Approval and Promulgation of Implementation Plans; State of Missouri; Maximum Allowable Emission of Particulate Matter From Fuel Burning Equipment Used for Indirect Heating, 56555-56558 [2012-22471]
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Stanley F. Mires,
Attorney, Legal Policy & Legislative Advice.
[FR Doc. 2012–22510 Filed 9–12–12; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2012–0466; FRL–9726–2]
Approval and Promulgation of
Implementation Plans; State of
Missouri; Maximum Allowable
Emission of Particulate Matter From
Fuel Burning Equipment Used for
Indirect Heating
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve a revision to the
Missouri State Implementation Plan
(SIP) to incorporate a new Missouri
regulation to restrict Particulate Matter
(PM) emissions from fuel burning
equipment used for indirect heating.
The new regulation consolidates four
existing area-specific regulations into
one state-wide rule for clarity. The
requirements prescribed in the new
regulation are as stringent as the
conditions specified in the currently
approved SIP with the four existing
area-specific regulations. EPA has
determined that the SIP revision
submitted by the State of Missouri
satisfies the applicable requirements of
the Clean Air Act (CAA or Act).
DATES: This direct final rule will be
effective November 13, 2012, without
further notice, unless EPA receives
adverse comment by October 15, 2012.
If EPA receives adverse comment, we
will publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2012–0466, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: doolan.stephanie@epa.gov.
3. Mail or Hand Delivery: Stephanie
Doolan, Environmental Protection
Agency, Air Planning and Development
Branch, 901 North 5th Street, Kansas
City, Kansas 66101.
Instructions: Direct your comments to
Docket ID No. EPA–R07–OAR–2012–
0466. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
SUMMARY:
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Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through
www.regulations.gov or email
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket. All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy at the Environmental
Protection Agency, Air Planning and
Development Branch, 901 North 5th
Street, Kansas City, Kansas. EPA
requests that you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The interested persons
wanting to examine these documents
should make an appointment with the
office at least 24 hours in advance.
FOR FURTHER INFORMATION CONTACT:
Stephanie Doolan, Environmental
Protection Agency, Air Planning and
Development Branch, 901 North 5th
Street, Kansas City, Kansas 66101, at
(913) 551–7719, or by email at
doolan.stephanie@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to EPA.
Table of Contents
I. Background for the Action
II. EPA Review of the State Submittal
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A. Summary of the Emission Limits
B. Enforceability
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background for the Proposal
The SIP revision which is the subject
of this action was submitted by Missouri
by letter dated October 11, 2011. The
revision consists primarily of a
consolidation of existing rules relating
to PM emission from indirect heating
sources. EPA most recently revised the
NAAQS for PM on October 17, 2006. (71
FR 61144). The PM standard regulates
two types of particulates: fine
particulates, or PM2.5, which generally
refers to particles less than or equal to
2.5 micrometers (mm) in diameter; and
coarse particulates, or PM10, referring
generally to particles less than or equal
to 10 mm in diameter. Because the
preexisting state rules were designed to
address a prior NAAQS for total
suspended particulates, the
consolidated Missouri rule regulates
total PM emissions, without reference to
particle size.
Today’s action does not change
existing emissions limitations, but
rather consolidates four previously
existing Missouri area-specific rules into
one state-wide standard for clarity. The
consolidated rule provides an
exemption for units that burn specific
types of ‘‘clean burning’’ fuels and an
alternative method of demonstrating
compliance by averaging emissions for
facilities with multiple units subject to
this rule, as described in more detail
below. These four rules were previously
approved into the Missouri SIP. See 40
CFR 52.1320(c).
The four rules which are being
consolidated into the new Missouri rule
include:
—10 CSR 10–2.040, Maximum
Allowable Emission of Particulate
Matter from Fuel Burning Equipment
Used for Indirect Heating, for the
Kansas City Metropolitan Area;
—10 CSR 10–3.060, Maximum
Allowable Emission of Particulate
Matter from Fuel Burning Equipment
Used for Indirect Heating, applicable
to the ‘‘out state area’’ defined as areas
in Missouri other than the City of St.
Louis, and St. Charles, St. Louis,
Jefferson, Franklin, Clay, Cass,
Buchanan, Ray, Jackson, Platte and
Greene Counties;
—10 CSR 10–4–040, Maximum
Allowable Emission of Particulate
Matter from Fuel Burning Equipment
Used for Indirect Heating, for
Springfield-Greene County area; and
—10 CSR 10–5.030, Maximum
Allowable Emission of Particulate
Matter from Fuel Burning Equipment
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Used for Indirect Heating, for the St.
Louis Metropolitan Area.
These standards have been consolidated
into one state-wide rule, 10 CSR 10–
6.405, Restriction of Particulate Matter
Emissions from Fuel Burning
Equipment Used for Indirect Heating.
Missouri’s new rule restricts the
emission of PM from fuel burning
equipment used for indirect heating. As
discussed above, the rule applies statewide, with additional conditions
applicable to the Springfield, Kansas
City and St. Louis Metropolitan Areas.
The rule applies to facilities that burn
fuel for the primary purpose of
producing steam, hot water, or hot air or
other indirect heating of liquids, gases
or solids and, in the course of doing so,
the products of combustion do not come
into contact with process materials. The
types of facilities affected by this rule
include but are not limited to utility and
industrial boilers, process heaters and
smelters of all sizes. The types of fuel
may include but are not limited to coal,
tire-derived fuel, coke, lignite, coke
breeze, gas, fuel oil, biomass and wood,
but do not include refuse.
An installation is excluded from this
rule if all of the installation’s applicable
units are fueled only by landfill gas,
propane, natural gas, fuel oils #2
through #6 (provided that the fuels are
low in sulfur), or other gases with low
hydrogen sulfide and/or mercury
content, as discussed in greater detail
below.
EPA’s analysis of the State’s SIP
submittal is presented below. As a result
of EPA’s analysis, we are approving this
request and are amending Missouri’s
SIP to remove the four pre-existing rules
and replace them with the new rule, 10
CSR 10–6.405. This revision creates the
new consolidated rule and rescinds the
former area-specific rules.
This rulemaking does not change the
substantive PM emissions requirements.
It merely clarifies the Missouri
regulation, adds exemptions for
individual emission units using cleanburning fuels and for entire facilities
using only these specific clean fuels,
and is expected to improve compliance.
II. EPA Review of the State Submittal
A. Summary of Revised Emission Limits
The Missouri rule establishes
emission rate limits for installations in
which fuel is burned for the primary
purpose of producing steam, hot water,
or hot air or other indirect heating of
liquids, gases, or solids and in the
course of doing so, the products of
combustion do not come into direct
contact with process materials. As
discussed above, fuels may include but
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are not limited to coal, tire-derived fuel,
coke, lignite, coke breeze, gas, fuel oil,
biomass and wood, but do not include
refuse.
An installation is excluded from this
rule if all of the installation’s applicable
units are fueled only by landfill gas,
propane, natural gas, fuel oils #2
through #6 (with less than 1.2 percent
sulfur), or other gases (with hydrogen
sulfide levels less than or equal to four
parts-per-million by volume as
measured by American Standard for
Testing of Materials (ASTM) ASTM
D4084, or equivalent method, and
mercury concentrations less than 40
micrograms per cubic meter as
measured using ASTM D5954, or ASTM
D6350, or equivalent), or any
combination of these fuels.
In a correspondence dated January 31,
2012, the Missouri Department of
Natural Resources (MDNR) provided
supplemental information to EPA
supporting the rule. In its analysis of the
emissions impact of the clean fuels
exclusion, MDNR relied on a technical
analysis of emissions from units burning
such fuels, performed for EPA in
conjunction with the boiler MACT
rulemaking (76 FR 80532). MDNR
compared projected emissions from
such units to the emission limitations
under the state rule, and concluded that
emissions would be lower with the use
of clean fuels than emissions allowed
under the state’s indirect heating rule.
MDNR concluded, based on this
analysis, that emissions would not
increase as a result of the exclusion.
EPA has reviewed MDNR’s analysis and
agrees with this conclusion.
The Missouri rule sets emission limits
for Existing Indirect Heating Sources
based on the area of the State (Kansas
City and St. Louis Metropolitan areas, or
Springfield—Greene County and
Outstate Missouri areas) and the
aggregate heat content of all fuels whose
combustion products pass through a
stack(s). These limits are the same as
those already approved in the State SIP
through the adoption of the pre-existing
rules.
Similarly, the Missouri rule sets
emission limits for New Indirect
Heating Sources. Again, these limits are
the same as those already approved in
the State SIP through the adoption of
the pre-existing regulations.
The Missouri rule also presents the
option of demonstrating compliance if
the weighted average emission rate
(WAER) of two or more indirect heating
sources is less than or equal to the
maximum allowable particulate
emission rate limits for PM emissions
required by the regulation. EPA has
reviewed this approach and determined
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that it is a valid method for
demonstrating compliance with the
standard because it achieves the same
overall level of emissions for the
installation.
The January 31, 2012,
correspondence, referenced above, also
included a technical analysis
demonstrating that the averaging
approach versus unit-specific PM limits
for determining compliance with the
rule had no effect on the emission
limits. EPA agrees with this analysis.
In summary, EPA has reviewed this
consolidated regulation and determined
that it achieves the same level of PM
control as the pre-existing four
regulations, and therefore is equally
protective of human health and the
environment.
B. Enforceability
The Missouri rule is state enforceable
and has already been made effective by
the state as of October 30, 2011. The
Missouri rule specifies reporting and
record keeping requirements for
installations subject to the rule. The
owner or operator of an installation
subject to the rule shall maintain
records annual emissions and testing
records demonstrating compliance with
the rule for a period of five years. These
records must be available to MDNR
upon request.
III. Final Action
EPA is approving Missouri’s request
to include the new State rule regulation
into the Missouri SIP. This approval is
based on EPA’s finding that the rule is
as stringent as the four rules it replaces
and fulfills the requirements of the
CAA. EPA notes that although this SIP
revision does not reduce state-wide PM
from current levels, it consolidates and
clarifies four existing rules to result in
greater compliance toward attaining the
2006 p.m. NAAQS.
IV. Statutory and Executive Order
Reviews
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Under the CAA, the Administrator is
required to approve a SIP submission
that the Administrator determines to be
in compliance 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
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the CAA. Accordingly, this action 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 Order 12866 (58 FR 51735,
October 4, 1993);
• 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
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; 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).
In addition, this action does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
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56557
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined in 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by March 16, 2009. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: August 29, 2012.
Mark J. Hague,
Acting Regional Administrator, Region 7.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart AA—Missouri
2. Section 52.1320(c) is amended by
revising the entries for 10–2.040, 10–
3.060, 10–4.040, and 10–5.030 and
adding an entry for 10–6.405 to the table
in numerical order to read as follows:
■
§ 52.1320
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Identification of Plan.
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(c) * * *
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EPA-APPROVED MISSOURI REGULATIONS
State
effective
date
Missouri citation
Title
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10–2.040 ........................
*
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Maximum Allowable Emission of Particulate Matter from Fuel Burning Equipment Used for Indirect Heating.
9/4/84
*
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1/24/85, 50 FR 3337 .....
Rescinded.
*
10–3.060 ........................
*
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Maximum Allowable Emission of Particulate Matter from Fuel Burning Equipment Used for Indirect Heating.
11/30/02
*
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3/18/03, 68 FR 12831 ...
Rescinded.
*
10–4.040 ........................
*
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Maximum Allowable Emission of Particulate Matter from Fuel Burning Equipment Used for Indirect Heating.
11/30/02
*
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3/18/03, 68 FR 12831 ...
Rescinded.
*
10–5.030 ........................
*
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Maximum Allowable Emission of Particulate Matter from Fuel Burning Equipment Used for Indirect Heating.
9/4/84
*
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1/24/85, 50 FR 3337 .....
Rescinded.
*
10–6.405 ........................
*
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Restriction of Particulate Matter Emissions From
Fuel Burning Equipment Used for Indirect
Heating.
10/30/11
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9/13/12 [insert Federal
Register page number where the document begins].
*
Replaces 10–2.040, 10–
3.060, 10–4.040, and
10–5.030
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EPA approval date
*
40 CFR Part 261
exclusion for 3,150 cubic yards per year
of the F006 wastewater treatment
sludge.
Accordingly, this final rule excludes
the petitioned waste from the
requirements of hazardous waste
regulations under the Resource
Conservation and Recovery Act (RCRA).
[EPA–R01–RCRA–2012–0447; FRL–9727–2]
DATES:
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[FR Doc. 2012–22471 Filed 9–12–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste; Final Rule
Environmental Protection
Agency (EPA).
ACTION: Final rule.
The Environmental Protection
Agency (EPA) is granting the petition
submitted by International Business
Machines Corporation (IBM) to exclude
or ‘‘delist’’ a certain wastewater
treatment sludge generated by its facility
in Essex Junction, Vermont from the
lists of hazardous wastes. This final rule
responds to a petition submitted by IBM
to delist F006 waste. The F006 waste is
sludge generated from IBM’s Industrial
Waste Treatment Plant (IWTP).
After careful analysis and use of the
Delisting Risk Assessment Software
(DRAS), EPA has concluded the
petitioned waste is not hazardous waste.
The F006 exclusion is a conditional
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EPA has established a
docket for this action under Docket ID
No. EPA–R01–RCRA–2012–0447. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g. CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the EPA Region 1 Library, 5 Post Office
Square, 1st floor, Boston, MA 02109–
3912; by appointment only; tel: (617)
918–1990. The public may copy
material from any regulatory docket at
no cost for the first 100 pages and at a
cost of $0.15 per page for additional
copies.
ADDRESSES:
AGENCY:
SUMMARY:
Effective Date: This final rule is
effective on September 13, 2012.
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Explanation
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FOR FURTHER INFORMATION CONTACT:
Sharon Leitch, RCRA Waste
Management and UST Section, Office of
Site Remediation and Restoration, (Mail
Code: OSRR07–01), EPA Region 1, 5
Post Office Square, Suite 100, Boston,
MA 02109–3912; telephone number:
(617) 918–1647; fax number (617) 918–
0647; email address:
leitch.sharon@epa.gov.
SUPPLEMENTARY INFORMATION: The
information in this section is organized
as follows:
I. Overview Information
A. What action is EPA finalizing?
B. Why is EPA approving this action?
C. What are the limits of this exclusion?
D. How will IBM manage the waste, when
delisted?
E. When is the final delisting exclusion
effective?
F. How does this final rule affect states?
II. Background
A. What is a delisting petition?
B. What regulations allow facilities to
delist a waste?
C. What information must the generator
supply?
III. EPA’s Evaluation of the Waste
Information and Data
A. What waste did IBM petition EPA to
delist?
B. How much waste did IBM propose to
delist?
C. How did IBM sample and analyze the
waste data in this petition?
IV. Public Comments Received on the
Proposed Exclusions
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[Federal Register Volume 77, Number 178 (Thursday, September 13, 2012)]
[Rules and Regulations]
[Pages 56555-56558]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22471]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2012-0466; FRL-9726-2]
Approval and Promulgation of Implementation Plans; State of
Missouri; Maximum Allowable Emission of Particulate Matter From Fuel
Burning Equipment Used for Indirect Heating
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve a revision to the
Missouri State Implementation Plan (SIP) to incorporate a new Missouri
regulation to restrict Particulate Matter (PM) emissions from fuel
burning equipment used for indirect heating. The new regulation
consolidates four existing area-specific regulations into one state-
wide rule for clarity. The requirements prescribed in the new
regulation are as stringent as the conditions specified in the
currently approved SIP with the four existing area-specific
regulations. EPA has determined that the SIP revision submitted by the
State of Missouri satisfies the applicable requirements of the Clean
Air Act (CAA or Act).
DATES: This direct final rule will be effective November 13, 2012,
without further notice, unless EPA receives adverse comment by October
15, 2012. If EPA receives adverse comment, we will publish a timely
withdrawal of the direct final rule in the Federal Register informing
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2012-0466, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: doolan.stephanie@epa.gov.
3. Mail or Hand Delivery: Stephanie Doolan, Environmental
Protection Agency, Air Planning and Development Branch, 901 North 5th
Street, Kansas City, Kansas 66101.
Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2012-0466. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
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Table of Contents
I. Background for the Action
II. EPA Review of the State Submittal
[[Page 56556]]
A. Summary of the Emission Limits
B. Enforceability
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background for the Proposal
The SIP revision which is the subject of this action was submitted
by Missouri by letter dated October 11, 2011. The revision consists
primarily of a consolidation of existing rules relating to PM emission
from indirect heating sources. EPA most recently revised the NAAQS for
PM on October 17, 2006. (71 FR 61144). The PM standard regulates two
types of particulates: fine particulates, or PM2.5, which
generally refers to particles less than or equal to 2.5 micrometers
([micro]m) in diameter; and coarse particulates, or PM10,
referring generally to particles less than or equal to 10 [micro]m in
diameter. Because the preexisting state rules were designed to address
a prior NAAQS for total suspended particulates, the consolidated
Missouri rule regulates total PM emissions, without reference to
particle size.
Today's action does not change existing emissions limitations, but
rather consolidates four previously existing Missouri area-specific
rules into one state-wide standard for clarity. The consolidated rule
provides an exemption for units that burn specific types of ``clean
burning'' fuels and an alternative method of demonstrating compliance
by averaging emissions for facilities with multiple units subject to
this rule, as described in more detail below. These four rules were
previously approved into the Missouri SIP. See 40 CFR 52.1320(c).
The four rules which are being consolidated into the new Missouri
rule include:
--10 CSR 10-2.040, Maximum Allowable Emission of Particulate Matter
from Fuel Burning Equipment Used for Indirect Heating, for the Kansas
City Metropolitan Area;
--10 CSR 10-3.060, Maximum Allowable Emission of Particulate Matter
from Fuel Burning Equipment Used for Indirect Heating, applicable to
the ``out state area'' defined as areas in Missouri other than the City
of St. Louis, and St. Charles, St. Louis, Jefferson, Franklin, Clay,
Cass, Buchanan, Ray, Jackson, Platte and Greene Counties;
--10 CSR 10-4-040, Maximum Allowable Emission of Particulate Matter
from Fuel Burning Equipment Used for Indirect Heating, for Springfield-
Greene County area; and
--10 CSR 10-5.030, Maximum Allowable Emission of Particulate Matter
from Fuel Burning Equipment Used for Indirect Heating, for the St.
Louis Metropolitan Area.
These standards have been consolidated into one state-wide rule, 10 CSR
10-6.405, Restriction of Particulate Matter Emissions from Fuel Burning
Equipment Used for Indirect Heating.
Missouri's new rule restricts the emission of PM from fuel burning
equipment used for indirect heating. As discussed above, the rule
applies state-wide, with additional conditions applicable to the
Springfield, Kansas City and St. Louis Metropolitan Areas. The rule
applies to facilities that burn fuel for the primary purpose of
producing steam, hot water, or hot air or other indirect heating of
liquids, gases or solids and, in the course of doing so, the products
of combustion do not come into contact with process materials. The
types of facilities affected by this rule include but are not limited
to utility and industrial boilers, process heaters and smelters of all
sizes. The types of fuel may include but are not limited to coal, tire-
derived fuel, coke, lignite, coke breeze, gas, fuel oil, biomass and
wood, but do not include refuse.
An installation is excluded from this rule if all of the
installation's applicable units are fueled only by landfill gas,
propane, natural gas, fuel oils 2 through 6 (provided
that the fuels are low in sulfur), or other gases with low hydrogen
sulfide and/or mercury content, as discussed in greater detail below.
EPA's analysis of the State's SIP submittal is presented below. As
a result of EPA's analysis, we are approving this request and are
amending Missouri's SIP to remove the four pre-existing rules and
replace them with the new rule, 10 CSR 10-6.405. This revision creates
the new consolidated rule and rescinds the former area-specific rules.
This rulemaking does not change the substantive PM emissions
requirements. It merely clarifies the Missouri regulation, adds
exemptions for individual emission units using clean-burning fuels and
for entire facilities using only these specific clean fuels, and is
expected to improve compliance.
II. EPA Review of the State Submittal
A. Summary of Revised Emission Limits
The Missouri rule establishes emission rate limits for
installations in which fuel is burned for the primary purpose of
producing steam, hot water, or hot air or other indirect heating of
liquids, gases, or solids and in the course of doing so, the products
of combustion do not come into direct contact with process materials.
As discussed above, fuels may include but are not limited to coal,
tire-derived fuel, coke, lignite, coke breeze, gas, fuel oil, biomass
and wood, but do not include refuse.
An installation is excluded from this rule if all of the
installation's applicable units are fueled only by landfill gas,
propane, natural gas, fuel oils 2 through 6 (with
less than 1.2 percent sulfur), or other gases (with hydrogen sulfide
levels less than or equal to four parts-per-million by volume as
measured by American Standard for Testing of Materials (ASTM) ASTM
D4084, or equivalent method, and mercury concentrations less than 40
micrograms per cubic meter as measured using ASTM D5954, or ASTM D6350,
or equivalent), or any combination of these fuels.
In a correspondence dated January 31, 2012, the Missouri Department
of Natural Resources (MDNR) provided supplemental information to EPA
supporting the rule. In its analysis of the emissions impact of the
clean fuels exclusion, MDNR relied on a technical analysis of emissions
from units burning such fuels, performed for EPA in conjunction with
the boiler MACT rulemaking (76 FR 80532). MDNR compared projected
emissions from such units to the emission limitations under the state
rule, and concluded that emissions would be lower with the use of clean
fuels than emissions allowed under the state's indirect heating rule.
MDNR concluded, based on this analysis, that emissions would not
increase as a result of the exclusion. EPA has reviewed MDNR's analysis
and agrees with this conclusion.
The Missouri rule sets emission limits for Existing Indirect
Heating Sources based on the area of the State (Kansas City and St.
Louis Metropolitan areas, or Springfield--Greene County and Outstate
Missouri areas) and the aggregate heat content of all fuels whose
combustion products pass through a stack(s). These limits are the same
as those already approved in the State SIP through the adoption of the
pre-existing rules.
Similarly, the Missouri rule sets emission limits for New Indirect
Heating Sources. Again, these limits are the same as those already
approved in the State SIP through the adoption of the pre-existing
regulations.
The Missouri rule also presents the option of demonstrating
compliance if the weighted average emission rate (WAER) of two or more
indirect heating sources is less than or equal to the maximum allowable
particulate emission rate limits for PM emissions required by the
regulation. EPA has reviewed this approach and determined
[[Page 56557]]
that it is a valid method for demonstrating compliance with the
standard because it achieves the same overall level of emissions for
the installation.
The January 31, 2012, correspondence, referenced above, also
included a technical analysis demonstrating that the averaging approach
versus unit-specific PM limits for determining compliance with the rule
had no effect on the emission limits. EPA agrees with this analysis.
In summary, EPA has reviewed this consolidated regulation and
determined that it achieves the same level of PM control as the pre-
existing four regulations, and therefore is equally protective of human
health and the environment.
B. Enforceability
The Missouri rule is state enforceable and has already been made
effective by the state as of October 30, 2011. The Missouri rule
specifies reporting and record keeping requirements for installations
subject to the rule. The owner or operator of an installation subject
to the rule shall maintain records annual emissions and testing records
demonstrating compliance with the rule for a period of five years.
These records must be available to MDNR upon request.
III. Final Action
EPA is approving Missouri's request to include the new State rule
regulation into the Missouri SIP. This approval is based on EPA's
finding that the rule is as stringent as the four rules it replaces and
fulfills the requirements of the CAA. EPA notes that although this SIP
revision does not reduce state-wide PM from current levels, it
consolidates and clarifies four existing rules to result in greater
compliance toward attaining the 2006 p.m. NAAQS.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that the Administrator determines to be in compliance 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 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 Order
12866 (58 FR 51735, October 4, 1993);
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 section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; 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).
In addition, this action does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined in 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 16, 2009. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: August 29, 2012.
Mark J. Hague,
Acting Regional Administrator, Region 7.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart AA--Missouri
0
2. Section 52.1320(c) is amended by revising the entries for 10-2.040,
10-3.060, 10-4.040, and 10-5.030 and adding an entry for 10-6.405 to
the table in numerical order to read as follows:
Sec. 52.1320 Identification of Plan.
* * * * *
(c) * * *
[[Page 56558]]
EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
State
Missouri citation Title effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
10-2.040........................ Maximum Allowable 9/4/84 1/24/85, 50 FR 3337 Rescinded.
Emission of Particulate
Matter from Fuel
Burning Equipment Used
for Indirect Heating.
* * * * * * *
10-3.060........................ Maximum Allowable 11/30/02 3/18/03, 68 FR Rescinded.
Emission of Particulate 12831.
Matter from Fuel
Burning Equipment Used
for Indirect Heating.
* * * * * * *
10-4.040........................ Maximum Allowable 11/30/02 3/18/03, 68 FR Rescinded.
Emission of Particulate 12831.
Matter from Fuel
Burning Equipment Used
for Indirect Heating.
* * * * * * *
10-5.030........................ Maximum Allowable 9/4/84 1/24/85, 50 FR 3337 Rescinded.
Emission of Particulate
Matter from Fuel
Burning Equipment Used
for Indirect Heating.
* * * * * * *
10-6.405........................ Restriction of 10/30/11 9/13/12 [insert Replaces 10-2.040,
Particulate Matter Federal Register 10-3.060, 10-
Emissions From Fuel page number where 4.040, and 10-
Burning Equipment Used the document 5.030
for Indirect Heating. begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2012-22471 Filed 9-12-12; 8:45 am]
BILLING CODE 6560-50-P
