[Federal Register Volume 84, Number 22 (Friday, February 1, 2019)]
[Proposed Rules]
[Pages 1039-1041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00782]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R07-OAR-2018-0837; FRL-9988-95-Region 7]
Approval of State Plans for Designated Facilities and Pollutants;
Missouri; Diammonium Phosphate Fertilizer Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
rescind the current state plan and associated regulation and accept the
negative declaration submitted by the State of Missouri for Diammonium
Phosphate Fertilizer units. This negative declaration submitted by the
Missouri Department of Natural Resources (MoDNR) certifies that
Diammonium Phosphate Fertilizer (DPF) units subject to section 111(d)
of the Clean Air Act (CAA) do not operate within the jurisdiction of
the State of Missouri. The EPA is accepting the negative declaration in
accordance with the requirements of the CAA.
DATES: Comments must be received on or before March 4, 2019.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2018-0837 to https://www.regulations.gov. 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 https://www.regulations.gov/, 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: Larry Gonzalez, Environmental
[[Page 1040]]
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 the EPA.
Table of Contents
I. Written Comments
II. Background
III. What action is the EPA proposing to take?
IV. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2018-
0837, at https://www.regulations.gov. Once submitted, comments cannot
be edited or removed from Regulations.gov. 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 https://www.epa.gov/dockets/commenting-epa-dockets.
II. Background
The Clean Air Act (CAA) requires that state regulatory agencies
implement emission guidelines and associated compliance times using a
state plan developed under sections 111(d) of the CAA.
The general provisions for the submittal and approval of state
plans are codified in 40 CFR part 60, subpart B and 40 CFR part 62,
subpart A. Section 111(d) establishes general requirements and
procedures on state plan submittals for the control of designated
pollutants.
States have options other than submitting a state plan in order to
fulfill their obligations under CAA sections 111(d). If a state does
not have any existing units for the relevant emission guidelines, a
letter can be submitted certifying that no such units exist within the
state (i.e., a negative declaration) in lieu of a state plan, in
accordance with 40 CFR 60.5010. The negative declaration exempts the
state from the requirements of subpart B that would otherwise require
the submittal of a CAA section 111(d) plan.
On August 6, 1975, the EPA finalized standards of performance for
new stationary sources from the phosphate fertilizer industry which
included diammonium phosphate fertilizer production plants under the
authority of section 111 of the CAA. As required by the CAA 111(d) and
40 CFR part 60, subpart B, each state must adopt and submit a plan for
the control of pollutants from existing facilities regulated under
section 111(b) New Source Performance Standards following publication
of a notice of availability of an applicable emission control guideline
unless no such facilities exist within the state. If there are no
facilities in the state, the state is required to submit a letter of
certifying that fact.
In response to these requirements, the State of Missouri submitted
a plan for the control of fluoride emissions from phosphate fertilizer
plants on January 3, 1985. The state plan was based on the state
regulation 10 CSR 10-3.160 ``Restriction of Emissions from Diammonium
Phosphate Fertilizer Plants''. At the time of the submittal there was a
single operating phosphate fertilizer plant in the State located in
Joplin, Missouri. On March 14, 1986, EPA approved the state plan and
associated regulation submitted by the State of Missouri pursuant to
CAA section 111(d) and 40 CFR part 60, subpart B. Subsequent to this
state plan approval, the single phosphate fertilizer plant operating in
Joplin, Missouri ceased fertilizer production and dismantled its
fertilizer production equipment in between the years of 2003 and 2004.
On December 3, 2018, MoDNR submitted a negative declaration to EPA,
certifying that there are no operating phosphate fertilizer plants in
Missouri, and requested that the EPA rescind its previous state plan
applicable to phosphate fertilizer production facilities. Additionally,
MoDNR notified the EPA that it would rescind its 10 CSR 10-3.160 rule
that controlled emissions of fluoride from diammonium phosphate
fertilizer plants.
The EPA is proposing to accept MoDNR's negative declaration
submission made on December 3, 2018 and rescind the State's plan and
associated regulation. This action applies to the state's regulatory
requirements for existing facilities and not new sources.
III. What action is the EPA proposing to take?
The EPA proposes to amend 40 CFR part 62 to reflect receipt of
MoDNR's negative declaration letter certifying that there are no
phosphate fertilizer production facilities operating in Missouri
subject to 40 CFR part 60, subpart V, in accordance with section 111(d)
of the CAA. Simultaneously, we are proposing to amend 40 CFR part 62,
subpart AA, to remove phosphate fertilizer plants from the list of
affected source categories found at 40 CFR 62.6350(c)(1).
IV. Statutory and Executive Orders
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review under Executive Orders 12866 and 13563 (76 FR 3821,
January 21, 2011). This proposed action is also not subject to
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001). This action merely proposes to approve the
state's negative declaration as meeting Federal requirements and
imposes no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rulemaking will not
have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Because this proposed action does not impose an enforceable duty upon
State, local, or tribal governments, and does not reduce or eliminate
the amount of authorization of Federal appropriations, and because it
contains no regulatory requirements applicable to small governments,
this proposed action 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).
This proposed action is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action also does not have Federalism implications because it
does not have substantial direct effects on the States, on the
relationship between the national government and the States, or
[[Page 1041]]
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132 (64 FR
43255, August 10, 1999). Thus, Executive Order 13132 does not apply to
this action. This action merely proposes to approve a state negative
declaration submitted in response to a Federal standard, and does not
alter the relationship or the distribution of power and
responsibilities established in the CAA. This rulemaking also is not
subject to Executive Order 13045, ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997) because it proposes to approve a state submission in response to
a Federal standard.
This proposed action does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). Burden is defined at 5 CFR 1320.3(b).
List of Subjects in 40 CFR Part 62
Environmental protection, Air pollution control, Administrative
practice and procedure, Intergovernmental relations, Reporting and
recordkeeping requirements, phosphate fertilizer plants.
Dated: December 26, 2018.
Edward H. Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA proposes to amend 40
CFR part 62 as set forth below:
PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS
0
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart AA--Missouri
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2. Amend Sec. 62.6350 by adding paragraph (b)(7) and revising
paragraph (c) to read as follows:
Sec. 62.6350 Identification of plan.
* * * * *
(b) * * *
(7) A revision to Missouri's 111(d) plan for control of fluoride
emissions from existing phosphate fertilizer plants was state effective
on September 30, 2018 and was submitted to the EPA on December 3, 2018.
Submission included a negative declaration, dated December 3, 2018,
supporting state documentation, and request for the EPA to withdraw the
EPA's prior plan approval for existing Diammonium Phosphate Fertilizer
Units.
(c) Designated facilities. The plan applies to existing facilities
in the following categories of sources:
(1) Primary aluminum reduction plants.
(2) Sulfuric acid production plants.
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3. Section 62.6351 is revised to read as follows:
Sec. 62.6351 Identification of plan--negative declaration.
Letter from the Missouri Department of of Natural Resources,
submitted December 3, 2018, certifying that there are no Diammonium
Phosphate Ferilizer Units subject to 40 CFR part 60, subpart V.
Effective date: The effective date of the negative declaration and EPA
withdrawal of the prior plan approval is [DATE 60 DAYS AFTER DATE OF
PUBLICATION OF THE FINAL RULE IN THE Federal Register].
[FR Doc. 2019-00782 Filed 1-31-19; 8:45 am]
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