development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
    Under section 6(b) of Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. Under section 6(c) of Executive
Order 13132, EPA may not issue a regulation that has federalism
implications and that preempts State law, unless the Agency consults
with State and local officials early in the process of developing the
proposed regulation.
    EPA has concluded that this final rule will not have federalism
implications. It will not impose substantial direct compliance costs on
State or local governments, nor will it preempt State law. Thus, the
requirements of sections 6(b) and 6(c) of the Executive Order do not
apply to this rule.
    In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
governments, the EPA specifically solicited comment on the proposed
rule from State and local officials.

F. Executive Order 13175--Consultation and Coordination With Indian
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 13175, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This final rule does not have
tribal implications, as specified in Executive Order 13175, as there
are no tribal authorities currently issuing PSD, major nonattainment
NSR, title V permits, or synthetic minor limits to ethanol plant which
process carbohydrate feedstocks. Thus, Executive Order 13175 does not
apply to this rule.
    Although Executive Order 13175 does not apply to this final rule,
EPA specifically solicited comment on the proposed rule from tribal
officials.

G. Executive Order 13045--Protection of Children From Environmental
Health Risks and Safety Risks

    Executive Order 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), applies to any rule that: (1) Is determined to be ``economically
significant'' as defined under Executive Order 12866; and (2) concerns
an environmental health or safety risk that EPA has reason to believe
may have a disproportionate effect on children. If the regulatory
action meets both criteria, the Agency must evaluate the environmental
health or safety effects of the planned rule on children, and explain
why the planned regulation is preferable to other potentially effective
and reasonably feasible alternatives considered by the Agency.
    EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern health or safety risks, such that the
analysis required under section 5-501 of the Executive Order has the
potential to influence the regulation. This final rule is not subject
to Executive Order 13045 because it is not ``economically significant''
as defined in Executive Order 12866 and because the Agency does not
have reason to believe the environmental health or safety risks
addressed by this action present a disproportionate risk to children.

H. Executive Order 13211--Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    These final amendments do not constitute a ``significant energy
action'' as defined in Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001), because they will not likely have a
significant adverse effect on the supply, distribution, or use of
energy.

I. National Technology Transfer and Advancement Act

    As noted in the proposed rule, section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law
104-113, 12(d) (15 U.S.C. 272 note), directs EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical.
    Voluntary consensus standards are technical standards (for example,
materials specifications, test methods, sampling procedures, and
business practices) that are developed or adopted by voluntary
consensus standards bodies. The NTTAA directs EPA to provide Congress,
through OMB, explanations when the Agency decides not to use available
and applicable voluntary consensus standards.

    These final rule amendments do not involve technical standards.
Therefore, EPA did not consider the use of any voluntary consensus
standards.

J. Executive Order 12898--Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, any disproportionately
high and adverse human health or environmental effects of their
programs, policies, and activities on minority populations and low-
income populations in the United States.
    The EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations. The reason for EPA's
determination is because the final rule does not affect the level of
protection provided to human health or the environment as it does not
change a permitting authority's obligation to maintain the NAAQS, even
though changes are being made to the PSD, major nonattainment NSR, and
title V programs.

K. Congressional Review Act

    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 rule 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. These final rule amendments do not constitute a ``major
rule'' as defined by 5 U.S.C. 804(2). Therefore, this rule will be
effective July 2, 2007.

VIII. Judicial Review

    Under section 307(b)(1) of the Act, judicial review of this final
action is available by filing of a petition for review in the U.S.
Court of Appeals for the District of Columbia Circuit by July 2, 2007.
Any such judicial review is limited to only those objections that are
raised with reasonable specificity in timely comments. Under section
307(b)(2) of the Act, the requirements of this final action may not be
challenged later in civil or criminal proceedings brought by us to
enforce these requirements.

List of Subjects

40 CFR Parts 51 and 52

    Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Nitrogen dioxide,
Ozone, Particulate matter, Reporting and recordkeeping requirements,
Sulfur oxides.

40 CFR Parts 70 and 71

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

    Dated: April 12, 2007.
Stephen L. Johnson,
Administrator.

0
For reasons stated in the preamble, title 40, chapter I of the Code of
Federal Regulations is amended as follows:

PART 51--[AMENDED]

0
1. The authority citation for part 51 continues to read as follows:

    Authority: 23 U.S.C. 101; 42 U.S.C. 7401-7671q.

Subpart I--[Amended]

0
2. Section 51.165 is amended by revising paragraphs (a)(1)(iv)(C)(20)
and (a)(4)(xx) to read as follows:

Sec.  51.165  Permit requirements.

    (a) * * *
    (1) * * *
    (iv) * * *
    (C) * * *
    (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;
* * * * *
    (4) * * *
    (xx) 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;
* * * * *

0
3. Section 51.166 is amended by revising paragraphs (b)(1)(i)(a),
(b)(1)(iii)(t), and (i)(1)(ii)(t) to read as follows:

Sec.  51.166  Prevention of significant deterioration of air quality.

* * * * *
    (b) * * *
    (1)(i) * * *
    (a) 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: Fossil fuel-fired steam electric plants of
more than 250 million British thermal units per hour heat input, coal
cleaning plants (with thermal dryers), kraft pulp mills, portland
cement plants, primary zinc smelters, iron and steel mill plants,
primary aluminum ore reduction plants (with thermal dryers), primary
copper smelters, municipal incinerators capable of charging more than
250 tons of refuse per day, hydrofluoric, sulfuric, and nitric acid
plants, petroleum refineries, lime plants, phosphate rock processing
plants, coke oven batteries, sulfur recovery plants, carbon black
plants (furnace process), primary lead smelters, fuel conversion
plants, sintering plants, secondary metal production plants, chemical
process plants (which does not include ethanol production facilities
that produce ethanol by natural fermentation included in NAICS codes
325193 or 312140), fossil-fuel boilers (or combinations thereof)
totaling more than 250 million British thermal units per hour heat
input, petroleum storage and transfer units with a total storage
capacity exceeding 300,000 barrels, taconite ore processing plants,
glass fiber processing plants, and charcoal production plants;
* * * * *
    (iii) * * *
    (t) 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;
* * * * *
    (i) * * *
    (1) * * *
    (ii) * * *
    (t) 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;
* * * * *

Appendix S to Part 51--[Amended]

0
4. Appendix S to Part 51 is amended by revising paragraphs
II.A.4.(iii)(t), and II.F.(20) to read as follows:

Appendix S to Part 51--Emission Offset Interpretative Ruling

* * * * *

    II. * * *
    A. * * *
    4. * * *
    (iii) * * *
    (t) 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;
* * * * *
    F. * * *
    (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;
* * * * *

PART 52--[AMENDED]

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

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

Subpart A--[Amended]

0
6. Section 52.21 is amended by revising paragraphs (b)(1)(i)(a),
(b)(1)(iii)(t) and (i)(1)(vii)(t) to read as follows:

Sec.  52.21  Prevention of significant deterioration of air quality.

* * * * *
    (b) * * *
    (1)(i) * * *
    (a) 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: Fossil fuel-fired steam electric plants of
more than 250 million British thermal units per hour heat input, coal
cleaning plants (with thermal dryers), kraft pulp mills, portland
cement plants, primary zinc smelters, iron and steel mill plants,
primary aluminum ore reduction plants (with thermal dryers), primary
copper smelters, municipal incinerators capable of charging more than
250 tons of refuse per day, hydrofluoric, sulfuric, and nitric acid
plants, petroleum refineries, lime plants, phosphate rock processing
plants, coke oven batteries, sulfur recovery plants, carbon black
plants (furnace process), primary lead smelters, fuel conversion
plants, sintering plants, secondary metal production plants, chemical
process plants (which does not include ethanol production facilities
that produce ethanol by natural fermentation included in NAICS codes
325193 or 312140), fossil-fuel boilers (or combinations thereof)
totaling more than 250 million British thermal units per hour heat
input, petroleum storage and transfer units with a total storage
capacity exceeding 300,000 barrels, taconite ore processing plants,
glass fiber processing plants, and charcoal production plants;
* * * * *
    (iii) * * *
    (t) 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;
* * * * *
    (i) * * *
    (1) * * *
    (vii) * * *
    (t) 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;
* * * * *

PART 70--[AMENDED]

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

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

0
8. Section 70.2 is amended by revising paragraph (2)(xx) of the
definition of ``Major source'' to read as follows:

Sec.  70.2  Definitions.

* * * * *
    Major source * * *
    (2) * * *
    (xx) 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;
* * * * *

PART 71--[AMENDED]

0
9. The authority citation for part 71 continues to read as follows:

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

Subpart A--[Amended]

0
10. Section 71.2 is amended by revising paragraph (2)(xx) of the
definition of ``Major source'' to read as follows:

Sec.  71.2  Definitions.

* * * * *
    Major source * * *
    (2) * * *
    (xx) 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;
* * * * *
[FR Doc. E7-7365 Filed 4-30-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 207 (Thursday, October 25, 2012)]
[Rules and Regulations]
[Pages 65135-65136]
[FR Doc No: 2012-26285]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2008-0334; FRL-9746-4]
RIN 2060-AQ89

National Emission Standards for Hazardous Air Pollutants for
Chemical Manufacturing Area Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; stay.

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

SUMMARY: On January 30, 2012, the EPA published in the Federal Register
a proposed rule reconsidering certain provisions in the final National
Emission Standards for Hazardous Air Pollutants for Chemical
Manufacturing Area Sources (CMAS) that was promulgated on October 29,
2009. The compliance date for the final CMAS rule is October 29, 2012.
However, the EPA is still in the process of finalizing the
reconsideration action. For this reason, a short stay of the final CMAS
rule pending completion of the reconsideration action is warranted.
Pursuant to the Clean Air Act, the EPA is staying until December 24,
2012 the final CMAS rule.

DATES: Effective October 25, 2012, 40 CFR part 63, subpart VVVVVV, is
stayed until December 24, 2012.

FOR FURTHER INFORMATION CONTACT: Mr. Nick Parsons, Sector Policies and
Programs Division (E143-01), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina 27711; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On October 29, 2009 (74 FR 56008), the EPA issued the final CMAS
rule. On February 12, 2010, the American Chemistry Council and the
Society of Chemical Manufacturers and Affiliates (collectively referred
to as ``Petitioners'') sought reconsideration of certain provisions in
the final rule. On June 15, 2010, the EPA notified Petitioners that the
EPA intended to initiate the reconsideration process.
    On January 30, 2012 (77 FR 4522), the EPA published a proposed rule
reconsidering certain aspects of the final CMAS rule, including
provisions that, if finalized, would revise the applicability of the
final rule. The compliance date for the final CMAS rule is October 29,
2012, and it was EPA's expectation that the reconsideration would be
finalized in advance of that date. However, the EPA is still in the
process of finalizing the reconsideration action. For this reason, a
short stay of the final rule is appropriate to allow the EPA the time
necessary to complete the reconsideration action.
    Pursuant to Clean Air Act section 307(d)(7)(B), the EPA is staying
for 60 days the provisions of 40 CFR part 63, subpart VVVVVV.

II. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and, therefore, is
not subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). In
addition, this action does not impose any enforceable duty or contain
any unfunded mandate as described in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104-4), or require prior consultation with state
officials as specified by Executive Order 12875 (58 FR 58093, October
28, 1993), or involve special consideration of environmental justice
related issues as required by Executive Order 12898 (59 FR 7629,
February 16, 1994). Because this action is not subject to notice-and-
comment requirements under the Administrative Procedure Act or any
other statute, it is not subject to the regulatory flexibility
provisions of the Regulatory Flexibility Act (5 U.S.C. 601, et seq.).
This action also does not have tribal implications because it will not
have a substantial direct effect on one or more Indian tribes, on the
relationship between the federal government and Indian tribes or on the
distribution of power and responsibilities between the federal
government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have federalism
implications because it does not have substantial direct effects on the
states, on the relationship between the national government and the
states or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action also is not subject to
Executive Order 13045 ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997). The
requirements of section 12(d) of the

National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply. This action does not impose an information
collection burden under the provisions of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501, et seq.). The EPA's compliance with these
statutes and Executive Orders for the underlying rule is discussed in
the October 29, 2009, Federal Register document.

B. Submission to Congress and the Comptroller General

    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. The EPA will submit a report containing
this notice and other required information to the United States Senate,
the United States House of Representatives and the Comptroller General
of the United States prior to publication of the rule in the Federal
Register. The stay of the provisions in 40 CFR part 63, subpart VVVVVV
is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure,
Air pollution control, Monitoring, Reporting and recordkeeping.

    Dated: October 19, 2012.
Lisa P. Jackson,
Administrator.

    For the reasons stated in the preamble, title 40, chapter I, part
63 of the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:

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

Subpart VVVVVV--[AMENDED]

0
2. Subpart VVVVVV is stayed from October 25, 2012 until December 24,
2012.
[FR Doc. 2012-26285 Filed 10-24-12; 8:45 am]
BILLING CODE 6560-50-P


Virtual Public Listening Sessions on EPA's draft Lead Strategy to Reduce Lead Exposures and Disparities in U.S. Communities
Docket ID: EPA-HQ-OLEM-2021-0762
R3 Public Listening Session
Date: March 3, 2022
Start Time: 6:00 PM ET
Record of Public Comments
(To view a recording of the listening session, please visit: https://youtu.be/QkFc5HyTPTo)

36:37
[Neil Boyer, NAACP-Washington, DC Branch] Neil Boyer: Thank you.
36:39
Neil Boyer: My comment is
36:42
Neil Boyer: You know, on December 16th, you know, the EPA talked about using the statu -statutory authority under the safe drinking water act to protect all Americans from lead in drinking water and this is in consistent with President Biden's goal to remove 100% of lead server pipes.
37:00
Neil Boyer: Now, I'm calling from Washington DC and our first challenges is we have differences in estimating the number of lead water service lines there are. The water utility says there were 28,000 lead water service line serving district homes, yet the office of the chief financial officer
37:21
Neil Boyer: assumes that they have 48,000 service parts which are made of lead. So my question to EPA is, what measures can EPA take to ensure that water utilities, such as DC water, providing accurate count of the number of lead service lines?
37:42
Neil Boyer: My second question is, we know that lead is a dangerous neurotoxin,
37:49
Neil Boyer: especially dangerous to children. In 20 - 2021, 29.4% of ward eight residents where age 17 and younger, and 26.9% of ward seven residents were age 17 or younger. These wards are significantly younger than the city as a whole. These are also the wards with the largest African-American populations.
38:13
Neil Boyer: So my question is, if EPA is advocating the complete removal of all lead service lines by 2030, what provisions are envisaged to ensure that effected residents have access to lead-free water, while the lead pipe replacement programs are underway?
38:33
Neil Boyer: Why doesn't EPA mandate that water utilities provide lead water filters or portable water alternatives, at no cost to their customers until such a time that lead service lines connected to these residences are fully replaced and they are no longer at risk?
38:56
Neil Boyer: According to the DC Department of Energy and Environment, 151 children under the age of six, in Washington DC, had elevated blood lead levels in 2021. 143 in 2018. 144 in 2020. 135 in 2019.
39:16
Neil Boyer: Just over the past four years, an average of 143 families in Washington DC have had to deal with members of their households being affected by lead exposure and poisoning.
39:31
Neil Boyer: Thank you.
40:00
[Carla Campbell, Private Citizen] Carla Campbell: Good evening, I'm Dr. Carla Campbell. I'm a retired pediatrician, trained in environmental medicine.
40:08
Carla Campbell: I directed or co-directed the lead evaluation clinic at the Children's Hospital of Philadelphia, during which I cared for children with lead poisoning, some with extremely high lead levels.
40:23
Carla Campbell: I also acted as a pediatric consultant for the Childhood Lead Poisoning Prevention Program of the Philadelphia Department of Public Health.
40:37
Carla Campbell: I was on the advisory committee for Childhood Lead Poisoning Prevention for the Department of Health and Human Services and the CDC
40:49
Carla Campbell: for eight years. During which I chaired the Committee for six years. Therefore, I have been very involved in childhood lead poisoning prevention and treatment throughout the course of my career.
41:04
Carla Campbell: I think, in general, there should be an emphasis on primary prevention of lead toxicity by screening homes prior to pregnant women and young children moving into them.
41:18
Carla Campbell: And updating standards for lead in house dust and soil and yards. I would also like to see some prevention work for lead exposure in air, water and soil,
41:33
Carla Campbell: as well as the elimination of aviation gas as a source of exposure. The national ambient air quality standards for lead have not been updated in quite some time,
41:49
Carla Campbell: as is the case for the EPA standard for lead in water. Lastly, exposures to cultural products such as Asian and Hispanic foods, spices, ceramics, cookware, cosmetics, etc, need to be explored and prevented.
42:13
Carla Campbell: I am a member of Project TENDR - stands for Targeting Environmental Neuro-Developmental Risks. This is a group of 50 to 60 scientists, clinicians, and childrens' advocates.
42:29
Carla Campbell: This group will be creating written testimony, in conjunction with Earth Justice, and more specific comments regarding the draft summary. I will be helping to formulate these comments to the EPA prior to the March 16
42:48
Carla Campbell: deadline. Thank you for letting me present these comments.
43:19
[Julia Cohen, Plastic Pollution Coalition] Julia Cohen, Plastic Pollution Coalition (PPC): Hi, Thank you so much,- great. Thank you so much for for holding the sessions and
43:25
Julia Cohen, Plastic Pollution Coalition (PPC): I'm Julia Cohen, from the Plastic Pollution Coalition. We are a 13-year old coalition of over 1200 organizations and businesses from around the world.
43:34
Julia Cohen, Plastic Pollution Coalition (PPC): The majority of which are in the United States. I'm personally based in Washington DC and have just had my pipes changed on my own street so,
43:42
Julia Cohen, Plastic Pollution Coalition (PPC): this is - um, feeling very, very personal, as well as the work that we do. It's great to replace all lead service lines and it's long overdue, I'm sure you guys all agree.
43:54
Julia Cohen, Plastic Pollution Coalition (PPC): However, I wanna make sure that - that we don't replace one thing with another long-term problem, and that the replace pipes are not replaced with PVC,
44:04
Julia Cohen, Plastic Pollution Coalition (PPC): or any kind of plastic pipes. You know, it's - it continues to be an environmental justice issue and it's not just the pipes when they're in use, but it's the creation of the pipes, the manufacturer of plastic pipes - PVC pipes is, you know - happens in - at the fenceline and frontline communities,
44:22
Julia Cohen, Plastic Pollution Coalition (PPC): and causes toxic pollution in the air, in the water, in those communities as well, let alone, what is known already to leach from those pipes so,
44:33
Julia Cohen, Plastic Pollution Coalition (PPC): I think it's hugely important to add that, to follow the guidance in the mix that there is a recommendation against the use of plastic replacement pipes. Um, and that you can't leave this to each state - that this has to come from the EPA. It has come from the federal level.
44:53
Julia Cohen, Plastic Pollution Coalition (PPC): And then, I would also say, there's - you know, examples. Like Newark, New Jersey replaced with copper pipes. And yes, it's more expensive but it is a long-term health - major health prevention
45:04
Julia Cohen, Plastic Pollution Coalition (PPC): problem - issue. So that said, I also think, in the meantime it's really important that what communities who know have high lead issues and lead pipe issues
45:16
Julia Cohen, Plastic Pollution Coalition (PPC): are provided with filtration and not plastic bottles of water. I was glad to hear that the EPA will not allow the federal funding to be used to purchase single-use plastic water bottles
45:27
Julia Cohen, Plastic Pollution Coalition (PPC): when in-house water is not available during installation. But what about communities that - you know, are going to spend their own money on it? I think there needs to be a recommendation that they don't do that.
45:38
Julia Cohen, Plastic Pollution Coalition (PPC): And then there also needs to be a provision made to support access to filters, for filtered water.
45:43
Julia Cohen, Plastic Pollution Coalition (PPC): And then, what about the recommendations and support during the lag time from detection and inventory, to when
45:50
Julia Cohen, Plastic Pollution Coalition (PPC): the remediation actually is finally in place? And even the guidelines that, for six months after replacement you need to be filtering your water? So that's me. That's us. Those are our concerns. Thank you so much for including them and listening - appreciate you what to do.
46:34
[Kevin Kauffman, UPMC Lead Poisoning Prevention & Ed.] Kevin Kauffman: Good evening, my name is Kevin Kauffman. I'm with UPMC Lead Poisoning Prevention and Education Program. We cover a 15-county area in south central Pennsylvania, doing lead risk assessments for children with elevated blood lead levels.
46:50
Kevin Kauffman: Um, the only three points that I wanted to ask about with this draft legislation is the first one that we talked about with the enhanced lead-safe work practices through education and outreach.
47:04
Kevin Kauffman: It looks like a lot of the education is going towards contractors, but I would suggest that we should also look at focusing education towards municipalities, specifically ones that conduct their own permitting for work that's being conducted on pre- 78' houses.
47:23
Kevin Kauffman: Um, another point was for the water safety water qualities.
47:29
Kevin Kauffman: EPA still does not regulate private wells. There's still a lot of people that do utilize private wells, so the curiosity, for me, is if EPA would step in for private wells if there is a upstream source of contamination for lead in the private well water system?
47:53
Kevin Kauffman: Um, and the last thing I just wanted to point out was with a lot of the education and materials that are brought in the country now, specifically talking about refugees that have been coming over from
48:09
Kevin Kauffman: countries as far as Nepal, Afghanistan, and African nations. We found at least with our work, that a lot of times they'll bring something with them that may be contaminated. Things like, for Afghani families,
48:25
Kevin Kauffman: coal, or bindeez from Nepali and Burmese families, or tie jeans from places such as Morocco.
48:36
Kevin Kauffman: It - I don't really see anything in the draft legislation referring to the education on those, and I definitely think with the number of refugees that we're receiving year by year
48:46
Kevin Kauffman: that should be something that should be added into the education. That's all that I have, thank you for your time.
50:32
[Talor Musil, Women for a Healthy Environment] Talor Musil, Women for a Healthy Environment: Good evening, my name is Talor Musil and I'm the health policy manager at the nonprofit called Women for a Healthy Environment,
50:40
Talor Musil, Women for a Healthy Environment: and we address environmental exposures, including lead, that impact public health, and believe everyone, especially children should have healthy spaces to live, learn, play, and grow.
50:51
Talor Musil, Women for a Healthy Environment: And our organization has distributed water filters, tested and remediated schools, and launched a cross-sector coalition in the Pittsburgh area.
51:00
Talor Musil, Women for a Healthy Environment: Between 2016 and 2020, nearly 2200 children were lead-poisoned in our community - all facing a lifetime of physiological, social and economic setbacks. And we are much like our fellow rust belt cities, when it comes to lead.
51:17
Talor Musil, Women for a Healthy Environment: Our long industrial history and associated pollution continues today with the US steel facility just outside of Pittsburgh admitting
51:25
Talor Musil, Women for a Healthy Environment: the third greatest amount of airborne lead in Pennsylvania and 97% of the lead air pollution in our county.
51:32
Talor Musil, Women for a Healthy Environment: In the late 20th century 20 - 279,000 residents left our area due to disinvestment and the foreclosure crisis, and this resulted in blight and in some cases, demolitions of older buildings, leaving lead-contaminated soil.
51:47
Talor Musil, Women for a Healthy Environment: More than 80% of our housing was built before 1978, yet low wealth and [indisernable] communities are at greatest risk of exposure to paint and dust hazards due to redlining and other structural issues mentioned in the strategy.
52:03
Talor Musil, Women for a Healthy Environment: Lead and drinking water is also top of mind for Pittsburghers. A recent report found that 80% of our water systems had detectable levels of lead.
52:12
Talor Musil, Women for a Healthy Environment: And the draft strategy, in our opinion excellently articulate the environmental justice of lead,
52:18
Talor Musil, Women for a Healthy Environment: but unfortunately, lacks urgency in the face of great opportunity for primary prevention. We'll provide full comments in writing but wanted to share a few recommendations.
52:28
Talor Musil, Women for a Healthy Environment: Revising the lead and copper rule to explicitly ban partial lead service line placements; sharing information about who the 11 priority communities are for the rrp outreach;
52:39
Talor Musil, Women for a Healthy Environment: defining how EJ communities can get in touch with the EPA and access support;
52:47
Talor Musil, Women for a Healthy Environment: including demolitions as a major contributor to airborne lead exposure and set stronger OSHA standards for lead-safe demolitions; promoting filters first at schools who cannot afford to replace lead service lines.
53:00
Talor Musil, Women for a Healthy Environment: And establishing programs for five lab testing for uninsured children and pregnant persons.
53:06
Talor Musil, Women for a Healthy Environment: In closing, we must reckon with all the sources of lead, starting in communities poisoned in part through racist and classist government policies,
53:14
Talor Musil, Women for a Healthy Environment: by moving beyond articulations of the problem and presenting equitable and specific action steps that will be accomplished on a publicly available timeline; and we're hopeful for our work together moving forward. Thank you.
55:55
[Mark Smith, The Clorox Company] Mark Smith: Ah well, first of all thank you so much for allowing us to comment. I'm Mark Smith. I'm the director for government affairs of the Clorox company. Um, we're very interested in the water space, because we own the number one consumer brand in water filtration, a the Brita brand.
56:15
Mark Smith: In our brand purpose is um, - you know, to have provide better water for people on the planet.
56:22
Mark Smith: We're currently partnering with municipalities all over United States to provide point of use filters to protect people
56:31
Mark Smith: while the larger infrastructure projects are ongoing to replace lead lines. And - and that's sort of the subject that I'd like to talk about today.
56:44
Mark Smith: If you look at the - the infrastructure bill, specifically the part on disadvantaged communities, one of the big changes was to allow
56:55
Mark Smith: for funds to be spent on point of use filters to - to protect people. And the lead and copper rule,
57:05
Mark Smith: the only mandate is to protect people for six months after the lead service line is replaced, and my question is, why should we wait? I think a number of our speakers have discussed, um the very serious health consequences of - of lead, particularly for - for children.
57:24
Mark Smith: And we have funding now. If you look at the appendix before the recent memorandum that has been put out by the head of water at the EPA,
57:34
Mark Smith: which makes point of use filters, um - you know, eligible for the $15 billion in the infrastructure bill, that's going to be flowing out to the States,
57:44
Mark Smith: we should be prioritizing protecting people using point of use filters. For $30, we can protect somebody for for six months, and with an additional filter,
57:56
Mark Smith: you know, we can provide a whole year of protection for around $50. There's no reason why we shouldn't be doing that, particularly for all the disadvantaged communities
58:06
Mark Smith: around the country where we know there are issues with their lead in their water, while these longer term infrastructure projects are ongoing.
58:15
Mark Smith: The other piece that I'd like to speak about is the environmental impact of addressing urgent problems with lead with single use bottled water.
58:26
Mark Smith: Oftentimes we find in communities that the first go-to is single use bottled water, which, as we know, has
58:34
Mark Smith: terrible consequences, both for the environment in the production of plastic, and then in the environment in terms of how those are disposed of, particularly in the oceans and waterways.
58:44
Mark Smith: So there's no reason why we shouldn't use that funding to provide point of use filters and we would suggest that the EPA, um
58:53
Mark Smith: warehouse those, such they could be used for emergency situation. So, thank you very much for this opportunity to comment.
67:40
[Joyce Ravinskas, UPMC PINNACLE LEAD PREVENTION PROGRAM] 1570****523: Thank you very much.
67:42
1570****523: I have been lead program manager for - you can see the - hold on one second.
67:53
1570****523: I have been the lead program manager for UPMC
67:59
1570****523: Lead Poisoning Prevention and Education Program, located in Harrisburg, for almost 20 years. I am a lead risk assessor and Kevin Kauffman who spoke earlier
68:08
1570****523: is my colleague and he brought up some concerns that I shared with him too.
68:14
1570****523: I also have an additional concern, and I think it affects all - all lead poisoning children, the families of PCPs and any future occupants of a lead home.
68:24
1570****523: I'm going to explain. When I receive a lead-elevated lead referral from a physician - a physician's office,
68:32
1570****523: a call is made to the parents, I introduce myself and lead education is conducted. And then we make our reasons to do a home business for and
68:40
1570****523: An ELI, which is Environmental Lead Investigation, at the home. We use an SRF, testing all painted and stain varnish areas, inside and outside of the home and
68:51
1570****523: any outbuildings and common areas. We do soil samples, we do water samples. It basically takes about two to three hours, depending on the size of the home.
69:01
and, um
69:03
1570****523: then we ask tough questions that the parents have, we reinforce the education that we've already conducted on the phone. A lot is done. We take the
69:12
1570****523: um, samples, and we take our SRF back, and we download it and we create a report and letter, and then the samples are sent out to a lab and the turn-around time is quick.
69:24
1570****523: The letters are all, then, once we get them back, the letters are all sent out to all parties, meaning the parents, the landlord, the
69:34
1570****523: um, physican, the state health nurse, and the codes department. Here's where the problem lies, so we can do all of that, - everybody could come together and do their part and do their best for that child that has a lead
69:48
1570****523: - lead problem, but codes - city codes is our backbone. We have no enforcement powers to make the landlord correct any lead issues. Now, Philadelphia, Lancaster city,
69:59
1570****523: Williamsport, Allentown, Hazleton, Bethlehem, Pittsburgh, and a handful of other towns, have a codes department that will, you know, - take the report and they enforce it, however most towns do not.
70:14
1570****523: They either do not have a codes department or the codes department does not want to be bothered with lead.
70:19
1570****523: Often, saying they're not going to do anything about it, um - so, there we go. And, we've made so many great strides in - so far - in lead, and we're making more with the help - great help of EPA too.
70:33
1570****523: Um, we've lower the level to 3.5. More doctors are testing and there's more involvement, - you know, in all different agencies across - you know, this area.
70:44
1570****523: My concern, though, is the houses that did not have a codes department enforce that - that work be done, and too often I receive another lead referral from an address we have already conducted a year or so ago.
70:58
1570****523: But it's a different family referred now, and the leaded home was never abated or remediated, and now has become a revolving door for more families to become lead-poisoned.
71:10
1570****523: Thank you.
72:29
[Robert Germann, Private Citizen] Robert Germann: Great, and I appreciate you letting me come on too late. I had a prior appointment and I'm glad I made it because
72:36
Robert Germann: I, uh
72:37
Robert Germann: I'm - I'm gonna give you some history. I live in San Diego, retired teamster truck driver.
72:43
Robert Germann: Uhm, I would, I am and my
72:46
Robert Germann: concern which is - leaded av gas. It is utterly amazing to me that this is still in existence.
72:55
Robert Germann: As being a retired teamster truck driver, and in our sector of the transportation industry, we - our trucks have been under EPA scrutiny for decades.
73:10
Robert Germann: For decades! We parked our trucks if they did not pass the sniff - sniffer test, outside the gate. And yet we have these small general aviation aircraft
73:25
Robert Germann: burning lead over our houses. In my particular situation, they're two or three hundred feet - and I have - over our houses and our schools, and yet it seems like the EPA is dependent on the FAA for any kind of guidance, which is
73:44
Robert Germann: - I'm I'm dumbfounded. I I just can't believe it when you compare it to other transportation sectors.
73:54
Robert Germann: The bottom line is that what I repeatedly hear from the FAA is the pilot in command decides on whether to fly, and how to fly. The FAA cannot tell these guys
74:08
Robert Germann: what to use, but they can recommend. So if the pilot in command decides that unleaded fuel wouldn't work in his aircraft, that's his choice. If he doesn't like to burn unleaded fuel
74:25
Robert Germann: and he feels that his aircraft is unsafe burning unleaded fuel and can only burn leaded fuel, then guess what - the plane does not take off!
74:36
Robert Germann: This is so simple! If you compare it, like I said, to the trucking industry we couldn't leave the yard, so if he's not burning unleaded he doesn't leave the airport.
74:51
Robert Germann: This - this is - this is simple. You've applied the same procedures and principles to trucking - and cars, apply it to aircraft. The country is not going to go broke if the small general aviation aircraft do not take off. Park 'em. it's real simple. Ban leaded fuel.
75:16
Robert Germann: If they don't want to use unleaded, then they don't fly.
75:23
Robert Germann: I don't know - I think my two-year old could understand this. Okay, that's my comment.
75:29
Robert Germann: And I really appreciate you having this, and for letting me come on. Hopefully, I made some sense and I just didn't ramble. I didn't have my glass of wine, so I probably didn't make any sense. Anyway, thank you.
75:41
Robert Germann: Bye.
76:12
[Kirsten Tiller, Private Citizen] Kirsten: Yes, hi my name is Kirsten Tiller. Um, so I have a couple comments on various things.
76:20
Kirsten: There's a lot of things that I want to say. Um, I guess starting off pretty, um
76:25
Kirsten: I'll just start off, like, with stakeholders. So I mean, I know that you talk about community engagement, right? And having a lot of stakeholders to the tables, but what does that exactly
76:36
Kirsten: mean? Can you explicitly state who they're - who they're going to be? Are you really going to be going to communities down on the ground level? Like, how
76:44
Kirsten: how is it really going to be? Is it just going to be a listening room, or is it going to be an active role
76:50
Kirsten: right? one of partnership. When I think that that will be the best way to really get things going. And we talked a little bit about water filters. I think that's huge but also like five gallon
77:01
Kirsten: water exchange programs. I think it's really important that the cost doesn't go to the consumers. Like, it's not our fault that
77:09
Kirsten: lead pipes, - you know, exist. Right? So, I don't think that that burden should fall to the consumers. And the duration, like we talked about, right? We know that there can be lead. It takes a while.
77:19
Kirsten: It can take a while to figure out that there is lead in the system, right? So we don't want people consuming lead in the meantime.
77:26
Kirsten: And we don't want, you know, months - however long it takes to replace it right, - we don't want them consuming lead, and then the six months after, whatever, so, we want to make sure that there's no consumption of lead, during that time period.
77:38
Kirsten: Another thing that I think is really important is just the knowledge about lead exposure. I think there are a lot of misconceptions and misinformation about lead.
77:47
Kirsten: That I really think there needs to be a really active campaign on and that just really hasn't been done in a while.
77:53
Kirsten: I think that people think 'oh it's just a Flint thing' 'oh it's just this thing' but it's a lot more serious than that, right?
78:00
Kirsten: Um, I also think that there's a lot of distrust in communities surrounding water. If you take DC, for example, a lot of people
78:07
Kirsten: um boil water, right, in DC, because of various health issues that came out. But, you know, actually that's pretty dangerous when you think about it, because
78:16
Kirsten: boiling water causes the lead to make it worse, and then you end up having higher levels of lead, um
78:23
Kirsten: in the water. So it's just, like I think that there needs to be active campaigns around this making sure that people understand what they can do, and that they don't end up making things worse, um, trying to help the situation. And I think also another problem I've seen is
78:41
Kirsten: some leadership and the water community, - some of them have denied that partial lead pipe removal is a problem, and I think that can be really serious.
78:53
Kirsten: So, if there could just be, if the EPA could just really strongly state that you know,
78:59
Kirsten: partial lead pipe removal does, - if you do that, it causes increases in lead exposure. I think that'll be really,
79:06
Kirsten: really important. So I'm sorry for going too fast, I know I had a lot of things I wanted to say. So I'll just, kind of, just hit the points again: the stakeholders; like I was saying, water filters; misinformation about lead; and distrust in communities. Thank you so much.
81:22
[Mark Smith, The Clorox Company] Mark Smith: Yeah, hi. Um, Thank you so much. Since there wasn't any other comments, there were a couple of items that I wanted - I didn't get a chance to address, that I think are important.
81:33
Mark Smith: Just to add on to my - my earlier comments, the other - so, one piece is around schools and daycares. And so, in the - in the draft strategy, there's - there's a focus on testing.
81:48
Mark Smith: But, um, testing is great, but what you need is testing and treatment. And so, in a lot of times we find with the WIIN grants, there are
82:00
Mark Smith: funds to do testing, but not funds to actually solve the issues, once the test show that there are lead issues in, for example, a daycare or school. And so, um, that I think is a really important piece
82:14
Mark Smith: that should be addressed in the policy. The other piece that I wanted to mention may be a little non-traditional, but I think it's important, particularly given all the supply chain issues that we're dealing with
82:28
Mark Smith: here in this country.
82:30
Mark Smith: It's that, um - you know, the water filtration, particularly point of use filters are subject to China
82:39
Mark Smith: 3 O 1 tariffs, which basically end up doubling their price, and so, um
82:46
Mark Smith: that's an issue that I believe EPA should be aware of as they're thinking about how to protect communities all over the United States. Obviously,
82:56
Mark Smith: for us, that's an important additional source of capacity for - for point of use filters. It's not our primary source, but if we really are committed to protecting people
83:09
Mark Smith: we need to be sourcing as many point of use filters proactively, as possible. And that is an important part of that overall strategy, so I think that's an important piece to note as well. So thank you for the additional time.


[Federal Register Volume 79, Number 230 (Monday, December 1, 2014)]
[Rules and Regulations]
[Pages 71025-71029]
[FR Doc No: 2014-28147]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2014-0550; FRL-9919-87-Region 7]

Approval and Promulgation of Implementation Plans; State of Iowa;
2014 Iowa State Implementation Plan

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the State Implementation Plan (SIP) for
the State of Iowa. This final action will approve a revision to Iowa's
SIP for the 2006 24-hour PM2.5 National Ambient Air Quality
Standards (NAAQS). The proposed action was published in the Federal
Register on August 11, 2014. As stated in the proposal, the SIP
revision submitted by the state satisfies the applicable requirements
of the Clean Air Act (CAA) and will keep the Muscatine County, Iowa
area in attainment of the 2006 24-hour PM2.5 NAAQS.

DATES: This final rule is effective on December 31, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2014-0550. All documents in the docket are listed on
the http://www.regulations.gov Web site. 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 either electronically through
http://www.regulations.gov or in hard copy at the Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219. The Regional Office's official hours
of business are Monday through Friday, 8:00 to 4:30 excluding Federal
holidays. The interested persons wanting to examine these documents
should make an appointment with the office at least 24 hours in
advance.

FOR FURTHER INFORMATION CONTACT: Amy Algoe-Eakin, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA. This section provides additional information by
addressing the following:

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. EPA's Response to Comments
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    EPA is granting final approval to the Iowa SIP submitted in
response to a July 14, 2011, SIP Call related to the 2006 24-hour
PM2.5 NAAQS. 76 FR 41424. EPA proposed approval of this SIP
revision on August 11, 2014. 79 FR 46742. A complete background of this
rulemaking can be found in the docket for the proposal.

II. Have the requirements for approval of a SIP revision been met?

    The state submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission 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 document which is part of this document, the revision meets the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations.

III. EPA's Response to Comments

    The public comment period on EPA's proposed rule opened August 11,
2014, the date of its publication in the Federal Register, and closed
on September 10, 2014. During this period, EPA received three comment
letters from the Iowa Chapter of the Sierra Club, Iowa Environmental
Council, and Clean Air Muscatine, Inc.
    Comment 1: Two commenters commented on the negative effects of
PM2.5 emissions the citizens of Muscatine. One commenter
stated that excessive PM2.5 emissions ``deprive health
people of their ability to live their lives as actively as they might
wish.'' One commenter stated that PM2.5 causes and
exacerbates respiratory illness. A commenter also stated that excessive
PM2.5 emissions impede a community's ability to enjoy
economic progress.
    Response 1: EPA agrees that PM2.5 emissions can have
negative health and economic effects on a community. EPA issued a SIP
Call to Iowa to address the violations of the 2006 24-hour
PM2.5 NAAQS in the Muscatine County, area. 76 FR 41424. The
July 30, 2014, Technical Support Document (TSD) for this proposed
action \1\ shows that the monitored values are currently below the 2006
24-hour PM2.5 NAAQS. In this SIP being finalized today the
State of Iowa has identified permanent and enforceable strategies to
provide for continued attainment.
---------------------------------------------------------------------------

    \1\ 79 FR 43742 (August 11, 2014); EPA-R07-OAR-2014-0550; FRL
9915-02-Region 7.
---------------------------------------------------------------------------

    Comment 2: Two commenters commented on the emissions from Grain
Processing Corporation (GPC). Both commenters note that GPC has a
history of pollution and violating the CAA. Both commenters noted the
enforcement action taken by the Iowa Attorney General's office
regarding violations at GPC. Both commenters also expressed concerns
about GPC complying with the terms of the SIP.
    Response 2: The final action today incorporates Iowa's SIP into the
Federally-approved SIP. As a result, EPA will have the authority to
enforce any violations of the SIP pursuant to section 113 of the CAA.
EPA intends to monitor compliance with the obligations set forth in
Iowa's SIP for the Muscatine County area to ensure the area continues
to attain the NAAQS. Further, the SIP contingency measures provide,
that if, after the implementation of controls, the area violates the
standard, the contingency measures will go into effect to reduce
PM2.5 emissions in the Muscatine County area. These
protections ensure that emission sources will comply with the terms of
the SIP.
    Comment 3: Two commenters stated that the 2017 attainment date was
later than what was proposed in the SIP Call. One commenter stated that
the technology to ``clean the air'' has been around for years and the
corrective measures proposed are to be completed by 2017.
    Response 3: The July 30, 2014, TSD for the proposed action \2\
shows that the monitored values for PM2.5 in the Muscatine
area are currently below the 2006 24-hour PM2.5 NAAQS and
the State of Iowa has identified permanent and enforceable strategies
to provide for continued attainment. Further, the TSD discusses the
complexity of the projects GPC is implementing. The number of
pollutant-reducing projects as well as the necessity of a phased
construction

approach illustrate that the 2017 attainment date is as expeditious as
practicable.
---------------------------------------------------------------------------

    \2\ Id.
---------------------------------------------------------------------------

    Comment 4: One commenter notes that the SIP submission from Iowa
was a year later than what was proposed in the SIP Call.
    Response 4: EPA agrees that State of Iowa did not submit the SIP to
EPA within the timeframe identified in the SIP Call. However, the
Muscatine County area is currently attaining the PM2.5 2006
24-hour NAAQS and in the SIP being finalized today, the State of Iowa
has demonstrated permanent and enforceable strategies are in place to
provide for continued attainment.
    Comment 5: One commenter noted that the contingency measure
triggers in the proposed action were different than what was stated in
the SIP Call.
    Response 5: In the SIP call, EPA stated that it did not intend for
CAA section 175A(d) to apply literally to the Muscatine area, but
rather provided that Iowa follow section 175A(d) as a guide for
developing and implementing contingency measures. 76 FR 41428. At the
time of the SIP Call, EPA believed it was reasonable to expect the 98th
percentile would be the appropriate trigger for implementing
contingency measures. 76 FR at 41426. After reviewing Iowa's SIP
revision and the associated contingency measures, EPA believes that the
SIP revision meets the requirements of the SIP Call. Iowa has used
section 175A(d) as guidance in developing the contingency measures, as
required by the SIP Call. The contingency measure trigger proposed by
Iowa is also reasonable. The first contingency measure trigger using
the design value, to determine whether there is a violation, is
consistent with the 2006 PM2.5 NAAQS. The second contingency
measure trigger using the 98th percentile value is consistent with
EPA's SIP Call. Iowa will immediately implement the contingency
measures as described below, upon reaching the first trigger. EPA has
carefully reviewed the control strategy and the contingency measures
proposed and agrees that the design value trigger for the contingency
measures is reasonable, given the strength of the control strategy and
the contingency measures proposed and the current design value data of
28 [mu]g/m\3\.
    Comment 6: One commenter noted that it was difficult for the public
to meaningfully participate in the SIP process if EPA does not follow
what was stated in a final SIP Call.
    Response 6: EPA provided opportunity for public comment in
accordance with the CAA for the SIP Call and the proposed rule to
approve Iowa's SIP. The SIP Call provided requirements for the state to
address and also identified that the state establish a specific date in
its SIP revision by which the Muscatine area will attain the standard.
Further, the SIP Call provided that EPA will then establish a specific
date for attainment when the Agency takes action on the state's plan.
In today's action after proposing this action and taking comment, EPA
is finalizing that plan in accordance with the SIP Call. The public,
including the commenter had adequate opportunity and did provide
comment on EPA's proposed action.

IV. What action is EPA taking?

    EPA is taking final action to grant full approval of Iowa's SIP
revision to address the 2006 24-hour PM2.5 NAAQS.

V. 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'' under the terms
of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 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 (Public Law 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by January 30, 2015. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: November 14, 2014.
Karl Brooks,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 52 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 (d) is amended by adding
entries (29) through (109) in numerical order to read as follows:

Sec.  52.820  Identification of plan.

* * * * *
    (d) * * *

                                                    EPA-Approved Iowa Source--Specific Orders/Permits
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                State
          Name of source               Order/permit No.    effective date             EPA approval date                         Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      * * * * * * *
(29) Grain Processing Corporation.  Administrative              2/14/2014  12/1/2014 [Insert Federal Register      The last sentence of Paragraph 5,
                                     Consent Order NO.                      citation].                              Section III and Section VI are not
                                     2014-AQ-A1.                                                                    approved by EPA as part of the SIP.
(30) Muscatine Power and Water....  Permit NO. 74-A-175-        7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S3.                                    citation].
(31) Muscatine Power and Water....  Permit NO. 80-A-006-        7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S3.                                    citation].
(32) Muscatine Power and Water....  Permit NO. 80-A-007-        7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S3.                                    citation].
(33) Muscatine Power and Water....  Permit NO. 80-A-191-        7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                     P2.                                    citation].
(34) Muscatine Power and Water....  Permit NO. 80-A-193-        7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S3.                                    citation].
(35) Muscatine Power and Water....  Permit NO. 80-A-194-        7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S3.                                    citation].
(36) Muscatine Power and Water....  Permit NO. 80-A-197-        7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S2.                                    citation].
(37) Muscatine Power and Water....  Permit NO. 80-A-200-        7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S1.                                    citation].
(38) Muscatine Power and Water....  Permit NO. 80-A-201-        7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S1.                                    citation].
(39) Muscatine Power and Water....  Permit NO. 80-A-202-        7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S2.                                    citation].
(40) Muscatine Power and Water....  Permit NO. 93-A-283-        7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S2.                                    citation].
(41) Muscatine Power and Water....  Permit NO. 93-A-288-        7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S3.                                    citation].
(42) Muscatine Power and Water....  Permit NO. 93-A-289-        7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S3.                                    citation].
(43) Muscatine Power and Water....  Permit NO. 93-A-290-        7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S3.                                    citation].
(44) Muscatine Power and Water....  Permit NO. 93-A-373-        7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                     P2.                                    citation].
(45) Muscatine Power and Water....  Permit NO. 00-A-638-        7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S3.                                    citation].
(46) Muscatine Power and Water....  Permit NO. 00-A-639-        7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S1.                                    citation].
(47) Muscatine Power and Water....  Permit NO. 00-A-689-        7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S1.                                    citation].
(48) Muscatine Power and Water....  Permit NO. 00-A-684-        7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S1.                                    citation].
(49) Muscatine Power and Water....  Permit NO. 00-A-686-        7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S1.                                    citation].
(50) Muscatine Power and Water....  Permit NO. 00-A-687-        7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S1.                                    citation].
(51) Muscatine Power and Water....  Permit NO. 01-A-193-        7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S2.                                    citation].
(52) Muscatine Power and Water....  Permit NO. 01-A-218-        7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S1.                                    citation].
(53) Muscatine Power and Water....  Permit NO. 01-A-456-        7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S1.                                    citation].
(54) Muscatine Power and Water....  Permit NO. 01-A-617-        7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S1.                                    citation].

(55) Muscatine Power and Water....  Permit NO. 04-A-618-        7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S1.                                    citation].
(56) Muscatine Power and Water....  Permit NO. 04-A-619-        7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S1.                                    citation].
(57) Muscatine Power and Water....  Permit NO. 11-A-562-        7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S1.                                    citation].
(58) Muscatine Power and Water....  Permit NO. 13-A-139..       7/23/2013  12/1/2014 [Insert Federal Register      .....................................
                                                                            citation].
(59) Muscatine Power and Water....  Permit NO. 13-A-140..       7/23/2013  12/1/2014 [Insert Federal Register      .....................................
                                                                            citation].
(60) Muscatine Power and Water....  Permit NO. 13-A-141..       7/23/2013  12/1/2014 [Insert Federal Register      .....................................
                                                                            citation].
(61) Muscatine Power and Water....  Permit NO. 13-A-142..       7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                                                            citation].
(62) Muscatine Power and Water....  Permit NO. 13-A-143..       7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                                                            citation].
(63) Muscatine Power and Water....  Permit NO. 13-A-146..       7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                                                            citation].
(64) Muscatine Power and Water....  Permit NO. 13-A-147..       7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                                                            citation].
(65) Muscatine Power and Water....  Permit NO. 13-A-148..       7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                                                            citation].
(66) Muscatine Power and Water....  Permit NO. 13-A-150..       7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                                                            citation].
(67) Muscatine Power and Water....  Permit NO. 13-A-151..       7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                                                            citation].
(68) Muscatine Power and Water....  Permit NO. 13-A-152..       7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                                                            citation].
(69) Muscatine Power and Water....  Permit NO. 13-A-153..       7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                                                            citation].
(70) Muscatine Power and Water....  Permit NO. 13-A-154..       7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                                                            citation].
(71) Muscatine Power and Water....  Permit NO. 13-A-155..       7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                                                            citation].
(72) Muscatine Power and Water....  Permit NO. 13-A-157..       7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                                                            citation].
(73) Muscatine Power and Water....  Permit NO. 13-A-158..       7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                                                            citation].
(74) Muscatine Power and Water....  Permit NO. 13-A-159..       7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                                                            citation].
(75) Muscatine Power and Water....  Permit NO. 13-A-161..       7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                                                            citation].
(76) Muscatine Power and Water....  Permit NO. 80-A-196-        7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S3.                                    citation].
(77) Muscatine Power and Water....  Permit NO. 93-A-286-        7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S4.                                    citation].
(78) Muscatine Power and Water....  Permit NO. 01-A-457-        7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S4.                                    citation].
(79) Muscatine Power and Water....  Permit NO. 06-A-650-        7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S2.                                    citation].
(80) Muscatine Power and Water....  Permit NO. 13-A-160..       7/22/2013  12/1/2014 [Insert Federal Register      .....................................
                                                                            citation].
(81) Union Tank Car Company.......  Permit NO. 93-A-251-        4/08/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S5.                                    citation].
(82) Union Tank Car Company.......  Permit NO. 93-A-252-        4/08/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S5.                                    citation].
(83) Union Tank Car Company.......  Permit NO. 93-A-253-        4/08/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S5.                                    citation].
(84) Union Tank Car Company.......  Permit NO. 93-A-254-        4/08/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S3.                                    citation].
(85) Union Tank Car Company.......  Permit NO. 00-A-1086-       4/08/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S2.                                    citation].
(86) Union Tank Car Company.......  Permit NO. 00-A-1087-       4/08/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S2.                                    citation].
(87) Union Tank Car Company.......  Permit NO. 00-A-1088-       4/08/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S2.                                    citation].
(88) Union Tank Car Company.......  Permit NO. 93-A-255-        4/08/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S7.                                    citation].
(89) Union Tank Car Company.......  Permit NO. 96-A-629-        4/08/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S3.                                    citation].

(90) Union Tank Car Company.......  Permit NO. 96-A-630-        4/08/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S5.                                    citation].
(91) Union Tank Car Company.......  Permit NO. 96-A-631-        4/08/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S3.                                    citation].
(92) Union Tank Car Company.......  Permit NO. 96-A-636-        4/08/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S3.                                    citation].
(93) Union Tank Car Company.......  Permit NO. 00-A-529-        4/08/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S2.                                    citation].
(94) Union Tank Car Company.......  Permit NO. 00-A-530-        4/08/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S2.                                    citation].
(95) Union Tank Car Company.......  Permit NO. 00-A-531-        4/08/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S2.                                    citation].
(96) Union Tank Car Company.......  Permit NO. 00-A-532-        4/08/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S2.                                    citation].
(97) Union Tank Car Company.......  Permit NO. 00-A-533-        4/08/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S2.                                    citation].
(98) Union Tank Car Company.......  Permit NO. 93-A-256-        4/08/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S6.                                    citation].
(99) Union Tank Car Company.......  Permit NO. 96-A-632-        4/08/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S5.                                    citation].
(100) Union Tank Car Company......  Permit NO. 96-A-633-        4/08/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S5.                                    citation].
(101) Union Tank Car Company......  Permit NO. 96-A-634-        4/08/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S5.                                    citation].
(102) Union Tank Car Company......  Permit NO. 96-A-635-        4/08/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S5.                                    citation].
(103) Union Tank Car Company......  Permit NO. 00-A-1089-       4/08/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S2.                                    citation].
(104) Union Tank Car Company......  Permit NO. 00-A-1090-       4/08/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S2.                                    citation].
(105) Union Tank Car Company......  Permit NO. 00-A-1091-       4/08/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S2.                                    citation].
(106) Union Tank Car Company......  Permit NO. 10-A-043-        4/08/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S2.                                    citation].
(107) Union Tank Car Company......  Permit NO. 09-A-009-        4/08/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S2.                                    citation].
(108) Union Tank Car Company......  Permit NO. 09-A-010-        4/08/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S2.                                    citation].
(109) Union Tank Car Company......  Permit NO. 94-A-434-        4/08/2013  12/1/2014 [Insert Federal Register      .....................................
                                     S2.                                    citation].
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2014-28147 Filed 11-28-14; 8:45 am]
BILLING CODE 6560-50-P