Air Plan Approval; Missouri; Removal of Control of Emissions From Polyethylene Bag Sealing Operations

Published date29 July 2020
Citation85 FR 45568
Record Number2020-15500
SectionProposed rules
CourtEnvironmental Protection Agency
Federal Register, Volume 85 Issue 146 (Wednesday, July 29, 2020)
[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 33, 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
                0
                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]
                BILLING CODE 6560-50-P
                

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