


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