[Federal Register Volume 79, Number 5 (Wednesday, January 8, 2014)]
[Proposed Rules]
[Pages 1350-1352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31567]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2013-0674; FRL-9905-02-Region 7]
Approval and Promulgation of Implementation Plans; State of
Missouri; Control of Nitrogen Oxide Emissions From Large Stationary
Internal Combustion Engines
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the State of Missouri to EPA on September 21,
2010, with a supplemental revision submitted on July 3, 2013. The
purpose of the SIP revision is to incorporate revisions to a Missouri
regulation to control Nitrogen Oxide (NOX) emissions from
large stationary internal combustion engines. This revision includes an
emission rate limitation for both large stationary diesel and dual fuel
internal combustion engines and adds an exemption for compression
ignited stationary internal combustion engines that emit 25 tons or
less of NOX between May 1 and September 30. 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), and in particular, the April 21, 2004, final Federal Phase II
NOX SIP Call.
DATES: Comments must be received on or before February 7, 2014.
ADDRESSES: Submit your comments identified by Docket ID No. EPA-R07-
OAR-2013-0674, by one of the following methods:
1. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
2. Email: [email protected].
3. Mail: Ms. Lachala Kemp, Air Planning and Development Branch,
U.S. Environmental Protection Agency, Region 7, Air and Waste
Management Division, 11201 Renner Boulevard, Lenexa, Kansas 66219.
4. Hand Delivery or Courier: Deliver your comments to Ms. Lachala
Kemp, Air Planning and Development Branch, U.S. Environmental
Protection Agency, Region 7, Air and Waste Management Division, 11201
Renner Boulevard, Lenexa, KS 66219.
Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2013-0674. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://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 http://www.regulations.gov or email information that you consider to be CBI or
otherwise protected. The http://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 http://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 should be
free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
at http://www.regulations.gov or in hard copy at the U.S. Environmental
Protection Agency, Region 7, 11201 Renner Boulevard, Lenexa, Kansas
66219 from 8:00 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The interested persons wanting to examine these
documents should make an appointment with the office at least 24 hours
in advance.
FOR FURTHER INFORMATION CONTACT: Ms. Lachala Kemp, Air Planning and
Development Branch U.S. Environmental Protection Agency, Region 7,
11201 Renner Boulevard, Lenexa, KS 66219; telephone number: (913) 551-
7214; fax number: (913) 551-7065; email address: [email protected].
[[Page 1351]]
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' or
``our'' refer to EPA. This section provides additional information by
addressing the following questions:
Table of Contents
I. Background for the Proposal
II. Summary of Missouri's SIP Revision
III. EPA's Proposed Action
I. Background for the Proposal
EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the State of Missouri to EPA on September 21,
2010, with a supplemental revision submitted on July 3, 2013. The
purpose of the SIP revision is to incorporate changes to a Missouri
regulation (Title 10 of the Code of State Regulations (CSR) 10-6.390)
to control Nitrogen Oxide (NOX) emissions from large
stationary internal combustion (IC) engines to ensure compliance with
the federal NOX control plan to reduce the transport of air
pollutants.\1\ EPA finalized the second phase (Phase II) of its rule
known as the NOX SIP Call Rule on April 21, 2004 (69 FR
21604). Phase II required the eastern one-third of Missouri to
participate in the NOX SIP Call and included a provision
related to source categories of IC engines. The IC provision
established a requirement to decrease emissions from diesel and dual
fuel stationary IC engines by ninety percent. 69 FR 21608. Phase II of
the NOX SIP Call also required each state in the control
region to submit a SIP that contained adequate provisions prohibiting
its sources from emitting air pollutants that would contribute
significantly to nonattainment, or interfere with maintenance, in one
or more downwind states. See, generally, 69 FR at 21608-38.
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\1\ The effective date of the rule in Missouri was May 30, 2010.
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Missouri's rule establishes emissions levels for large stationary
internal combustion engines of greater than one thousand three hundred
horsepower located in the counties of Bollinger, Butler, Cape
Girardeau, Carter, Clark, Crawford, Dent, Dunklin, Franklin, Gasconade,
Iron, Jefferson, Lewis, Lincoln, Madison, Marion, Mississippi,
Montgomery, New Madrid, Oregon, Pemiscot, Perry, Pike, Ralls, Reynolds,
Ripley, St. Charles, St. Francois, St. Louis, Ste. Genevieve, Scott,
Shannon, Stoddard, Warren, Washington, and Wayne counties, and the City
of St. Louis in Missouri. To be subject to this rule, the IC engines
must either have emitted greater than one ton per day of NOX
on average during the period from May 1 through September 30 of 1995,
1996 or 1997, or began operations after September 30, 1997. 10 CSR 10-
6.390(1)(A), (B).
EPA's analysis of the State's SIP revision is discussed below. As a
result of EPA's analysis, we are proposing to approve this request to
revise Missouri's SIP and include this 2010 amendment to the Missouri
rule.
II. Summary of Missouri's SIP Revision
The Missouri rule establishes emission rate limits using current
reporting requirements for both large stationary diesel engines and
dual fuel IC engines and adds a twenty five ton NOX
exemption.
Any compression ignited stationary engine that begins operation
after September 30, 1997, and emits twenty-five (25) tons or less of
NOX during the period from May 1 through September 30 is
also exempt from certain emission rate limits found at 10 CSR 10-
6.390(3)(B)3. and 4. This exemption (hereinafter referred to as the
``twenty-five ton NOX exemption'') is based on the previous
year's NOX emissions during the May 1 through September 30
period. If the exemption limit is exceeded, for any reason, the engine
in question will be required to meet the applicable limits of
subsection (3)(B) each year thereafter. The exemption does not apply to
the record keeping and reporting requirements of 10 CSR 10-6.390(4).
Section 110(l) of the CAA states that EPA shall not approve a
revision of a SIP if the revisions would interfere with any applicable
requirement concerning attainment and reasonable further progress, or
any other applicable requirement of the CAA. The State's SIP revision
included a demonstration that this twenty-five ton NOX
exemption for compression ignited stationary IC engines will not
adversely impact air quality. The analysis also showed that the
exemption will not affect the State's ability to meet its
NOX SIP Call obligations.
In this analysis, the State focuses on the eastern one-third of
Missouri, which is defined by the Phase II NOX SIP Call.
This area is also located south and adjacent to the St. Louis
nonattainment area for ozone, which is generally in the path of the
predominant wind direction on typical high ozone days. The overall
analysis on emissions for the specific area demonstrates that the
additional impact of these exempt units on St. Louis ozone and
NOX levels is insignificant.
In addition, the State's analysis also demonstrates that for each
year since EPA approved its NOX SIP Call budget on August
15, 2006 (71 FR 46860), overall ozone season NOX emissions
have been below the State's allowable budget. For utilities,
NOX controls--specifically, two selective catalytic
reduction units with overfire air, one low-NOX burner with
overfire air, and two overfire air NOX control units--have
been installed since 2005 in the eastern one-third of Missouri to
assist the State with meeting the applicable budgets. Similarly, non-
utility boiler and cement kiln NOX emissions have
substantially decreased and stayed below the State's allowable budget
during this time. Even with the potential amount of additional
NOX emissions caused by the twenty-five ton NOX
exemption in 10 CSR 10-6.390, the total amount of NOX
emissions would still be under the budgeted level. Further details on
the State's analysis can be found in the docket for this rulemaking.
In summary, EPA has reviewed the State's analysis and believes that
the twenty-five ton NOX exemption in 10 CSR 10-6.390 will
not adversely impact air quality and will not affect the State's
ability to meet its NOX SIP Call budget obligations.
III. EPA's Proposed Action
In today's rulemaking, EPA is proposing to approve a revision to
the Missouri SIP to control NOX emissions from large
stationary internal combustion engines. The revisions will also add a
NOX exemption for compression ignited stationary internal
combustion engines that emit 25 tons or less of NOX during
the ozone season. If this level is exceeded, the regular emission rate
limits in the regulation would apply. The requirements prescribed in
the proposed SIP revision are consistent with the April 21, 2004, final
Federal Phase II NOX SIP Call. EPA has determined that the
SIP submitted by the State of Missouri satisfies the applicable
requirements of the CAA.
Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the Clean Air Act. Accordingly,
this proposed 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 proposed action:
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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 rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Reporting and
recordkeeping requirements.
Dated: December 12, 2013.
Karl Brooks,
Regional Administrator, Region 7.
[FR Doc. 2013-31567 Filed 1-7-14; 8:45 am]
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