[Federal Register Volume 85, Number 222 (Tuesday, November 17, 2020)]
[Rules and Regulations]
[Pages 73218-73229]
[FR Doc No: 2020-24031]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2017-0416; FRL-10016-10-Region 7]

Air Plan Approval; Iowa; Air Quality Implementation Plan--
Muscatine Sulfur Dioxide Nonattainment Area and Start-up, Shutdown,
Malfunction SIP Call Withdrawal

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision, submitted by the state of Iowa,
through the Iowa Department of Natural Resources (IDNR), to the EPA on
May 26, 2016, for the purpose of providing for attainment of the 2010
1-hour primary Sulfur Dioxide (SO2) National Ambient Air
Quality Standard (NAAQS) in the Muscatine County, Iowa nonattainment
area (NAA). The EPA concludes that Iowa has appropriately demonstrated
that its SIP provides for attainment with the 2010 1-hour primary
SO2 NAAQS in the NAA, and that the plan meets the other
applicable requirements under the Clean Air Act (CAA or Act). As a part
of approving the attainment demonstration, the EPA is taking final
action to approve into the Iowa SIP the SO2 emissions limits
and associated compliance parameters for the NAA. The EPA is also
applying a policy regarding startup, shutdown, and malfunction (SSM)
exemption provisions in the Iowa SIP that is consistent with the EPA's
national policy. In light of this policy and the EPA's evaluation of
Iowa's SIP, the EPA is withdrawing the SIP call issued to Iowa as part
of the EPA's 2015 SSM SIP Action.

DATES: This rule will become effective on December 17, 2020.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2017-0416. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information may not be publicly available, i.e.,
Confidential Business Information 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 www.regulations.gov or in hard
copy at the Atmospheric Programs Section, Air Planning and Development
Branch, Air and Radiation Division, U.S. Environmental Protection
Agency, Region 7, 11201 Renner Boulevard, Lenexa, Kansas 66219. The EPA
requests that if at all possible, you contact the person listed in the
FOR FURTHER INFORMATION CONTACT section to schedule your inspection.
The Regional Office's official hours of business are Monday through
Friday 8:30 a.m. to 4:30 p.m., excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Ashley Keas, Environmental Protection
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219; telephone number:<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' and ``our'' is used, we mean the EPA.

Table of Contents

I. Background for This Action
    A. The Muscatine Attainment Plan
    B. The EPA's 2015 SSM SIP Action
    C. The SSM SIP Call for Iowa
    D. The EPA's 2020 SSM SIP Guidance Memorandum
II. The EPA's Evaluation of the Iowa SIP
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background for This Action

A. The Muscatine Attainment Plan

    On June 22, 2010, the EPA published a new 1-hour primary
SO2 NAAQS of 75 parts per billion (ppb), which is met at an
ambient air quality monitoring site when the 3-year average of the
annual 99th percentile of daily maximum 1-hour average concentrations
does not exceed 75 ppb, as determined in accordance with appendix T of
40 CFR part 50.\1\ On August 5, 2013, the EPA designated the first set
of areas of the country as nonattainment for the 2010 1-hour
SO2 NAAQS, including the partial Muscatine County NAA in
Iowa.\2\ The designations were effective

October 4, 2013, which triggered a requirement for Iowa to submit a SIP
revision with a plan for how the Muscatine NAA would attain the 2010 1-
hour SO2 NAAQS as expeditiously as practicable in accordance
with CAA sections 110, 172 and 191-192. Section 191(a) of the CAA
directs states to submit SIPs for areas designated as nonattainment for
the 2010 1-hour SO2 NAAQS to the EPA within 18 months of the
effective date of the designation, i.e., by no later than April 4,
2015, in this case. Section 192(a) requires that such plans provide for
NAAQS attainment as expeditiously as practicable, but no later than 5
years from the effective date of the nonattainment designation, i.e.,
no later than October 4, 2018 in this case. Section 172(c) of part D of
title I of the CAA lists the required components of a NAA plan
submittal. The base year emissions inventory (section 172(c)(3)) is
required to show a ``comprehensive, accurate, current inventory'' of
all relevant pollutants in the NAA. The NAA plan must identify and
quantify any expected emissions from the construction of new sources to
account for emissions in the area that might affect reasonable further
progress (RFP) toward attainment, or that might interfere with
attainment and maintenance of the NAAQS, and it must provide for a
nonattainment new source review (NNSR) program (section 172(c)(5)). The
attainment demonstration must include a modeling analysis showing that
the enforceable emissions limitations and other control measures taken
by the state will provide for RFP and expeditious attainment of the
NAAQS (section 172(c)(2), (4), (6) and (7)). The NAA plan must include
an analysis of the reasonably available control measures (RACM)
considered, including reasonably available control technology (RACT)
(section 172(c)(1)). Finally, the attainment plan must provide for
contingency measures (section 172(c)(9)) to be implemented either in
the case that RFP toward attainment is not made, or in the case that
the area fails to attain the NAAQS by the attainment date. The EPA's
regulations at 40 CFR part 51, subparts F and G further prescribe the
procedural and substantive requirements attainment plans must meet in
order to obtain the EPA's approval.
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    \1\ See 75 FR 35520, codified at 40 CFR 50.17(a)b).
    \2\ See 78 FR 47191, codified at 40 CFR part 81, subpart C.
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    On April 23, 2014, the EPA issued a guidance document entitled,
``Guidance for 1-Hour SO2 Nonattainment Area SIP
Submissions'' (hereafter April 2014 Guidance).\3\ The April 2014
Guidance provides recommendations for the development of SO2
attainment SIPs to satisfy CAA requirements for NAAs (see, e.g.,
sections 172 and 191-192). As detailed in the EPA's April 2014
guidance, such attainment plans are to contain six CAA-required
elements: An emissions inventory of current emissions for all sources
of SO2 within the NAA; a NNSR permit program; an attainment
demonstration using an EPA-approved air dispersion model; contingency
measures; RFP; and implementation of a control strategy. The state
noted that as part of its control strategy, 58 construction permits in
the attainment plan relied on the SIP-called SSM-related provisions in
Iowa Administrative Code (IAC) 567-24.1(1) (``Condition 6'' of each
permit). Therefore, the state's NAA plan SIP submission requested that
the EPA not act on Condition 6 of the included permits, and accordingly
this language is not incorporated into the SIP.\4\ An attainment
demonstration must also meet the requirements of 40 CFR 51.112 and part
51, appendix W, and include inventory data, modeling results, and
emissions reduction analyses on which the state has based its projected
attainment. The April 2014 Guidance also discusses the option to
utilize emission limits with longer averaging times of up to 30 days so
long as the state meets various suggested criteria to ensure attainment
of the 2010 1-hour SO2 NAAQS.
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    \3\ Guidance for 1-Hour SO2 Nonattainment Area SIP
Submissions; April 23, 2014.
    \4\ As discussed in section II of this document, the EPA Region
7 Office is taking final action to apply the policy related to SSM
provisions in the Iowa SIP as also detailed in the June 22, 2020,
proposal and therefore is also withdrawing the SIP call issued to
Iowa as part of the EPA's 2015 SSM SIP Action. For these reasons, if
Iowa requests that the EPA act on Condition 6 of the 58 construction
permits submitted to the EPA as part of the control strategy for the
attainment plan, the EPA could propose to approve those provisions
based on the rationale set forth in this document as well as in the
prior proposals and associated RTC document.
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    On March 18, 2016, the EPA published a document that the state of
Iowa failed to submit the required SO2 attainment plan for
the Muscatine area by the SIP submittal deadline.\5\ This finding
initiated a deadline under CAA section 179(a) for the potential
imposition of new source and highway funding sanctions. Iowa submitted
an attainment demonstration for the Muscatine NAA on May 26, 2016 and
the SIP became complete by operation of law on November 26, 2016. Due
to the SIP submittal becoming complete by operation of law, the
sanctions under section 179(a) were never imposed. Additionally, under
CAA section 110(c), the finding triggered a requirement that the EPA
promulgate a Federal Implementation Plan (FIP) within two years of the
finding unless, by that time (a) the state has made the necessary
complete submittal and (b) the EPA has approved the submittal as
meeting applicable requirements. With this final action to approve the
Iowa SIP, the EPA's statutory obligation to issue a FIP no longer
applies.
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    \5\ See 81 FR 14736.
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    On August 24, 2017, the EPA proposed to approve Iowa's SIP
submittal, which included all the specific attainment planning elements
mentioned previously and new SO2 emission limits at Grain
Processing Corporation (GPC), Muscatine Power and Water (MPW), and
Monsanto, the three primary SO2 sources located inside the
boundaries of the NAA.\6\ The emission limits at MPW have an averaging
time of 21 days, longer than the 1-hour form of the primary
SO2 NAAQS. These longer-term average limits were developed
in accordance with the April 2014 Guidance. The 30-day public comment
period closed on September 25, 2017. The EPA received three sets of
comments on the proposed approval of Iowa's SIP submission. One set of
comments was from an anonymous source and was in support of the
proposed rule, a second set of comments was from the Sierra Club, and a
third set of comments was from the Iowa Environmental Council (IEC),
both of which were adverse to the proposed rule. All of the public
comments are available in the docket for this final rulemaking action.
Among the adverse comments, the EPA received comment suggesting that
insufficient information was provided in the docket to allow the
reviewer the ability to fully evaluate the attainment plan and the
EPA's proposed action to approve it. Another comment similarly stated
that insufficient emissions inventory information for the 2018
attainment year was provided in the proposed action.
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    \6\ See 82 FR 40086.
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    As a result of these comments suggesting insufficient information
was available, on January 9, 2018, the EPA published, in the Federal
Register, a supplemental notice of proposed rulemaking (SNPRM) that:
(1) Provided additional information in the docket and clarified that
all information, including large files, were available upon request;
(2) provided an updated 2018 projected emissions inventory; \7\ and (3)
re-opened the comment period to afford the public an opportunity to
comment on the specific additions of

information only.\8\ The 30-day public comment period closed on
February 9, 2018. The EPA received eight sets of comments during the
public comment period for the supplemental notice. One set of comments
from the Sierra Club and one set of comments from an anonymous
submitter were adverse to the proposed action. The Sierra Club comments
were largely related to the longer-term average limits for MPW, while
the anonymous submitter requested additional modeling information. Six
sets of comments were not directly related to the proposed action.
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    \7\ IDNR concurred with the EPA's updated emissions inventory
via email dated December 18, 2017. See Document Q in the docket for
this action.
    \8\ See 83 FR 997.
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    On both the August 24, 2017, and January 9, 2018, notices of
proposed rulemaking, the EPA received adverse comments related to SSM
provisions in the Iowa SIP. As a result of adverse comments received on
the proposal actions, the EPA published a second SNPRM on June 22,
2020, to provide additional detail regarding technical support for
approving the attainment demonstration and control strategy submitted
by Iowa for the Muscatine NAA. This proposal also detailed the policy
under consideration by the EPA Region 7 Office related to SSM
provisions in the Iowa SIP and, if adopted, proposed to withdraw the
SIP call issued to Iowa as part of the EPA's 2015 SSM SIP Action. The
30-day public comment period closed on July 22, 2020. The EPA received
three sets of comments during this third public comment period. Two
sets of comments, one from the SSM Coalition and one from NEDACAP
(National Environmental Development Association's Clean Air Project),
were supportive of the EPA's proposed action. The third set of comments
represents a joint set of adverse comments submitted by several
environmental and public health organizations (Earthjustice,
Environmental Integrity Project, Iowa Environmental Council, Natural
Resources Defense Council, and Sierra Club). All of the public comments
received on the three aforementioned proposals \9\ are included in the
public docket for this action at www.regulations.gov. Also included in
the docket for this action is a Response to Comment (RTC) document
which includes summaries of the adverse comments received on the three
proposals along with the EPA's responses to those comments. No response
is needed for comments in support of or not related to the proposed
actions. For a comprehensive discussion of Iowa's SO2
attainment SIP and the EPA's analysis and rationale for approval,
please also refer to the August 24, 2017, January 9, 2018, and June 22,
2020, proposed rulemakings.\10\ The EPA also updated Document A,
``Index of Docket Documents'' in the docket to this rulemaking for ease
of referencing supporting materials for this action.
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    \9\ See 82 FR 40086, 83 FR 997, and 85 FR 37405, respectively.
    \10\ See 82 FR 40086, 83 FR 997, and 85 FR 37405, respectively.
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B. The EPA's 2015 SSM SIP Action

    On June 30, 2011, Sierra Club (Petitioner) filed a petition for
rulemaking (petition) asking the EPA to consider how identified air
agency rules in the EPA-approved SIPs treated excess emissions during
periods of startup, shutdown, or malfunction of industrial process or
emission control equipment. On July 12, 2015, the EPA responded to the
petition, restated and updated its national policy regarding SSM
provisions in SIPs, and found pursuant to CAA section 110(k)(5) that a
number of the identified provisions were ``substantially inadequate''
to meet Clean Air Act requirements, requiring certain states to amend
those provisions.\11\ This action is referred to as the 2015 SSM SIP
Action.\12\ In the 2015 SSM SIP Action, among other things, the EPA
defined the following terms:
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    \11\ A CAA section 110(k)(5) finding of substantial inadequacy
is known as a ``SIP call'' and referenced as such in this action.
    \12\ See 80 FR 33840.
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Automatic Exemption

    A generally applicable provision in a SIP that would provide
that if certain conditions existed during a period of excess
emissions, then those exceedances would not be considered violations
of the applicable emission limitations.\13\
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    \13\ See 80 FR 33840, page 33842.
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Emission Limitation

    In the context of a SIP, a legally binding restriction on
emissions from a source or source category, such as a numerical
emission limitation, a numerical emission limitation with higher or
lower levels applicable during specific modes of source operation, a
specific technological control measure requirement, a work practice
standard, or a combination of these things as components of a
comprehensive and continuous emission limitation in a SIP provision.
In this respect, the term emission limitation is defined as in
section 302(k) of the CAA. By definition, an emission limitation can
take various forms or a combination of forms, but in order to be
permissible in a SIP it must be applicable to the source
continuously, i.e., cannot include periods during which emissions
from the source are legally or functionally exempt from regulation.
Regardless of its form, a fully approvable SIP emission limitation
must also meet all substantive requirements of the CAA applicable to
such a SIP provision, e.g., the statutory requirement of section
172(c)(1) for imposition of reasonably available control measures
and reasonably available control technology (RACM and RACT) on
sources located in designated NAAs.\14\
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    \14\ See 80 FR 33840, page 33842.

    The EPA used the U.S. Court of Appeals for the D.C. Circuit's
decision in Sierra Club v. Johnson, 551 F.3d 1019 (D.C. Cir. 2008)
(Sierra Club), to further support its position in the 2015 SSM SIP
Action that SIPs may not contain SSM exemption provisions. In Sierra
Club, the D.C. Circuit reviewed an EPA rule promulgated pursuant to CAA
section 112 that contained an automatic SSM exemption and found that
``the SSM exemption violates the CAA's requirement that some section
112 standard apply continuously.'' \15\ In the 2015 SSM SIP Action, the
EPA applied the Sierra Club court's interpretation of CAA section
302(k) definition of ``emission limitation'' in the CAA section 112
context to the requirements of CAA section 110. CAA section
110(a)(2)(A) provides that SIPs shall include ``enforceable emission
limitations and other control measures, means, or techniques . . . as
may be necessary or appropriate to meet the applicable requirements of
this chapter.'' The EPA's application of the Sierra Club decision to
CAA section 110 SIP requirements rested on the Agency's premise that
the D.C. Circuit's interpretation of the definition of ``emission
limitation'' in CAA section 302(k) applied generally to the Act. The
EPA thus determined that Sierra Club was consistent with the EPA's
national policy at that time, expressed through previously issued
guidance documents and regulatory actions prohibiting exemption
provisions for otherwise applicable emission limits in SIPs (such as
automatic exemptions granted for startup, shutdown, and malfunction
events). Based on this premise, the EPA interpreted the lack of
continuous control as creating a substantial risk that exemptions could
permit excess emissions that could ultimately result in a NAAQS
violation.
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    \15\ 551 F.3d at 1027-1028.
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C. The SSM SIP Call for Iowa

    As part of the Agency's response to the 2011 petition from Sierra
Club, the EPA evaluated dozens of existing SIP provisions across
numerous states--including the Iowa SIP--related to automatic excess
emission exemptions for consistency with the EPA's national

policy at that time. As a result, the EPA issued findings in its 2015
SSM SIP Action that certain SIP provisions for 36 states (including
Iowa) were substantially inadequate to meet CAA requirements. In the
2015 SSM SIP Action, the EPA granted the Sierra Club's petition with
respect to IAC subrule 567-24.1(1), finding that the provision was
substantially inadequate and issuing a SIP call for that provision, and
the EPA denied the petition with respect to IAC 567-
24.1(4).16 17
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    \16\ IAC 567-24.1(1) states that excess emissions during a
period of startup, shutdown, or cleaning of control equipment is not
a violation of the emission standard if the startup, shutdown or
cleaning is accomplished expeditiously and in a way that is
consistent with good practice for minimizing emissions.
    \17\ IAC 567-24.1(4) states that incidents of excess emissions
(other than an incident during start-up, shutdown or cleaning of
control equipment) are violations. If the source believes that the
excess emissions are due to a malfunction the source must meet the
burden of proof that the incident was not preventable by reasonable
maintenance and control measures. Meeting the burden of proof does
not guarantee that the excess emissions will not be enforced; the
rule states that enforcement will be considered after review of the
source's report.
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    In the 2015 SSM SIP Action, the EPA found IAC 567-24.1(1) to be
substantially inadequate to meet the requirements of the Act on the
basis that this provision automatically allows for exemptions from the
otherwise applicable SIP emission limitations, which was found at the
time to be inconsistent with CAA sections 110(a)(2)(A), 110(a)(2)(C),
and 302(k).\18\ Specifically, IAC 567-24.1(1) explicitly states that
excess emissions during periods of startup, shutdown, and cleaning of
control equipment are not violations of the emission standard.\19\ Iowa
has not submitted a SIP revision in response to the SIP call issued for
IAC 567.24.1(1).
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    \18\ See 80 FR 33969.
    \19\ The provision does not provide for an exemption during
periods of malfunction. However, for ease of reference, the EPA
Region 7 Office refers to Iowa's provision as an ``SSM'' provision
in order to align with public comments which regularly reference
``SSM'' events and provisions.
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D. The EPA's 2020 SSM SIP Guidance Memorandum

    On October 9, 2020, the EPA issued a Guidance Memorandum outlining
a new national policy related to specific SIP provisions governing
excess emissions during SSM events.\20\ The new guidance memorandum
superseded the guidance provided in the 2015 SSM SIP Action on
automatic exemption and affirmative defense provisions, but did not
alter the determinations made in the 2015 SSM SIP Action that
identified specific state SIP provisions that were substantially
inadequate to meet the requirements of the Act. Specifically, in this
guidance memorandum, the EPA expressed that exemption provisions--both
those referred to as ``automatic exemptions'' \21\ and those termed
``director discretion provisions'' \22\ in the 2015 SSM SIP Action--may
be permissible in SIPs under certain circumstances. The general
requirements in CAA section 110 to attain and maintain the NAAQS and
the latitude provided to states through the SIP development process
create a framework in which a state may be able to ensure attainment
and maintenance of the NAAQS notwithstanding the presence of SSM
exemptions in the SIP. It is permissible for a SIP to contain SSM
exemptions only if the SIP is composed of numerous planning
requirements that are collectively NAAQS-protective by design. Such
redundancy helps to ensure that the NAAQS are both attained and
maintained, which was Congress's goal in creating the SIP development
and adoption process. In evaluating whether the requirements of a SIP
are collectively NAAQS protective despite the inclusion of an SSM
exemption provision, the EPA will conduct an in-depth analysis of the
SIP, including a multifactor, weight-of-the-evidence exercise that
balances many considerations.
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    \20\ Memorandum from Administrator Wheeler to Regional
Administrators, dated October 9, 2020, titled ``Inclusion of
Provisions Governing Periods of Startup, Shutdown, and Malfunctions
in State Implementation Plans.'' https://www.epa.gov/air-quality-implementation-plans/guidance-inclusion-provisions-governing-periods-startup-shutdown.
    \21\ ``Automatic exemption'' means a generally applicable
provision in a SIP that would provide that if certain conditions
existed during a period of excess emissions, then those exceedances
would not be considered violations of the applicable emission
limitations.
    \22\ The term ``director's discretion provision'' means, in
general, a regulatory provision that authorizes a state regulatory
official unilaterally to grant exemptions or variances from
otherwise applicable emission limitations or control measures, or to
excuse noncompliance with otherwise applicable emission limitations
or control measures.
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    The policy contained in the 2015 SSM SIP Action--that SIPs that
included exemption provisions cannot be consistent with CAA
requirements--was predicated on the idea that an emission limitation or
standard could not apply continuously, in line with the CAA section
302(k)'s definition of ``emission limitation,'' if the SIP permitted
exemptions for any period of time from the emission limitation or
standard. Under this policy, the presumed lack of ``continuous emission
limitations or standards'' was viewed as creating a substantial risk
that exemptions could permit excess emissions that could ultimately
result in a NAAQS violation. However, for SIPs with overlapping
planning requirements that together ensure attainment and maintenance
of the NAAQS, a prohibition on exemption provisions was unnecessary and
came at the expense of state autonomy and flexibility. The EPA now
believes that the general requirements in CAA section 110 to attain and
maintain the NAAQS and the inherent flexibilities of the SIP
development process create a continuous framework in which a state may,
depending on the other features of its SIP, be able to ensure
attainment and maintenance of the NAAQS notwithstanding the presence of
SSM exemptions in a SIP.
    The 2015 SSM SIP Action cited the D.C. Circuit's decision in Sierra
Club, as discussed in section I.B. of this document, as support for the
position that SIPs may not contain SSM exemption provisions. The EPA's
application of the Sierra Club decision to CAA section 110 SIP
requirements rested on the Agency's premise that the D.C. Circuit's
interpretation of the definition of ``emission standards'' in CAA
section 302(k) applied generally to the whole Act. Although the Sierra
Club decision does not allow sources to be exempt from complying with
CAA section 112 emission standards during periods of SSM, that holding
is not binding on the EPA's consideration of SIPs under CAA section
110. In the Sierra Club decision, the court explained, ``[i]n requiring
that sources regulated under section 112 meet the strictest standards,
Congress gave no indication that it intended the application of MACT
standards to vary based on different time periods.'' 551 F.3d at 1028.
That is, the court found that when the EPA promulgates standards
pursuant to CAA section 112, a single or some combination of CAA
section 112-compliant standards must apply continuously, but the court
did not make any statement applying its holding beyond CAA section 112.
Cf. Sierra Club, 551 F.3d at 1027 (``When sections 112 and 302(k) are
read together, then, Congress has required that there must be
continuous section 112-compliant standards.'') See also id.
(``[s]ection 302(k)'s inclusion of this broad phrase in the definition
of `emission standard' suggests that emissions reduction requirements
`assure continuous emission reduction' without necessarily continuously
applying a single standard.''). The general duty provision that applied
during SSM periods was ``neither `a separate and independent standard
under CAA section 112(d),' nor `a free-

standing emission limitation that must independently be in compliance'
with section 112(d), nor an alternative standard under section
112(h).'' Id. at 1028. The decision itself did not address whether the
rationale articulated with respect to SSM exemptions in CAA section 112
rules applies to SIPs approved under section 110. It also did not
address what forms of SIP provisions could combine to appropriately
create continuous protections.
    The EPA took the position in the 2015 SSM SIP Action that the legal
reasoning in Sierra Club applied equally to CAA section 112 rules and
section 110 approved SIPs. More specifically, in the 2015 SSM SIP
Action, the EPA interpreted CAA section 302(k)'s definition of
``continuous'' to apply broadly to both sections 112 and 110. But
further consideration has shown that an alternative reading of the
relevant statutory sections is superior as a matter of both law and
policy.
    Fundamentally, CAA sections 112 and 110 have different goals and
establish different approaches for implementation by the state and the
EPA. The court in Sierra Club recognized that Congress intended ``that
sources regulated under section 112 meet the strictest standards,'' a
requirement without a similar analog in CAA section 110. Sierra Club at
1028. CAA section 112 sets forth specific standards for specific source
categories once they are listed for regulation pursuant to CAA section
112(c). Once listed, the statute directs the EPA (not the states) to
use a specific and exacting process to establish nationally applicable,
category-wide, technology-based emissions standards. See 42 U.S.C.
7412(d) (requiring the EPA to establish emission standards, known as
``maximum available control technology'' or ``MACT'' standards, for
major sources that ``require the maximum degree of reduction in
emissions of the hazardous air pollutants subject to this section''
that the EPA determines is achievable considering statutory factors).
States do not have a role in establishing section 112 standards and do
not generally enjoy flexibility in determining how the ultimate
requirements of CAA section 112 will be met.
    In contrast, the CAA sets out a different requirement for section
110 SIPs, reflecting that SIP development and implementation rely on a
federal-state partnership and are designed to be flexible for each
state's circumstances. The CAA sets the minimum requirements to attain,
maintain, and enforce ambient air quality standards, while allowing
each state to customize its own approach for the sources and air
quality challenges specific to its own circumstances. It is important
to note that the EPA sets the NAAQS for each criteria pollutant \23\ to
provide the requisite degree of protection for public health and
welfare, but does not direct the states on how to achieve the NAAQS.
Implementation of the NAAQS, then, is fundamentally different in nature
than the source-specific standards the EPA issues under section 112.
Therefore, the D.C. Circuit's concern that section 112 standards must
apply ``continuously'' to regulate emissions from a particular source
are not necessarily applicable in the context of section 110, where a
state's plan may contain a broad range of measures, including limits on
the emissions of multiple pollutants from multiple sources of various
source categories--all directed towards Congress's broad goal of timely
attainment and maintenance the NAAQS.
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    \23\ Pursuant to CAA section 108, the EPA was required to
publish a list including each air pollutant (and air quality
criteria for such pollutant)--emissions of which, cause or
contribute to air pollution which may reasonably be anticipated to
endanger public health or welfare and the presence of which in the
ambient air results from numerous or diverse mobile or stationary
sources. Pursuant to CAA section 109, the EPA was required to
publish regulations prescribing a national primary ambient air
quality standard and a national secondary ambient air quality
standard for each air pollutant for which air quality criteria had
been issued.
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    It is important also to note that the list of potential CAA section
110(a)(2)(A) measures that a state may implement are required only ``as
may be necessary or appropriate to meet the applicable requirements of
this chapter.'' This language suggests that Congress intended to give
states the flexibility to craft a plan that makes the most sense for
that state, so long as the set of emissions limitations, control
measures, means and techniques, when taken as a whole, meet the
requirements of attaining and maintaining the NAAQS.
    Because the purposes and mechanisms of CAA sections 110 and 112 are
different, it is reasonable to interpret the same term (emission
limitation) to have different meanings in those sections; a singular
interpretation may not necessarily apply statute-wide. The U.S. Supreme
Court has recognized that principles of statutory construction are not
so rigid as to necessarily require that the same terminology has the
exact same meaning in different parts of the same statute. See Envtl.
Defense v. Duke Energy Corp., 549 U.S. 561, 574 (2007). The Court
explained in Duke Energy that there is ``no effectively irrebuttable
presumption that the same defined term in different provisions of the
same statute must be interpreted identically.'' Id. at 575-6. ``Context
counts,'' stated the Court; terms can have ``different shades of
meaning'' reflecting ``different implementation strategies'' even in
the same statute. Id. at 574, 76 (citations omitted). See also Utility
Air Regulatory Group v. EPA, 573 U.S. 302, 320 (2014) (``a statutory
term--even one defined in the statute--may take on distinct characters
from association with distinct statutory objects calling for different
implementation strategies.'' (citations omitted)). Indeed, the D.C.
Circuit's decision interpreting section 112 acknowledged that ``the
court must examine the meaning of certain words or phrases in
context.'' Sierra Club, 551 F.3d at 1027.
    The text of CAA section 110(a)(2)(A) reflects the increased
flexibility built into section 110 as compared to section 112. The
requirement that the ``emissions standards'' the EPA issues under
section 112, see, e.g., section 112(c)(2), apply continuously may, as
the D.C. Circuit held, prevent the EPA from providing SSM exemptions in
those standards. However, at the same time, it is reasonable to
interpret the concept of continuous ``emission limitations'' in a SIP
to be focused not on a single standard that applies invariably, but
rather on whether the various components of the state's SIP operate
together in a continuous manner to ensure attainment and maintenance of
the NAAQS. Unlike section 112, which relies exclusively on ``emissions
standards,'' section 110 relies on a web of potential control
mechanisms--``emission limitations and other control measures, means or
techniques (including economic incentives . . .), as well as schedules
and timetables for compliance.'' And section 110 gives the State
discretion to choose among these mechanisms ``as may be necessary or
appropriate to meet the applicable requirements of this chapter.''
Therefore, it is reasonable to conclude that the Sierra Club decision's
disapproval of SSM provisions under section 112 should not be extended
to CAA section 110.
    Determining whether a specific exemption provision will be
permissible in an identified state SIP will involve an in-depth
analysis of the SIP to determine whether it is composed of numerous
planning requirements that are, when taken collectively, protective of
the NAAQS. The EPA anticipates that this will be a multifactor, weight-
of-the evidence exercise that balances many considerations. In such an
instance, the EPA believes it may conclude that a SIP

adequately provides for attainment and maintenance of the NAAQS, even
if the SIP allows exemptions to specific emission limits for discrete
periods, such as SSM events. A state may be able to demonstrate that a
combination of emission limitations ``as may be necessary or
appropriate'' that apply during normal operations but not during SSM
periods and ``other control measures, means, or techniques'' that may
apply during SSM periods--such as general duty provisions in the SIP
with respect to criteria pollutants, work practice standards, best
management practices, or alternative emission limits--are protective of
the NAAQS.
    In addition to reviewing any information provided by the state, the
EPA may consider other available evidence and provide additional
analysis, as necessary, when reviewing SSM emission limitation
exemptions in SIPs. For example, the EPA could also consider a state's
air quality and whether a state has any current nonattainment areas for
a NAAQS as factors in its overall weight-of-the-evidence analysis,
particularly when considering whether to withdraw a SIP call issued in
2015 for an exemption provision. A state's SIP provisions may be more
likely to be protective of the NAAQS where the State has already
attained the NAAQS and its current air quality does not exceed the
standard.
    The EPA will also consider the SSM provision itself. For example, a
requirement that sources use best practicable air pollution control
practices to minimize emissions during startup, shutdown, or
malfunction periods may be considered favorably in determining whether
a given exemption provision (in combination with the other provisions
of the SIP) is approvable. If the provision contains limitations on
whether SSM events are considered emission standard violations or
requires that source owners or operators limit the duration and
severity of SSM events, it may be reasonable to conclude that such a
provision, when considered alongside other factors, will not jeopardize
a state's ability to attain and maintain the NAAQS.

II. The EPA's Evaluation of the Iowa SIP

    As a result of adverse comments received on the prior proposal
actions, the EPA Region 7 Office published a second SNPRM on June 22,
2020, to provide additional detail regarding technical support for
approving the attainment demonstration and control strategy submitted
by Iowa for the Muscatine NAA. Also in that SNPRM, the EPA Region 7
Office announced that it was considering adopting a policy regarding
SSM exemption provisions in the Iowa SIP, and, if adopted, proposed to
withdraw the SIP call issued to Iowa as part of the 2015 SSM SIP
Action. During the course of preparing a final decision on the June 22,
2020 proposal to withdraw the SIP call issued to Iowa, the EPA issued a
guidance memorandum containing a new national policy addressing SSM
exemption provisions in SIPs, as discussed in section I.D. of this
document. In reliance on the rationale articulated both in the June 22,
2020 proposal and the RTC document associated with this final action,
and consistent with this new national policy, the EPA is taking final
action to withdraw the SIP call issued to Iowa as part of the EPA's
2015 SSM SIP Action.
    Related to the SSM exemption provisions in the Iowa SIP, and as
detailed in the EPA's June 22, 2020, NPRM, the EPA Region 7 Office
evaluated the Iowa SIP and identified numerous provisions in the SIP
that, when taken as a whole, demonstrate that the SIP in its entirety
is protective of the NAAQS.\24\ Specifically, as detailed later in this
section as well as in the June 22, 2020 NPRM, the Iowa SIP includes a
series of overlapping requirements that provide for robust testing,
reporting, and accountability for sources, including during periods of
excess emissions. Such overlapping requirements enable Iowa Department
of Natural Resources (IDNR) to implement the NAAQS, allowing IDNR to
maintain oversight, work with sources to maintain compliant operation,
and, if necessary, enforce against sources.
---------------------------------------------------------------------------

    \24\ See 85 FR 37405.
---------------------------------------------------------------------------

    Although IAC 567-24.1(1) was SIP called as part of the EPA's 2015
SSM SIP Action, the provision contains limitations on whether SSM
events are considered emission standard violations and requires that
source owners or operators limit the duration and severity of SSM
events. IAC 567-24.1(1) states:

24.1(1) Excess emission during a period of startup, shutdown, or
cleaning of control equipment is not a violation of the emission
standard if the startup, shutdown or cleaning is accomplished
expeditiously and in a manner consistent with good practice for
minimizing emissions. Cleaning of control equipment which does not
require the shutdown of the process equipment shall be limited to
one six-minute period per one-hour period.

    While the subrule does allow for an exemption for excess emissions,
it also provides for two key backstops that protect air quality and
help to ensure attainment and maintenance of the NAAQS: (1) Startup,
shutdown and cleaning is to be accomplished expeditiously; and, (2)
startup, shutdown, and cleaning is to be accomplished in a way that is
consistent with good practice for minimizing emissions. IAC 567-24.1(4)
clarifies that an ``expeditious manner'' is the time necessary to
determine the cause of the excess emissions and to correct it within a
reasonable period of time. IAC 567-24.1(4) also states that a
``reasonable period of time'' is eight hours plus the period of time
required to shut down the process without damaging the process or
control equipment.
    In addition to backstops built into the exemption provision itself,
the remainder of Iowa's SIP contains further protections. On March 22,
2018, the EPA approved Iowa's 2010 SO2 infrastructure SIP as
submitted to the EPA on July 29, 2013. Therefore, Iowa has the
requisite statutory authority that provides an adequate framework for
attaining and maintaining the NAAQS.\25\ As detailed in the EPA Region
7 Office's technical support document for Iowa's 2010 SO2
infrastructure SIP approval, the director of the IDNR has the duty to
ensure that the NAAQS is attained and maintained in accordance with
federal laws and regulations, and is granted broad oversight,
authority, and discretion with which to do so.\26\
---------------------------------------------------------------------------

    \25\ See 83 FR 12486.
    \26\ See 83 FR 12486. The technical support document is included
in the docket for the final action on Iowa's 2010 SO2
infrastructure SIP at Docket ID: EPA-R07-OAR-2017-0267.
---------------------------------------------------------------------------

    Iowa Code 455B.132 designates IDNR as the Agency to prevent, abate,
or control air pollution. The Environmental Protection Commission (EPC)
governs the environmental services of IDNR and has the duty to develop
emission limits and compliance schedules in order to abate, control,
and prevent air pollution.\27\ The EPC adopts, amends, or repeals rules
that are necessary to obtain approval of the state SIP under CAA
section 110.\28\ The EPC is also charged with adopting, amending, or
repealing ambient air quality standards necessary to protect public
health and welfare.\29\ Furthermore, 455B.134(9) states that the
director shall issue orders consistent with rules to cause the
abatement or

control of air pollution, or to secure compliance with permit
conditions.
---------------------------------------------------------------------------

    \27\ Iowa Code 455B.133.1 (``Duties''). The EPC is a panel of
nine citizens who provide policy oversight over Iowa's environmental
protection efforts. The EPC's members are appointed by the Governor
and confirmed by vote of the Senate for 4-year terms.
    \28\ Iowa Code 455B.133.2.
    \29\ Iowa Code 455B.133.4.
---------------------------------------------------------------------------

    The IDNR director's duty to ensure the NAAQS is attained and
maintained is reflected in specific provisions throughout Iowa's SIP,
as detailed below. First, in adopting the NAAQS into its state
regulations, IAC 567-28.1 requires that IDNR implement the NAAQS ``in a
time frame and schedule consistent with implementation schedules in
federal laws and regulations.'' For NAAs, CAA section 172(c), among
other relevant statutory provisions, requires state plans to provide
for attainment as expeditiously as practicable and for the
implementation of reasonable available control measures (RACM) as
expeditiously as practicable. As mentioned previously, the EPA has
approved Iowa's 2010 SO2 infrastructure SIP, meaning that
the EPA has, through notice and comment rulemaking, found that the SIP
provides for the implementation, maintenance, and enforcement of the
NAAQS. Other than the Muscatine 2010 1-hour SO2 NAA, there
are no other NAAs, for any criteria pollutant, in the state.\30\ As can
be seen via recent ambient air quality monitoring data for
SO2, monitored air quality in the Muscatine NAA is well
below the NAAQS of 75 parts per billion (ppb). The current 3-year
(2017-2019) SO2 design value for the area is 25 ppb.\31\ As
detailed in the prior proposals and the RTC document contained in the
docket for this action, the highest modeled concentration in the
Muscatine NAA, based on permitted emissions limits, is 187.87 ug/m3 or
72 ppb, which demonstrates attainment of the 2010 SO2 NAAQS.
Additionally, all areas in Iowa are currently monitoring air quality
design values that are below the NAAQS for all criteria pollutants for
the 2017-2019 period.\32\
---------------------------------------------------------------------------

    \30\ The partial Pottawattamie County 2008 Lead NAAQS
nonattainment area was redesignated to attainment in October 2018.
See 83 FR 50024.
    \31\ At the time of this document, complete 2020 ambient air
quality data had not been certified in the Air Quality System.
Annual data certification is not required until May 1 of the
following calendar year.
    \32\ See https://www.iowadnr.gov/Environmental-Protection/Air-Quality/Monitoring-Ambient-Air.
---------------------------------------------------------------------------

    Furthermore, the SIP provides for emergency powers comparable to
that of the EPA Administrator under CAA section 303, and the state has
a fully approved emergency episodes plan that meets the applicable
requirements of 40 CFR part 51, subpart H, at IAC 567-26.1-4. IAC 567-
28.1, in concert with IAC 567-26.1-4 and the state's statutory
provisions detailed further below, lay out IDNR's responsibility and
authority for ensuring that air quality is protected, and the NAAQS are
attained and maintained in the state of Iowa, notwithstanding an
exemption for startup-, shutdown-, and cleaning-related excess
emissions in the SIP. The attainment status of areas in the State as
well as monitored air quality demonstrate successful implementation on
the part of the state.
    The Iowa SIP also provides IDNR with the specific discretion of
whether to issue a construction permit for a source based solely on an
analysis of that source's impact on attainment or maintenance of the
NAAQS. Specifically, IAC 567-22.3(1) states:

A construction permit shall be issued when the director concludes
that (. . .) the expected emissions from the proposed source or
modification in conjunction with all other emissions will not
prevent the attainment or maintenance of the ambient air quality
standards specified in 567--Chapter 28.

    Additionally, IAC 567-22.3(5) provides IDNR with the discretion to
modify ``an existing permit for a major stationary source or an
emission limit contained in an existing permit for a major stationary
source if necessary to attain or maintain an ambient air quality
standard.'' Accordingly, these provisions provide the state air agency
with the authority to limit the issuance of construction permits and
modify existing permits to ensure that the NAAQS is attained and
maintained. This authority, when considered along with the enforcement,
maintenance, and oversight provisions discussed herein, ensures
accountability for sources and, when taken as a whole, protects air
quality and provides for attainment and maintenance of the NAAQS, even
though the Iowa SIP allows exemptions for excess emissions during
periods of startup, shutdown, and cleaning. Of note, the State has been
implementing its SIP-approved construction program, which includes
issuing construction permits with Condition 6 (as mentioned previously,
Condition 6 relies upon the SIP-called SSM-related provisions in IAC
567-24.1(1)), and has not monitored a NAAQS violation resulting in the
need to revise a permit due solely on emissions from SSM events.
    In addition to specific discretion afforded the IDNR director to
ensure attainment and maintenance of the NAAQS, there are a number of
direct requirements on sources in Iowa's approved SIP. IAC 567-24.1(2)
details the initial report that a source owner or operator must submit
when an emission limit is exceeded. Such incidences are to be reported
to the appropriate IDNR regional office within eight hours of the onset
of an incident. Reports are to be submitted via email, in person, or
over the telephone. At a minimum, initial incident reports are to
include the quantity, duration, cause and remedial steps taken for
periods of excess emissions. IAC 567-24.1(3) requires that a written
report is to be submitted as a follow-up to all required initial
reports to the IDNR within seven days of the onset of the event. The
written report is, at a minimum, to include the information required
for initial reports under 24.1(2). In addition, written reports are to
include, if the owner claims that the excess emission was due to
malfunction, documentation to support such a claim.
    IAC 567-25.1(6), (7), and (8) detail the testing and sampling
requirements for owners and operators of pollution control equipment.
Specifically, any facility required to install a continuous monitoring
system shall provide regular reports to IDNR, including periods of
excess emissions. Furthermore, IDNR is granted the authority to require
sources to conduct compliance demonstrations, including testing, which
``may be required as necessary to determine actual emissions from a
source where that source is believed to have a significant impact on
the public health or ambient air quality of an area.'' IDNR may also
conduct independent emissions testing as deemed necessary. These
provisions require sources to report periods of excess emissions,
ensuring that the state is aware of any such events. The state could
also require sources to conduct testing during such periods, further
enabling the state to protect air quality and ensure attainment and
maintenance of the NAAQS.
    Owners or operators of any control equipment are also required to
maintain and repair equipment or control equipment in such a way that
minimizes and remedies any causes of excess emissions. IAC 567-24.2(1)
details the maintenance and repair that owners or operators are
required to undertake, including maintaining operations that minimize
emissions, undertaking scheduled routine maintenance, and remedying any
cause of excess emissions in an expeditious manner. (``[E]xpeditious
manner,'' as discussed above, is defined in IAC 567-24.1(4)).
Furthermore, IAC 567-24.2(1)(c) states that owners or operators shall:
Minimize the amount and duration of any excess emission to the maximum
extent possible during periods of such emissions. These measures may
include but not be limited to the use of clean fuels, production
cutbacks, or the use of alternate process units or, in the case of

utilities, purchase of electrical power until repairs are completed.
    IAC 567 24.2(2) provides IDNR with the authority to require owners
and operators to develop maintenance plans where, ``in the judgement of
the executive director a continued pattern of excess emissions
indicative of inadequate operation and maintenance is occurring.'' Such
maintenance plans have been required of sources over time as
appropriate and are to include numerous maintenance and inspection
requirements. Most notably, these plans are to include a contingency
plan intended to minimize the frequency, duration, and severity of
excess emission events.
    Lastly, there are a number of Iowa-specific state regulations that
help ensure attainment and maintenance of the NAAQS. Iowa Code 455B.139
states that, if the director has evidence that any person is causing
air pollution that creates a public health and safety emergency, the
director may, without notice, issue an emergency order requiring the
immediate discontinuation of emissions. While not SIP-approved, and
therefore not federally enforceable, these codes provide supplemental
support that the state has considerable oversight and discretion to
enforce against sources and ensure attainment and maintenance of the
NAAQS.
    As further discussed in section I.D. of this document, the EPA
issued a new national guidance memorandum related to SIP provisions
containing exemptions for excess emissions during SSM events. Through
this final action, the EPA Region 7 Office is applying that national
policy based on the evaluation of Iowa's SIP. As such, the EPA Region 7
Office is withdrawing the SIP call issued for Iowa as part of the 2015
SSM SIP Action.\33\
---------------------------------------------------------------------------

    \33\ This action is limited to the SIP call issued to Iowa and
the associated evaluation of the Iowa SIP and does not otherwise
change or alter the SIP call issued to other states as part of the
EPA's 2015 SSM SIP Action.
---------------------------------------------------------------------------

III. Final Action

    The EPA is taking final action to approve Iowa's SO2
attainment plan for the Muscatine NAA. The EPA has determined that
Iowa's attainment plan and control strategy demonstrates attainment and
provides for maintenance of the 2010 1-hour SO2 NAAQS in the
Muscatine NAA and meets the other NAA planning requirements.
Specifically, the EPA is approving Iowa's May 26, 2016, SIP revision,
which includes the state's modeled attainment demonstration for the
Muscatine NAA, RFP, RACT/RACM, base-year and projection-year emission
inventories, and contingency measures.
    The EPA is further approving numerous permits that Iowa issued
containing emission limits and associated monitoring, recordkeeping and
reporting requirements that the attainment plan relies on. For Grain
Processing Corporation, the EPA is approving permits numbered 75-A-353-
S2, 90-A-111-S1, 92-A-383-S2, 92-A-385-S1, 02-A-781-S2, 02-A-782-S2,
03-A-471-S1, 11-A-338-S1, issued on July 6, 2015, and 95-A-374-S4, 15-
A-078, 79-A-194-S2, 71-A-067-S4, 75-A-087-S1, 72-A-199-S2, 74-A-014-S1,
74-A-015-S2, 79-A-195-S2, 80-A-149-S5, 80-A-150-S5, 85-A-031-S2, 85-A-
032-S2, 85-A-038-P1, 85-A-135-P1, 91-A-068-S2, 93-A-110-P1, 94-A-055-
S1, 94-A-061-S1, 09-A-482-S2, 10-A-563-S1, 15-A-202, 15-A-208, 15-A-
209, 15-A-326, 06-A-1261-S1, 15-A-354, 15-A-199, issued on December 10,
2015, and 15-A-213, issued on January 26, 2016, and 15-A-203, 15-A-204,
15-A-205, 15-A-206, 15-A-207, 15-A-480, 15-A-481, 15-A-482, 15-A-483,
15-A-484, 15-A-485, 15-A-486, 05-A-926-S4, issued on February 15, 2016,
and 15-A-200, 15-A-201 issued on March 25, 2016. For Muscatine Power
and Water, the EPA is approving permits numbered 13-A-152-S1, 74-A-175-
S4, 95-A-373-P3, 80-A-191-P3 issued on March 2, 2016. For Monsanto, the
EPA is approving permits numbered 82-A-092-P11 and 88-A-001-S3, issued
May 13, 2015. As noted previously, the EPA is approving these permits
with the exception of Condition 6 (Condition 6 relies on the SSM-
related provisions of IAC 567-24.1(1)) in each of these permits as
requested by Iowa.\34\
---------------------------------------------------------------------------

    \34\ As discussed in section II of this document, the EPA Region
7 Office is taking final action to apply the policy related to SSM
provisions in the Iowa SIP as also detailed in the June 22, 2020,
proposal and therefore is also withdrawing the SIP call issued to
Iowa as part of the EPA's 2015 SSM SIP Action. For these reasons, if
Iowa requests that the EPA act on Condition 6 of the 58 construction
permits submitted to the EPA as part of the control strategy for the
attainment plan, the EPA could propose to approve those provisions
based on the rationale set forth in this document as well as in the
prior proposals and associated RTC document.
---------------------------------------------------------------------------

    The EPA has determined that the state's attainment plan meets the
applicable requirements of sections 110, 172, and 191-192 of the CAA.
The EPA's analysis is further discussed in prior proposed rulemakings
as well as the RTC found in the docket for this final action.\35\ The
EPA's final action to approve the Iowa SIP terminates the EPA's
statutory obligation to issue a FIP for the Muscatine NAA.
---------------------------------------------------------------------------

    \35\ See 82 FR 40086, 83 FR 997, and 85 FR 37405, respectively.
---------------------------------------------------------------------------

    Based on the EPA's evaluation of the Iowa SIP contained in section
II of this document, consistent with the EPA's national policy,\36\ and
after carefully considering the comments received, the EPA Region 7
Office is taking final action to withdraw the SSM SIP call for Iowa.
The EPA received adverse comments related to the SSM provisions of the
Iowa SIP on the aforementioned proposed rulemakings. All of the adverse
comments along with the EPA's responses to those comments are included
in the separate RTC document contained in the docket for this final
action.
---------------------------------------------------------------------------

    \36\ Memorandum from Administrator Wheeler to Regional
Administrators, dated October 9, 2020, titled ``Inclusion of
Provisions Governing Periods of Startup, Shutdown, and Malfunctions
in State Implementation Plans.'' https://www.epa.gov/air-quality-implementation-plans/guidance-inclusion-provisions-governing-periods-startup-shutdown.
_____________________________________-

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of an Iowa
regulation described in the amendments to 40 CFR part 52 set forth
below. The EPA has made, and will continue to make, these documents
generally available through www.regulations.gov, and at the EPA Region
7 Office (please contact the applicable person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).
    Therefore, these materials have been approved by the EPA for
inclusion in the state implementation plan, have been incorporated by
reference by the EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the Clean Air Act as of the effective
date of the final rulemaking of the EPA's approval, and will be
incorporated by reference in the next update to the SIP
compilation.\37\
---------------------------------------------------------------------------

    \37\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

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, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
final action merely approves state law as meeting Federal requirements
and does not

impose additional requirements beyond those imposed by state law. For
that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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 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 the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.

    Dated: October 23, 2020.
Edward Chu,
Acting Regional Administrator, Region 7.
    For the reasons stated in the preamble, title 40 CFR part 52 is
amended as follows:

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:
0
a. The table in paragraph (d) is amended by adding the entries
``(112)'' through ``(169)'' in numerical order.
0
b. The table in paragraph (e) is amended by adding the entry ``(53)''
in numerical order.
    The additions read as follows:

Sec.  52.820  Identification of plan.

* * * * *
    (d) * * *

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

                                                  * * * * * * *
(112) Grain Processing                95-A-374-S4        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(113) Grain Processing                   15-A-078        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(114) Grain Processing                79-A-194-S2        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(115) Grain Processing                71-A-067-S4        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(116) Grain Processing                75-A-087-S1        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(117) Grain Processing                72-A-199-S2        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(118) Grain Processing                74-A-014-S1        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(119) Grain Processing                74-A-015-S2        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(120) Grain Processing                75-A-353-S2          7/6/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(121) Grain Processing                79-A-195-S2        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.

(122) Grain Processing                80-A-149-S5        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(123) Grain Processing                80-A-150-S5        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(124) Grain Processing                85-A-031-S2        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(125) Grain Processing                85-A-032-S2        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(126) Grain Processing                85-A-038-P1        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(127) Grain Processing                85-A-135-P1        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(128) Grain Processing                90-A-111-S1          7/6/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(129) Grain Processing                91-A-068-S2        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(130) Grain Processing                93-A-110-P1        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(131) Grain Processing                92-A-383-S2          7/6/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(132) Grain Processing                92-A-385-S1          7/6/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(133) Grain Processing                94-A-055-S1        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(134) Grain Processing                94-A-061-S1        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(135) Grain Processing                02-A-781-S2          7/6/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(136) Grain Processing                02-A-782-S2          7/6/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(137) Grain Processing                09-A-482-S2        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(138) Grain Processing                10-A-563-S1        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(139) Grain Processing                   15-A-200         3/25/16  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(140) Grain Processing                   15-A-201         3/25/16  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(141) Grain Processing                   15-A-202        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(142) Grain Processing                   15-A-203         2/15/16  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(143) Grain Processing                   15-A-204         2/15/16  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(144) Grain Processing                   15-A-205         2/15/16  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.

(145) Grain Processing                   15-A-206         2/15/16  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(146) Grain Processing                   15-A-207         2/15/16  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(147) Grain Processing                   15-A-208        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(148) Grain Processing                   15-A-209        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(149) Grain Processing                   15-A-480         2/15/16  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(150) Grain Processing                   15-A-481         2/15/16  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(151) Grain Processing                   15-A-482         2/15/16  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(152) Grain Processing                   15-A-483         2/15/16  11/17/20, [insert    2010 1-hour SO2 NAAQ
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(153) Grain Processing                   15-A-213         1/26/16  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(154) Grain Processing                   15-A-484         2/15/16  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(155) Grain Processing                   15-A-485         2/15/16  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(156) Grain Processing                   15-A-486         2/15/16  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(157) Grain Processing                   15-A-326        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(158) Grain Processing                03-A-471-S1          7/6/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(159) Grain Processing                05-A-926-S4         2/15/16  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(160) Grain Processing               06-A-1261-S1        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(161) Grain Processing                11-A-338-S1          7/6/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(162) Grain Processing                   15-A-354        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(163) Grain Processing                   15-A-199        12/10/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
 Corporation.                                                       Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(164) Muscatine Power and Water.      13-A-152-S1          3/2/16  11/17/20, [insert    2010 1-hour SO2 NAAQS
                                                                    Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(165) Muscatine Power and Water.      74-A-175-S4          3/2/16  11/17/20, [insert    2010 1-hour SO2 NAAQS
                                                                    Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(166) Muscatine Power and Water.      95-A-373-P3          3/2/16  11/17/20, [insert    2010 1-hour SO2 NAAQS
                                                                    Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(167) Muscatine Power and Water.      80-A-191-P3          3/2/16  11/17/20, [insert    2010 1-hour SO2 NAAQS
                                                                    Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.

(168) Monsanto..................     82-A-092-P11         5/13/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
                                                                    Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
(169) Monsanto..................      88-A-001-S3         5/13/15  11/17/20, [insert    2010 1-hour SO2 NAAQS
                                                                    Federal Register     Attainment Plan;
                                                                    citation].           Condition 6 of the
                                                                                permit is not part of
                                                                                the SIP; EPA-R07-OAR-
                                                                                2017-0416; FRL-10016-10-
                                                                                Region 7.
----------------------------------------------------------------------------------------------------------------

    (e) * * *

                                   EPA-Approved Iowa Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                        Applicable
    Name of nonregulatory SIP         geographic or          State       EPA approval date       Explanation
            provision               nonattainment area  submittal date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
(53) 2010 1-hour SO2 National      A portion of                5/26/16  11/17/20, [insert    EPA-R07-OAR-2017-04
 Ambient Air Quality Standard       Muscatine County.                    Federal Register     16; FRL-10016-10-
 Attainment Plan.                                                        citation].           Region 7.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2020-24031 Filed 11-16-20; 8:45 am]
BILLING CODE 6560-50-P