[Federal Register Volume 84, Number 76 (Friday, April 19, 2019)]
[Rules and Regulations]
[Pages 16406-16407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07797]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R07-OAR-2018-0837; FRL-9992-09-Region 7]


Approval of State Plans for Designated Facilities and Pollutants; 
Missouri; Diammonium Phosphate Fertilizer Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to rescind the current state plan and associated regulation and 
to accept the negative declaration submitted by the State of Missouri 
for Diammonium Phosphate Fertilizer units. The 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: This final rule is effective on May 20, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2018-0837. All documents in the docket are 
listed on the https://www.regulations.gov website. 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, is not placed on the 
internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available through https://www.regulations.gov or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional information.

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 the EPA.

Table of Contents

I. Background
II. What action is the EPA taking?
III. Statutory and Executive Order Reviews

I. 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 section 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, the 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 the 
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.
    On February 4, 2019, the EPA published in the Federal Register (84 
FR 1039) a rule proposing to accept

[[Page 16407]]

MoDNR's certification that there are no diammonium phosphate fertilizer 
production units operating in the State of Missouri subject to 40 CFR 
part 60, subpart V. In response to the proposal, the EPA received no 
adverse comments.

II. What action is the EPA taking?

    The EPA is taking final action to amend 40 CFR part 62 by accepting 
withdrawal of Missouri's 111(d) plan for control of fluoride emissions 
from existing phosphate fertilizer plants and accepting MoDNR's 
negative declaration certifying that there are no phosphate fertilizer 
production facilities operating in Missouri subject to 40 CFR part 60, 
subpart V. This action applies to the state's regulatory requirements 
for existing facilities and not new sources. Simultaneously, we are 
amending 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).

III. Statutory and Executive Order Reviews

    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 final 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 approves 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 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 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 action is not approved to apply on any Indian reservation land 
or in any other area where the 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 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 approves 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 approves a state 
submission in response to a Federal standard.
    This 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).
    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. The 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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by June 18, 2019. 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 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Phosphate fertilizer plants.

    Dated: April 12, 2019.
James Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA is amending 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 withdrawal of Missouri's 111(d) plan, including state rule 10 
CSR 10.3.160, for control of fluoride emissions from existing phosphate 
fertilizer plants was state effective on September 30, 2018 and was 
submitted on December 3, 2018.
    (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 Natural Resources, submitted 
December 3, 2018, certifying that there are no Diammonium Phosphate 
Fertilizer Units subject to 40 CFR part 60, subpart V of this chapter. 
Effective date: The effective date of the negative declaration and EPA 
withdrawal of the prior plan approval is May 20, 2019.

[FR Doc. 2019-07797 Filed 4-18-19; 8:45 am]
 BILLING CODE 6560-50-P