Approval of State Plans for Designated Facilities and Pollutants; Missouri; Diammonium Phosphate Fertilizer Units, 1039-1041 [2019-00782]
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Federal Register / Vol. 84, No. 22 / Friday, February 1, 2019 / Proposed Rules
As for the revised exemption language
concerning other emergency/safety
equipment used to fight fires or train
fire fighters or other emergency
personnel, EPA believes such use would
also be time-limited and any emissions
increases associated with its exclusion
from minor source permitting
requirements would also be
insignificant. For these reasons, EPA is
proposing to approve these revisions
and is proposing to find that they are
consistent with the CAA, including
110(l), and with federal regulations.
III. Incorporation by Reference
In this document, EPA is proposing to
include in a final EPA rule, regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference a
portion of Georgia EPD’s Rule 391–3–1–
.03—‘‘Permits,’’ specifically section
(6)—‘‘Exemptions,’’ which became state
effective July 23, 2018. EPA has made,
and will continue to make, these
materials generally available through
www.regulations.gov and at the EPA
Region 4 office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
IV. Proposed Action
EPA is proposing to approve Georgia
EPD’s November 13, 2017, and July 31,
2018, SIP revisions. Specifically, EPA is
proposing to approve these SIP
revisions that modify Georgia’s Rule
391–3–1–.03(6). The proposed changes
exempt fire pumps and other equipment
used by firefighters and other
emergency personnel to fight fires from
the Act’s preconstruction review
requirement. EPA believes that any air
quality impacts from these activities are
de minimis, and will often lead to net
emissions reductions by mitigating or
eliminating the air quality impacts of
uncontrolled fires. EPA is proposing to
approve these SIP revisions because the
Agency has determined that they are
consistent with the CAA, and would not
interfere with attainment or
maintenance of any NAAQS, reasonable
further progress, or any other applicable
requirement.
V. 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.
See 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
VerDate Sep<11>2014
16:27 Jan 31, 2019
Jkt 247001
the CAA. This action merely proposes to
approve state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this proposed 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
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).
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 as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
PO 00000
Frm 00060
Fmt 4702
Sfmt 4702
1039
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 17, 2018.
Mary S. Walker,
Acting Regional Administrator, Region 4.
[FR Doc. 2019–00792 Filed 1–31–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R07–OAR–2018–0837; FRL–9988–95–
Region 7]
Approval of State Plans for Designated
Facilities and Pollutants; Missouri;
Diammonium Phosphate Fertilizer
Units
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to rescind
the current state plan and associated
regulation and accept the negative
declaration submitted by the State of
Missouri for Diammonium Phosphate
Fertilizer units. This negative
declaration submitted by the Missouri
Department of Natural Resources
(MoDNR) certifies that Diammonium
Phosphate Fertilizer (DPF) units subject
to section 111(d) of the Clean Air Act
(CAA) do not operate within the
jurisdiction of the State of Missouri. The
EPA is accepting the negative
declaration in accordance with the
requirements of the CAA.
DATES: Comments must be received on
or before March 4, 2019.
ADDRESSES: You may send comments,
identified by Docket ID No. EPA–R07–
OAR–2018–0837 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:
Larry Gonzalez, Environmental
SUMMARY:
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Federal Register / Vol. 84, No. 22 / Friday, February 1, 2019 / Proposed Rules
Protection Agency, Air Planning and
Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
(913) 551–7041 or by email at
gonzalez.larry@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to the EPA.
Table of Contents
I. Written Comments
II. Background
III. What action is the EPA proposing to take?
IV. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by
Docket ID No. EPA–R07–OAR–2018–
0837, 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. Background
The Clean Air Act (CAA) requires that
state regulatory agencies implement
emission guidelines and associated
compliance times using a state plan
developed under sections 111(d) of the
CAA.
The general provisions for the
submittal and approval of state plans are
codified in 40 CFR part 60, subpart B
and 40 CFR part 62, subpart A. Section
111(d) establishes general requirements
and procedures on state plan submittals
for the control of designated pollutants.
States have options other than
submitting a state plan in order to fulfill
their obligations under CAA sections
111(d). If a state does not have any
existing units for the relevant emission
guidelines, a letter can be submitted
certifying that no such units exist
within the state (i.e., a negative
declaration) in lieu of a state plan, in
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16:27 Jan 31, 2019
Jkt 247001
accordance with 40 CFR 60.5010. The
negative declaration exempts the state
from the requirements of subpart B that
would otherwise require the submittal
of a CAA section 111(d) plan.
On August 6, 1975, the EPA finalized
standards of performance for new
stationary sources from the phosphate
fertilizer industry which included
diammonium phosphate fertilizer
production plants under the authority of
section 111 of the CAA. As required by
the CAA 111(d) and 40 CFR part 60,
subpart B, each state must adopt and
submit a plan for the control of
pollutants from existing facilities
regulated under section 111(b) New
Source Performance Standards
following publication of a notice of
availability of an applicable emission
control guideline unless no such
facilities exist within the state. If there
are no facilities in the state, the state is
required to submit a letter of certifying
that fact.
In response to these requirements, the
State of Missouri submitted a plan for
the control of fluoride emissions from
phosphate fertilizer plants on January 3,
1985. The state plan was based on the
state regulation 10 CSR 10–3.160
‘‘Restriction of Emissions from
Diammonium Phosphate Fertilizer
Plants’’. At the time of the submittal
there was a single operating phosphate
fertilizer plant in the State located in
Joplin, Missouri. On March 14, 1986,
EPA approved the state plan and
associated regulation submitted by the
State of Missouri pursuant to CAA
section 111(d) and 40 CFR part 60,
subpart B. Subsequent to this state plan
approval, the single phosphate fertilizer
plant operating in Joplin, Missouri
ceased fertilizer production and
dismantled its fertilizer production
equipment in between the years of 2003
and 2004.
On December 3, 2018, MoDNR
submitted a negative declaration to EPA,
certifying that there are no operating
phosphate fertilizer plants in Missouri,
and requested that the EPA rescind its
previous state plan applicable to
phosphate fertilizer production
facilities. Additionally, MoDNR notified
the EPA that it would rescind its 10 CSR
10–3.160 rule that controlled emissions
of fluoride from diammonium
phosphate fertilizer plants.
The EPA is proposing to accept
MoDNR’s negative declaration
submission made on December 3, 2018
and rescind the State’s plan and
associated regulation. This action
applies to the state’s regulatory
requirements for existing facilities and
not new sources.
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Fmt 4702
Sfmt 4702
III. What action is the EPA proposing
to take?
The EPA proposes to amend 40 CFR
part 62 to reflect receipt of MoDNR’s
negative declaration letter certifying that
there are no phosphate fertilizer
production facilities operating in
Missouri subject to 40 CFR part 60,
subpart V, in accordance with section
111(d) of the CAA. Simultaneously, we
are proposing to amend 40 CFR part 62,
subpart AA, to remove phosphate
fertilizer plants from the list of affected
source categories found at 40 CFR
62.6350(c)(1).
IV. Statutory and Executive Orders
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review under
Executive Orders 12866 and 13563 (76
FR 3821, January 21, 2011). This
proposed action is also not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely proposes
to approve the state’s negative
declaration as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Accordingly, the
Administrator certifies that this
rulemaking will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.). Because this proposed action
does not impose an enforceable duty
upon State, local, or tribal governments,
and does not reduce or eliminate the
amount of authorization of Federal
appropriations, and because it contains
no regulatory requirements applicable to
small governments, this proposed action
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).
This proposed action 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).
This action also does not have
Federalism implications because it does
not have substantial direct effects on the
States, on the relationship between the
national government and the States, or
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Federal Register / Vol. 84, No. 22 / Friday, February 1, 2019 / Proposed Rules
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). Thus, Executive Order
13132 does not apply to this action.
This action merely proposes to approve
a state negative declaration submitted in
response to a Federal standard, and does
not alter the relationship or the
distribution of power and
responsibilities established in the CAA.
This rulemaking also is not subject to
Executive Order 13045, ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997) because it proposes to
approve a state submission in response
to a Federal standard.
This proposed action does not impose
an information collection burden under
the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.). Burden is defined at 5 CFR
1320.3(b).
Environmental protection, Air
pollution control, Administrative
practice and procedure,
Intergovernmental relations, Reporting
and recordkeeping requirements,
phosphate fertilizer plants.
Dated: December 26, 2018.
Edward H. Chu,
Acting Regional Administrator, Region 7.
48 CFR Part 806
RIN 2900–AQ21
Department of Veterans Affairs.
Proposed rule.
The Department of Veterans
Affairs (VA) is proposing to amend and
update its VA Acquisition Regulation
(VAAR) in phased increments to revise
or remove any policy superseded by
changes in Federal Acquisition
Regulation (FAR), to remove procedural
guidance that is internal to VA into the
VA Acquisition Manual (VAAM), and to
incorporate any new agency specific
regulations or policies. These changes
seek to streamline and align the VAAR
with the FAR and remove outdated and
duplicative requirements and reduce
burden on contractors. The VAAM
incorporates portions of the removed
VAAR as well as other internal agency
acquisition policy. VA will rewrite
certain parts of the VAAR and VAAM,
and as VAAR parts are rewritten, will
publish them in the Federal Register.
VA will combine related topics, as
appropriate. In particular, this
rulemaking revises the VAAR
concerning Competition Requirements.
DATES: Comments must be received on
or before April 2, 2019 to be considered
in the formulation of the final rule.
SUMMARY:
1. The authority citation for part 62
continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart AA—Missouri
2. Amend § 62.6350 by adding
paragraph (b)(7) and revising paragraph
(c) to read as follows:
■
Identification of plan.
*
*
*
*
(b) * * *
(7) A revision to Missouri’s 111(d)
plan for control of fluoride emissions
from existing phosphate fertilizer plants
was state effective on September 30,
2018 and was submitted to the EPA on
December 3, 2018. Submission included
a negative declaration, dated December
3, 2018, supporting state
documentation, and request for the EPA
to withdraw the EPA’s prior plan
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DEPARTMENT OF VETERANS
AFFAIRS
ACTION:
■
16:27 Jan 31, 2019
[FR Doc. 2019–00782 Filed 1–31–19; 8:45 am]
AGENCY:
PART 62—APPROVAL AND
PROMULGATION OF STATE PLANS
FOR DESIGNATED FACILITIES AND
POLLUTANTS
VerDate Sep<11>2014
Letter from the Missouri Department
of of Natural Resources, submitted
December 3, 2018, certifying that there
are no Diammonium Phosphate Ferilizer
Units subject to 40 CFR part 60, subpart
V. Effective date: The effective date of
the negative declaration and EPA
withdrawal of the prior plan approval is
[DATE 60 DAYS AFTER DATE OF
PUBLICATION OF THE FINAL RULE
IN THE Federal Register].
VA Acquisition Regulation:
Competition Requirements
For the reasons stated in the
preamble, EPA proposes to amend 40
CFR part 62 as set forth below:
*
§ 62.6351 Identification of plan—negative
declaration.
BILLING CODE 6560–50–P
List of Subjects in 40 CFR Part 62
§ 62.6350
approval for existing Diammonium
Phosphate Fertilizer Units.
(c) Designated facilities. The plan
applies to existing facilities in the
following categories of sources:
(1) Primary aluminum reduction
plants.
(2) Sulfuric acid production plants.
■ 3. Section 62.6351 is revised to read
as follows:
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Frm 00062
Fmt 4702
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1041
Written comments may be
submitted through
www.Regulations.gov; by mail or handdelivery to Director, Regulation Policy
and Management (00REG), Department
of Veterans Affairs, 810 Vermont
Avenue NW, Room 1063B, Washington,
DC 20420; or by fax to (202) 273–9026.
(This is not a toll-free number.)
Comments should indicate that they are
submitted in response to ‘‘RIN 2900–
AQ21 VA Acquisition Regulation:
Competition Requirements.’’ Copies of
comments received will be available for
public inspection in the Office of
Regulation Policy and Management,
Room 1063B, between the hours of 8:00
a.m. and 4:30 p.m., Monday through
Friday (except holidays). Please call
(202) 461–4902 for an appointment.
(This is not a toll-free number.) In
addition, during the comment period,
comments may be viewed online
through the Federal Docket Management
System (FDMS) at www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT: Mr.
Rafael N. Taylor, Senior Procurement
Analyst, Procurement Policy and
Warrant Management Services, 003A2A,
425 I Street NW, Washington, DC 20001,
(202) 382–2787. (This is not a toll-free
number.)
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Background
This rulemaking is issued under the
authority of the Office of Federal
Procurement Policy (OFPP) Act which
provides the authority for an agency
head to issue agency acquisition
regulations that implement or
supplement the FAR.
VA is proposing to revise the VAAR
to add new policy or regulatory
requirements and to remove any
redundant guidance and guidance that
is applicable only to VA’s internal
operating processes or procedures.
Codified acquisition regulations may be
amended and revised only through
rulemaking. All amendments, revisions,
and removals have been reviewed and
concurred with by VA’s Integrated
Product Team of agency stakeholders.
The VAAR uses the regulatory
structure and arrangement of the FAR
and headings and subject areas are
consistent with the FAR content. The
VAAR is divided into subchapters, parts
(each of which covers a separate aspect
of acquisition), subparts, and sections.
The Office of Federal Procurement
Policy Act, as codified in 41 U.S.C.
1707, provides the authority for the
Federal Acquisition Regulation and for
the issuance of agency acquisition
regulations consistent with the FAR.
When Federal agencies acquire
supplies and services using
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Agencies
[Federal Register Volume 84, Number 22 (Friday, February 1, 2019)]
[Proposed Rules]
[Pages 1039-1041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00782]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R07-OAR-2018-0837; FRL-9988-95-Region 7]
Approval of State Plans for Designated Facilities and Pollutants;
Missouri; Diammonium Phosphate Fertilizer Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
rescind the current state plan and associated regulation and accept the
negative declaration submitted by the State of Missouri for Diammonium
Phosphate Fertilizer units. This negative declaration submitted by the
Missouri Department of Natural Resources (MoDNR) certifies that
Diammonium Phosphate Fertilizer (DPF) units subject to section 111(d)
of the Clean Air Act (CAA) do not operate within the jurisdiction of
the State of Missouri. The EPA is accepting the negative declaration in
accordance with the requirements of the CAA.
DATES: Comments must be received on or before March 4, 2019.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2018-0837 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: Larry Gonzalez, Environmental
[[Page 1040]]
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at (913) 551-7041 or by email at
gonzalez.larry@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to the EPA.
Table of Contents
I. Written Comments
II. Background
III. What action is the EPA proposing to take?
IV. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2018-
0837, 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. Background
The Clean Air Act (CAA) requires that state regulatory agencies
implement emission guidelines and associated compliance times using a
state plan developed under sections 111(d) of the CAA.
The general provisions for the submittal and approval of state
plans are codified in 40 CFR part 60, subpart B and 40 CFR part 62,
subpart A. Section 111(d) establishes general requirements and
procedures on state plan submittals for the control of designated
pollutants.
States have options other than submitting a state plan in order to
fulfill their obligations under CAA sections 111(d). If a state does
not have any existing units for the relevant emission guidelines, a
letter can be submitted certifying that no such units exist within the
state (i.e., a negative declaration) in lieu of a state plan, in
accordance with 40 CFR 60.5010. The negative declaration exempts the
state from the requirements of subpart B that would otherwise require
the submittal of a CAA section 111(d) plan.
On August 6, 1975, the EPA finalized standards of performance for
new stationary sources from the phosphate fertilizer industry which
included diammonium phosphate fertilizer production plants under the
authority of section 111 of the CAA. As required by the CAA 111(d) and
40 CFR part 60, subpart B, each state must adopt and submit a plan for
the control of pollutants from existing facilities regulated under
section 111(b) New Source Performance Standards following publication
of a notice of availability of an applicable emission control guideline
unless no such facilities exist within the state. If there are no
facilities in the state, the state is required to submit a letter of
certifying that fact.
In response to these requirements, the State of Missouri submitted
a plan for the control of fluoride emissions from phosphate fertilizer
plants on January 3, 1985. The state plan was based on the state
regulation 10 CSR 10-3.160 ``Restriction of Emissions from Diammonium
Phosphate Fertilizer Plants''. At the time of the submittal there was a
single operating phosphate fertilizer plant in the State located in
Joplin, Missouri. On March 14, 1986, EPA approved the state plan and
associated regulation submitted by the State of Missouri pursuant to
CAA section 111(d) and 40 CFR part 60, subpart B. Subsequent to this
state plan approval, the single phosphate fertilizer plant operating in
Joplin, Missouri ceased fertilizer production and dismantled its
fertilizer production equipment in between the years of 2003 and 2004.
On December 3, 2018, MoDNR submitted a negative declaration to EPA,
certifying that there are no operating phosphate fertilizer plants in
Missouri, and requested that the EPA rescind its previous state plan
applicable to phosphate fertilizer production facilities. Additionally,
MoDNR notified the EPA that it would rescind its 10 CSR 10-3.160 rule
that controlled emissions of fluoride from diammonium phosphate
fertilizer plants.
The EPA is proposing to accept MoDNR's negative declaration
submission made on December 3, 2018 and rescind the State's plan and
associated regulation. This action applies to the state's regulatory
requirements for existing facilities and not new sources.
III. What action is the EPA proposing to take?
The EPA proposes to amend 40 CFR part 62 to reflect receipt of
MoDNR's negative declaration letter certifying that there are no
phosphate fertilizer production facilities operating in Missouri
subject to 40 CFR part 60, subpart V, in accordance with section 111(d)
of the CAA. Simultaneously, we are proposing to amend 40 CFR part 62,
subpart AA, to remove phosphate fertilizer plants from the list of
affected source categories found at 40 CFR 62.6350(c)(1).
IV. Statutory and Executive Orders
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review under Executive Orders 12866 and 13563 (76 FR 3821,
January 21, 2011). This proposed action is also not subject to
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001). This action merely proposes to approve the
state's negative declaration as meeting Federal requirements and
imposes no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rulemaking will not
have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Because this proposed action does not impose an enforceable duty upon
State, local, or tribal governments, and does not reduce or eliminate
the amount of authorization of Federal appropriations, and because it
contains no regulatory requirements applicable to small governments,
this proposed action 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).
This proposed action 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).
This action also does not have Federalism implications because it
does not have substantial direct effects on the States, on the
relationship between the national government and the States, or
[[Page 1041]]
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132 (64 FR
43255, August 10, 1999). Thus, Executive Order 13132 does not apply to
this action. This action merely proposes to approve a state negative
declaration submitted in response to a Federal standard, and does not
alter the relationship or the distribution of power and
responsibilities established in the CAA. This rulemaking also is not
subject to Executive Order 13045, ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997) because it proposes to approve a state submission in response to
a Federal standard.
This proposed action does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). Burden is defined at 5 CFR 1320.3(b).
List of Subjects in 40 CFR Part 62
Environmental protection, Air pollution control, Administrative
practice and procedure, Intergovernmental relations, Reporting and
recordkeeping requirements, phosphate fertilizer plants.
Dated: December 26, 2018.
Edward H. Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA proposes to amend 40
CFR part 62 as set forth below:
PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS
0
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart AA--Missouri
0
2. Amend Sec. 62.6350 by adding paragraph (b)(7) and revising
paragraph (c) to read as follows:
Sec. 62.6350 Identification of plan.
* * * * *
(b) * * *
(7) A revision to Missouri's 111(d) plan for control of fluoride
emissions from existing phosphate fertilizer plants was state effective
on September 30, 2018 and was submitted to the EPA on December 3, 2018.
Submission included a negative declaration, dated December 3, 2018,
supporting state documentation, and request for the EPA to withdraw the
EPA's prior plan approval for existing Diammonium Phosphate Fertilizer
Units.
(c) Designated facilities. The plan applies to existing facilities
in the following categories of sources:
(1) Primary aluminum reduction plants.
(2) Sulfuric acid production plants.
0
3. Section 62.6351 is revised to read as follows:
Sec. 62.6351 Identification of plan--negative declaration.
Letter from the Missouri Department of of Natural Resources,
submitted December 3, 2018, certifying that there are no Diammonium
Phosphate Ferilizer Units subject to 40 CFR part 60, subpart V.
Effective date: The effective date of the negative declaration and EPA
withdrawal of the prior plan approval is [DATE 60 DAYS AFTER DATE OF
PUBLICATION OF THE FINAL RULE IN THE Federal Register].
[FR Doc. 2019-00782 Filed 1-31-19; 8:45 am]
BILLING CODE 6560-50-P