[Federal Register Volume 85, Number 146 (Wednesday, July 29, 2020)]
[Proposed Rules]
[Pages 45568-45571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15500]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2020-0356; FRL-10012-14-Region 7]
Air Plan Approval; Missouri; Removal of Control of Emissions From
Polyethylene Bag Sealing Operations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval of a State Implementation Plan (SIP) revision submitted by the
State of Missouri on January 15, 2019, and supplemented by letter on
July 11, 2019. Missouri requests that the EPA remove a rule related to
the control of emissions from polyethylene bag sealing operations in
the St. Louis, Missouri area from its SIP. This removal does not have
an adverse effect on air quality. The EPA's proposed approval of this
rule revision is in accordance with the requirements of the Clean Air
Act (CAA).
[[Page 45569]]
DATES: Comments must be received on or before August 28, 2020.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2020-0356 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: David Peter, Environmental Protection
Agency, Region 7 Office, Air Permitting and Standards Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7397; email address: [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.
Table of Contents
I. Written Comments
II. What is being addressed in this document?
III. Background
IV. What is the EPA's analysis of Missouri's SIP revision request?
V. Have the requirements for approval of a SIP revision been met?
VI. What action is the EPA taking?
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2020-
0356 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. What is being addressed in this document?
The EPA is proposing to approve the removal of 10 Code of State
Regulations (CSR) 10-5.360, Control of Emissions from Polyethylene Bag
Sealing Operations, from the Missouri SIP.
According to the July 11, 2019 letter from the Missouri Department
of Natural Resources, available in the docket for this proposed action,
Missouri rescinded the rule because, of the only two facilities that
were initially subject to the rule, neither facility is currently
subject to the rule. One facility shutdown and the other facility no
longer meets the applicability of the rule, specifically the facility
no longer has a potential-to-emit (PTE) of volatile organic compounds
(VOC) greater than 100 tons per year (tpy). Therefore, the rule is no
longer necessary for attainment and maintenance of the 1979, 1997,
2008, or 2015 National Ambient Air Quality Standards (NAAQS) for Ozone.
III. Background
The EPA established a 1-hour ozone NAAQS in 1971. 36 FR 8186 (April
30, 1971). On March 3, 1978, the entire St. Louis Air Quality Control
Region (AQCR) (070) was identified as being in nonattainment of the
1971 1-hour ozone NAAQS, as required by the CAA Amendments of 1977. 43
FR 8962 (March 3, 1978). On the Missouri side, the St. Louis
nonattainment area included the city of St. Louis and Jefferson, St.
Charles, Franklin and St. Louis Counties (hereinafter referred to in
this document as the ``St. Louis Area''). On February 8, 1979, the EPA
revised the 1-hour ozone NAAQS, referred to as the 1979 ozone NAAQS. 44
FR 8202 (February 8, 1979). On May 26, 1988, the EPA notified Missouri
that the SIP was substantially inadequate (hereinafter referred to as
the ``SIP Call'') to attain the 1-hour ozone NAAQS in the St. Louis
Area. See 54 FR 43183 (October 23, 1989). To address the inadequacies
identified in the SIP Call, Missouri submitted VOC control regulations
on June 14, 1985; November 19, 1986; and March 30, 1989. The EPA
subsequently approved the revised control regulations for the St. Louis
Area on March 5, 1990. The VOC control regulations approved by EPA into
the SIP included reasonably available control technology (RACT) rules
as required by CAA section 172(b)(2), including 10 CSR 10-5.360 Control
of Emissions from Polyethylene Bag Sealing Operations.
The EPA redesignated the St. Louis Area to attainment of the 1979
1-hour ozone standard on May 12, 2003. 68 FR 25418. Pursuant to section
175A of the CAA, the first 10-year maintenance period for the 1-hour
ozone standard began on May 12, 2003, the effective date of the
redesignation approval. On April 30, 2004, the EPA published a final
rule in the Federal Register stating the 1-hour ozone NAAQS would no
longer apply (i.e., would be revoked) for an area one year after the
effective date of the area's designation for the 8-hour ozone NAAQS. 69
FR 23951 (April 30, 2004). The effective date of the revocation of the
1979 1-hour ozone standard for the St. Louis Area was June 15, 2005.
See 70 FR 44470 (August 3, 2005).
As noted above, 10 CSR 10-5.360, Control of Emissions from
Polyethylene Bag Sealing Operations, was approved into the Missouri SIP
as a RACT rule on March 5, 1990.\1\ 55 FR 7712 (March 5, 1990). At the
time the rule was approved into the SIP, 10 CSR 10-5.360 applied to all
installations throughout St. Louis City and Jefferson, St. Charles,
Franklin and St. Louis Counties that utilized polyethylene bag sealing
operations.
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\1\ 10 CSR 10-5.360 was initially approved into Missouri's SIP
on October 15, 1984 (49 FR 40164) but was ultimately revised as part
of the updated control strategy and this revision was approved on
March 5, 1990.
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By letter dated January 15, 2019, Missouri requested that the EPA
remove 10 CSR 10-5.360 from the SIP. Section 110(l) of the CAA
prohibits EPA from approving a SIP revision that interferes with any
applicable requirement concerning attainment and reasonable further
progress (RFP), or any other applicable requirement of the CAA. The
State supplemented its SIP revision with a July 11, 2019 letter in
order to address the requirements of section 110(l) of the CAA.
IV. What is the EPA's analysis of Missouri's SIP revision request?
In its July 11, 2019 letter, Missouri states that it intended its
RACT rules, such as 10 CSR 10-5.360, to solely apply to existing
sources in accordance with section 172(c)(1) of the CAA.\2\ Missouri
states that although the applicability section of 10 CSR 10-5.360
specifies that the rule applies to all installations located throughout
St.
[[Page 45570]]
Louis City and Jefferson, St. Charles, Franklin and St. Louis Counties,
the only two facilities that met the applicability criteria of the rule
were Bemis Bag Company and Crown Zellerbach (Gaylord Container) which
is currently being operated as International Paper St. Louis
(hereinafter referred to as ``Bemis'' and ``International Paper'',
respectively).
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\2\ The EPA agrees with Missouri's interpretation of CAA section
172(c)(1) in regard to whether RACT is required for existing
sources, but also notes that the State regulation establishing RACT
may apply to new sources as well, dependent upon the State
regulation's language.
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Missouri, in its July 11, 2019 letter, indicated that Bemis is no
longer in operation. The EPA confirmed that Bemis is no longer in
operation \3\ and is therefore no longer subject to 10 CSR 10-5.360.
Missouri further indicated in the July 11, 2019 letter that
International Paper was not operating under a Part 70/Title V Operating
Permit.\4\ Facilities with a PTE greater than or equal to 100 tpy are
required to obtain a Part 70/Title V Operating Permit.\5\ To be subject
to 10 CSR 10-5.360, the facility must also have a PTE greater than or
equal 100 tpy. Since the PTE from International Paper does not exceed
100 tpy, the facility is no longer subject to 10 CSR 10-5.360.\6\
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\3\ The EPA reviewed MDNR's website that lists active, issued
permits to facilities in Missouri and did not observe a permit for
Bemis. Further, the EPA reviewed EPA's ICIS-Air database which
indicated that the facility was no longer in operation.
\4\ Missouri confirmed the operating permit status in an email
from Shelly Reimer of MDNR to David Peter of EPA Region 7 dated June
12, 2020, which is included in the rulemaking docket. Missouri
further indicated in this email that the highest annual emissions
from the facility from 2003 to 2019 was approximately 3 tons. The
EPA reviewed MDNR's website that lists active, issued permits and
did not observe a permit for the International Paper.
\5\ 10 CSR 10-6.065(2)(R).
\6\ In Missouri's June 12, 2020 email, Missouri further
indicated that the construction permits issued to the facility
showed no indication of polyethylene bag sealing operations.
International Paper would be required to obtain the appropriate
construction permits before starting up any new polyethylene bag
sealing operations.
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As stated above, Missouri contends that 10 CSR 10-5.360 may be
removed from the SIP because section 172(c)(1) of the CAA requires RACT
for existing sources, and because 10 CSR 10-5.360 was applicable to
only two sources \7\ that are no longer subject to the rule and,
therefore, the rule no longer reduces VOC emissions. Because these two
facilities are no longer subject to the rule, the EPA believes the rule
no longer provides an emission reduction benefit to the St. Louis Area
and is proposing to remove it from the SIP.
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\7\ The EPA indicated in the February 3, 1983 Federal Register
document (48 FR 5022), which proposed to approve 10 CSR 10-5.360
into Missouri's SIP, that two facilities were subject to this rule
but did not specifically name the two facilities.
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Missouri's July 11, 2019 letter states that any new sources or
major modifications of existing sources are subject to new source
review (NSR) permitting. Under NSR, a new major source or major
modification of an existing source with a PTE of 250 tpy \8\ or more of
any NAAQS pollutant is required to obtain a Prevention of Significant
Deterioration (PSD) permit when the area is in attainment or
unclassifiable, which requires an analysis of Best Available Control
Technology (BACT) in addition to an air quality analysis and an
additional impacts analysis. Sources with a PTE greater than 100 tpy,
but less than 250 tpy,\9\ are required to obtain a minor permit in
accordance with Missouri's New Source Review permitting program, which
is approved into the SIP.\10\ Further, a new major source or major
modification of an existing source with a PTE of 100 tpy or more of any
NAAQS pollutant is required to obtain a nonattainment (NA) NSR permit
when the area is in nonattainment, which requires an analysis of Lowest
Achievable Emission Rate (LAER) in addition to an air quality analysis,
an additional impacts analysis and emission offsets. The EPA agrees
with this analysis.
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\8\ The PSD major source threshold for certain sources is 100
tpy rather than 250 tpy (see 40 CFR 52.21(b)(1)(i)(a) and 10 C.S.R.
10-6.060(8)(A)).
\9\ Except for those sources with a PSD major source threshold
of 100 tpy.
\10\ EPA's latest approval of Missouri's NSR permitting program
rule was published in the Federal Register on October 11, 2016. 81
FR 70025.
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Missouri has demonstrated that removal of 10 CSR 10-5.360 will not
interfere with attainment of the NAAQS, RFP \11\ or any other
applicable requirement of the CAA because the two sources ever subject
to the rule are no longer subject and the removal of the rule will not
cause VOC emissions to increase. Therefore, the EPA proposes to approve
the removal of 10 CSR 10-5.360 from the SIP.
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\11\ RFP is not applicable to the St. Louis Area because for
marginal ozone nonattainment areas, such as the St. Louis Area, the
specific requirements of section 182(a) apply in lieu of the
attainment planning requirements that would otherwise apply under
section 172(c), including the attainment demonstration and
reasonably available control measures (RACM) under section
172(c)(1), reasonable further progress (RFP) under section
172(c)(2), and contingency measures under section 172(c)(9).
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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. The
State provided public notice on this SIP revision from May 15, 2018, to
August 2, 2018, and received eleven comments from the EPA that related
to Missouri's lack of an adequate demonstration that the rule could be
removed from the SIP in accordance with section 110(l) of the CAA,
whether the rule applied to new sources and other implications related
to rescinding the rule. Missouri's July 11, 2019 letter and December 3,
2018 response to comments on the state rescission rulemaking addressed
the EPA's comments. In addition, the revision meets the substantive SIP
requirements of the CAA, including section 110 and implementing
regulations.
VI. What action is the EPA taking?
The EPA is proposing to approve Missouri's request to rescind 10
CSR 10-5.360 from the SIP because the rule applied to two facilities
that are no longer subject and because the rule is not applicable to
any other source. Therefore, the rule no longer serves to reduce
emissions in the St. Louis Area. Furthermore, any new sources or major
modifications of existing sources in the St. Louis Area are subject to
NSR permitting.\12\ We are processing this as a proposed action because
we are soliciting comments on this proposed action. Final rulemaking
will occur after consideration of any comments.
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\12\ ``NSR Permitting'' includes PSD permitting in areas
designated attainment and unclassifiable, NA NSR in areas designated
nonattainment and minor source permitting.
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VII. Incorporation by Reference
In this document, the EPA is proposing to amend regulatory text
that includes incorporation by reference. As described in the proposed
amendments to 40 CFR part 52 set forth below, the EPA is proposing to
remove provisions of the EPA-Approved Missouri Regulation from the
Missouri State Implementation Plan, which is incorporated by reference
in accordance with the requirements of 1 CFR part 51.
VIII. 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
[[Page 45571]]
those imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
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 the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; 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).
The SIP 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Reporting and recordkeeping requirements, Volatile organic
compounds.
Dated: July 13, 2020.
James Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA proposes to amend
40 CFR part 52 as set forth below:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart AA--Missouri
Sec. 52.1320 [Amended]
0
2. In Sec. 52.1320, the table in paragraph (c) is amended by removing
the entry ``10-5.360'' under the heading ``Chapter 5-Air Quality
Standards and Air Pollution Control Regulations for the St. Louis
Metropolitan Area''.
[FR Doc. 2020-15500 Filed 7-28-20; 8:45 am]
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