[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

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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

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.

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    (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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[FR Doc. 2021-10783 Filed 5-20-21; 8:45 am]
BILLING CODE 6560-50-P


