Federal Register / Vol. 87, No. 67 / Thursday, April 7, 2022 / Rules and Regulations 20329 

EPA-APPROVED MINNESOTA SOURCE-SPECIFIC PERMITS

Name of source Permit No. 

State 

effective 

date 

EPA approval date Comments 

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Bulk Silos ............... 12300391–102 6/3/2021 4/7/2022, [INSERT Federal Register CITATION].Only conditions cited as ‘‘Title I Condition: 

40 CFR 50.6 (PM10 SIP).’’ 

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[FR Doc. 2022–07288 Filed 4–6–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2021–0932; FRL–9461–02– 

R7] 

Air Plan Approval; Iowa; Determination 

of Attainment by the Attainment Date 

for the 2010 1-Hour Sulfur Dioxide 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

determine that the Muscatine sulfur 

dioxide (SO2) nonattainment area 

attained the 2010 1-hour SO2 primary 

national ambient air quality standard 

(NAAQS) by the applicable attainment 

date of October 4, 2018, based upon a 

weight-of-evidence analysis using 

available air quality information. 

Additional analysis of the attainment 

determination is provided in a 

Technical Support Document (TSD) 

included in the docket to this 

rulemaking. This action addresses the 

EPA’s obligation under a consent decree 

which established a deadline of March 

31, 2022 for the EPA to determine under 

Clean Air Act (CAA) section 179(c) 

whether the Muscatine SO2

nonattainment area attained the NAAQS 

by the October 4, 2018, attainment date. 

The consent decree deadline was 

extended to June 30, 2022. 

DATES: This final rule is effective on 

May 9, 2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2021–0932. 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., 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 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: 

Jason Heitman, Environmental 

Protection Agency, Region 7 Office, Air 

Quality Planning Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219; 

telephone number: (913) 551–7664; 

email address: heitman.jason@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. What is being addressed in this document? 

II. Determination 

III. Final Action 

IV. Environmental Justice Concerns 

V. Statutory and Executive Order Reviews 

I. What is being addressed in this 

document? 

The EPA is taking final action to 

determine that the Muscatine SO2

nonattainment area attained the 2010 1- 

hour SO2 primary NAAQS by the 

applicable attainment date of October 4, 

2018, based upon a weight-of-evidence 

analysis using available air quality 

information. This action also fulfills the 

EPA’s obligation under a consent decree 

in Center for Biological Diversity, et al. 

v. Regan, No. 3:20–cv–05436–EMC 

(N.D. Cal June 25, 2021), which 

established a deadline of March 31, 

2022, for the EPA to determine under 

CAA section 179(c) whether the 

Muscatine SO2 nonattainment area 

attained the NAAQS by the October 4, 

2018, attainment date. The consent 

decree deadline was extended by 

stipulation to June 30, 2022. 

II. Determination 

CAA section 179(c)(1) requires the 

Agency to ‘‘determine, based on the 

area’s air quality as of the attainment 

date, whether the area attained the 

standard by that date.’’ 

On January 26, 2022, the EPA 

published a notice of proposed 

rulemaking (NPRM) to determine that 

the Muscatine SO2 nonattainment area 

attained the NAAQS by the October 4, 

2018, attainment date. (87 FR 3958) 

During the comment period on EPA’s 

NPRM, open from January 26, 2022, to 

February 25, 2022, EPA received no 

comments. 

As discussed in the NPRM, the EPA 

first assessed what air quality 

information was available related to 

making a determination of attainment 

by the attainment date for the Muscatine 

area. The EPA chose to employ a 

weight-of-evidence approach for making 

this determination because the EPA 

does not have any analysis (including 

modeling) associated with the monitor 

siting to demonstrate that the monitors 

record maximum ambient SO2

concentrations in the NAA, nor does 

EPA have modeling of actual emissions 

to support a determination based on 

modeled ambient concentrations 

whether the area attained the NAAQS 

by the attainment date. The available 

modeling of permitted allowable 

emissions in the area, as discussed in 

the NPRM, does not on its own provide 

a basis for determining whether the area 

attained by the attainment date. Thus, 

EPA relied upon SO2 emissions data 

and trends, relevant air monitoring data 

and trends, SO2 monitoring data 

incorporated with local meteorological 

data, as well as available modeling 

information in order to make its 

determination under CAA section 

179(c)(1). 

The EPA finds that the analysis of 

multiple types of air-quality related 

information supports our determination 

and is consistent with section 

179(c)(1)’s direction to determine the 

area’s air quality as of the attainment 

date. Further detail on EPA’s weight-ofevidence analysis is contained in the 

NPRM and TSD included in the docket 

for this action. 

As discussed in the NPRM and in the 

TSD, we find that the weight of the 

available evidence indicates that the 

Muscatine area attained the 2010 1-hour 

SO2 NAAQS in the 2015–2017 


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20330 Federal Register / Vol. 87, No. 67 / Thursday, April 7, 2022 / Rules and Regulations 

timeframe by the October 4, 2018, 

attainment date. Specifically, the 

significant reductions in emissions 

during the relevant time period from 

sources within the nonattainment area 

and a nearby source outside the 

nonattainment area, coupled with 

corresponding decreased monitored SO2

concentrations within the 

nonattainment area during that same 

time period lead us to our determination 

that the area attained by its attainment 

date. 

III. Final Action 

The EPA conducted a weight-ofevidence analysis, described in detail in 

the NPRM and the TSD, to determine if 

the Muscatine SO2 nonattainment area 

attained the 2010 1-hour SO2 NAAQS 

by the October 4, 2018, attainment date 

by evaluating all available technical 

information and data relevant to the SO2

air quality (e.g., emissions, monitoring, 

meteorological data, and modeling) in 

the Muscatine, Iowa, area. Based on the 

analysis and information presented in 

the NPRM and the TSD contained in the 

docket for this action, the EPA 

determines that the Muscatine SO2 NAA 

attained the 2010 1-hour SO2 standard 

by the applicable attainment date of 

October 4, 2018, consistent with CAA 

section 179(c)(1). 

On January 26, 2022, the EPA 

published a NPRM to determine that the 

Muscatine SO2 nonattainment area 

attained the NAAQS by the October 4, 

2018, attainment date. (87 FR 3958) The 

EPA sought public comment on the 

proposed determination and received no 

comments. Therefore, the EPA is 

finalizing the determination as 

proposed. 

In addition, this action addresses 

EPA’s obligation under a consent decree 

in Center for Biological Diversity, et al. 

v. Regan, which established a deadline 

of March 31, 2022, for the EPA to 

determine under CAA section 179(c) 

whether the Muscatine County SO2

nonattainment area attained the NAAQS 

by the October 4, 2018, attainment date. 

The consent decree deadline was 

extended by stipulation to June 30, 

2022. 

This action does not constitute a 

redesignation of the Muscatine SO2

NAA to attainment for the 2010 1-hour 

SO2 NAAQS under CAA section 

107(d)(3) because we have not yet 

approved a maintenance plan for the 

area as meeting the requirements of 

section 175A of the CAA and have not 

determined that the area has met the 

other CAA section 107(d)(3)(E) 

requirements for redesignation. The 

classification and designation status in 

40 CFR part 81 will remain 

nonattainment until the EPA has 

determined that Iowa has met the CAA 

requirements for redesignation to 

attainment for the Muscatine SO2

nonattainment area. 

IV. Environmental Justice Concerns 

When the EPA establishes a new or 

revised NAAQS, the CAA requires the 

EPA to designate all areas of the U.S. as 

either nonattainment, attainment, or 

unclassifiable. Area designations 

address environmental justice concerns 

by ensuring that the public is properly 

informed about the air quality in an 

area. 

The EPA utilized the EJSCREEN tool 

to evaluate environmental and 

demographic indicators within the area. 

The tool outputs report is contained in 

the docket for this action. While the 

EPA’s EJSCREEN tool demonstrates that 

demographic indicators are consistent 

or lower than national averages, there 

are vulnerable populations in the area 

including low-income populations and 

persons over 64 years of age. 

This action addresses EPA’s 

determination, as required by the CAA, 

of whether the Muscatine County, Iowa, 

area attained the 2010 1-hour SO2

NAAQS by the relevant attainment date. 

This action determines an area has 

attained the NAAQS by the relevant 

attainment date, but it does not change 

the geographic status of the area nor 

does it impose additional or modify 

existing requirements on sources. Based 

on the information presented in the 

NPRM and the TSD, the EPA determines 

that the air quality in the Muscatine 

County area is attaining the NAAQS. 

For these reasons, this action does not 

result in disproportionately high and 

adverse human health or environmental 

effects on minority populations, lowincome populations and/or indigenous 

peoples. 

V. Statutory and Executive Order 

Reviews 

This action determines an area has 

attained the NAAQS by the relevant 

attainment date and does not impose 

additional or modify existing 

requirements. 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); 

• 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 

• This action does not have 

disproportionately high and adverse 

human health or environmental effects 

on minority populations, low-income 

populations and/or indigenous peoples, 

as specified in Executive Order 12898 

(59 FR 7629, February 16, 1994). The 

basis for this determination is contained 

in section IV of this action, 

‘‘Environmental Justice Concerns.’’ 

• This action is subject to the 

Congressional Review Act, and the EPA 

will submit a rule report to each House 

of the Congress and to the Comptroller 

General of the United States. This action 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

• Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by June 6, 2022. 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, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 


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Federal Register / Vol. 87, No. 67 / Thursday, April 7, 2022 / Rules and Regulations 20331 

Dated: March 31, 2022. 

Meghan A. McCollister, 

Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, the 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. Revise § 52.834 to read as follows: 

§ 52.834 Control strategy: Sulfur dioxide. 

(a) Approval. On April 21, 1997, the 

Iowa Department of Natural Resources 

(IDNR) submitted a maintenance plan 

and redesignation request for the 

Muscatine County nonattainment area 

for the 1971 SO2 national ambient air 

quality standard (NAAQS). The 

maintenance plan and redesignation 

request satisfy all applicable 

requirements of the Clean Air Act. 

(b) Determination of attainment by the 

attainment date. As of May 9, 2022, the 

EPA has determined that the Muscatine, 

Iowa SO2 nonattainment area has 

attained the 2010 1-hour SO2 primary 

NAAQS by the applicable attainment 

date of October 4, 2018. 

[FR Doc. 2022–07291 Filed 4–6–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 70 

[EPA–R05–OAR–2008–0138; EPA–R05– 

OAR–2011–0827; FRL–9397–02–R5] 

Air Plan Approval; Indiana, Ohio; 

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 Plan (SIP) for 

Indiana and revisions to the operating 

permit program for Ohio. The revisions 

incorporate changes to the definition of 

‘‘chemical process plants’’ under 

Indiana’s Prevention of Significant 

Deterioration (PSD) regulations and 

under Ohio’s operating permit program. 

EPA also provided an opportunity for 

public comment on similar changes to 

the definition of ‘‘major stationary 

source’’ in Ohio’s PSD regulations that 

were approved into the SIP on October 

28, 2014. The changes to the State rules 

described below 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. EPA 

proposed to approve this action on 

January 19, 2022, and received no 

adverse comments. 

DATES: This final rule is effective on 

May 9, 2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2008–0138 (Ohio) 

and EPA–R05–2011–0827 (Indiana). 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 and 

facility closures due to COVID–19. We 

recommend that you telephone Michael 

Langman, Physical Scientist, at (312) 

886–6867 or Mari Gonza ́lez, 

Environmental Engineer, at (312) 886– 

6175 before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding Indiana’s PSD 

permit program: Michael Langman, 

Physical Scientist, Air Permits Section, 

Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6867, 

langman.michael@epa.gov. For 

information regarding Ohio’s title V 

operating permit or PSD permit 

programs: Mari Gonza ́lez, 

Environmental Engineer, Air Permits 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6175, 

gonzalez.mari@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

I. Background Information 

On January 19, 2022 (87 FR 2731), 

EPA proposed to approve revisions 

excluding ethanol production facilities 

that produce ethanol by natural 

fermentation from the chemical process 

plant source category in Indiana’s PSD 

rules at 326 Indiana Administrative 

Code (IAC) 2–2–1 and Ohio’s title V 

operating permit rules at Ohio 

Administrative Code (OAC) 3745–77– 

01. An explanation of the CAA 

requirements, a detailed analysis of the 

revisions, and EPA’s reasons for 

proposing approval were provided in 

the notice of proposed rulemaking 

(NPRM), and will not be restated here. 

The public comment period for this 

proposed rule ended on February 18, 

2022. EPA received no comments on the 

proposal. 

II. Final Action 

EPA is approving revisions to the 

Indiana SIP in 40 CFR 52.770. EPA is 

also approving revisions to the Ohio 

title V operating permit program in 40 

CFR part 70, appendix A. The revisions 

that EPA is approving change the 

definition of ‘‘major stationary source’’ 

under Indiana’s PSD regulations at 326 

IAC 2–2–1(ff)(1) and Ohio’s operating 

permit program at 3745–77–01(W). EPA 

is not taking action on changes related 

to Indiana’s nonattainment new source 

review regulations in this action. EPA is 

taking no further action with respect to 

the 2014 revisions to the Ohio PSD SIP 

in 40 CFR 52.1870 related to the 2007 

Ethanol Rule because we received no 

comments on this issue in the NPRM. 

As explained in the NPRM, 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. 

III. 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 the Indiana Regulations 

described in Section II of this preamble 

and set forth in the amendments to 40 

CFR part 52 below. EPA has made, and 

will continue to make, these documents 

generally available through 

www.regulations.gov, and at the EPA 

Region 5 Office (please contact the 

person identified in the FOR FURTHER


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