[Federal Register Volume 79, Number 203 (Tuesday, October 21, 2014)]
[Rules and Regulations]
[Pages 62856-62859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24866]
[[Page 62856]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2014-0688; FRL-9918-10-Region 7]
Approval and Promulgation of Implementation Plans; State of
Missouri, Control of Emissions From Hand-Fired Equipment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the State Implementation Plan
(SIP) submitted by the State of Missouri on May 8, 2012, related to a
Missouri rule titled ``Control of Emissions from Hand-Fired
Equipment.'' Today's action approves a revision to the Missouri SIP
that allows the burning of discarded clean wood in non-residential
(commercial owned and operated) heating devices, with restrictions to
ensure environmentally-sound operation, in the St. Louis metropolitan
area.
DATES: This direct final rule will be effective December 22, 2014,
without further notice, unless EPA receives adverse comment by November
20, 2014. 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-2014-0688, 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: Larry Gonzalez, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219.
Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2014-0688. 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 docket are listed in the
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
form. 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,
11201 Renner Boulevard, Lenexa, Kansas 66219. The Regional Office's
official hours of business are Monday through Friday, 8:00 to 4:30
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: Larry Gonzalez, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at 913-551-7041 or by email at
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA. This section provides additional information by
addressing the following:
I. What is a SIP?
II. What is the Federal approval process for a SIP?
III. What does Federal approval of a State regulation mean to me?
IV. What is being addressed in this document?
V. Have the requirements for approval of a SIP revision been met?
VI. What action is EPA taking?
VII. Statutory and Executive Order Reviews
I. What is a SIP?
Section 110 of the Clean Air Act (CAA) requires states to develop
air pollution regulations and control strategies to ensure that state
air quality meets the National Ambient Air Quality Standards (NAAQS)
established by the EPA. These standards are established under section
109 of the CAA, and they currently address six criteria pollutants.
These pollutants are carbon monoxide, nitrogen dioxide, ozone, lead,
particulate matter, and sulfur dioxide.
Each state must submit these regulations and control strategies to
EPA for approval and incorporation into the Federally-enforceable SIP.
Each Federally-approved SIP protects air quality primarily by
addressing air pollution at its point of origin. These SIPs can be
extensive, containing state regulations or other enforceable documents
and supporting information such as emission inventories, monitoring
networks, and modeling demonstrations.
II. What is the Federal approval process for a SIP?
In order for state regulations to be incorporated into the
Federally-enforceable SIP, states must formally adopt the regulations
and control strategies consistent with state and Federal requirements.
This process generally includes a public notice, public hearing, public
comment period and a formal adoption by a state-authorized rulemaking
body.
Once a state rule, regulation, or control strategy is adopted, the
state submits it to EPA and requests that it be included into the
state's SIP. EPA must provide public notice and seek additional public
comment before it takes final action on the state's request to modify,
or revise its implementation plan.
All state regulations and supporting information approved by EPA
under section 110 of the CAA are incorporated into the Federally-
approved SIP. Records of such SIP actions are maintained in the Code of
Federal Regulations (CFR) at title 40, part 52, entitled ``Approval and
Promulgation of Implementation Plans.'' The actual state regulations
which are approved are not reproduced in their entirety in the CFR
outright, but are ``incorporated by reference,'' which means that we
have
[[Page 62857]]
approved a given state regulation with a specific effective date by
referencing it directly in the CFR.
III. What does Federal approval of a State regulation mean to me?
Enforcement of the state regulation before and after it is
incorporated into the Federally-approved SIP is primarily a state
responsibility. After the regulation is Federally-approved, EPA is
authorized to take enforcement action against violators of the state
requirement. As a result of Federal enforceability, citizens are also
offered legal recourse to address violations as described in section
304 of the CAA.
IV. What is being addressed in this document?
EPA is taking direct final action to approve a revision to the SIP
submitted by the State of Missouri on May 8, 2012, related to Missouri
rule 10 CSR 10-5.040, ``Control of Emissions from Hand-Fired
Equipment.'' This revision allows commercial facilities to burn clean
scrap wood in hand-fired equipment operating in the St. Louis
metropolitan area, as long as the device is operated at the same
location that the clean scrap wood is generated.
To ensure that emissions of pollutants that result from this
provision will not affect the ability of the St. Louis metropolitan
area to comply with the National Ambient Air Quality Standards (NAAQS),
MDNR estimated the emission increases the area may experience as
commercial facilities utilize the provision. The MDNR analysis first
estimated the number of facilities that would take advantage of the
provision, then estimated the amount of pollutants emitted from hand-
fired heating equipment using clean scrap wood as a fuel. The MDNR
analysis of emissions relied on EPA's compilation of air pollution
emission factors (AP-42) guidance to estimate the emissions from
commercial facilities taking advantage of the new provision. The
analysis submitted by MDNR determined that on a seasonal basis the
greatest pollutant increase would be a less than 0.5 percent increase
in carbon monoxide (CO), with other NAAQS pollutants showing increasing
that are orders of magnitude lower. A description of the analysis and
estimated emissions that result from the provision, prepared by MDNR,
is included in the docket for this final rule.
In EPA's review of MDNR's technical analysis, we agree that due to
the limited number of commercial facilities utilizing the provision the
resulting increase in emissions caused by burning clean wood in heating
devices would be negligible. MDNR's analysis assumed individual heating
units using a mix of oak and pine with a moisture content indicative of
``dry wood'' over a normal heating season. The estimated emissions from
this analysis show that the devices produce a negligible increase in
NAAQS pollutants when compared to the current St. Louis metropolitan
area emissions inventory.
In the analysis, MDNR specifically estimated the emissions from the
operation of up to 50 devices in the metropolitan area burning clean
dry wood at commercial facilities. While it is difficult to establish
realistic assumptions for this type of analysis, EPA believes this
component of the analysis is reasonable. At the time MDNR submitted the
SIP revision request to EPA for approval, there were three commercial
facilities in the St. Louis metropolitan area known to be using clean
scrap wood for heating purposes in five different combustion/heating
devices. These devices were operating at one pallet repair facility,
one lumber yard, and one arborist. These facilities generate
unadulterated, clean scrap wood waste as a normal course of doing
business.
To calculate the potential emissions from the devices, MDNR used
EPA's AP-42 guidance and assumed the device[s] would only operate
during the heating season (22 weeks) for comfort heating at the
facilities as opposed to operating year round for the purpose of
destroying secondary materials generated by the commercial activity.
EPA believes estimating emissions based on the use of heating devices
only during the heating season is a reasonable assumption to make to
increase the accuracy of the estimate. MDNR's analysis estimated the
emissions from six pollutants: Particulate Matter (PM) of 10 microns
and less than 2.5 microns in size, CO, oxides of nitrogen
(NOX), oxides of sulfur (SOX), and volatile
organic compounds (VOCs). The analysis results are shown in table 1
below.\1\
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\1\ The 2008 baseline emissions, used in the comparison shown in
table 1, was collected from EPA's 2008 emissions inventory for the
St. Louis metropolitan area and includes emissions from point and
nonpoint sources in the following counties and municipalities in MO:
Franklin County; Jefferson County; St. Charles County; St. Louis
County; and St. Louis City.
Table 1
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Number of Devices
Emissions 2008 Increase ---------------------------------------------------
Pollutant per device Baseline per device 5 50
(tons) emissions (%) ---------------------------------------------------
(tons) Tons Percent Tons Percent
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PM2.5........................................................ 0.0815 16,670 0.000489 0.4077 0.00245 4.0771 0.02446
PM10......................................................... 0.0947 109,306 0.000087 0.4735 0.00043 4.7347 0.00433
CO........................................................... 0.1578 33,867 0.000466 0.7891 0.00233 7.8912 0.02330
NOX.......................................................... 0.1289 44,285 0.000291 0.6444 0.00146 6.4445 0.01455
SOX.......................................................... 0.0066 213,756 0.000003 0.0329 0.00002 0.3288 0.00015
VOC.......................................................... 0.0045 43,430 0.000010 0.0224 0.00005 0.2236 0.00051
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The analysis shows that increases in emissions in the St. Louis
metropolitan area produced through the use of this provision are
insignificant, and will not meaningfully impact the attainment status
of the area with respect to the NAAQS.
The St. Louis metropolitan area is currently classified as moderate
nonattainment for PM2.5 and marginal nonattainment for
ozone. PM2.5, or fine particulate matter is produced by a
variety of commercial and noncommercial sources in the St. Louis
metropolitan area, and based on the analysis even if 50 commercial
facilities were to begin heating with scrap wood generated onsite, the
resulting emissions would only increase the current PM2.5
emission's inventory by a factor of 0.0002 (or 4.1 tons out of 16,670
tons). EPA agrees that this relatively slight increase in
PM2.5 emissions will not
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have a measurable impact on ambient PM2.5 concentrations in
the area. Furthermore emissions trends for PM2.5 currently
depict a decrease in ambient concentrations and this trending decrease
in PM2.5 far exceeds the emissions increase in
PM2.5 projected by MDNR's analysis.
Ozone, the other pollutant that the St. Louis metropolitan area is
currently not attaining, is not directly emitted into the atmosphere
like PM or NOX. MDNR's analysis did not specifically address
ozone concentrations; however, due to a number of factors assessed by
EPA, we agree that the impact on attaining the ozone NAAQS will be
minimal. In support of this position, EPA notes that the restrictions
for the exceptions will greatly limit the number of commercial
facilities using the provision and therefore limit additional
pollutants released into the St. Louis metropolitan airshed. Also, EPA
considered that additional building heating is needed during periods of
the year in which colder temperatures and shorter periods of daylight
exist (months preceding and following the winter solstice) thus,
minimizing impacts on ambient ozone concentrations. In summary, EPA
agrees with MDNR's analysis that any additional ozone precursor
emissions that the revised provision adds to the area will not
contribute to the formation of ground level ozone in a meaningful way,
because the emissions occur during a period of the year in which the
conditions that favor ozone formation do not exist.
MDNR solicited comments on the proposed provision during the
process to finalize this revision. In response to these solicitations,
MDNR received fifteen comments (two from EPA Region 7, one from the
commercial operator originally requesting the rule change, and the rest
from the St. Louis Health Department). In general, the comments
highlighted technical aspects of the provision that required
modification to increase clarity and aid compliance. MDNR modified the
proposed provision to address comments from EPA and the St. Louis
Health Department.
V. Have the requirements for approval of a SIP revision been met?
The state submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. and
meets the substantive SIP requirements of the CAA, including section
110 and implementing regulations.
VI. What action is EPA taking?
EPA is taking direct final action to approve this SIP revision. We
are publishing this rule without a prior proposed rule because we view
this as a noncontroversial action and anticipate no adverse comment.
However, in the ``Proposed Rules'' section of today's Federal Register,
we are publishing a separate document that will serve as the proposed
rule to approve this SIP revision, if adverse comments are received on
this direct final rule. We will not institute a second comment period
on this action. Any parties interested in commenting must do so at this
time. For further information about commenting on this rule, see the
ADDRESSES section of this document. If EPA receives adverse comment, we
will publish a timely withdrawal in the Federal Register informing the
public that this direct final rule will not take effect. We will
address all public comments in any subsequent final rule based on the
proposed rule.
VII. 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 CAA. Accordingly, this
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'' under the terms
of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 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 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.
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 by 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 December 22, 2014. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial
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review of this direct final rule, so that EPA can withdraw this direct
final rule and address the comment in the proposed rulemaking. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 24, 2014.
Karl Brooks,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the Environmental
Protection Agency amends 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 AA--Missouri
0
2. In Sec. 52.1320, the table in paragraph (c) is amended by revising
the table heading entitled ``Chapter 5--Air Quality Standards and Air
Pollution Control Regulations for the St. Louis Metropolitan Area'' and
the entry under ``Chapter 5--Air Quality Standards and Air Pollution
Control Regulations for the St. Louis Metropolitan Area'' for ``10-
5.040'' to read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Missouri Regulations
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State
Missouri citation Title effective EPA approval date Explanation
date
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Missouri Department of Natural Resources
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* * * * * * *
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Chapter 5--Air Quality Regulations and Air Pollution Control Regulations for the St. Louis Metropolitan Area
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* * * * * * *
10-5.040....................... Control of Emissions 05/30/12 10/21/14 [Insert
from Hand-Fired Federal Register
Equipment. citation].
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[FR Doc. 2014-24866 Filed 10-20-14; 8:45 am]
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