Air Plan Approval; Missouri; Restriction of Emissions From Lithographic and Letterpress Printing Operations, 27543-27546 [2021-10783]
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Federal Register / Vol. 86, No. 97 / Friday, May 21, 2021 / Proposed Rules
(b) Affected ADs
This AD replaces AD 2020–21–05,
Amendment 39–21278 (85 FR 64963, October
14, 2020) (AD 2020–21–05).
(c) Applicability
This AD applies to all Airbus SAS
airplanes, certificated in any category, and
identified in paragraphs (c)(1) through (9) of
this AD.
(1) Model A330–223F and –243F airplanes.
(2) Model A330–201, –202, –203, –223, and
–243 airplanes.
(3) Model A330–301, –302, –303, –321,
–322, –323, –341, –342, and –343 airplanes.
(4) Model A330–841 airplanes.
(5) Model A330–941 airplanes.
(6) Model A340–211, –212, and –213
airplanes.
(7) Model A340–311, –312, and –313
airplanes.
(8) Model A340–541 airplanes.
(9) Model A340–642 airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 28, Fuel.
(e) Reason
This AD was prompted by reports of a fuel
pump showing cavitation erosion that
exposed the fuel pump power supply wires,
and by a determination that certain
compliance times need to be revised and that
additional airplanes are subject to the unsafe
condition. The FAA is issuing this AD to
address fuel pump erosion caused by
cavitation. If this condition is not addressed,
a pump running dry could result in a fuel
tank explosion and consequent loss of the
airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, European Union Aviation
Safety Agency (EASA) AD 2020–0283, dated
December 17, 2020; corrected December 24,
2020 (EASA AD 2020–0283).
(h) Exceptions to EASA AD 2020–0283
(1) Where EASA AD 2020–0283 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2020–0283 does not apply to this AD.
(3) Where EASA AD 2020–0283 refers to
the master minimum equipment list (MMEL),
this AD refers to the operator’s minimum
equipment list (MEL).
(4) Where EASA AD 2020–0283 refers to
‘‘13 December 2019 [the effective date of
EASA AD 2019–0291 at original issue],’’ this
AD requires using ‘‘November 18, 2020 (the
effective date of AD 2020–21–05).’’
(5) Where EASA AD 2020–0283 refers to
‘‘17 November 2017 [the effective date of
EASA AD 2017–0224],’’ this AD requires
using ‘‘December 29, 2017 (the effective date
of AD 2017–25–16, Amendment 39–19130
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(82 FR 58718, December 14, 2017) (AD 2017–
25–16).’’
(6) Where paragraphs (8), (9), and (10) of
EASA AD 2020–0283 specify to ‘‘inform all
flight crews, and, thereafter, operate the
aeroplane accordingly,’’ this AD does not
require those actions as those actions are
already required by existing FAA operating
regulations.
(i) No Reporting Requirement
Although the service information
referenced in EASA AD 2020–0283 specifies
to submit certain information to the
manufacturer, this AD does not include that
requirement.
(j) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Large Aircraft
Section, International Validation Branch,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with
14 CFR 39.19, send your request to your
principal inspector or responsible Flight
Standards Office, as appropriate. If sending
information directly to the Large Aircraft
Section, International Validation Branch,
send it to the attention of the person
identified in paragraph (k)(2) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. Before using any
approved AMOC, notify your appropriate
principal inspector, or lacking a principal
inspector, the manager of the responsible
Flight Standards Office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, Large Aircraft Section,
International Validation Branch, FAA; or
EASA; or Airbus SAS’s EASA Design
Organization Approval (DOA). If approved by
the DOA, the approval must include the
DOA-authorized signature.
(3) Required for Compliance (RC): For any
service information referenced in EASA AD
2020–0283 that contains RC procedures and
tests: Except as required by paragraph (j)(2)
of this AD, RC procedures and tests must be
done to comply with this AD; any procedures
or tests that are not identified as RC are
recommended. Those procedures and tests
that are not identified as RC may be deviated
from using accepted methods in accordance
with the operator’s maintenance or
inspection program without obtaining
approval of an AMOC, provided the
procedures and tests identified as RC can be
done and the airplane can be put back in an
airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
(k) Related Information
(1) For information about EASA AD 2020–
0283, contact EASA, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; telephone +49
221 8999 000; email ADs@easa.europa.eu;
Internet www.easa.europa.eu. You may find
this EASA AD on the EASA website at
https://ad.easa.europa.eu. You may view this
material at the FAA, Airworthiness Products
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27543
Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195. This
material may be found in the AD docket on
the internet at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2021–0372.
(2) For more information about this AD,
contact Vladimir Ulyanov, Aerospace
Engineer, Large Aircraft Section,
International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198;
telephone and fax 206–231–3229; email
vladimir.ulyanov@faa.gov.
Issued on May 15, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2021–10635 Filed 5–20–21; 8:45 am]
BILLING CODE 4910–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2021–0334; FRL–10023–
73–Region 7]
Air Plan Approval; Missouri;
Restriction of Emissions From
Lithographic and Letterpress Printing
Operations
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the Missouri State
Implementation Plan (SIP) received on
November 10, 2020. The submission
revises a Missouri regulation that
restricts volatile organic compound
emissions from lithographic and
letterpress printing operations in the St.
Louis Metropolitan Area. Specifically,
the state has revised this rule in order
to clarify rule applicability, update
incorporation by reference information,
update test method reference, clarify
definitions, and remove the unnecessary
use of restrictive words to improve
clarity. Approval of these revisions will
ensure consistency between state and
federally-approved rules.
DATES: Comments must be received on
or before June 21, 2021.
ADDRESSES: You may send comments,
identified by Docket ID No. EPA–R07–
OAR–2021–0334 to https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Instructions: All submissions received
must include the Docket ID No. for this
rulemaking. Comments received will be
SUMMARY:
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Federal Register / Vol. 86, No. 97 / Friday, May 21, 2021 / Proposed Rules
posted without change to https://
www.regulations.gov/, including any
personal information provided. For
detailed instructions on sending
comments and additional information
on the rulemaking process, see the
‘‘Written Comments’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Larry Gonzalez, Environmental
Protection Agency, Region 7 Office, Air
Permitting Standards Branch, 11201
Renner Boulevard, Lenexa, Kansas
66219; telephone number (913) 551–
7041; email address gonzalez.larry@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
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I. Written Comments
II. What is being addressed in this document?
III. Background
IV. What is the EPA’s analysis of Missouri’s
SIP revision request?
V. Have the requirements for approval of a
SIP revision been met?
VI. What action is the EPA taking?
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by
Docket ID No. EPA–R07–OAR–2021–
0334, at https://www.regulations.gov.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
II. What is being addressed in this
document?
The EPA is proposing to approve
revisions to the Missouri SIP received
on November 10, 2020. The revisions
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are to Title 10, Division 10 of the Code
of State Regulations, 10 CSR 10–5.442
‘‘Control of Emissions From
Lithographic and Letterpress Printing
Operations’’, which establishes
emission limits for volatile organic
compounds (VOCs) from lithographic
and letterpress printing operations in St.
Louis City and Jefferson, Franklin St.
Louis, and St. Charles Counties
(hereinafter referred to in this document
as the ‘‘St. Louis Area’’). 10 CSR
10–5.442 is SIP approved in the Code of
Federal Regulations at 40 CFR
52.1320(c).
These revisions, as discussed in
section IV of this document, are largely
administrative in nature and do not
have a negative impact on air quality.
The EPA’s full analysis of the revisions
is described in the technical support
document (TSD) included in the docket
for this action.
Missouri received five comments
(four from the EPA) during the comment
period. Missouri responded to all five
comments, as noted in the State
submission included in the docket for
this action.
The EPA is proposing to approve the
revisions to this rule because it meets
the requirements of the Clean Air Act
and will not have a negative impact on
air quality.
III. Background
The EPA approved 10 CSR 10–5.442
‘‘Control of Emissions From
Lithographic and Letterpress Printing
Operations’’, into the Missouri SIP as a
reasonably available control technology
(RACT) rule for the St. Louis area on
January 23, 2012 (January 23, 2012, 77
FR 3144). 10 CSR 10–5.442 is SIP
approved in the Code of Federal
Regulations at 40 CFR 52.1320(c).
Amendments to this state rule that
became effective August 30, 2011,
addressed an updated Control
Techniques Guideline issued by the
EPA in September 2006 for Offset
Lithographic Printing and Letterpress
Printing. These amendments provided
more stringent RACT control levels and
represent RACT under the 8-hour ozone
National Ambient Air Quality Standards
(NAAQS) in effect at the time of
approval into the SIP by the EPA in
January 2012.
IV. What is the EPA’s analysis of
Missouri’s SIP revision request?
In 2019, Missouri revised 10 CSR
10–5.442 to include a date in the
applicability section. As a result of the
EPA’s comment on the state’s proposed
rule revisions, Missouri revised the
applicability date of this rule to apply
to sources existing at the time when the
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most recent amendments to the rule, as
approved into the SIP, became effective.
Specifically, Missouri revised
subsection (1)(A) to specify the
applicability date of the rule for
installations existing on August 30,
2011, in accordance with section
172(c)(1) of the CAA.1
Additionally, the revisions to the rule
text submitted by Missouri on
November 10, 2020, do not alter the
control requirements for installations
already subject to the rule. Furthermore,
any new sources or major modifications
of existing sources are subject to new
source review (NSR) permitting. Under
NSR, a new major source or major
modification of an existing source with
a PTE of 250 tons per year (tpy) 2 or
more of any National Ambient Air
Quality Standard (NAAQS) pollutant is
required to obtain a Prevention of
Significant Deterioration (PSD) permit
when the area is in attainment or
unclassifiable, which requires an
analysis of Best Available Control
Technology (BACT) in addition to an air
quality analysis and an additional
impacts analysis. Sources with a PTE
greater than 100 tpy, but less than 250
tpy,3 are required to obtain a minor
permit in accordance with Missouri’s
NSR permitting program, which is
approved into the SIP.4 Further, a new
major source or major modification of
an existing source with a PTE of 100 tpy
or more of any NAAQS pollutant is
required to obtain a nonattainment (NA)
NSR permit when the area is in
nonattainment, which requires an
analysis of Lowest Achievable Emission
Rate (LAER) in addition to an air quality
analysis, an additional impacts analysis
and emission offsets. Other revisions to
the rule are administrative in nature.
See the TSD included in the docket for
this action for the EPA’s full analysis of
the rule revisions submitted by Missouri
on November 10, 2020.
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
1 The EPA agrees with Missouri’s interpretation of
CAA section 172(c)(1) in regard to whether RACT
is required for existing sources, but also notes that
the State regulation establishing RACT may apply
to new sources as well, dependent upon the State
regulation’s language.
2 The PSD major source threshold for certain
sources is 100 tpy rather than 250 tpy (see 40 CFR
52.21(b)(1)(i)(a) and 10 CSR 10–6.060(8)(A)).
3 Except for those sources with a PSD major
source threshold of 100 tpy.
4 EPA’s latest approval of Missouri’s NSR
permitting program rule was published in the
Federal Register on October 11, 2016 (81 FR
70025).
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51.102. The submission also satisfied
the completeness criteria of 40 CFR part
51, appendix V. The state provided
public notice of the revisions from May
01, 2019, to August 01, 2019, and held
a public hearing on July 25, 2019. The
state received and addressed five
comments (four being from the EPA). As
explained in more detail in the TSD
which is part of this docket, the SIP
revision submission meets the
substantive requirements of the CAA,
including section 110 and implementing
regulations.
VI. What action is the EPA taking?
The EPA is proposing to amend the
Missouri SIP by approving the State’s
request to revise 10 CSR 10–5.442,
‘‘Control of Emissions From
Lithographic and Letterpress Printing
Operations.’’ Approval of these
revisions will ensure consistency
between state and federally-approved
rules. The EPA has determined that
these changes meet the requirements of
the Clean Air Act and will not have a
negative impact to air quality.
The EPA is processing this as a
proposed action because we are
soliciting comments on the action. Final
rulemaking will occur after
consideration of any comments.
VII. Incorporation by Reference
In this rule, the EPA is proposing to
include in a final EPA regulatory text
that includes incorporation by
reference. In accordance with the
requirements of 1 CFR 51.5, the EPA is
proposing to incorporate by reference
the Missouri State Implementation Plan
described in the proposed amendments
to 40 CFR part 52 set forth below. The
EPA has made, and will continue to
make, these materials generally
available through www.regulations.gov
and at the EPA Region 7 Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
VIII. Statutory and Executive Order
Reviews
Under the Clean Air Act (CAA), the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, if they meet the
criteria of the CAA. Accordingly, this
action merely approves state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of the
National Technology Transfer and
Advancement Act (NTTA) because this
rulemaking does not involve technical
standards; and
• Does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where the EPA or an Indian
tribe has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Volatile organic compounds.
Dated: May 17, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the
preamble, the EPA proposes to amend
40 CFR part 52 as set forth below:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart AA—Missouri
2. In § 52.1320, the table in paragraph
(c) is amended by revising entry ‘‘10–
5.442’’ to read as follows:
■
§ 52.1320
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED MISSOURI REGULATIONS
Missouri
citation
State effective
date
Title
EPA approval date
Explanation
Missouri Department of Natural Resources
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*
*
*
*
*
*
Chapter 5—Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
*
10–5.442 .................
*
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*
Control of Emissions from Lithographic
and Letterpress Printing Operations.
*
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01/30/2020
*
*
[Date of publication of the final rule in
the Federal Register], [Federal
Register citation of the final rule].
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Federal Register / Vol. 86, No. 97 / Friday, May 21, 2021 / Proposed Rules
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[FR Doc. 2021–10783 Filed 5–20–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Chapter I
[EPA–HQ–OPPT–2021–0174; FRL–10023–
55]
Petition for Rulemaking Under TSCA;
Reasons for Agency Response; Denial
of Requested Rulemaking
Environmental Protection
Agency (EPA).
ACTION: Petition for rulemaking; denial;
reasons for Agency response.
AGENCY:
This document announces the
availability of EPA’s response to a
portion of the petition it received
February 8, 2021, from People for
Protecting Peace River, Center for
Biological Diversity, and 16 other
organizations. While the petition
requested three actions related to TSCA,
EPA has determined that only one of
those actions is an appropriate request:
A request to issue a test rule under
TSCA requiring testing of
phosphogypsum and process
wastewater from phosphoric acid
production. EPA is treating the other
portions of the petition involving TSCA
as a petition under the Administrative
Procedure Act (APA); those other
portions request EPA to initiate the
prioritization process for designating
phosphogypsum and process
wastewater as high-priority substances
for risk evaluation, and to make a
determination by rule under TSCA that
the use of phosphogypsum in road
construction is a significant new use.
Therefore, this document does not
provide EPA’s response to these two
TSCA-requested actions. Also, this
document does not address the
petitioners’ requests under the Resource
Conservation and Recovery Act (RCRA).
After careful consideration, EPA has
denied the TSCA section 21 portion of
the petition for the reasons set forth in
this document.
DATES: EPA’s response to this TSCA
section 21 petition was signed May 5,
2021.
ADDRESSES: The docket for this TSCA
section 21 petition, identified by docket
identification (ID) number EPA–HQ–
OPPT–2021–0174, is available at https://
www.regulations.gov or at the Office of
Pollution Prevention and Toxics Docket
(OPPT Docket), Environmental
Protection Agency Docket Center (EPA/
DC), West William Jefferson Clinton
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SUMMARY:
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Bldg., Rm. 3334, 1301 Constitution Ave.
NW, Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the OPPT Docket is (202)
566–0280.
Due to the public health concerns
related to COVID–19, the EPA Docket
Center (EPA/DC) and Public Reading
Room are closed to visitors with limited
exceptions. The EPA/DC staff continue
to provide remote customer service via
email, phone, and webform. For the
latest status information on EPA/DC
services and docket access, visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: For
technical information contact: Brooke
Porter, Existing Chemicals Risk
Management Division (7404T), Office of
Pollution Prevention and Toxics,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; telephone number: (202)
564–6388; email address:
porter.brooke@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCA-Hotline@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
This action is directed to the public
in general. This action may, however, be
of interest to those persons who
manufacture (including import),
distribute in commerce, process, use, or
dispose of phosphogypsum and process
wastewater. Since other entities may
also be interested, the Agency has not
attempted to describe all the specific
entities that may be affected by this
action.
B. What is EPA’s authority for taking
this action?
Under TSCA section 21 (15 U.S.C.
2620), any person can petition EPA to
initiate a proceeding for the issuance,
amendment, or repeal of a rule under
TSCA sections 4, 6, or 8, or to issue an
order under TSCA sections 4, 5(e), or
5(f). A TSCA section 21 petition must
set forth the facts which it is claimed
establish that it is necessary to initiate
the action requested. EPA is required to
grant or deny the petition within 90
days of its filing. If EPA grants the
petition, the Agency must promptly
commence an appropriate proceeding. If
EPA denies the petition, the Agency
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must publish its reasons for the denial
in the Federal Register. A petitioner
may commence a civil action in a U.S.
district court seeking to compel
initiation of the requested proceeding
within 60 days of a denial or, if EPA
does not issue a decision, within 60
days of the expiration of the 90-day
period.
C. What criteria apply to a decision on
this TSCA section 21 petition?
1. Legal Standard Regarding TSCA
Section 21 Petitions
TSCA section 21(b)(1) requires that
the petition ‘‘set forth the facts which it
is claimed establish that it is necessary’’
to initiate the proceeding requested. 15
U.S.C. 2620(b)(1). Thus, TSCA section
21 implicitly incorporates the statutory
standards that apply to the requested
actions. Accordingly, EPA has relied on
the standards in TSCA section 21 and in
the provisions under which actions
have been requested in evaluating this
TSCA section 21 petition.
2. Legal Standard Regarding TSCA
Section 4(a)(1)(A)(i)
EPA must make several findings in
order to require testing under TSCA
section 4(a)(1)(A)(i) through a rule or
order. EPA must find that the
manufacture, distribution in commerce,
processing, use, or disposal of a
chemical substance or mixture, or that
any combination of such activities, may
present an unreasonable risk of injury to
health or the environment; that
information and experience are
insufficient to reasonably determine or
predict the effects of such activity or
activities on health or the environment;
and that testing of the chemical
substance or mixture is necessary to
develop the missing information. 15
U.S.C. 2603(a)(1)(A)(i).
3. Legal Standard Regarding TSCA
Section 4(a)(1)(A)(ii)
EPA must make several findings in
order to require testing under TSCA
section 4(a)(1)(A)(ii) through a rule or
order. EPA must find that the chemical
substance or mixture is or will be
produced in substantial quantities, and
it enters or may reasonably be
anticipated to enter the environment in
substantial quantities or there is or may
be significant or substantial human
exposure to such substance or mixture;
that information and experience are
insufficient to reasonably determine or
predict the effects of the manufacture,
distribution in commerce, processing,
use, and/or disposal of the chemical
substance or mixture on health or the
environment; and that testing of the
E:\FR\FM\21MYP1.SGM
21MYP1
]]>Agencies
[Federal Register Volume 86, Number 97 (Friday, May 21, 2021)]
[Proposed Rules]
[Pages 27543-27546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10783]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2021-0334; FRL-10023-73-Region 7]
Air Plan Approval; Missouri; Restriction of Emissions From
Lithographic and Letterpress Printing Operations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Missouri State Implementation Plan (SIP)
received on November 10, 2020. The submission revises a Missouri
regulation that restricts volatile organic compound emissions from
lithographic and letterpress printing operations in the St. Louis
Metropolitan Area. Specifically, the state has revised this rule in
order to clarify rule applicability, update incorporation by reference
information, update test method reference, clarify definitions, and
remove the unnecessary use of restrictive words to improve clarity.
Approval of these revisions will ensure consistency between state and
federally-approved rules.
DATES: Comments must be received on or before June 21, 2021.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2021-0334 to https://www.regulations.gov. Follow the online
instructions for submitting comments.
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received will be
[[Page 27544]]
posted without change to https://www.regulations.gov/, including any
personal information provided. For detailed instructions on sending
comments and additional information on the rulemaking process, see the
``Written Comments'' heading of the SUPPLEMENTARY INFORMATION section
of this document.
FOR FURTHER INFORMATION CONTACT: Larry Gonzalez, Environmental
Protection Agency, Region 7 Office, Air Permitting Standards Branch,
11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number (913)
551-7041; email address [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.
Table of Contents
I. Written Comments
II. What is being addressed in this document?
III. Background
IV. What is the EPA's analysis of Missouri's SIP revision request?
V. Have the requirements for approval of a SIP revision been met?
VI. What action is the EPA taking?
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2021-
0334, at https://www.regulations.gov. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
II. What is being addressed in this document?
The EPA is proposing to approve revisions to the Missouri SIP
received on November 10, 2020. The revisions are to Title 10, Division
10 of the Code of State Regulations, 10 CSR 10-5.442 ``Control of
Emissions From Lithographic and Letterpress Printing Operations'',
which establishes emission limits for volatile organic compounds (VOCs)
from lithographic and letterpress printing operations in St. Louis City
and Jefferson, Franklin St. Louis, and St. Charles Counties
(hereinafter referred to in this document as the ``St. Louis Area'').
10 CSR 10-5.442 is SIP approved in the Code of Federal Regulations at
40 CFR 52.1320(c).
These revisions, as discussed in section IV of this document, are
largely administrative in nature and do not have a negative impact on
air quality. The EPA's full analysis of the revisions is described in
the technical support document (TSD) included in the docket for this
action.
Missouri received five comments (four from the EPA) during the
comment period. Missouri responded to all five comments, as noted in
the State submission included in the docket for this action.
The EPA is proposing to approve the revisions to this rule because
it meets the requirements of the Clean Air Act and will not have a
negative impact on air quality.
III. Background
The EPA approved 10 CSR 10-5.442 ``Control of Emissions From
Lithographic and Letterpress Printing Operations'', into the Missouri
SIP as a reasonably available control technology (RACT) rule for the
St. Louis area on January 23, 2012 (January 23, 2012, 77 FR 3144). 10
CSR 10-5.442 is SIP approved in the Code of Federal Regulations at 40
CFR 52.1320(c). Amendments to this state rule that became effective
August 30, 2011, addressed an updated Control Techniques Guideline
issued by the EPA in September 2006 for Offset Lithographic Printing
and Letterpress Printing. These amendments provided more stringent RACT
control levels and represent RACT under the 8-hour ozone National
Ambient Air Quality Standards (NAAQS) in effect at the time of approval
into the SIP by the EPA in January 2012.
IV. What is the EPA's analysis of Missouri's SIP revision request?
In 2019, Missouri revised 10 CSR 10-5.442 to include a date in the
applicability section. As a result of the EPA's comment on the state's
proposed rule revisions, Missouri revised the applicability date of
this rule to apply to sources existing at the time when the most recent
amendments to the rule, as approved into the SIP, became effective.
Specifically, Missouri revised subsection (1)(A) to specify the
applicability date of the rule for installations existing on August 30,
2011, in accordance with section 172(c)(1) of the CAA.\1\
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\1\ The EPA agrees with Missouri's interpretation of CAA section
172(c)(1) in regard to whether RACT is required for existing
sources, but also notes that the State regulation establishing RACT
may apply to new sources as well, dependent upon the State
regulation's language.
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Additionally, the revisions to the rule text submitted by Missouri
on November 10, 2020, do not alter the control requirements for
installations already subject to the rule. Furthermore, any new sources
or major modifications of existing sources are subject to new source
review (NSR) permitting. Under NSR, a new major source or major
modification of an existing source with a PTE of 250 tons per year
(tpy) \2\ or more of any National Ambient Air Quality Standard (NAAQS)
pollutant is required to obtain a Prevention of Significant
Deterioration (PSD) permit when the area is in attainment or
unclassifiable, which requires an analysis of Best Available Control
Technology (BACT) in addition to an air quality analysis and an
additional impacts analysis. Sources with a PTE greater than 100 tpy,
but less than 250 tpy,\3\ are required to obtain a minor permit in
accordance with Missouri's NSR permitting program, which is approved
into the SIP.\4\ Further, a new major source or major modification of
an existing source with a PTE of 100 tpy or more of any NAAQS pollutant
is required to obtain a nonattainment (NA) NSR permit when the area is
in nonattainment, which requires an analysis of Lowest Achievable
Emission Rate (LAER) in addition to an air quality analysis, an
additional impacts analysis and emission offsets. Other revisions to
the rule are administrative in nature. See the TSD included in the
docket for this action for the EPA's full analysis of the rule
revisions submitted by Missouri on November 10, 2020.
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\2\ The PSD major source threshold for certain sources is 100
tpy rather than 250 tpy (see 40 CFR 52.21(b)(1)(i)(a) and 10 CSR 10-
6.060(8)(A)).
\3\ Except for those sources with a PSD major source threshold
of 100 tpy.
\4\ EPA's latest approval of Missouri's NSR permitting program
rule was published in the Federal Register on October 11, 2016 (81
FR 70025).
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V. Have the requirements for approval of a SIP revision been met?
The State submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR
[[Page 27545]]
51.102. The submission also satisfied the completeness criteria of 40
CFR part 51, appendix V. The state provided public notice of the
revisions from May 01, 2019, to August 01, 2019, and held a public
hearing on July 25, 2019. The state received and addressed five
comments (four being from the EPA). As explained in more detail in the
TSD which is part of this docket, the SIP revision submission meets the
substantive requirements of the CAA, including section 110 and
implementing regulations.
VI. What action is the EPA taking?
The EPA is proposing to amend the Missouri SIP by approving the
State's request to revise 10 CSR 10-5.442, ``Control of Emissions From
Lithographic and Letterpress Printing Operations.'' Approval of these
revisions will ensure consistency between state and federally-approved
rules. The EPA has determined that these changes meet the requirements
of the Clean Air Act and will not have a negative impact to air
quality.
The EPA is processing this as a proposed action because we are
soliciting comments on the action. Final rulemaking will occur after
consideration of any comments.
VII. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference the Missouri State Implementation Plan
described in the proposed amendments to 40 CFR part 52 set forth below.
The EPA has made, and will continue to make, these materials generally
available through www.regulations.gov and at the EPA Region 7 Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).
VIII. Statutory and Executive Order Reviews
Under the Clean Air Act (CAA), the Administrator is required to
approve a SIP submission that complies with the provisions of the Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, if they meet the criteria of the CAA. Accordingly, this action
merely approves state law as meeting Federal requirements and does not
impose additional requirements beyond those imposed by state law. For
that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Volatile organic compounds.
Dated: May 17, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA proposes to amend
40 CFR part 52 as set forth below:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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. In Sec. 52.1320, the table in paragraph (c) is amended by revising
entry ``10-5.442'' to read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Missouri Regulations
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State
Missouri citation Title effective date EPA approval date Explanation
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Missouri Department of Natural Resources
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* * * * * * *
Chapter 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
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* * * * * * *
10-5.442............................. Control of Emissions from 01/30/2020 [Date of publication of the
Lithographic and Letterpress final rule in the Federal
Printing Operations. Register], [Federal Register
citation of the final rule].
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[[Page 27546]]
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[FR Doc. 2021-10783 Filed 5-20-21; 8:45 am]
BILLING CODE 6560-50-P
