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[Federal Register Volume 79, Number 5 (Wednesday, January 8, 2014)]
[Proposed Rules]
[Pages 1350-1352]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-31567]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2013-0674; FRL-9905-02-Region 7]

Approval and Promulgation of Implementation Plans; State of 
Missouri; Control of Nitrogen Oxide Emissions From Large Stationary 
Internal Combustion Engines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the State of Missouri to EPA on September 21, 
2010, with a supplemental revision submitted on July 3, 2013. The 
purpose of the SIP revision is to incorporate revisions to a Missouri 
regulation to control Nitrogen Oxide (NOX) emissions from 
large stationary internal combustion engines. This revision includes an 
emission rate limitation for both large stationary diesel and dual fuel 
internal combustion engines and adds an exemption for compression 
ignited stationary internal combustion engines that emit 25 tons or 
less of NOX between May 1 and September 30. EPA has 
determined that the SIP revision submitted by the State of Missouri 
satisfies the applicable requirements of the Clean Air Act (CAA or 
Act), and in particular, the April 21, 2004, final Federal Phase II 
NOX SIP Call.

DATES: Comments must be received on or before February 7, 2014.

ADDRESSES: Submit your comments identified by Docket ID No. EPA-R07-
OAR-2013-0674, by one of the following methods:
    1. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    2. Email: kemp.lachala@epa.gov.
    3. Mail: Ms. Lachala Kemp, Air Planning and Development Branch, 
U.S. Environmental Protection Agency, Region 7, Air and Waste 
Management Division, 11201 Renner Boulevard, Lenexa, Kansas 66219.
    4. Hand Delivery or Courier: Deliver your comments to Ms. Lachala 
Kemp, Air Planning and Development Branch, U.S. Environmental 
Protection Agency, Region 7, Air and Waste Management Division, 11201 
Renner Boulevard, Lenexa, KS 66219.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2013-0674. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit through http://www.regulations.gov or email information that you consider to be CBI or 
otherwise protected. The http://www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through http://www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and should be 
free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
at http://www.regulations.gov or in hard copy at the U.S. Environmental 
Protection Agency, Region 7, 11201 Renner Boulevard, Lenexa, Kansas 
66219 from 8:00 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The interested persons wanting to examine these 
documents should make an appointment with the office at least 24 hours 
in advance.

FOR FURTHER INFORMATION CONTACT: Ms. Lachala Kemp, Air Planning and 
Development Branch U.S. Environmental Protection Agency, Region 7, 
11201 Renner Boulevard, Lenexa, KS 66219; telephone number: (913) 551-
7214; fax number: (913) 551-7065; email address: kemp.lachala@epa.gov.

[[Page 1351]]

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' or 
``our'' refer to EPA. This section provides additional information by 
addressing the following questions:

Table of Contents

I. Background for the Proposal
II. Summary of Missouri's SIP Revision
III. EPA's Proposed Action

I. Background for the Proposal

    EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the State of Missouri to EPA on September 21, 
2010, with a supplemental revision submitted on July 3, 2013. The 
purpose of the SIP revision is to incorporate changes to a Missouri 
regulation (Title 10 of the Code of State Regulations (CSR) 10-6.390) 
to control Nitrogen Oxide (NOX) emissions from large 
stationary internal combustion (IC) engines to ensure compliance with 
the federal NOX control plan to reduce the transport of air 
pollutants.\1\ EPA finalized the second phase (Phase II) of its rule 
known as the NOX SIP Call Rule on April 21, 2004 (69 FR 
21604). Phase II required the eastern one-third of Missouri to 
participate in the NOX SIP Call and included a provision 
related to source categories of IC engines. The IC provision 
established a requirement to decrease emissions from diesel and dual 
fuel stationary IC engines by ninety percent. 69 FR 21608. Phase II of 
the NOX SIP Call also required each state in the control 
region to submit a SIP that contained adequate provisions prohibiting 
its sources from emitting air pollutants that would contribute 
significantly to nonattainment, or interfere with maintenance, in one 
or more downwind states. See, generally, 69 FR at 21608-38.
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    \1\ The effective date of the rule in Missouri was May 30, 2010.
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    Missouri's rule establishes emissions levels for large stationary 
internal combustion engines of greater than one thousand three hundred 
horsepower located in the counties of Bollinger, Butler, Cape 
Girardeau, Carter, Clark, Crawford, Dent, Dunklin, Franklin, Gasconade, 
Iron, Jefferson, Lewis, Lincoln, Madison, Marion, Mississippi, 
Montgomery, New Madrid, Oregon, Pemiscot, Perry, Pike, Ralls, Reynolds, 
Ripley, St. Charles, St. Francois, St. Louis, Ste. Genevieve, Scott, 
Shannon, Stoddard, Warren, Washington, and Wayne counties, and the City 
of St. Louis in Missouri. To be subject to this rule, the IC engines 
must either have emitted greater than one ton per day of NOX 
on average during the period from May 1 through September 30 of 1995, 
1996 or 1997, or began operations after September 30, 1997. 10 CSR 10-
6.390(1)(A), (B).
    EPA's analysis of the State's SIP revision is discussed below. As a 
result of EPA's analysis, we are proposing to approve this request to 
revise Missouri's SIP and include this 2010 amendment to the Missouri 
rule.

II. Summary of Missouri's SIP Revision

    The Missouri rule establishes emission rate limits using current 
reporting requirements for both large stationary diesel engines and 
dual fuel IC engines and adds a twenty five ton NOX 
exemption.
    Any compression ignited stationary engine that begins operation 
after September 30, 1997, and emits twenty-five (25) tons or less of 
NOX during the period from May 1 through September 30 is 
also exempt from certain emission rate limits found at 10 CSR 10-
6.390(3)(B)3. and 4. This exemption (hereinafter referred to as the 
``twenty-five ton NOX exemption'') is based on the previous 
year's NOX emissions during the May 1 through September 30 
period. If the exemption limit is exceeded, for any reason, the engine 
in question will be required to meet the applicable limits of 
subsection (3)(B) each year thereafter. The exemption does not apply to 
the record keeping and reporting requirements of 10 CSR 10-6.390(4).
    Section 110(l) of the CAA states that EPA shall not approve a 
revision of a SIP if the revisions would interfere with any applicable 
requirement concerning attainment and reasonable further progress, or 
any other applicable requirement of the CAA. The State's SIP revision 
included a demonstration that this twenty-five ton NOX 
exemption for compression ignited stationary IC engines will not 
adversely impact air quality. The analysis also showed that the 
exemption will not affect the State's ability to meet its 
NOX SIP Call obligations.
    In this analysis, the State focuses on the eastern one-third of 
Missouri, which is defined by the Phase II NOX SIP Call. 
This area is also located south and adjacent to the St. Louis 
nonattainment area for ozone, which is generally in the path of the 
predominant wind direction on typical high ozone days. The overall 
analysis on emissions for the specific area demonstrates that the 
additional impact of these exempt units on St. Louis ozone and 
NOX levels is insignificant.
    In addition, the State's analysis also demonstrates that for each 
year since EPA approved its NOX SIP Call budget on August 
15, 2006 (71 FR 46860), overall ozone season NOX emissions 
have been below the State's allowable budget. For utilities, 
NOX controls--specifically, two selective catalytic 
reduction units with overfire air, one low-NOX burner with 
overfire air, and two overfire air NOX control units--have 
been installed since 2005 in the eastern one-third of Missouri to 
assist the State with meeting the applicable budgets. Similarly, non-
utility boiler and cement kiln NOX emissions have 
substantially decreased and stayed below the State's allowable budget 
during this time. Even with the potential amount of additional 
NOX emissions caused by the twenty-five ton NOX 
exemption in 10 CSR 10-6.390, the total amount of NOX 
emissions would still be under the budgeted level. Further details on 
the State's analysis can be found in the docket for this rulemaking.
    In summary, EPA has reviewed the State's analysis and believes that 
the twenty-five ton NOX exemption in 10 CSR 10-6.390 will 
not adversely impact air quality and will not affect the State's 
ability to meet its NOX SIP Call budget obligations.

III. EPA's Proposed Action

    In today's rulemaking, EPA is proposing to approve a revision to 
the Missouri SIP to control NOX emissions from large 
stationary internal combustion engines. The revisions will also add a 
NOX exemption for compression ignited stationary internal 
combustion engines that emit 25 tons or less of NOX during 
the ozone season. If this level is exceeded, the regular emission rate 
limits in the regulation would apply. The requirements prescribed in 
the proposed SIP revision are consistent with the April 21, 2004, final 
Federal Phase II NOX SIP Call. EPA has determined that the 
SIP submitted by the State of Missouri satisfies the applicable 
requirements of the CAA.

Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the Clean Air Act. Accordingly, 
this proposed 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 proposed action:

[[Page 1352]]

     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen oxides, Reporting and 
recordkeeping requirements.

    Dated: December 12, 2013.
Karl Brooks,
Regional Administrator, Region 7.
[FR Doc. 2013-31567 Filed 1-7-14; 8:45 am]
BILLING CODE 6560-50-P
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