[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