81_FR_4904 81 FR 4886 - Approval of Missouri's Air Quality Implementation Plans; Americold Logistics, LLC 24-Hour Particulate Matter (PM10

81 FR 4886 - Approval of Missouri's Air Quality Implementation Plans; Americold Logistics, LLC 24-Hour Particulate Matter (PM10

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 18 (January 28, 2016)

Page Range4886-4889
FR Document2016-01660

The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the State Implementation Plan (SIP) submitted by the State of Missouri on June 2, 2014. This SIP revision incorporates a consent judgment to address violations of the 24-hour particulate matter (PM<INF>10</INF>) NAAQS near the Americold Logistics, LLC, Carthage Crushed Limestone (CCL) facility near Carthage, Missouri. CCL is a limestone quarry operation. The consent judgment between the State of Missouri and CCL includes measures that will control PM<INF>10</INF> emissions from the facility. This approval will make the consent judgment Federally-enforceable.

Federal Register, Volume 81 Issue 18 (Thursday, January 28, 2016)
[Federal Register Volume 81, Number 18 (Thursday, January 28, 2016)]
[Rules and Regulations]
[Pages 4886-4889]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01660]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0644; FRL-9941-68-Region 7]


Approval of Missouri's Air Quality Implementation Plans; 
Americold Logistics, LLC 24-Hour Particulate Matter (PM10) National 
Ambient Air Quality Standard (NAAQS) Consent Judgment

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a revision to the State Implementation Plan 
(SIP) submitted by the State of Missouri on June 2, 2014. This SIP 
revision incorporates a consent judgment to address violations of the 
24-hour particulate matter (PM10) NAAQS near the Americold 
Logistics, LLC, Carthage Crushed Limestone (CCL) facility near 
Carthage, Missouri. CCL is a limestone quarry operation. The consent 
judgment between the State of Missouri and CCL includes measures that 
will control PM10 emissions from the facility. This approval 
will make the consent judgment Federally-enforceable.

DATES: This direct final rule will be effective March 28, 2016, without 
further notice, unless EPA receives adverse comment by February 29, 
2016. If EPA receives adverse comment, we will publish a timely 
withdrawal of the direct final rule in the Federal Register informing 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2015-0644, to www.regulations.gov. Follow the online instructions 
for submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. 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. 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Heather Hamilton, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219 at 913-551-7039 or by email at 
[email protected].

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

I. Background
II. What is being addressed in this document?
III. Have the requirements for approval of a SIP revision been met?
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews


[[Page 4887]]



I. Background

    EPA's current health-based PM10 NAAQS was set in 1987 at 
a level of 150 [micro]g/m\3\ measured over 24 hours. 40 CFR 50.6(a). An 
exceedance of the NAAQS is a daily (24-hour average) PM10 
concentration that is above the level of the standard. A violation of 
the NAAQS occurs when an exceedance occurs more than once per year on 
average over three years. 40 CFR part 50, appendix K.
    Exceedances and violations of the PM10 NAAQS at the 
Carthage monitor date back to 2001. In October 2003, the Missouri 
Department of Natural Resources (MDNR) Air Pollution Control Program 
and Americold Logistics, LLC, Carthage Crushed Limestone (CCL) entered 
into a settlement agreement that contained measures for reducing CCL's 
fugitive particulate matter emissions for exceedances of the 
PM10 NAAQS. The measures put in place from the settlement 
agreement reduced the number of PM10 exceedances at the 
Carthage monitor for several years.
    There were no exceedances in 2009 and 2010; however, based on 
validated air quality data from 2011 to 2013, the Carthage monitor 
again experienced a number of exceedances as evidenced in the following 
table:

Carthage PM10 Air Quality System Data Validity and Certification Through
                              June 30, 2013
------------------------------------------------------------------------
                                                           24-Hour PM10
                                                            exceedance
                          Date                              ([micro]g/
                                                               m\3\)
------------------------------------------------------------------------
June 23, 2011...........................................             174
September 9, 2011.......................................             159
September 26, 2011......................................             258
November 30, 2011.......................................             192
January 16, 2012........................................             222
------------------------------------------------------------------------

    After an internal analysis to identify potential sources of 
emissions for the exceedances, the MDNR Air Pollution Control Program 
contacted CCL regarding their operations at the facility. On June 8, 
2012, CCL proposed additional control measures that were necessary due 
to malfunctioning equipment and processing issues at the facility.

II. What is being addressed in this document?

    EPA is taking direct final action to approve a revision to the SIP 
submitted by the State of Missouri on June 2, 2014. Missouri requested 
that EPA approve Americold Logistics, LLC, Carthage Crushed Limestone 
(CCL) consent judgment for inclusion into the Missouri SIP. The consent 
judgment between the state of Missouri and CCL was entered on May 3, 
2014, and effective May 13, 2014. The consent judgment requires CCL to 
apply specific measures and work practices to reduce PM10 
emissions generated at the facility. These measures and practices were 
required to be operational by March 31, 2014. CCL has implemented and 
made operational these measures in accordance with the consent judgment 
timelines.
    As a result, CCL worked cooperatively with MDNR who developed an 
enforceable consent judgment for implementing controls to further 
reduce PM10 emissions at the facility. CCL proactively put 
several controls in place during 2012 and 2013 prior to finalization of 
the consent judgment.
    Control measures to reduce fugitive PM10 emissions in 
the 2014 consent judgment include the following: (1) Installation of 
wet suppression for crushers; (2) eliminate screen and install a hopper 
to reduce free fall of rock; (3) install a CFM compressor for the 
baghouse controlling the Cedar Rapids dryer; (4) design and install a 
new drop point/transition to improve seal at conveyor transfer points; 
(5) install a new bin top in the west lime hopper; (6) fabricate a new 
transition on elevator head where it drops on to tail of the line to 
the conveyor belt, and install a new head house and boot that seals to 
the elevator; (7) rebuild a water truck to contain eight thousand 
gallons of water for haul roads; (8) enclose the bed of the haul truck 
that hauls waste fines to stock pile area; (9) develop an operation and 
maintenance plan for MDNR approval, and, (10) submit a full emissions 
inventory questionnaire for the calendar year 2012. The aforementioned 
control measures were completed according to schedule.
    The consent judgment also includes contingency measures in the 
event of an exceedance of the PM10 NAAQS. Contingency 
measures include investigating and addressing any exceedance to the 
extent possible in a timely manner including a detailed report to the 
MDNR Air Pollution Control Program within ten days. Additional 
contingency measures outlined in the consent judgment are to be 
reported no later than ninety days after the calendar quarter in which 
the monitoring data was measured.
    In addition to the measures outlined in the consent judgment, CCL 
has voluntarily agreed to participate in a near-real-time 
PM10 concentration alarm notification system for monitored 
hourly PM10 levels that exceed the 150 [micro]g/m\3\. This 
activity is strictly voluntary and the MDNR Air Pollution Control 
Program is not submitting requirements for CCL to participate in the 
alarm notification for inclusion in this SIP action.
    Since entering into the consent judgment with the MDNR, there was 
one exceedance of the PM10 standard on December 8, 2014. 
There have been no other exceedances recorded since that date. CCL, in 
accordance with the consent judgment contingency measures, notified the 
MDNR Air Pollution Control Program about the exceedance. The MDNR Air 
Pollution Control Program continues to monitor air quality and to work 
with the facility as necessary to implement the contingency measures of 
the consent judgment through a corrective action plan that addresses 
the 2014 exceedance.
    The control and contingency measures identified in the consent 
judgment, and included in MDNR's SIP revision request, is a significant 
strengthening of the current requirements applicable to this source to 
control fugitive PM emissions. EPA believes that these requirements 
will reduce or potentially eliminate future exceedances of the 
PM10 NAAQS and lead to improvements in the air quality in 
the area surrounding CCL's facility. The work practice revisions and 
mechanical upgrades along with the contingency measures put into action 
by the consent judgment and this SIP revision provide for permanent 
modifications that deal with past and future exceedances in a manner 
that limits their potential and represent an effective short term and 
long term control strategy for fugitive emissions of coarse particulate 
matter.

III. Have the requirements for approval of a SIP revision been met?

    The June 2, 2014, 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. 
In addition, the revision meets the substantive SIP requirements of the 
CAA, including section 110 and implementing regulations.

IV. What action is EPA taking?

    EPA is taking direct final action to approve this SIP revision. We 
are publishing this rule without a prior proposed rule because we view 
this as a noncontroversial action and anticipate no adverse comment. 
However, in the ``Proposed Rules'' section of this Federal Register, we 
are publishing a separate document that will serve as the proposed rule 
to approve this SIP revision, if adverse comments are

[[Page 4888]]

received on this direct final rule. We will not institute a second 
comment period on this action. Any parties interested in commenting 
must do so at this time. For further information about commenting on 
this rule, see the ADDRESSES section of this document. If EPA receives 
adverse comment, we will publish a timely withdrawal in the Federal 
Register informing the public that this direct final rule will not take 
effect. We will address all public comments in any subsequent final 
rule based on the proposed rule.

V. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the Missouri 
Source Specific Permits and Orders described in the direct final 
amendments to 40 CFR part 52 set forth below. EPA has made, and will 
continue to make, these documents generally available electronically 
through www.regulations.gov and at the appropriate EPA office (see the 
ADDRESSES section of this preamble for more information).

VI. 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 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 section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications 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).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by March 28, 2016. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Particulate matter, Reporting and recordkeeping requirements, 
Sulfur oxides.

    Dated: January 11, 2016.
Mark Hague,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amends 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. Section 52.1320(d) is amended by adding entry (30) at the end of the 
table to read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (d) * * *

[[Page 4889]]



                            EPA-Approved Missouri Source-Specific Permits and Orders
----------------------------------------------------------------------------------------------------------------
                                                                State
          Name of source               Order/Permit No.    effective date    EPA Approval date      Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(30) Americold Logistics, LLC 24-   Consent Judgment 14AP-        4/27/14  1/28/16, [insert       ..............
 Hour Particulate Matter (PM10)      CC00036.                               Federal Register
 National Ambient Air Quality                                               citation].
 (NAAQS) Consent Judgment.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2016-01660 Filed 1-27-16; 8:45 am]
 BILLING CODE 6560-50-P



                                           4886               Federal Register / Vol. 81, No. 18 / Thursday, January 28, 2016 / Rules and Regulations

                                           report containing this action and other                    such rule or action. Parties with                             Dated: January 13, 2016.
                                           required information to the U.S. Senate,                   objections to this direct final rule are                    Susan Hedman,
                                           the U.S. House of Representatives, and                     encouraged to file a comment in                             Regional Administrator, Region 5.
                                           the Comptroller General of the United                      response to the parallel notice of
                                           States prior to publication of the rule in                 proposed rulemaking for this action                             40 CFR part 52 is amended as follows:
                                           the Federal Register. A major rule                         published in the proposed rules section
                                           cannot take effect until 60 days after it                  of today’s Federal Register, rather than                    PART 52—APPROVAL AND
                                           is published in the Federal Register.                      file an immediate petition for judicial                     PROMULGATION OF
                                           This action is not a ‘‘major rule’’ as                     review of this direct final rule, so that                   IMPLEMENTATION PLANS
                                           defined by 5 U.S.C. 804(2).                                EPA can withdraw this direct final rule
                                              Under section 307(b)(1) of the CAA,                     and address the comment in the                              ■ 1. The authority citation for part 52
                                           petitions for judicial review of this                      proposed rulemaking. This action may                        continues to read as follows:
                                           action must be filed in the United States                  not be challenged later in proceedings to                       Authority: 42 U.S.C. 7401 et seq.
                                           Court of Appeals for the appropriate                       enforce its requirements. (See section
                                           circuit by March 28, 2016. Filing a                        307(b)(2).)                                                 ■  2. In § 52.1220, the table in paragraph
                                           petition for reconsideration by the                                                                                    (d) is amended by revising the entry for
                                           Administrator of this final rule does not                  List of Subjects in 40 CFR Part 52                          ‘‘Xcel Energy-Inver Hills Generating
                                           affect the finality of this action for the                   Environmental protection, Air                             Plant’’ to read as follows:
                                           purposes of judicial review nor does it                    pollution control, Incorporation by
                                                                                                                                                                  § 52.1220    Identification of plan.
                                           extend the time within which a petition                    reference, Intergovernmental relations,
                                           for judicial review may be filed, and                      Reporting and recordkeeping                                 *       *   *        *    *
                                           shall not postpone the effectiveness of                    requirements, Sulfur dioxide.                                   (d) * * *
                                                                                          EPA-APPROVED MINNESOTA SOURCE-SPECIFIC PERMITS
                                                                                                       State
                                                 Name of Source                    Permit No.         effective             EPA Approval date                                      Comments
                                                                                                        date


                                                    *                          *                        *                        *                          *                    *                     *
                                           Xcel Energy-Inver Hills            03700015–004                  07/16/14     01/28/16, [Insert Federal          Only conditions cited as ‘‘Title I condition: SIP for
                                             Generating Plant.                                                             Register citation].                SO2 NAAQS.’’

                                                      *                        *                        *                           *                       *                      *                      *



                                           *      *       *       *      *                            facility near Carthage, Missouri. CCL is                    considered the official comment and
                                           [FR Doc. 2016–01577 Filed 1–27–16; 8:45 am]                a limestone quarry operation. The                           should include discussion of all points
                                           BILLING CODE 6560–50–P                                     consent judgment between the State of                       you wish to make. EPA will generally
                                                                                                      Missouri and CCL includes measures                          not consider comments or comment
                                                                                                      that will control PM10 emissions from                       contents located outside of the primary
                                           ENVIRONMENTAL PROTECTION                                   the facility. This approval will make the                   submission (i.e. on the web, cloud, or
                                           AGENCY                                                     consent judgment Federally-enforceable.                     other file sharing system). For
                                                                                                      DATES: This direct final rule will be
                                                                                                                                                                  additional submission methods, the full
                                           40 CFR Part 52                                                                                                         EPA public comment policy,
                                                                                                      effective March 28, 2016, without
                                                                                                      further notice, unless EPA receives                         information about CBI or multimedia
                                           [EPA–R07–OAR–2015–0644; FRL–9941–68–
                                           Region 7]                                                  adverse comment by February 29, 2016.                       submissions, and general guidance on
                                                                                                      If EPA receives adverse comment, we                         making effective comments, please visit
                                           Approval of Missouri’s Air Quality                                                                                     http://www2.epa.gov/dockets/
                                                                                                      will publish a timely withdrawal of the
                                           Implementation Plans; Americold                                                                                        commenting-epa-dockets.
                                                                                                      direct final rule in the Federal Register
                                           Logistics, LLC 24-Hour Particulate                         informing the public that the rule will                     FOR FURTHER INFORMATION CONTACT:
                                           Matter (PM10) National Ambient Air                         not take effect.                                            Heather Hamilton, Environmental
                                           Quality Standard (NAAQS) Consent                                                                                       Protection Agency, Air Planning and
                                                                                                      ADDRESSES: Submit your comments,                            Development Branch, 11201 Renner
                                           Judgment
                                                                                                      identified by Docket ID No. EPA–R07–                        Boulevard, Lenexa, Kansas 66219 at
                                           AGENCY: Environmental Protection                           OAR–2015–0644, to                                           913–551–7039 or by email at
                                           Agency.                                                    www.regulations.gov. Follow the online                      hamilton.heather@epa.gov.
                                           ACTION: Direct final rule.                                 instructions for submitting comments.                       SUPPLEMENTARY INFORMATION:
                                                                                                      Once submitted, comments cannot be                          Throughout this document ‘‘we,’’ ‘‘us,’’
                                           SUMMARY:   The Environmental Protection                    edited or removed from Regulations.gov.                     or ‘‘our’’ refer to EPA. This section
                                           Agency (EPA) is taking direct final                        EPA may publish any comment received                        provides additional information by
                                           action to approve a revision to the State                  to its public docket. Do not submit                         addressing the following:
                                           Implementation Plan (SIP) submitted by                     electronically any information you
wgreen on DSK2VPTVN1PROD with RULES




                                           the State of Missouri on June 2, 2014.                     consider to be Confidential Business                        I. Background
                                           This SIP revision incorporates a consent                   Information (CBI) or other information                      II. What is being addressed in this document?
                                                                                                                                                                  III. Have the requirements for approval of a
                                           judgment to address violations of the                      whose disclosure is restricted by statute.                        SIP revision been met?
                                           24-hour particulate matter (PM10)                          Multimedia submissions (audio, video,                       IV. What action is EPA taking?
                                           NAAQS near the Americold Logistics,                        etc.) must be accompanied by a written                      V. Incorporation by Reference
                                           LLC, Carthage Crushed Limestone (CCL)                      comment. The written comment is                             VI. Statutory and Executive Order Reviews



                                      VerDate Sep<11>2014     13:11 Jan 27, 2016    Jkt 238001   PO 00000    Frm 00012   Fmt 4700       Sfmt 4700   E:\FR\FM\28JAR1.SGM   28JAR1


                                                               Federal Register / Vol. 81, No. 18 / Thursday, January 28, 2016 / Rules and Regulations                                          4887

                                           I. Background                                              state of Missouri and CCL was entered                 Program is not submitting requirements
                                             EPA’s current health-based PM10                          on May 3, 2014, and effective May 13,                 for CCL to participate in the alarm
                                           NAAQS was set in 1987 at a level of 150                    2014. The consent judgment requires                   notification for inclusion in this SIP
                                           mg/m3 measured over 24 hours. 40 CFR                       CCL to apply specific measures and                    action.
                                                                                                      work practices to reduce PM10                            Since entering into the consent
                                           50.6(a). An exceedance of the NAAQS is
                                                                                                      emissions generated at the facility.                  judgment with the MDNR, there was
                                           a daily (24-hour average) PM10
                                                                                                      These measures and practices were                     one exceedance of the PM10 standard on
                                           concentration that is above the level of
                                                                                                      required to be operational by March 31,               December 8, 2014. There have been no
                                           the standard. A violation of the NAAQS
                                                                                                      2014. CCL has implemented and made                    other exceedances recorded since that
                                           occurs when an exceedance occurs more
                                                                                                      operational these measures in                         date. CCL, in accordance with the
                                           than once per year on average over three
                                                                                                      accordance with the consent judgment                  consent judgment contingency
                                           years. 40 CFR part 50, appendix K.
                                                                                                      timelines.                                            measures, notified the MDNR Air
                                             Exceedances and violations of the
                                                                                                         As a result, CCL worked cooperatively              Pollution Control Program about the
                                           PM10 NAAQS at the Carthage monitor
                                                                                                      with MDNR who developed an                            exceedance. The MDNR Air Pollution
                                           date back to 2001. In October 2003, the                    enforceable consent judgment for                      Control Program continues to monitor
                                           Missouri Department of Natural                             implementing controls to further reduce               air quality and to work with the facility
                                           Resources (MDNR) Air Pollution                             PM10 emissions at the facility. CCL                   as necessary to implement the
                                           Control Program and Americold                              proactively put several controls in place             contingency measures of the consent
                                           Logistics, LLC, Carthage Crushed                           during 2012 and 2013 prior to                         judgment through a corrective action
                                           Limestone (CCL) entered into a                             finalization of the consent judgment.                 plan that addresses the 2014
                                           settlement agreement that contained                           Control measures to reduce fugitive                exceedance.
                                           measures for reducing CCL’s fugitive                       PM10 emissions in the 2014 consent                       The control and contingency
                                           particulate matter emissions for                           judgment include the following: (1)                   measures identified in the consent
                                           exceedances of the PM10 NAAQS. The                         Installation of wet suppression for                   judgment, and included in MDNR’s SIP
                                           measures put in place from the                             crushers; (2) eliminate screen and install            revision request, is a significant
                                           settlement agreement reduced the                           a hopper to reduce free fall of rock; (3)             strengthening of the current
                                           number of PM10 exceedances at the                          install a CFM compressor for the                      requirements applicable to this source
                                           Carthage monitor for several years.                        baghouse controlling the Cedar Rapids                 to control fugitive PM emissions. EPA
                                             There were no exceedances in 2009                        dryer; (4) design and install a new drop              believes that these requirements will
                                           and 2010; however, based on validated                      point/transition to improve seal at                   reduce or potentially eliminate future
                                           air quality data from 2011 to 2013, the                    conveyor transfer points; (5) install a               exceedances of the PM10 NAAQS and
                                           Carthage monitor again experienced a                       new bin top in the west lime hopper; (6)              lead to improvements in the air quality
                                           number of exceedances as evidenced in                      fabricate a new transition on elevator                in the area surrounding CCL’s facility.
                                           the following table:                                       head where it drops on to tail of the line            The work practice revisions and
                                                                                                      to the conveyor belt, and install a new               mechanical upgrades along with the
                                            CARTHAGE PM10 AIR QUALITY SYSTEM                          head house and boot that seals to the                 contingency measures put into action by
                                             DATA VALIDITY AND CERTIFICATION                          elevator; (7) rebuild a water truck to                the consent judgment and this SIP
                                             THROUGH JUNE 30, 2013                                    contain eight thousand gallons of water               revision provide for permanent
                                                                                                      for haul roads; (8) enclose the bed of the            modifications that deal with past and
                                                                                   24-Hour PM10       haul truck that hauls waste fines to                  future exceedances in a manner that
                                                          Date                      exceedance        stock pile area; (9) develop an operation             limits their potential and represent an
                                                                                      (μg/m3)
                                                                                                      and maintenance plan for MDNR                         effective short term and long term
                                           June 23, 2011 .......................                174   approval, and, (10) submit a full                     control strategy for fugitive emissions of
                                           September 9, 2011 ...............                    159   emissions inventory questionnaire for                 coarse particulate matter.
                                           September 26, 2011 .............                     258   the calendar year 2012. The
                                           November 30, 2011 ..............                     192   aforementioned control measures were                  III. Have the requirements for approval
                                           January 16, 2012 ..................                  222   completed according to schedule.                      of a SIP revision been met?
                                                                                                         The consent judgment also includes                    The June 2, 2014, submission has met
                                             After an internal analysis to identify                   contingency measures in the event of an               the public notice requirements for SIP
                                           potential sources of emissions for the                     exceedance of the PM10 NAAQS.                         submissions in accordance with 40 CFR
                                           exceedances, the MDNR Air Pollution                        Contingency measures include                          51.102. The submission also satisfied
                                           Control Program contacted CCL                              investigating and addressing any                      the completeness criteria of 40 CFR part
                                           regarding their operations at the facility.                exceedance to the extent possible in a                51, appendix V. In addition, the revision
                                           On June 8, 2012, CCL proposed                              timely manner including a detailed                    meets the substantive SIP requirements
                                           additional control measures that were                      report to the MDNR Air Pollution                      of the CAA, including section 110 and
                                           necessary due to malfunctioning                            Control Program within ten days.                      implementing regulations.
                                           equipment and processing issues at the                     Additional contingency measures
                                           facility.                                                  outlined in the consent judgment are to               IV. What action is EPA taking?
                                                                                                      be reported no later than ninety days                    EPA is taking direct final action to
                                           II. What is being addressed in this                                                                              approve this SIP revision. We are
                                                                                                      after the calendar quarter in which the
                                           document?                                                                                                        publishing this rule without a prior
                                                                                                      monitoring data was measured.
                                             EPA is taking direct final action to                        In addition to the measures outlined               proposed rule because we view this as
                                           approve a revision to the SIP submitted                    in the consent judgment, CCL has                      a noncontroversial action and anticipate
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                                           by the State of Missouri on June 2, 2014.                  voluntarily agreed to participate in a                no adverse comment. However, in the
                                           Missouri requested that EPA approve                        near-real-time PM10 concentration alarm               ‘‘Proposed Rules’’ section of this
                                           Americold Logistics, LLC, Carthage                         notification system for monitored                     Federal Register, we are publishing a
                                           Crushed Limestone (CCL) consent                            hourly PM10 levels that exceed the 150                separate document that will serve as the
                                           judgment for inclusion into the Missouri                   mg/m3. This activity is strictly voluntary            proposed rule to approve this SIP
                                           SIP. The consent judgment between the                      and the MDNR Air Pollution Control                    revision, if adverse comments are


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                                           4888             Federal Register / Vol. 81, No. 18 / Thursday, January 28, 2016 / Rules and Regulations

                                           received on this direct final rule. We                     • Is certified as not having a                      the Comptroller General of the United
                                           will not institute a second comment                     significant economic impact on a                       States prior to publication of the rule in
                                           period on this action. Any parties                      substantial number of small entities                   the Federal Register. A major rule
                                           interested in commenting must do so at                  under the Regulatory Flexibility Act (5                cannot take effect until 60 days after it
                                           this time. For further information about                U.S.C. 601 et seq.);                                   is published in the Federal Register.
                                           commenting on this rule, see the                           • Does not contain any unfunded                     This action is not a ‘‘major rule’’ as
                                           ADDRESSES section of this document. If                  mandate or significantly or uniquely                   defined by 5 U.S.C. 804(2).
                                           EPA receives adverse comment, we will                   affect small governments, as described                    Under section 307(b)(1) of the CAA,
                                           publish a timely withdrawal in the                      in the Unfunded Mandates Reform Act                    petitions for judicial review of this
                                           Federal Register informing the public                   of 1995 (Pub. L. 104–4);                               action must be filed in the United States
                                           that this direct final rule will not take                  • Does not have Federalism                          Court of Appeals for the appropriate
                                           effect. We will address all public                      implications as specified in Executive                 circuit by March 28, 2016. Filing a
                                           comments in any subsequent final rule                   Order 13132 (64 FR 43255, August 10,                   petition for reconsideration by the
                                           based on the proposed rule.                             1999);                                                 Administrator of this final rule does not
                                           V. Incorporation by Reference                              • Is not an economically significant                affect the finality of this action for the
                                                                                                   regulatory action based on health or                   purposes of judicial review nor does it
                                             In this rule, EPA is finalizing                       safety risks subject to Executive Order
                                           regulatory text that includes                                                                                  extend the time within which a petition
                                                                                                   13045 (62 FR 19885, April 23, 1997);                   for judicial review may be filed, and
                                           incorporation by reference. In                             • Is not a significant regulatory action
                                           accordance with requirements of 1 CFR                                                                          shall not postpone the effectiveness of
                                                                                                   subject to Executive Order 13211 (66 FR                such rule or action. This action may not
                                           51.5, EPA is finalizing the incorporation               28355, May 22, 2001);
                                           by reference of the Missouri Source                                                                            be challenged later in proceedings to
                                                                                                      • Is not subject to requirements of                 enforce its requirements. (See section
                                           Specific Permits and Orders described
                                                                                                   section 12(d) of the National                          307(b)(2)).
                                           in the direct final amendments to 40
                                                                                                   Technology Transfer and Advancement
                                           CFR part 52 set forth below. EPA has                                                                           List of Subjects in 40 CFR Part 52
                                                                                                   Act of 1995 (15 U.S.C. 272 note) because
                                           made, and will continue to make, these
                                                                                                   application of those requirements would
                                           documents generally available                                                                                    Environmental protection, Air
                                                                                                   be inconsistent with the CAA; and
                                           electronically through                                                                                         pollution control, Carbon monoxide,
                                                                                                      • Does not provide EPA with the                     Incorporation by reference,
                                           www.regulations.gov and at the
                                                                                                   discretionary authority to address, as                 Intergovernmental relations, Nitrogen
                                           appropriate EPA office (see the
                                                                                                   appropriate, disproportionate human                    dioxide, Particulate matter, Reporting
                                           ADDRESSES section of this preamble for
                                           more information).                                      health or environmental effects, using                 and recordkeeping requirements, Sulfur
                                                                                                   practicable and legally permissible                    oxides.
                                           VI. Statutory and Executive Order                       methods, under Executive Order 12898
                                           Reviews                                                 (59 FR 7629, February 16, 1994).                         Dated: January 11, 2016.
                                                                                                      The SIP is not approved to apply on                 Mark Hague,
                                             Under the CAA, the Administrator is
                                           required to approve a SIP submission                    any Indian reservation land or in any                  Regional Administrator, Region 7.
                                           that complies with the provisions of the                other area where EPA or an Indian tribe
                                                                                                   has demonstrated that a tribe has                        For the reasons stated in the
                                           Act and applicable Federal regulations.
                                                                                                   jurisdiction. In those areas of Indian                 preamble, EPA amends 40 CFR part 52
                                           42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                                                                   country, the rule does not have tribal                 as set forth below:
                                           Thus, in reviewing SIP submissions,
                                           EPA’s role is to approve state choices,                 implications and will not impose
                                                                                                                                                          PART 52—APPROVAL AND
                                           provided that they meet the criteria of                 substantial direct costs on tribal
                                                                                                                                                          PROMULGATION OF
                                           the CAA. Accordingly, this action                       governments or preempt tribal law as
                                                                                                                                                          IMPLEMENTATION PLANS
                                           merely approves state law as meeting                    specified by Executive Order 13175 (65
                                           Federal requirements and does not                       FR 67249, November 9, 2000).
                                                                                                      The Congressional Review Act, 5                     ■ 1. The authority citation for part 52
                                           impose additional requirements beyond
                                                                                                   U.S.C. 801 et seq., as added by the Small              continues to read as follows:
                                           those imposed by state law. For that
                                           reason, this action:                                    Business Regulatory Enforcement                            Authority: 42 U.S.C. 7401 et seq.
                                             • Is not a significant regulatory action              Fairness Act of 1996, generally provides
                                           subject to review by the Office of                      that before a rule may take effect, the                Subpart AA—Missouri
                                           Management and Budget under                             agency promulgating the rule must
                                           Executive Orders 12866 (58 FR 51735,                    submit a rule report, which includes a                 ■ 2. Section 52.1320(d) is amended by
                                           October 4, 1993) and 13563 (76 FR 3821,                 copy of the rule, to each House of the                 adding entry (30) at the end of the table
                                           January 21, 2011);                                      Congress and to the Comptroller General                to read as follows:
                                             • Does not impose an information                      of the United States. EPA will submit a
                                                                                                                                                          § 52.1320    Identification of plan.
                                           collection burden under the provisions                  report containing this action and other
                                           of the Paperwork Reduction Act (44                      required information to the U.S. Senate,               *       *     *     *     *
                                           U.S.C. 3501 et seq.);                                   the U.S. House of Representatives, and                     (d) * * *
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                                                              Federal Register / Vol. 81, No. 18 / Thursday, January 28, 2016 / Rules and Regulations                                                                                       4889

                                                                                       EPA-APPROVED MISSOURI SOURCE-SPECIFIC PERMITS AND ORDERS
                                                                                                                                                               State effective
                                                                  Name of source                                           Order/Permit No.                                                   EPA Approval date                      Explanation
                                                                                                                                                                    date


                                                  *                  *                  *                                       *                                       *                          *                               *
                                           (30) Americold Logistics, LLC 24-Hour Particulate                        Consent Judgment 14AP–                                  4/27/14     1/28/16, [insert Federal               ........................
                                             Matter (PM10) National Ambient Air Quality                               CC00036.                                                            Register citation].
                                             (NAAQS) Consent Judgment.



                                           [FR Doc. 2016–01660 Filed 1–27–16; 8:45 am]                     action was proposed in the Federal                                       some may not be publicly available in
                                           BILLING CODE 6560–50–P                                          Register on November 24, 2015 and                                        either location (e.g., CBI). To inspect the
                                                                                                           concerns rules regulating Vehicle                                        hard copy materials, please schedule an
                                                                                                           Scrapping, Employee Trip Reduction,                                      appointment during normal business
                                           ENVIRONMENTAL PROTECTION                                        and procedures for the hearing board                                     hours with the contact listed in the FOR
                                           AGENCY                                                          concerning variances and subpoenas.                                      FURTHER INFORMATION CONTACT section.
                                                                                                           The submitted SCAQMD rules are                                           FOR FURTHER INFORMATION CONTACT:
                                           40 CFR Part 52                                                  discretionary and this disapproval does                                  Idalia Pérez, EPA Region IX, (415) 972–
                                           [EPA–R09–OAR–2015–0545; FRL–9941–72–                            not reveal a deficiency in the SIP.                                      3248, perez.idalia@epa.gov.
                                           Region 9]                                                       DATES: Effective Date: This rule is                                      SUPPLEMENTARY INFORMATION:
                                                                                                           effective on February 29, 2016.                                          Throughout this document, ‘‘we,’’ ‘‘us’’
                                           Disapproval of California Air Plan                              ADDRESSES: The EPA has established                                       and ‘‘our’’ refer to the EPA.
                                           Revisions, South Coast Air Quality                              docket number EPA–R09–OAR–2015–
                                           Management District                                             0545 for this action. Generally,                                         Table of Contents
                                           AGENCY:  Environmental Protection                               documents in the docket for this action
                                                                                                                                                                                    I. Proposed Action
                                           Agency (EPA).                                                   are available electronically at                                          II. Public Comments and EPA Responses
                                           ACTION: Final rule.                                             www.regulations.gov or in hard copy at                                   III. EPA Action
                                                                                                           EPA Region IX, 75 Hawthorne Street,                                      IV. Statutory and Executive Order Reviews
                                           SUMMARY:   The Environmental Protection                         San Francisco, California 94015–3901.
                                           Agency (EPA) is finalizing disapproval                          While all documents in the docket are                                    I. Proposed Action
                                           of revisions to the South Coast Air                             listed at www.regulations.gov, some                                         On November 24, 2015 (80 FR 73156),
                                           Quality Management District                                     information may be publicly available                                    the EPA proposed to disapprove the
                                           (SCAQMD) portion of the California                              only at the hard copy location (e.g.,                                    following rules that were submitted for
                                           State Implementation Plan (SIP). This                           copyrighted material, large maps), and                                   incorporation into the California SIP.

                                                                                                                                                                                                                    Adopted or
                                                     Local agency                               Rule #                                                    Rule title                                                                   Submitted
                                                                                                                                                                                                                     amended

                                           SCAQMD     ....................................              1610     Old-Vehicle Scrapping ....................................................................         05/09/97    ..    06/03/97
                                           SCAQMD     ....................................              2202     On-Road Motor Vehicle Mitigation Options ....................................                      10/09/98    ..    06/03/99
                                           SCAQMD     ....................................             503.1     Ex Parte Petitions for Variances ....................................................              02/05/88    ..    02/07/89
                                           SCAQMD     ....................................               504     Rules from which Variances Are Not Allowed ...............................                         01/05/90    ..    05/13/91
                                           SCAQMD     ....................................             511.1     Subpoenas ......................................................................................   02/05/88   ...    02/07/89



                                             We proposed to disapprove these                               with the Section (g)(1) requirement that                                    We proposed to disapprove the SIP
                                           rules because some rule provisions do                           vehicles be driven under their own                                       revision for Rules 503.1 and 504
                                           not satisfy the requirements of section                         power to the scrapping site.                                             because they conflict with CAA sections
                                           110 and part D of the Act.                                        5. There is no requirement to                                          110(a) and (i) and fail to address that a
                                             We proposed to disapprove the SIP                             maintain records for the life of Mobile                                  state- or district-issued variance has no
                                           revision for Rule 1610 based at least in                        Source Emission Reduction Credits.                                       effect on enforcing the underlying
                                           part on the following deficiencies:                               We proposed to disapprove the SIP
                                                                                                           revision for Rule 2202 based at least in                                 federal requirement unless the variance
                                             1. The Section (e)(2) requirement that                                                                                                 is submitted to and approved by EPA as
                                           engines of scrapped vehicles be                                 part on the following deficiencies:
                                                                                                             1. Per Section (f)(1), the rule relies on                              a SIP revision.
                                           destroyed is insufficiently federally
                                                                                                           Regulation XVI, which is not currently                                      We proposed to disapprove the SIP
                                           enforceable for various reasons.
                                                                                                           in the SIP.                                                              revision for Rule 511.1 to avoid
                                             2. The Section (f)(2)(A) requirement                            2. Per Section (f)(3), the rule relies on
                                           that the vehicle be registered for two                                                                                                   potential conflict with EPA’s
                                                                                                           the Air Quality Investment Program                                       independent authorities provided in
                                           years within SCAQMD is not fully                                (Rule 2501), which is not currently in
                                           enforceable by allowing the Executive                                                                                                    CAA section 113, section 114 and
                                                                                                           the SIP.
                                           Officer to approve different                                      3. Per Section (f)(4), the rule relies on                              elsewhere.
                                           documentation.                                                                                                                              Our proposed action contains more
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                                                                                                           emission reduction strategies approved
                                             3. The Section (g) requirement of a                           on a case-by-case basis by the Executive                                 information on the basis for this
                                           visual and functional inspection of the                         Officer.                                                                 rulemaking and on our evaluation of the
                                           vehicle has no recordkeeping                                      4. Per Section (g)(4), the rule relies on                              submittal.
                                           requirements.                                                   vehicle miles travelled reduction
                                             4. There is no recordkeeping                                  programs approved on a case-by-case
                                           requirement to demonstrate compliance                           basis by the Executive Officer.


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Document Created: 2018-02-02 12:40:57
Document Modified: 2018-02-02 12:40:57
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis direct final rule will be effective March 28, 2016, without further notice, unless EPA receives adverse comment by February 29, 2016. If EPA receives adverse comment, we will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.
ContactHeather Hamilton, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at 913-551-7039 or by email at [email protected]
FR Citation81 FR 4886 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides

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