[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Proposed Rules]
[Pages 13264-13266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04031]
[[Page 13264]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2021-0136; FRL-10020-59-Region 7]
Air Plan Approval; Missouri; Control of Volatile Organic Compound
Emissions From Wood Furniture Manufacturing Operations
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Missouri State Implementation Plan (SIP)
received on February 15, 2019. The submission revises Missouri's
regulation that restricts the emissions of volatile organic compounds
from wood furniture manufacturing operations in St. Louis City and
Jefferson, St. Charles, Franklin, and St. Louis Counties. Specifically,
the revisions to the proposed rule specify that this proposed rule only
applies to sources that were existing at the time of the rule's
promulgation, remove the unnecessary use of restrictive words, update
references, and make minor clarifications and grammatical changes.
These revisions do not have an adverse effect on air quality. The EPA's
proposed approval of this proposed rule revision is being done in
accordance with the requirements of the Clean Air Act (CAA). Approval
of these revisions will ensure consistency between state and federally-
approved rules.
DATES: Comments must be received on or before April 7, 2021.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2021-0136, 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: William Stone, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7714; 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-2021-
0136, 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 revisions to the Missouri SIP
received on February 15, 2019. The revisions are to Title 10, Division
10 of the Code of State Regulations, 10 CSR 10-5.530 ``Control of
Volatile Organic Compound Emissions From Wood Furniture Manufacturing
Operations'', which restricts the emissions of volatile organic
compounds (VOC) from wood furniture manufacturing operations in St.
Louis City and Jefferson, St. Charles, Franklin, and St. Louis Counties
(hereinafter referred to in this document as the ``St. Louis Area'').
These revisions are described in detail in the technical support
document (TSD) included in the docket for this action.
Missouri received six comments from the EPA during the comment
period. Missouri responded to all six comments, as noted in the State
submission included in the docket for this action.
Missouri also provided supplemental information which is included
in the docket that addressed the comments. The EPA is proposing to
approve the revisions to this rulemaking because it will not have a
negative impact on air quality.
III. Background
The EPA first approved 10 CSR 10-5.530 ``Control of Volatile
Organic Compound Emissions From Wood Furniture Manufacturing
Operations'', into the Missouri SIP as a reasonably available control
technology (RACT) rule on May 18, 2000 (65 FR 31489, May 18, 2000). At
the time the rule was approved into the SIP, 10 CSR 10-5.530 applied to
all wood furniture manufacturing installations throughout the St. Louis
Area that had the potential to emit equal to or greater than twenty-
five (25) tons per year of VOC.
By letter dated February 15, 2019, Missouri requested that the EPA
approve revisions to 10 CSR 10-5.530 into the SIP. Section 110(l) of
the CAA prohibits the 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 August 1, 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 August 1, 2019 letter, Missouri states that it intended its
RACT rules, such as 10 CSR 10 5.530, to solely apply to existing
sources in accordance with section 172(c)(1) of the CAA.\1\ Missouri
states that although the applicability section of 10 CSR 10 5.530
specifies that the rule applies to all installations located throughout
the St. Louis Area, the only facilities that met the applicability
criteria of the rule were (1) K & R Wood Products Inc in St. Charles
County, (2) Integram--St. Louis Seating in Franklin County, and (3)
Lozier (Formerly Spartan) in Franklin County.
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\1\ 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 August 1, 2019 letter, indicated K & R Wood
Products Inc in St. Charles County, Integram--St. Louis Seating in
Franklin County and Lozier (Formerly Spartan) in Franklin County all
went ``out of business'' in 2009, 2010
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and 2017, respectively. The EPA confirmed all three facilities are no
longer in operation \2\ and are therefore no longer subject to 10 CSR
10-5.530.
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\2\ The EPA reviewed MoDNR's website that lists active, issued
permits to facilities in Missouri and did not observe a permit for
these facilties. Further, the EPA reviewed EPA's ICIS-Air database
which indicated that two of the facilties are ``permanently
closed.'' The website for the third facility, Lozier, indicated no
operations in the St. Louis Area.
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A fourth business, Artistic Wood of St. Louis Cuunty, was
referenced in the St. Louis Ozone Nonattainment Area Rate Of Progress
Plan which is included in the docket for this action. Missouri
Department of Natural Resources (MoDNR) determined that Artistic Wood
was never subject to the rule, because its potential to emit (PTE) was
below the applicability threshold of 25 tons per year (tpy). This
source went out of business in 2006.
A fifth business, Lami Wood Products of St. Charles County, is
still in operation, but is not subject to the rule because the source
has taken a federally enforceable voluntary permit limit. The
intermediate operating permit, number OP2017-070, including this limit,
was issued September 8, 2017 and is included in the docket for this
action.
As stated above, Missouri contends that the applicability section
of 10 CSR 10-5.530 may be revised to apply only to existing sources
because section 172(c)(1) of the CAA requires RACT for existing
sources. Because 10 CSR 10-5.530 was applicable only to sources that
are out of business or have taken limits and are no longer subject to
the rule, the rule no longer reduces VOC emissions. Because these
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 therefore approving the revisions to applicability portion of this
rule will not have a negative impact on air quality.
Missouri's August 1, 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 \3\ or more of
any national ambient air quality standards (NAAQS) pollutant is
required to obtain a Prevention of Significant Deterioration (PSD)
permit when the source is in an area designated as 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 \4\, are required to obtain a minor permit in
accordance with Missouri's NSR permitting program, which is approved
into the SIP.\5\ 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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\3\ 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)).
\4\ Except for those sources with a PSD major source threshold
of 100 tpy.
\5\ The 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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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 June 15, 2018,
to September 6, 2018, and held a public hearing on August 30, 2018. The
state received and addressed six comments from the EPA. As explained in
more detail in the TSD which is included in the docket for this action,
the SIP revision submission meets the substantive requirements of the
CAA, including section 110 and implementing regulations.
VI. What action is the EPA taking?
The EPA is proposing to amend the Missouri SIP by approving the
State's request to revise 10 CSR 10-5.530 ``Control of Volatile Organic
Compound Emissions From Wood Furniture Manufacturing Operations.''
Approval of these revisions will ensure consistency between state and
federally-approved rules. Based on analysis in the TSD included in the
docket for this action, the EPA has determined that these changes will
not adversely impact air quality.
The EPA is processing this as a proposed action because we are
soliciting comments on the action. Final rulemaking will occur after
consideration of any comments.
VII. Incorporation by Reference
In this document, the EPA is proposing to include regulatory text
in a final rule that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the Missouri Regulations described in the proposed amendments
to 40 CFR part 52 set forth below. The EPA has made, and will continue
to make, these materials generally available through
www.regulations.gov and at the EPA Region 7 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
VIII. Statutory and Executive Order Reviews
Under the Clean Air Act (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, the 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 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
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rulemaking does not involve technical standards; and
Does not provide the 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 the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
proposed 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, Volatile organic compounds.
Dated: February 22, 2021.
Edward H. Chu,
Acting 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
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2. In Sec. 52.1320, the table in paragraph (c) is amended by revising
the entry ``10-5.530'' to read as follows:
Sec. 52.1320 Identification of plan.
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(c) * * *
EPA-Approved Missouri Regulations
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State
Missouri citation Title effective date EPA approval date Explanation
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Missouri Department of Natural Resources
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Chapter 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
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10-5.530............... Control of Volatile 2/28/2019 [Date of publication
Organic Compound of the final rule in
Emissions From Wood the Federal
Furniture Register], [Federal
Manufacturing Register citation of
Operations. the final rule].
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[FR Doc. 2021-04031 Filed 3-5-21; 8:45 am]
BILLING CODE 6560-50-P