[Federal Register Volume 86, Number 97 (Friday, May 21, 2021)]
[Proposed Rules]
[Pages 27543-27546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10783]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2021-0334; FRL-10023-73-Region 7]
Air Plan Approval; Missouri; Restriction of Emissions From
Lithographic and Letterpress Printing Operations
AGENCY: Environmental Protection Agency (EPA).
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 November 10, 2020. The submission revises a Missouri
regulation that restricts volatile organic compound emissions from
lithographic and letterpress printing operations in the St. Louis
Metropolitan Area. Specifically, the state has revised this rule in
order to clarify rule applicability, update incorporation by reference
information, update test method reference, clarify definitions, and
remove the unnecessary use of restrictive words to improve clarity.
Approval of these revisions will ensure consistency between state and
federally-approved rules.
DATES: Comments must be received on or before June 21, 2021.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2021-0334 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
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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
Protection Agency, Region 7 Office, Air Permitting Standards Branch,
11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number (913)
551-7041; 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-
0334, 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 November 10, 2020. The revisions are to Title 10, Division
10 of the Code of State Regulations, 10 CSR 10-5.442 ``Control of
Emissions From Lithographic and Letterpress Printing Operations'',
which establishes emission limits for volatile organic compounds (VOCs)
from lithographic and letterpress printing operations in St. Louis City
and Jefferson, Franklin St. Louis, and St. Charles Counties
(hereinafter referred to in this document as the ``St. Louis Area'').
10 CSR 10-5.442 is SIP approved in the Code of Federal Regulations at
40 CFR 52.1320(c).
These revisions, as discussed in section IV of this document, are
largely administrative in nature and do not have a negative impact on
air quality. The EPA's full analysis of the revisions is described in
the technical support document (TSD) included in the docket for this
action.
Missouri received five comments (four from the EPA) during the
comment period. Missouri responded to all five comments, as noted in
the State submission included in the docket for this action.
The EPA is proposing to approve the revisions to this rule because
it meets the requirements of the Clean Air Act and will not have a
negative impact on air quality.
III. Background
The EPA approved 10 CSR 10-5.442 ``Control of Emissions From
Lithographic and Letterpress Printing Operations'', into the Missouri
SIP as a reasonably available control technology (RACT) rule for the
St. Louis area on January 23, 2012 (January 23, 2012, 77 FR 3144). 10
CSR 10-5.442 is SIP approved in the Code of Federal Regulations at 40
CFR 52.1320(c). Amendments to this state rule that became effective
August 30, 2011, addressed an updated Control Techniques Guideline
issued by the EPA in September 2006 for Offset Lithographic Printing
and Letterpress Printing. These amendments provided more stringent RACT
control levels and represent RACT under the 8-hour ozone National
Ambient Air Quality Standards (NAAQS) in effect at the time of approval
into the SIP by the EPA in January 2012.
IV. What is the EPA's analysis of Missouri's SIP revision request?
In 2019, Missouri revised 10 CSR 10-5.442 to include a date in the
applicability section. As a result of the EPA's comment on the state's
proposed rule revisions, Missouri revised the applicability date of
this rule to apply to sources existing at the time when the most recent
amendments to the rule, as approved into the SIP, became effective.
Specifically, Missouri revised subsection (1)(A) to specify the
applicability date of the rule for installations existing on August 30,
2011, in accordance with section 172(c)(1) of the CAA.\1\
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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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Additionally, the revisions to the rule text submitted by Missouri
on November 10, 2020, do not alter the control requirements for
installations already subject to the rule. Furthermore, 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 tons per year
(tpy) \2\ or more of any National Ambient Air Quality Standard (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,\3\ are required to obtain a minor permit in
accordance with Missouri's NSR permitting program, which is approved
into the SIP.\4\ 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. Other revisions to
the rule are administrative in nature. See the TSD included in the
docket for this action for the EPA's full analysis of the rule
revisions submitted by Missouri on November 10, 2020.
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\2\ 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 CSR 10-
6.060(8)(A)).
\3\ Except for those sources with a PSD major source threshold
of 100 tpy.
\4\ 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
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51.102. The submission also satisfied the completeness criteria of 40
CFR part 51, appendix V. The state provided public notice of the
revisions from May 01, 2019, to August 01, 2019, and held a public
hearing on July 25, 2019. The state received and addressed five
comments (four being from the EPA). As explained in more detail in the
TSD which is part of this docket, 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 10-5.442, ``Control of Emissions From
Lithographic and Letterpress Printing Operations.'' Approval of these
revisions will ensure consistency between state and federally-approved
rules. The EPA has determined that these changes meet the requirements
of the Clean Air Act and will not have a negative impact to 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 rule, the EPA is proposing to include in a final EPA
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference the Missouri State Implementation Plan
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, if 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);
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 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
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: May 17, 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
entry ``10-5.442'' 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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10-5.442............................. Control of Emissions from 01/30/2020 [Date of publication of the
Lithographic and Letterpress final rule in the Federal
Printing Operations. Register], [Federal Register
citation of the final rule].
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[FR Doc. 2021-10783 Filed 5-20-21; 8:45 am]
BILLING CODE 6560-50-P