13264 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Proposed Rules 

1The 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. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2021–0136; FRL–10020– 

59–Region 7] 

Air Plan Approval; Missouri; Control of 

Volatile Organic Compound Emissions 

From Wood Furniture Manufacturing 

Operations 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the Missouri State 

Implementation Plan (SIP) received on 

February 15, 2019. The submission 

revises Missouri’s regulation that 

restricts the emissions of volatile 

organic compounds from wood 

furniture manufacturing operations in 

St. Louis City and Jefferson, St. Charles, 

Franklin, and St. Louis Counties. 

Specifically, the revisions to the 

proposed rule specify that this proposed 

rule only applies to sources that were 

existing at the time of the rule’s 

promulgation, remove the unnecessary 

use of restrictive words, update 

references, and make minor 

clarifications and grammatical changes. 

These revisions do not have an adverse 

effect on air quality. The EPA’s 

proposed approval of this proposed rule 

revision is being done in accordance 

with the requirements of the Clean Air 

Act (CAA). Approval of these revisions 

will ensure consistency between state 

and federally-approved rules. 

DATES: Comments must be received on 

or before April 7, 2021. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–R07– 

OAR–2021–0136, 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: 

William Stone, Environmental 

Protection Agency, Region 7 Office, Air 

Quality Planning Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219; 

telephone number: (913) 551–7714; 

email address: stone.william@epa.gov. 

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– 

0136, 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 February 15, 2019. The revisions are 

to Title 10, Division 10 of the Code of 

State Regulations, 10 CSR 10–5.530 

‘‘Control of Volatile Organic Compound 

Emissions From Wood Furniture 

Manufacturing Operations’’, which 

restricts the emissions of volatile 

organic compounds (VOC) from wood 

furniture manufacturing operations in 

St. Louis City and Jefferson, St. Charles, 

Franklin, and St. Louis Counties 

(hereinafter referred to in this document 

as the ‘‘St. Louis Area’’). These revisions 

are described in detail in the technical 

support document (TSD) included in 

the docket for this action. 

Missouri received six comments from 

the EPA during the comment period. 

Missouri responded to all six comments, 

as noted in the State submission 

included in the docket for this action. 

Missouri also provided supplemental 

information which is included in the 

docket that addressed the comments. 

The EPA is proposing to approve the 

revisions to this rulemaking because it 

will not have a negative impact on air 

quality. 

III. Background 

The EPA first approved 10 CSR 10– 

5.530 ‘‘Control of Volatile Organic 

Compound Emissions From Wood 

Furniture Manufacturing Operations’’, 

into the Missouri SIP as a reasonably 

available control technology (RACT) 

rule on May 18, 2000 (65 FR 31489, May 

18, 2000). At the time the rule was 

approved into the SIP, 10 CSR 10–5.530 

applied to all wood furniture 

manufacturing installations throughout 

the St. Louis Area that had the potential 

to emit equal to or greater than twentyfive (25) tons per year of VOC. 

By letter dated February 15, 2019, 

Missouri requested that the EPA 

approve revisions to 10 CSR 10–5.530 

into the SIP. Section 110(l) of the CAA 

prohibits the EPA from approving a SIP 

revision that interferes with any 

applicable requirement concerning 

attainment and reasonable further 

progress (RFP), or any other applicable 

requirement of the CAA. The State 

supplemented its SIP revision with a 

August 1, 2019 letter in order to address 

the requirements of section 110(l) of the 

CAA. 

IV. What is the EPA’s analysis of 

Missouri’s SIP revision request? 

In its August 1, 2019 letter, Missouri 

states that it intended its RACT rules, 

such as 10 CSR 10 5.530, to solely apply 

to existing sources in accordance with 

section 172(c)(1) of the CAA.1 Missouri 

states that although the applicability 

section of 10 CSR 10 5.530 specifies that 

the rule applies to all installations 

located throughout the St. Louis Area, 

the only facilities that met the 

applicability criteria of the rule were (1) 

K & R Wood Products Inc in St. Charles 

County, (2) Integram—St. Louis Seating 

in Franklin County, and (3) Lozier 

(Formerly Spartan) in Franklin County. 

Missouri, in its August 1, 2019 letter, 

indicated K & R Wood Products Inc in 

St. Charles County, Integram—St. Louis 

Seating in Franklin County and Lozier 

(Formerly Spartan) in Franklin County 

all went ‘‘out of business’’ in 2009, 2010 


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Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Proposed Rules 13265 

2The EPA reviewed MoDNR’s website that lists 

active, issued permits to facilities in Missouri and 

did not observe a permit for these facilties. Further, 

the EPA reviewed EPA’s ICIS-Air database which 

indicated that two of the facilties are ‘‘permanently 

closed.’’ The website for the third facility, Lozier, 

indicated no operations in the St. Louis Area. 

3The PSD major source threshold for certain 

sources is 100 tpy rather than 250 tpy (see 40 CFR 

52.21(b)(1)(i)(a) and 10 C.S.R. 10–6.060(8)(A)). 

4Except for those sources with a PSD major 

source threshold of 100 tpy. 

5The EPA’s latest approval of Missouri’s NSR 

permitting program rule was published in the 

Federal Register on October 11, 2016 (81 FR 

70025). 

and 2017, respectively. The EPA 

confirmed all three facilities are no 

longer in operation 2 and are therefore 

no longer subject to 10 CSR 10–5.530. 

A fourth business, Artistic Wood of 

St. Louis Cuunty, was referenced in the 

St. Louis Ozone Nonattainment Area 

Rate Of Progress Plan which is included 

in the docket for this action. Missouri 

Department of Natural Resources 

(MoDNR) determined that Artistic Wood 

was never subject to the rule, because its 

potential to emit (PTE) was below the 

applicability threshold of 25 tons per 

year (tpy). This source went out of 

business in 2006. 

A fifth business, Lami Wood Products 

of St. Charles County, is still in 

operation, but is not subject to the rule 

because the source has taken a federally 

enforceable voluntary permit limit. The 

intermediate operating permit, number 

OP2017–070, including this limit, was 

issued September 8, 2017 and is 

included in the docket for this action. 

As stated above, Missouri contends 

that the applicability section of 10 CSR 

10–5.530 may be revised to apply only 

to existing sources because section 

172(c)(1) of the CAA requires RACT for 

existing sources. Because 10 CSR 10– 

5.530 was applicable only to sources 

that are out of business or have taken 

limits and are no longer subject to the 

rule, the rule no longer reduces VOC 

emissions. Because these facilities are 

no longer subject to the rule, the EPA 

believes the rule no longer provides an 

emission reduction benefit to the St. 

Louis Area and therefore approving the 

revisions to applicability portion of this 

rule will not have a negative impact on 

air quality. 

Missouri’s August 1, 2019 letter states 

that any new sources or major 

modifications of existing sources are 

subject to new source review (NSR) 

permitting. Under NSR, a new major 

source or major modification of an 

existing source with a PTE of 250 tpy 3

or more of any national ambient air 

quality standards (NAAQS) pollutant is 

required to obtain a Prevention of 

Significant Deterioration (PSD) permit 

when the source is in an area designated 

as 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 4, are required to obtain a 

minor permit in accordance with 

Missouri’s NSR permitting program, 

which is approved into the SIP.5

Further, a new major source or major 

modification of an existing source with 

a PTE of 100 tpy or more of any NAAQS 

pollutant is required to obtain a 

nonattainment (NA) NSR permit when 

the area is in nonattainment, which 

requires an analysis of Lowest 

Achievable Emission Rate (LAER) in 

addition to an air quality analysis, an 

additional impacts analysis and 

emission offsets. The EPA agrees with 

this analysis. 

V. Have the requirements for approval 

of a SIP revision been met? 

The state submission has met the 

public notice requirements for SIP 

submissions in accordance with 40 CFR 

51.102. The submission also satisfied 

the completeness criteria of 40 CFR part 

51, appendix V. The state provided 

public notice on this SIP revision from 

June 15, 2018, to September 6, 2018, 

and held a public hearing on August 30, 

2018. The state received and addressed 

six comments from the EPA. As 

explained in more detail in the TSD 

which is included in the docket for this 

action, 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 10–5.530 

‘‘Control of Volatile Organic Compound 

Emissions From Wood Furniture 

Manufacturing Operations.’’ Approval 

of these revisions will ensure 

consistency between state and federallyapproved rules. Based on analysis in the 

TSD included in the docket for this 

action, the EPA has determined that 

these changes will not adversely impact 

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 document, the EPA is 

proposing to include regulatory text in 

a final rule that includes incorporation 

by reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

the Missouri Regulations 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, provided that 

they meet the criteria of the CAA. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866. 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of the 

National Technology Transfer and 

Advancement Act (NTTA) because this 


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13266 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Proposed Rules 

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 proposed 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: February 22, 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 the entry 

‘‘10–5.530’’ to read as follows: 

§ 52.1320 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED MISSOURI REGULATIONS

Missouri citation Title 

State 

effective 

date 

EPA approval date Explanation 

Missouri Department of Natural Resources 

*******

Chapter 5—Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area 

*******

10–5.530 ........... Control of Volatile Organic Compound 

Emissions From Wood Furniture Manufacturing Operations.

2/28/2019 [Date of publication of the final rule in the 

Federal Register], [Federal Register citation of the final rule].

* * * * * * * 

* * * * * 

[FR Doc. 2021–04031 Filed 3–5–21; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 2, 15, 25, 27 and 101 

[WT Docket No. 20–443, GN Docket No. 17– 

183, RM–11768 (Proceeding Terminated); 

FCC 21–13; FRS 17479] 

Expanding Flexible Use of the 12.2– 

12.7 GHz Band 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Commission seeks comment on whether 

it could add a new Mobile allocation or 

expanded terrestrial service rights in 

500 megahertz of mid-band spectrum 

between 12.2–12.7 GHz (12 GHz band) 

without causing harmful interference to 

incumbent licensees. Assuming the 

Commission could do so, it seeks 

comment on whether that action would 

promote or hinder the delivery of nextgeneration services in the 12 GHz band 

given the existing and emergent services 

offered by incumbent licensees. The 

Commission proceeds mindful of the 

significant investments made by 

incumbents and values the public 

interest benefits that could flow from 

investments made to provide satellite 

broadband services, particularly in rural 

and other underserved communities 

that might be more expensive to serve 

through other technologies. The 

Commission believes that it is 

appropriate, however, to initiate a 

rulemaking proceeding to allow 

interested parties to address whether 

additional operations can be 

accommodated in the band while 

protecting incumbent operations from 

harmful interference and for the 

Commission to assess the public interest 

considerations associated with adding a 

new allocation. 

DATES: Comments due on or before 

April 7, 2021 and reply comments due 

on or before May 7, 2021. 

ADDRESSES: You may submit comments, 

identified by WT Docket No. 20–443 

and GN Docket No. 17–183, by any of 

the following methods: 

• Electronic Filers: Comments may be 

filed electronically using the internet by 

accessing the ECFS: https://

www.fcc.gov/ecfs. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. If more than one 

docket or rulemaking number appears in 

the caption of this proceeding, filers 

must submit two additional copies for 

each additional docket or rulemaking 

number. 

Filings can be sent by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

• Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9050 

Junction Drive, Annapolis Junction, MD 

20701. 

• U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 45 L Street NE, 

Washington DC 20554. 

• Effective March 19, 2020, and until 

further notice, the Commission no 

longer accepts any hand or messenger 

delivered filings. This is a temporary 

measure taken to help protect the health 


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