[Federal Register Volume 77, Number 178 (Thursday, September 13, 2012)]
[Rules and Regulations]
[Pages 56555-56558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22471]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2012-0466; FRL-9726-2]


Approval and Promulgation of Implementation Plans; State of 
Missouri; Maximum Allowable Emission of Particulate Matter From Fuel 
Burning Equipment Used for Indirect Heating

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a revision to the 
Missouri State Implementation Plan (SIP) to incorporate a new Missouri 
regulation to restrict Particulate Matter (PM) emissions from fuel 
burning equipment used for indirect heating. The new regulation 
consolidates four existing area-specific regulations into one state-
wide rule for clarity. The requirements prescribed in the new 
regulation are as stringent as the conditions specified in the 
currently approved SIP with the four existing area-specific 
regulations. EPA has determined that the SIP revision submitted by the 
State of Missouri satisfies the applicable requirements of the Clean 
Air Act (CAA or Act).

DATES: This direct final rule will be effective November 13, 2012, 
without further notice, unless EPA receives adverse comment by October 
15, 2012. If EPA receives adverse comment, we will publish a timely 
withdrawal of the direct final rule in the Federal Register informing 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2012-0466, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Mail or Hand Delivery: Stephanie Doolan, Environmental 
Protection Agency, Air Planning and Development Branch, 901 North 5th 
Street, Kansas City, Kansas 66101.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2012-0466. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov or 
email information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov, your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket. All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Air Planning and Development Branch, 901 North 5th Street, 
Kansas City, Kansas. EPA requests that you contact the person listed in 
the FOR FURTHER INFORMATION CONTACT section to schedule your 
inspection. The interested persons wanting to examine these documents 
should make an appointment with the office at least 24 hours in 
advance.

FOR FURTHER INFORMATION CONTACT: Stephanie Doolan, Environmental 
Protection Agency, Air Planning and Development Branch, 901 North 5th 
Street, Kansas City, Kansas 66101, at (913) 551-7719, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' refer to EPA.

Table of Contents

I. Background for the Action
II. EPA Review of the State Submittal

[[Page 56556]]

    A. Summary of the Emission Limits
    B. Enforceability
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background for the Proposal

    The SIP revision which is the subject of this action was submitted 
by Missouri by letter dated October 11, 2011. The revision consists 
primarily of a consolidation of existing rules relating to PM emission 
from indirect heating sources. EPA most recently revised the NAAQS for 
PM on October 17, 2006. (71 FR 61144). The PM standard regulates two 
types of particulates: fine particulates, or PM2.5, which 
generally refers to particles less than or equal to 2.5 micrometers 
([micro]m) in diameter; and coarse particulates, or PM10, 
referring generally to particles less than or equal to 10 [micro]m in 
diameter. Because the preexisting state rules were designed to address 
a prior NAAQS for total suspended particulates, the consolidated 
Missouri rule regulates total PM emissions, without reference to 
particle size.
    Today's action does not change existing emissions limitations, but 
rather consolidates four previously existing Missouri area-specific 
rules into one state-wide standard for clarity. The consolidated rule 
provides an exemption for units that burn specific types of ``clean 
burning'' fuels and an alternative method of demonstrating compliance 
by averaging emissions for facilities with multiple units subject to 
this rule, as described in more detail below. These four rules were 
previously approved into the Missouri SIP. See 40 CFR 52.1320(c).
    The four rules which are being consolidated into the new Missouri 
rule include:

--10 CSR 10-2.040, Maximum Allowable Emission of Particulate Matter 
from Fuel Burning Equipment Used for Indirect Heating, for the Kansas 
City Metropolitan Area;
--10 CSR 10-3.060, Maximum Allowable Emission of Particulate Matter 
from Fuel Burning Equipment Used for Indirect Heating, applicable to 
the ``out state area'' defined as areas in Missouri other than the City 
of St. Louis, and St. Charles, St. Louis, Jefferson, Franklin, Clay, 
Cass, Buchanan, Ray, Jackson, Platte and Greene Counties;
--10 CSR 10-4-040, Maximum Allowable Emission of Particulate Matter 
from Fuel Burning Equipment Used for Indirect Heating, for Springfield-
Greene County area; and
--10 CSR 10-5.030, Maximum Allowable Emission of Particulate Matter 
from Fuel Burning Equipment Used for Indirect Heating, for the St. 
Louis Metropolitan Area.

These standards have been consolidated into one state-wide rule, 10 CSR 
10-6.405, Restriction of Particulate Matter Emissions from Fuel Burning 
Equipment Used for Indirect Heating.
    Missouri's new rule restricts the emission of PM from fuel burning 
equipment used for indirect heating. As discussed above, the rule 
applies state-wide, with additional conditions applicable to the 
Springfield, Kansas City and St. Louis Metropolitan Areas. The rule 
applies to facilities that burn fuel for the primary purpose of 
producing steam, hot water, or hot air or other indirect heating of 
liquids, gases or solids and, in the course of doing so, the products 
of combustion do not come into contact with process materials. The 
types of facilities affected by this rule include but are not limited 
to utility and industrial boilers, process heaters and smelters of all 
sizes. The types of fuel may include but are not limited to coal, tire-
derived fuel, coke, lignite, coke breeze, gas, fuel oil, biomass and 
wood, but do not include refuse.
    An installation is excluded from this rule if all of the 
installation's applicable units are fueled only by landfill gas, 
propane, natural gas, fuel oils 2 through 6 (provided 
that the fuels are low in sulfur), or other gases with low hydrogen 
sulfide and/or mercury content, as discussed in greater detail below.
    EPA's analysis of the State's SIP submittal is presented below. As 
a result of EPA's analysis, we are approving this request and are 
amending Missouri's SIP to remove the four pre-existing rules and 
replace them with the new rule, 10 CSR 10-6.405. This revision creates 
the new consolidated rule and rescinds the former area-specific rules.
    This rulemaking does not change the substantive PM emissions 
requirements. It merely clarifies the Missouri regulation, adds 
exemptions for individual emission units using clean-burning fuels and 
for entire facilities using only these specific clean fuels, and is 
expected to improve compliance.

II. EPA Review of the State Submittal

A. Summary of Revised Emission Limits

    The Missouri rule establishes emission rate limits for 
installations in which fuel is burned for the primary purpose of 
producing steam, hot water, or hot air or other indirect heating of 
liquids, gases, or solids and in the course of doing so, the products 
of combustion do not come into direct contact with process materials. 
As discussed above, fuels may include but are not limited to coal, 
tire-derived fuel, coke, lignite, coke breeze, gas, fuel oil, biomass 
and wood, but do not include refuse.
    An installation is excluded from this rule if all of the 
installation's applicable units are fueled only by landfill gas, 
propane, natural gas, fuel oils 2 through 6 (with 
less than 1.2 percent sulfur), or other gases (with hydrogen sulfide 
levels less than or equal to four parts-per-million by volume as 
measured by American Standard for Testing of Materials (ASTM) ASTM 
D4084, or equivalent method, and mercury concentrations less than 40 
micrograms per cubic meter as measured using ASTM D5954, or ASTM D6350, 
or equivalent), or any combination of these fuels.
    In a correspondence dated January 31, 2012, the Missouri Department 
of Natural Resources (MDNR) provided supplemental information to EPA 
supporting the rule. In its analysis of the emissions impact of the 
clean fuels exclusion, MDNR relied on a technical analysis of emissions 
from units burning such fuels, performed for EPA in conjunction with 
the boiler MACT rulemaking (76 FR 80532). MDNR compared projected 
emissions from such units to the emission limitations under the state 
rule, and concluded that emissions would be lower with the use of clean 
fuels than emissions allowed under the state's indirect heating rule. 
MDNR concluded, based on this analysis, that emissions would not 
increase as a result of the exclusion. EPA has reviewed MDNR's analysis 
and agrees with this conclusion.
    The Missouri rule sets emission limits for Existing Indirect 
Heating Sources based on the area of the State (Kansas City and St. 
Louis Metropolitan areas, or Springfield--Greene County and Outstate 
Missouri areas) and the aggregate heat content of all fuels whose 
combustion products pass through a stack(s). These limits are the same 
as those already approved in the State SIP through the adoption of the 
pre-existing rules.
    Similarly, the Missouri rule sets emission limits for New Indirect 
Heating Sources. Again, these limits are the same as those already 
approved in the State SIP through the adoption of the pre-existing 
regulations.
    The Missouri rule also presents the option of demonstrating 
compliance if the weighted average emission rate (WAER) of two or more 
indirect heating sources is less than or equal to the maximum allowable 
particulate emission rate limits for PM emissions required by the 
regulation. EPA has reviewed this approach and determined

[[Page 56557]]

that it is a valid method for demonstrating compliance with the 
standard because it achieves the same overall level of emissions for 
the installation.
    The January 31, 2012, correspondence, referenced above, also 
included a technical analysis demonstrating that the averaging approach 
versus unit-specific PM limits for determining compliance with the rule 
had no effect on the emission limits. EPA agrees with this analysis.
    In summary, EPA has reviewed this consolidated regulation and 
determined that it achieves the same level of PM control as the pre-
existing four regulations, and therefore is equally protective of human 
health and the environment.

B. Enforceability

    The Missouri rule is state enforceable and has already been made 
effective by the state as of October 30, 2011. The Missouri rule 
specifies reporting and record keeping requirements for installations 
subject to the rule. The owner or operator of an installation subject 
to the rule shall maintain records annual emissions and testing records 
demonstrating compliance with the rule for a period of five years. 
These records must be available to MDNR upon request.

III. Final Action

    EPA is approving Missouri's request to include the new State rule 
regulation into the Missouri SIP. This approval is based on EPA's 
finding that the rule is as stringent as the four rules it replaces and 
fulfills the requirements of the CAA. EPA notes that although this SIP 
revision does not reduce state-wide PM from current levels, it 
consolidates and clarifies four existing rules to result in greater 
compliance toward attaining the 2006 p.m. NAAQS.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that the Administrator determines to be in compliance with 
the provisions of the Act and applicable Federal regulations. 42 U.S.C. 
7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's 
role is to approve state choices, provided that they meet the criteria 
of the CAA. Accordingly, this action 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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 EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this action does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined in 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by March 16, 2009. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: August 29, 2012.
Mark J. Hague,
Acting Regional Administrator, Region 7.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart AA--Missouri

0
2. Section 52.1320(c) is amended by revising the entries for 10-2.040, 
10-3.060, 10-4.040, and 10-5.030 and adding an entry for 10-6.405 to 
the table in numerical order to read as follows:


Sec.  52.1320  Identification of Plan.

* * * * *
    (c) * * *

[[Page 56558]]



                                        EPA-Approved Missouri Regulations
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                                                               State
        Missouri citation                   Title            effective    EPA approval date       Explanation
                                                                date
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                                                  * * * * * * *
10-2.040........................  Maximum Allowable              9/4/84  1/24/85, 50 FR 3337  Rescinded.
                                   Emission of Particulate
                                   Matter from Fuel
                                   Burning Equipment Used
                                   for Indirect Heating.
 
                                                  * * * * * * *
10-3.060........................  Maximum Allowable            11/30/02  3/18/03, 68 FR       Rescinded.
                                   Emission of Particulate                12831.
                                   Matter from Fuel
                                   Burning Equipment Used
                                   for Indirect Heating.
 
                                                  * * * * * * *
10-4.040........................  Maximum Allowable            11/30/02  3/18/03, 68 FR       Rescinded.
                                   Emission of Particulate                12831.
                                   Matter from Fuel
                                   Burning Equipment Used
                                   for Indirect Heating.
 
                                                  * * * * * * *
10-5.030........................  Maximum Allowable              9/4/84  1/24/85, 50 FR 3337  Rescinded.
                                   Emission of Particulate
                                   Matter from Fuel
                                   Burning Equipment Used
                                   for Indirect Heating.
 
                                                  * * * * * * *
10-6.405........................  Restriction of               10/30/11  9/13/12 [insert      Replaces 10-2.040,
                                   Particulate Matter                     Federal Register     10-3.060, 10-
                                   Emissions From Fuel                    page number where    4.040, and 10-
                                   Burning Equipment Used                 the document         5.030
                                   for Indirect Heating.                  begins].
 
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[FR Doc. 2012-22471 Filed 9-12-12; 8:45 am]
BILLING CODE 6560-50-P