[Federal Register Volume 85, Number 138 (Friday, July 17, 2020)]
[Proposed Rules]
[Pages 43526-43528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14524]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2020-0331; FRL-10011-37-Region 7]
Air Plan Approval; Missouri; Removal of Control of Emissions From
Manufacture of Polystyrene Resin
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 the manufacture of polystyrene resin 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).
DATES: Comments must be received on or before August 17, 2020.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2020-0331 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-
0331 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) 10-5.410, Control of Emissions from Manufacture of
Polystyrene Resin, 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 the only source subject to the rule
ceased manufacturing polystyrene resin in 2009,\1\ and 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.
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\1\ The Part 70 Permit to Operate issued by Missouri to The Dow
Chemical Company, Riverside Plant on September 22, 2010 describes
the specific emissions units that ceased operation and the date the
cessation occurred.
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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
[[Page 43527]]
(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 volatile organic compound (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 10-5.410 Control of
Emissions from Manufacture of Polystyrene Resin.
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 10-5.410, Control of Emissions from
Manufacture of Polystyrene Resin, was approved into the Missouri SIP as
a RACT rule on March 5, 1990. 55 FR 7712 (March 5, 1990). At the time
that the rule was approved into the SIP, 10 CSR 10-5.410 applied to all
installations throughout St. Louis City and Jefferson, St. Charles,
Franklin and St. Louis Counties that manufactured polystyrene resin.
By letter dated January 15, 2019, Missouri requested that the EPA
remove 10 CSR 10-5.410 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 10-5.410, 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 10-5.410
specifies that the rule applies to all installations located throughout
St. Louis City and Jefferson, St. Charles, Franklin and St. Louis
Counties, the only facility that met the applicability criteria of the
rule was The Dow Chemical Company, Riverside Plant (hereinafter
referred to as ``Dow Chemical'').
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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 Dow Chemical
no longer manufactures polystyrene resin and instead purchases all the
polystyrene resin used at the facility.\3\ Dow Chemical discontinued
the manufacture of polystyrene resin in 2009. The EPA confirmed that
the facility is no longer manufacturing polystyrene resin \4\ and is
therefore no longer subject to 10 CSR 10-5.410.
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\3\ This change in the operation of the facility is supported by
the Title V Permit issued on September 22, 2010 to Dow Chemical. The
September 22, 2010 Title V Permit includes a statement that the
polystyrene resin manufacturing emissions units were removed from
operations and the Title V Permit.
\4\ EPA reviewed the September 22, 2010 and the April 13, 2017
Title V Permits issued to Dow Chemical and the March 5, 2019 MDNR
inspection report of Dow Chemical, currently operating as DDP
Specialty Electronic Materials US Inc. and confirmed that these
emissions units were no longer used.
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As stated above, Missouri contends that 10 CSR 10-5.410 may be
removed from the SIP because section 172(c)(1) of the CAA requires RACT
for existing sources, and because 10 CSR 10-5.410 was applicable to a
single source that has ceased the operations that caused the facility
to meet the applicability criteria of the rule and, therefore, the rule
no longer reduces VOC emissions. Because Dow Chemical was the only
source subject to the rule, and because the facility ceased the
manufacture of polystyrene resin in 2009, 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.
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 (potential to emit) PTE of
250 tons per year (tpy) \5\ 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,\6\ are required to obtain
a minor permit in accordance with Missouri's New Source Review
permitting program, which is approved into the SIP.\7\ 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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\5\ 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)).
\6\ Except for those sources with a PSD major source threshold
of 100 tpy.
\7\ 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 10-5.410 will not
interfere with attainment of the NAAQS, RFP \8\ or any other applicable
requirement of the CAA because the single source subject to the rule
has ceased the manufacture of polystyrene resin and the removal of the
rule will not cause VOC emissions to increase. Therefore, the EPA
proposes to approve the removal of 10 CSR 10-5.410 from the SIP.
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\8\ 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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[[Page 43528]]
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 twelve 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 10-5.410 from the SIP because the rule applied to a single facility
that ceased the manufacture of polystyrene resin, which caused the
facility to initially be subject to the rule, in 2009 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. Further, any
new sources or major modifications of existing sources in the St. Louis
Area are subject to NSR permitting.\9\ 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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\9\ ``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 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: June 30, 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 ``10-5.410'' under the heading ``Chapter 5-Air Quality
Standards and Air Pollution Control Regulations for the St. Louis
Metropolitan Area''.
[FR Doc. 2020-14524 Filed 7-16-20; 8:45 am]
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