[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

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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

0
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.
0
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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