Proposed Rule2022-01497
Air Plan Approval; Iowa; Determination of Attainment by the Attainment Date for the 2010 1-Hour Sulfur Dioxide Standard
Primary source
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Published
January 26, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to determine that the Muscatine sulfur dioxide (SO<INF>2</INF>) nonattainment area attained the 2010 1- hour SO<INF>2</INF> primary national ambient air quality standard (NAAQS) by the applicable attainment date of October 4, 2018, based upon a weight-of-evidence analysis using available air quality information. Additional analysis of the attainment determination is provided in a Technical Support Document (TSD) included in the docket to this proposed rulemaking. This action, if finalized, will address the EPA's obligation under a consent decree which establishes a deadline of March 31, 2022 for the EPA to determine under Clean Air Act (CAA) section 179(c) whether the Muscatine SO<INF>2</INF> nonattainment area attained the NAAQS by the October 4, 2018 attainment date.
Full Text
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<title>Federal Register, Volume 87 Issue 17 (Wednesday, January 26, 2022)</title>
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[Federal Register Volume 87, Number 17 (Wednesday, January 26, 2022)]
[Proposed Rules]
[Pages 3958-3963]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01497]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2021-0932; FRL-9461-01-R7]
Air Plan Approval; Iowa; Determination of Attainment by the
Attainment Date for the 2010 1-Hour Sulfur Dioxide Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
determine that the Muscatine sulfur dioxide (SO<INF>2</INF>)
nonattainment area attained the 2010 1-
[[Page 3959]]
hour SO<INF>2</INF> primary national ambient air quality standard
(NAAQS) by the applicable attainment date of October 4, 2018, based
upon a weight-of-evidence analysis using available air quality
information. Additional analysis of the attainment determination is
provided in a Technical Support Document (TSD) included in the docket
to this proposed rulemaking. This action, if finalized, will address
the EPA's obligation under a consent decree which establishes a
deadline of March 31, 2022 for the EPA to determine under Clean Air Act
(CAA) section 179(c) whether the Muscatine SO<INF>2</INF> nonattainment
area attained the NAAQS by the October 4, 2018 attainment date.
DATES: Comments must be received on or before February 25, 2022.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2021-0932 to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online
instructions for submitting comments.
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received will be posted without
change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal
information provided. For detailed instructions on sending comments and
additional information on the rulemaking process, see the ``Written
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this
document.
FOR FURTHER INFORMATION CONTACT: Jason Heitman, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7664; email address: <a href="/cdn-cgi/l/email-protection#660e030f120b0708480c071509082603160748010910"><span class="__cf_email__" data-cfemail="274f424e534a4649094d465448496742574609404851">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.
Table of Contents
I. Written Comments
II. Background
A. The 2010 SO<INF>2</INF> National Ambient Air Quality
Standards
B. Designations, Classifications, and Attainment Dates for the
2010 SO<INF>2</INF> National Ambient Air Quality Standard
III. Proposed Determination
A. Applicable Statutory and Regulatory Provisions
B. Monitoring Network Considerations
C. Data Considerations and Proposed Determination
i. Emissions Information
ii. Monitoring Data
iii. Meteorology
iv. Modeling Information
v. Conclusion
IV. Proposed Action and Request for Public Comment
V. Environmental Justice Concerns
VI. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2021-
0932, at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Once submitted, comments cannot
be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
II. Background
A. The 2010 SO2 National Ambient Air Quality Standards
Under section 109 of the CAA, the EPA has established primary and
secondary NAAQS for certain pervasive air pollutants (referred to as
``criteria pollutants'') and conducts periodic reviews of the NAAQS to
determine whether they should be revised or whether new NAAQS should be
established. The primary NAAQS represent ambient air quality standards
the attainment and maintenance of which the EPA has determined,
including a margin of safety, are requisite to protect the public
health. The secondary NAAQS represent ambient air quality standards the
attainment and maintenance of which the EPA has determined are
requisite to protect the public welfare from any known or anticipated
adverse effects associated with the presence of such air pollutant in
the ambient air.
Under the CAA, the EPA must establish a NAAQS for SO<INF>2</INF>.
SO<INF>2</INF> is primarily released to the atmosphere through the
burning of fossil fuels by power plants and other industrial
facilities. SO<INF>2</INF> is also emitted from industrial processes
including metal extraction from ore and heavy equipment that burn fuel
with a high sulfur content. Short-term exposure to SO<INF>2</INF> can
damage the human respiratory system and increase breathing
difficulties. Small children and people with respiratory conditions,
such as asthma, are more sensitive to the effects of SO<INF>2</INF>.
Sulfur oxides at high concentrations can also react with compounds to
form small particulates that can penetrate deeply into the lungs and
cause health problems.
The EPA first established primary SO<INF>2</INF> standards in 1971
at 0.14 parts per million (ppm) over a 24-hour averaging period and 0.3
ppm over an annual averaging period (36 FR 8186, April 30, 1971). In
June 2010, the EPA revised the NAAQS for SO<INF>2</INF> to provide
increased protection of public health, providing for revocation of the
1971 primary annual and 24-hour SO<INF>2</INF> standards for most areas
of the country following area designations under the new NAAQS. The
2010 NAAQS is 75 parts per billion (ppb) (equivalent to 0.075 ppm) over
a 1-hour averaging period (75 FR 35520, June 22, 2010). A violation of
the 2010 1-hour SO<INF>2</INF> NAAQS occurs when the annual 99th
percentile of ambient daily maximum 1-hour average SO<INF>2</INF>
concentrations, averaged over a 3-year period, exceeds 75 ppb.
B. Designations, Classifications, and Attainment Dates for the 2010 SO2
National Ambient Air Quality Standards
Following promulgation of any new or revised NAAQS, the EPA is
required by CAA section 107(d) to designate areas throughout the nation
as attaining or not attaining the NAAQS.
On August 5, 2013, the EPA finalized its first round of
designations for the 2010 primary 1-hour SO<INF>2</INF> NAAQS (78 FR
47191). In the 2013 action, the EPA designated 29 areas in 16 states as
nonattainment for the 2010 SO<INF>2</INF> NAAQS, including a portion of
Muscatine County in Iowa. The designation was based on air quality
monitoring data from 2009-2011 showing violations of the NAAQS. The
EPA's initial round of designations for the 2010 SO<INF>2</INF> NAAQS
including the Muscatine nonattainment area (NAA) became effective on
October 4, 2013. Pursuant to CAA sections 172(a)(2) and 192(a), the
maximum attainment date for the Muscatine NAA is October 4, 2018, five
years after the effective date of the final action designating the area
as nonattainment for the 2010 SO<INF>2</INF> NAAQS.
[[Page 3960]]
III. Proposed Determination
A. Applicable Statutory and Regulatory Provisions
Section 179(c)(1) of the CAA requires the EPA to determine whether
a nonattainment area attained an applicable standard by the applicable
attainment date based on the area's air quality as of the attainment
date.
A determination of whether an area's air quality meets applicable
standards is generally based upon the most recent three years of
complete, quality-assured data gathered at established state and local
air monitoring stations (SLAMS) in a nonattainment area and entered
into the EPA's Air Quality System (AQS) database. Data from ambient air
monitors operated by state and local agencies in compliance with the
EPA monitoring requirements must be submitted to AQS. Monitoring
agencies annually certify that these data are accurate to the best of
their knowledge. All data are reviewed to determine the area's air
quality status in accordance with 40 CFR part 50, appendix T (for
SO<INF>2</INF>). In general, for SO<INF>2</INF> EPA does not rely
exclusively on monitoring data to determine whether the NAAQS is met
unless it has been demonstrated that the monitors were appropriately
sited to record expected maximum ambient concentrations of
SO<INF>2</INF> in an area.
Under EPA regulations in 40 CFR 50.17 and in accordance with 40 CFR
part 50, appendix T, the 2010 1-hour annual SO<INF>2</INF> standard is
met at an ambient air quality monitoring site when the design value is
less than or equal to 75 ppb. Design values are calculated by computing
the three-year average of the annual 99th percentile daily maximum 1-
hour average concentrations. When calculating 1-hour primary standard
design values, the calculated design values are rounded to the nearest
whole number or 1 ppb by convention. An SO<INF>2</INF> 1-hour primary
standard design value is valid if it encompasses three consecutive
calendar years of complete data. A year is considered complete when all
four quarters are complete, and a quarter is complete when at least 75
percent of the sampling days are complete. A sampling day is considered
complete if 75 percent of the hourly concentration values are reported;
this includes data affected by exceptional events that have been
approved for exclusion by the Administrator.
B. Monitoring Network Considerations
Section 110(a)(2)(B)(i) of the CAA requires states to establish and
operate air monitoring networks to compile data on ambient air quality
for all criteria pollutants. The EPA's monitoring requirements are
specified by regulation in 40 CFR part 58. These requirements are
applicable to state, and where delegated, local air monitoring agencies
that operate criteria pollutant monitors.
In section 4.4 of appendix D to 40 CFR part 58, the EPA specifies
minimum monitoring requirements for SO<INF>2</INF> to operate at SLAMS.
SLAMS produce data that are eligible for comparison with the NAAQS, and
therefore, the monitor must be an approved Federal reference method
(FRM) or Federal equivalent method (FEM) monitor.
The minimum number of required SO<INF>2</INF> SLAMS is described in
sections 4.4.2 and 4.4.3 of appendix D to 40 CFR part 58. According to
section 4.4.2, the minimum number of required SO<INF>2</INF> monitoring
sites is determined by the population weighted emissions index for each
state's core based statistical area. Section 4.4.3 describes additional
monitors that may be required by an EPA regional administrator.
Under 40 CFR 58.10, states are required to submit annual monitoring
network plans (AMNP) for ambient air monitoring networks for approval
by the EPA. Within the Muscatine NAA, the State is responsible for
assuring that each monitoring site meets air quality monitoring
requirements. Iowa submits an AMNP to the EPA that describes the
various monitoring sites operated by the State. Each AMNP discusses the
status of the air monitoring network as required under 40 CFR 58.10 and
addresses the operation and maintenance of the air monitoring network
in the previous year. The EPA regularly reviews these AMNPs for
compliance with the applicable reporting requirements in 40 CFR part
58. With the EPA's approval of Iowa's most recent AMNP, the State has
met the applicable minimum monitoring requirements.\1\
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\1\ EPA's letter approving Iowa's 2021 monitoring network plan
dated December 2, 2021 is included in the docket for this action.
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The EPA also conducts regular ``technical systems audits'' (TSAs)
during which we review and inspect ambient air monitoring programs to
assess compliance with applicable regulations concerning the
collection, analysis, validation, and reporting of ambient air quality
data.
During the 2015-2017 data period, Iowa operated three
SO<INF>2</INF> SLAMS in the Muscatine SO<INF>2</INF> NAA: Greenwood
Cemetery (AQS ID 19-139-0016); High School East Campus (AQS ID 19-139-
0019); and Musser Park (AQS ID 19-139-0020).
C. Data Considerations and Proposed Determination
CAA section 179(c)(1) requires the Agency to ``determine, based on
the area's air quality as of the attainment date, whether the area
attained the standard by that date.'' The EPA first assessed what air
quality information was available related to making a determination of
attainment by the attainment date for the Muscatine area. The EPA chose
to employ a weight-of-evidence approach for making this determination
because the EPA does not have any analysis (including modeling)
associated with the monitor siting to demonstrate that the monitors
record maximum ambient SO<INF>2</INF> concentrations in the NAA, nor
does EPA have modeling of actual emissions to support a determination
based on modeled ambient concentrations whether the area attained the
NAAQS by the attainment date. The available modeling of permitted
allowable emissions in the area, as discussed later in this document,
does not on its own provide a basis for determining whether the area
attained by the attainment date. Thus, EPA relied upon SO<INF>2</INF>
emissions data and trends, relevant air monitoring data and trends,
SO<INF>2</INF> monitoring data incorporated with local meteorological
data, as well as available modeling information in order to make its
determination under CAA section 179(c)(1). The EPA believes our
analysis of multiple types of air-quality related information to
support our determination is consistent with section 179(c)(1)'s
direction to determine the area's air quality as of the attainment
date. Further detail on EPA's weight-of-evidence analysis is contained
in the technical support document (TSD) included in the docket for this
action.
i. Emissions Information
There are four facilities that emit or have historically emitted
SO<INF>2</INF> located in or near the Muscatine NAA. Three are located
within the nonattainment area--Grain Processing Corporation (GPC),
Muscatine Power and Water (MPW), and Monsanto. Louisa Generating
Station (LGS) is located south of the nonattainment area. Table 1
provides the annual emissions from 2011-2020 from each individual
source along with the total combined emissions among the four
facilities. In the 2011-2015 timeframe, GPC was the largest
SO<INF>2</INF> source in the Muscatine area, with the majority of
SO<INF>2</INF> emissions attributed to GPC's boilers using coal. A fuel
switch at GPC's coal-fired boilers to natural gas occurred on July 14,
2015, and this change led to large reductions of SO<INF>2</INF>
[[Page 3961]]
emissions at GPC. Prior to 2018, Monsanto was fueled primarily by coal,
with SO<INF>2</INF> emissions associated with its main boiler. As
required by a construction permit, Monsanto converted its coal-fired
boiler to use only natural gas in 2018 which eliminated nearly all
SO<INF>2</INF> emissions from Monsanto.
The EPA first evaluated annual SO<INF>2</INF> emissions trends
within the Muscatine nonattainment area. By 2017, total annual
emissions in the Muscatine area had dropped approximately 72% from 2014
(24,181 tons per year (tpy) in 2014 to 6,781 tpy in 2017). Much of the
reduction in emissions can be attributed to GPC's fuel conversion to
natural gas in July of 2015, evident by the more than 50% reduction in
annual SO<INF>2</INF> emissions at GPC from 2014 (13,075 tpy) to 2015
(6,191 tpy) and further reductions to below 200 tpy in 2016 and 2017.
Overall, GPC's annual SO<INF>2</INF> emissions were reduced by 98.7%
from 2014 to 2017.
In addition to emissions decreases within the nonattainment area,
the EPA also looked at emissions at LGS, the nearby source located
outside the nonattainment area. In the Louisa County Data Requirements
Rule (DRR) modeling,\2\ Iowa modeled LGS using its permitted allowable
rate of 4,270.89 lbs/hour,\3\ which would correspond to an annual total
of 18,706 tpy. Actual annual emissions at LGS during the 2015-2017
timeframe ranged between 5,129 tpy and 6,098 tpy, significantly below
the annual total of 18,706 tpy that corresponded with modeled
attainment. In addition, the actual maximum hourly emission rate at LGS
since 2011, as reported to EPA Clean Air Markets Division (CAMD)
database \4\ is 4,014.7 lb/hr, which is also below the 1-hour modeled
emission rate.
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\2\ EPA relied on the DRR modeling submitted by Iowa to
designate Louisa County, containing LGS, as attainment/
unclassifiable for the 2010 1-hour SO<INF>2</INF> NAAQS in December
2017 (83 FR 1098).
\3\ The 1-hour SO<INF>2</INF> modeling rate used for LGS was
developed from the current 30-day rolling permit limit and actual
emissions following the approach outlined in the EPA's 2014 Guidance
for 1-Hour SO2 Nonattainment Area State Implementation Plans.
\4\ <a href="https://ampd.epa.gov/ampd/">https://ampd.epa.gov/ampd/</a>.
Table 1--SO2 Emissions (tons) From 2011 to 2019 for Sources Within and Nearby the Muscatine Nonattainment Area. Emissions Are From EPA's National
Emissions Inventory (NEI)
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Source 2011 2012 2013 2014 2015 2016 2017 2018 2019
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GPC......................................... 11,970 11,640 12,761 13,075 6,191 187 173 84 89
MPW......................................... 2,374 2,015 2,169 1,821 1,714 1,769 1,167 1,458 1,715
Monsanto.................................... 537 543 469 502 402 349 208 ~0 ~0
Louisa.................................. 7,306 8,743 8,285 8,783 6,098 5,129 5,233 7,332 5,286
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Total............................... 22,187 22,941 23,684 24,181 14,405 7,434 6,781 8,874 7,090
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EPA's evaluation of emissions at sources within and outside of the
nonattainment area indicate significant reductions in emissions in the
2015-2017 timeframe compared to pre-2015 emissions.
ii. Monitoring Data
Under 40 CFR 58.15, monitoring agencies must certify, on an annual
basis, data collected by FRM or FEMs at all SLAMS, including special
purpose monitors, that meet EPA quality assurance requirements. In
doing so, monitoring agencies must certify that the previous year of
ambient concentration and quality assurance data are completely
submitted to AQS and that the ambient concentration data are accurate
to the best of their knowledge. Iowa annually certifies that the data
it submits to AQS are quality assured, including data collected at
monitoring sites in the Muscatine SO<INF>2</INF> NAA.
For the Muscatine SO<INF>2</INF> NAA the applicable attainment date
is October 4, 2018. In accordance with appendix T to 40 CFR part 50,
where determinations of SO<INF>2</INF> NAAQS compliance may be made
based on well-sited air quality monitors, compliance with the NAAQS is
based on three consecutive calendar years of data. The three calendar
year period preceding the attainment date for the Muscatine
SO<INF>2</INF> NAA is January 1, 2015-December 31, 2017.
The 3-year design values of 1-hour SO<INF>2</INF> from 2011 through
2020 for the three Muscatine area monitors are provided in Table 2 and
the annual 99th percentile of 1-hour SO<INF>2</INF> concentrations are
shown in Table 3. All monitor violations occur before the 2015-2017
timeframe, with all three monitors showing violations from 2011-2016.
No monitor violation of the 3-year design value has occurred since
2016, with the largest of the three 2015-2017 1-hour SO<INF>2</INF>
design values of 65 ppb at the Musser Park site. The trends indicated
in the monitored design values are consistent with EPA's evaluation of
the emissions trends discussed above. As emission reductions were
implemented at the sources in the nonattainment area, SO<INF>2</INF>
concentrations recorded at the area's air quality monitors decreased.
Specifically, coal combustion at GPC ceased in mid-2015 and coal
combustion at Monsanto ceased in late 2017. Significant decreases in 1-
hour daily maximum SO<INF>2</INF> concentrations at the air quality
monitors are consistent with that timeline. While the most recent
complete and quality-assured design values (2018-2020) for the
Greenwood Cemetery, High School East Campus, and Musser Park sites (15,
18, and 20 ppb, respectively) were recorded after the area's attainment
date, they indicate the effectiveness of the area's control measures.
These design values are no greater than 27% of the level of the 2010 1-
hour SO<INF>2</INF> NAAQS.
Table 2--Design Values (ppb) for the 2010 1-Hour SO2 NAAQS for the Muscatine Monitoring Sites
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Site name 2011-2013 2012-2014 2013-2015 2014-2016 2015-2017 2016-2018 2017-2019 2018-2020
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Greenwood Cemetery (19-139-0016)........................ .......... 101 97 77 45 20 17 15
High School E Campus (19-139-0019)...................... .......... .......... 128 84 42 22 21 18
[[Page 3962]]
Musser Park (19-139-0020)............................... 217 194 158 113 65 34 25 20
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Table 3--Annual 99th Percentile of 1-Hour Daily Maximum SO2 Concentrations (ppb) Muscatine Monitoring Sites
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Site name 2013 2014 2015 2016 2017 2018 2019 2020
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Greenwood Cemetery (19-139-0016)........................ 84 117 91 24 20 15 16 14
High School E Campus (19-139-0019)...................... 147 161 75 30 20 16 25 13
Musser Park (19-139-0020)............................... 179 179 116 45 35 24 16 20
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iii. Meteorology
The EPA does not have conclusive evidence to support that the
monitors are sited in the area of maximum ambient SO<INF>2</INF>
concentrations. EPA would typically rely on the siting analysis
performed to originally site the monitors or modeling of actual
emissions to demonstrate the monitors are sited in the area of maximum
concentrations. There is not a specific analysis associated with the
siting of the monitors nor does EPA have access to modeling of actual
emissions for sources in or near the nonattainment area to make such a
determination. In the absence of that information, EPA has also
evaluated local meteorology along with the monitored SO<INF>2</INF>
values to evaluate the likelihood of maximum ambient concentrations
occurring in locations that the monitors could not record. Hourly wind
speeds and direction were collected from the Muscatine Airport, which
is located approximately 8 kilometers southwest of GPC and the Musser
Park and High School SO<INF>2</INF> monitors. The hourly winds were
combined into a dataset with the coinciding one hour monitored
SO<INF>2</INF> concentrations and plotted using SO<INF>2</INF>
pollution roses. This analysis provides information to help determine
from where (and potentially what source) the monitored impacts were
coming. In summary, the monitors appear to be positioned in downwind
areas of relatively high impacts as indicated by pollution roses. Full
details of the local meteorology analysis and pollution roses are
provided in the TSD.
iv. Modeling Information
The EPA considered relying on two separate modeling demonstrations
for the Muscatine area. Modeling performed by the State of Iowa for
purposes of the control strategy and attainment demonstration for the
area was submitted to EPA in May 2016. EPA later approved the
attainment plan and modeling in a final action in November 2020 (85 FR
73218). That final action has since been remanded without vacatur to
EPA.\5\ The State of Iowa also submitted modeling pursuant to the
SO<INF>2</INF> DRR for LGS in January 2017. This DRR modeling was the
basis for EPA's Round 3 designation of Attainment/Unclassifiable for
Louisa County (containing LGS) in December 2017 (83 FR 1098). Both sets
of modeling rely on permitted allowable emissions rates \6\ \7\ that
were in place by the October 4, 2018, attainment date and were
previously found by EPA to demonstrate attainment of the NAAQS as noted
above. However, the EPA is not relying on Iowa's attainment
demonstration modeling as a basis for our proposed determination,
because that modeling may be revisited as part of the EPA's
reconsideration action per the D.C. Circuit's remand of EPA's approval
of Iowa's attainment plan. Rather, as discussed above, we are relying
on the DRR modeling to provide a comparison between the much higher
modeled emission rates at the sources and the actual recorded emissions
to provide additional evidence that the entire area was attaining the
NAAQs as of October 4, 2018.
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\5\ The final approval action was challenged in the D.C. Cir. on
January 15, 2021 and was placed in abeyance on February 3, 2021.
Sierra Club v. EPA, No. 21-1022 (D.C. Cir.). EPA filed an unopposed
motion to the court for a voluntary remand without vacatur and
indicated that EPA would take a final reconsideration action no
later than December 1, 2023. The D.C. Circuit granted EPA's motion
on December 17, 2021.
\6\ The permits containing the emissions limits also contain
exemptions for periods of startup, shutdown, and cleaning.
\7\ Monsanto was modeled with actual emissions for the Louisa
County DRR modeling demonstration.
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v. Conclusion
In sum, and as discussed further in the TSD, we propose to find
that the weight of the available evidence indicates that the Muscatine
area attained the 2010 1-hour SO<INF>2</INF> NAAQS in the 2015-2017
timeframe by the October 4, 2018 attainment date. Specifically, the
significant reductions in emissions during the relevant time period
from sources within the nonattainment area and a nearby source outside
the nonattainment area, coupled with corresponding decreased monitored
SO<INF>2</INF> concentrations within the nonattainment area during that
same time period lead us to our proposed determination that the area
attained by its attainment date. Local meteorological data help confirm
that the air quality monitors are unlikely to have missed high
concentrations, and the available modeling information and emissions
data of the nearby LGS source (which may not be reflected in the air
quality monitoring data from within the nonattainment area) also
supports the EPA's determination, as actual historical emissions from
that source during the relevant time period were significantly below
the emissions that were modeled to be consistent with attainment of the
NAAQS.
IV. Proposed Action and Request for Public Comment
The EPA conducted a weight-of-evidence analysis, described in
detail above and in the TSD, to determine if the Muscatine
SO<INF>2</INF> nonattainment area attained the 2010 1-hour
SO<INF>2</INF> NAAQS by the October 4, 2018 attainment date by
evaluating all available technical information and data relevant to the
SO<INF>2</INF> air quality (e.g., emissions, monitoring, meteorological
data, and modeling) in the Muscatine, Iowa, area. Based on the analysis
and information presented in this document and the TSD contained in
[[Page 3963]]
the docket for this action, the EPA proposes to determine that the
Muscatine SO<INF>2</INF> NAA attained the 2010 1-hour SO<INF>2</INF>
standard by the applicable attainment date of October 4, 2018,
consistent with CAA section 179(c)(1).
In addition, this action, if finalized, will address EPA's
obligation under a consent decree in Center for Biological Diversity,
et al. v. Regan, which establishes a deadline of March 31, 2022 for the
EPA to determine under CAA section 179(c) whether the Muscatine County
SO<INF>2</INF> nonattainment area attained the NAAQS by the October 4,
2018 attainment date.\8\
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\8\ Center for Biological Diversity, et al. v. Regan, No. 3:20-
cv-05436-EMC (N.D. Cal. June 25, 2021).
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This proposed action does not constitute a redesignation of the
Muscatine SO<INF>2</INF> NAA to attainment for the 2010 1-hour
SO<INF>2</INF> NAAQS under CAA section 107(d)(3) because we have not
yet approved a maintenance plan for the area as meeting the
requirements of section 175A of the CAA and have not determined that
the area has met the other CAA section 107(d)(3)(E) requirements for
redesignation. The classification and designation status in 40 CFR part
81 will remain nonattainment until the EPA has determined that Iowa has
met the CAA requirements for redesignation to attainment for the
Muscatine SO<INF>2</INF> NAA.
This is a proposed action and we are soliciting comments on this
proposed action. Final rulemaking will occur after consideration of any
comments.
V. Environmental Justice Concerns
When the EPA establishes a new or revised NAAQS, the CAA requires
the EPA to designate all areas of the U.S. as either nonattainment,
attainment, or unclassifiable. Area designations address environmental
justice concerns by ensuring that the public is properly informed about
the air quality in an area.
The EPA utilized the EJSCREEN tool to evaluate environmental and
demographic indicators within the area. The tool outputs report is
contained in the docket for this action. While the EPA's EJSCREEN tool
demonstrates that demographic indicators are consistent or lower than
national averages, there are vulnerable populations in the area
including low-income populations and persons over 64 years of age.
This action addresses EPA's determination, as required by the CAA,
of whether the Muscatine County, Iowa, area attained the 2010 1-hour
SO<INF>2</INF> NAAQS by the relevant attainment date. This action
proposes to determine an area has attained the NAAQS by the relevant
attainment date, but it does not change the geographic status of the
area nor does it impose additional or modify existing requirements on
sources. Based on the information presented in this document and the
associated technical support document, the EPA is proposing to
determine that the air quality in the Muscatine County area is
attaining the NAAQS. For these reasons, this proposed action does not
result in disproportionately high and adverse human health or
environmental effects on minority populations, low-income populations
and/or indigenous peoples.
VI. Statutory and Executive Order Reviews
This action proposes to determine an area has attained the NAAQS by
the relevant attainment date and does not impose additional or modify
existing requirements. For that reason, this action:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> Is not subject to requirements of the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
<bullet> This action does not have disproportionately high and
adverse human health or environmental effects on minority populations,
low-income populations and/or indigenous peoples, as specified in
Executive Order 12898 (59 FR 7629, February 16, 1994). The basis for
this determination is contained in section V of this action,
``Environmental Justice Concerns.''
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: January 20, 2022.
Meghan A. McCollister,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA proposes to amend
40 CFR part 52 as set forth below:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart Q--Iowa
0
2. Revise Sec. 52.834 to read as follows:
Sec. 52.834 Control strategy: Sulfur dioxide.
(a) Approval. On April 21, 1997, the Iowa Department of Natural
Resources (IDNR) submitted a maintenance plan and redesignation request
for the Muscatine County nonattainment area for the 1971 SO<INF>2</INF>
national ambient air quality standard (NAAQS). The maintenance plan and
redesignation request satisfy all applicable requirements of the Clean
Air Act.
(b) Determination of attainment by the attainment date. As of [date
30 days after date of publication of the final rule in the Federal
Register], the EPA has determined that the Muscatine, Iowa,
SO<INF>2</INF> nonattainment area has attained the 2010 1-hour
SO<INF>2</INF> primary NAAQS by the applicable attainment date of
October 4, 2018.
[FR Doc. 2022-01497 Filed 1-25-22; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.