[Federal Register Volume 84, Number 112 (Tuesday, June 11, 2019)]
[Proposed Rules]
[Pages 27055-27057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12217]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R07-OAR-2019-0300; FRL-9994-80-Region 7]
Air Plan Approval; Missouri; Revision to Emission Data, Emission
Fees and Process Information Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval of a State Implementation Plan (SIP) and Operating Permits
Program revision submitted by the State of Missouri on January 15,
2019. The revisions add definitions, removes language referring to
outdated emission fees, and updates incorporations by reference in the
rule. The revision is administrative in nature and does not have an
adverse effect on air quality. The EPA's proposed approval of this rule
revision is being done in accordance with the requirements of the Clean
Air Act (CAA).
DATES: Comments must be received on or before July 11, 2019.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2019-0300 to https://www.regulations.gov. Follow the online
instructions for submitting comments.
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received will be posted without
change to https://www.regulations.gov/, including any personal
information provided. For detailed instructions on sending comments and
additional information on the rulemaking process, see the ``Written
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this
document.
FOR FURTHER INFORMATION CONTACT: Jonathan Meyer, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-
7140; email address [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.
Table of Contents
I. Written Comments
II. What is being addressed in this document?
III. Have the requirements for approval of a SIP revision and
Operating Permits Program been met?
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2019-
0300, 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 a revision to Missouri's SIP by
approving the state's request to revise 10 CSR 10-6.110, Reporting
Emission Data, Emission Fees, and Process Information, received January
15, 2019. Missouri revised 10 CSR 10-6.110 to correct minor
typographical errors. In addition, section (2) of this rule is revised
to include definitions for:
Missouri Emissions Inventory System (MoEIS)--the online
interface of the state of Missouri's air emissions inventory database.
Point source--a large, stationary (nonmobile),
identifiable source of emissions that releases pollutants into the
atmosphere, that is either a major source under 40 CFR part 70 for the
pollutants for which reporting is required; or a holder of an
intermediate operating permit.
Reporting year--Twelve (12) month calendar year ending
December 31. The reporting requirement for installations with three
(3)-year reporting cycles begins with the 2011 reporting year. The
subsequent reporting years will be every three (3) years following 2011
(i.e., 2014, 2017, 2020, etc.).
Small source--An installation subject to this rule but not
a point
[[Page 27056]]
source as defined in this section of the rule.
The addition of the above definitions to 10 CSR 10-6.110 provides
additional context to requirements of the rule that were not previously
defined but do no impact the applicability of the requirements of the
rule.
Section (3)(A)1. revised the emission fees section, which is
approved under the Operating Permits Program only, and removes language
that applied to emissions fees prior to January 1, 2016. No changes
were made to the emission fees in the rule.
Section (3)(B) is revised to update incorporation by reference of
AP-42 (Environmental Protection Agency Compilation of Air Pollution
Emission Factors) as published by the EPA in August 2018 and FIRE
(Factor Information Retrieval System) as published by EPA August 2017.
Section (3)(C)4.B. was revised to update incorporation by reference
of 40 CFR 52.21 as promulgated by EPA as of July 1, 2018.
Section (4)(C)2. was revised to clarify that an installation that
does not submit a full emissions report is required to submit a reduced
reporting form. The revised language does not alter the requirements of
the rule.
Section (4)(C)7. was removed from the rule and no longer requires
revised Emissions Inventory Questionnaires to be presented to the
regulated community for a forty-five-day comment period.
The above revisions to 10 CSR 10-6.110 are administrative in
nature, update incorporation by reference, or provide additional
context to regulatory language without altering applicability of the
rule and does not impact air quality. Therefore, the EPA proposes to
approve the above revisions to 10 CSR 10-6.110.
III. Have the requirements for approval of a SIP revision and Operating
Permits Program been met?
The state submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. The
state provided public notice on this SIP revision from June 25, 2018,
to August 2, 2018, and received comments from the EPA and a regulated
entity. The state adequately addressed the public comments. In
addition, the revision meets the substantive SIP requirements of the
CAA, including section 110 and implementing regulations.
IV. What action is the EPA taking?
We are proposing to approve the revisions to Missouri's SIP and
Missouri's Operating Permits Program by approving the state's request
to revise 10 CSR 10-6.110, Reporting Emission Data, Emission Fees, and
Process Information.
V. Incorporation by Reference
In this document, the EPA is proposing to include regulatory text
in an EPA final rule that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference the Missouri Regulations described in the
proposed amendments to 40 CFR part 52 set forth below. The EPA has
made, and will continue to make, these materials generally available
through www.regulations.gov and at the EPA Region 7 Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information).
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, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; 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).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
Reporting and recordkeeping requirements.
Dated: June 6, 2019.
James Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA proposes to amend
40 CFR parts 52 and 70 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.
[[Page 27057]]
Subpart AA--Missouri
0
2. In Sec. 52.1320, the table in paragraph (c) is amended by revising
the entry ``10-6.110'' 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 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
Regulations for the State of Missouri
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* * * * * * *
10-6.110................... Reporting Emission 1/30/2019 [Date of publication Section (3)(A),
Data, Emission Fees, of the final rule in Emissions Fees, has
and Process the Federal not been approved as
Information. Register], [Federal part of the SIP.
Register citation of
the final rule].
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* * * * *
PART 70--STATE OPERATING PERMIT PROGRAMS
0
3. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
0
4. Appendix A to part 70 is amended by adding new paragraph (hh) under
``Missouri'' to read as follows: Missouri
* * * * *
(hh) The Missouri Department of Natural Resources submitted
revisions to Missouri rule 10 CSR 10-6.110, ``Reporting Emission
Data, Emission Fees, and Process Information'' on January 15, 2019.
The state effective date is January 30, 2019. Approval of Section
3(A) of 10 CSR 10-6.110 is effective [date 30 days after date of
publication of the final rule in the Federal Register].
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[FR Doc. 2019-12217 Filed 6-10-19; 8:45 am]
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