[Federal Register Volume 84, Number 123 (Wednesday, June 26, 2019)]
[Proposed Rules]
[Pages 30068-30071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13373]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R07-OAR-2019-0325; FRL-9995-35-Region 7]
Approval of Air Quality Improvement Plan, Operating Permits
Program, and 112(l) Plan; Missouri; Operating Permits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval of revisions to the State Implementation Plan (SIP), the
Operating Permit Program (OPP), and the 112(l) plan submitted on March
7, 2019, by the State of Missouri. The submission revises Missouri's
regulations relating to the requirement for sources of air contaminants
to obtain operating permits and to establish procedures for sources of
air contaminants to obtain and comply with operating permits. These
revisions are primarily administrative in nature and do not impact the
stringency of the SIP, the OPP, or the 112(l) plan. Specifically, the
revisions correct references, change the term ``regulated pollutant''
to ``regulated air pollutant'', removes unnecessary words, and add
definitions. Approval of these revisions will not impact air quality
and ensures Federal enforceability of the State's rules.
DATES: Comments must be received on or before July 26, 2019.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2019-0325 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
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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: Deborah Bredehoft, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-
7164; 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. What part 52 revision is the EPA approving?
IV. What part 70 revision is the EPA approving?
V. What 112(l) revision is the EPA approving?
VI. Have the requirements for approval of a SIP revision been met?
VII. What action is the EPA taking?
VIII. Incorporation by Reference
IX. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2019-
0325, 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 State
Implementation Plan (SIP) that were submitted to EPA on March 7, 2019.
The SIP revises Missouri's regulation, Title 10 Code of State
Regulations (10 CSR) 10-6.065, ``Operating Permits'', which requires
sources of air contaminants to obtain operating permits and establishes
procedures for obtaining and complying with operating permits. The
revisions correct references, change the term ``regulated pollutant''
to ``regulated air pollutant'' to match the Federal use of the term,
exempt minor permit modification applications from the public noticing
requirement, add definitions specific to the regulatory text of 10 CSR
10-6.065, and make administrative updates. Additionally, Missouri's
submission included removal of two sections that were not approved into
the SIP or under part 70. These two sections are the basic state
operating permit program and the requirement for certain greenhouse gas
sources to have permits. The removal of these sections primarily
impacts organization and section specific references. The EPA's
analysis of the SIP, part 70 and 112(l) revision can be found in the
Technical Support Document (TSD) included in this docket.
III. What part 52 revision is the EPA approving?
The EPA is proposing approval of requested revisions to the
Missouri SIP relating to 10 CSR 10-6.065--Operating Permits.
Specifically, the EPA is proposing to approve sections (1), (2), (3),
(4), and (6) as they pertain to the intermediate state operating permit
program in Missouri's SIP. The revisions include correcting references;
adding definitions specific to this specific section of the regulatory
text; and making administrative updates. The EPA has conducted analysis
on the state's revisions and has found that the revisions would not
impact air quality, ensures consistency between the state and
federally-approved rules, and ensures Federal enforceability of the
State's rules. Additional information on the EPA's analysis can be
found in the Technical Support Document (TSD) included in this docket.
IV. What part 70 revision is the EPA approving?
The EPA is proposing approval of requested revisions to the
Missouri Operating Permit Program relating to 10 CSR 10-6.065--
Operating Permits. Specifically, the EPA is proposing approval of
sections (1), (2), (3), (5) and (6) as they pertain to the Missouri
Title V operating permit program. The revisions include correcting
references; changing the term ``regulated pollutant'' to ``regulated
air pollutant'' to match the Federal use of the term; adding
definitions specific to this specific section of the regulatory text;
and making administrative updates. The EPA has conducted analysis on
the state's revisions and has found that the revisions would not impact
air quality, ensures consistency between the state and federally-
approved rules, and ensures Federal enforceability of the State's
rules. Additional information on the EPA's analysis can be found in the
TSD included in this docket.
V. What 112(l) revision is the EPA approving?
Missouri's submission indicated that the revisions made to 10 CSR
10-6.065 ``include any revisions necessary to retain 112(l) approval
under the Clean Air Act.'' The John S. Seitz Memo of April 13, 1993,
titled ``Title V Program Approval Criteria for Section 112
Activities,'' provides guidance on revisions to state Title V programs
and how they intersect with section 112 requirements. It states, ``As
for part 70 program revisions, no formal amendment to the initial title
V program should typically be needed with respect to section 112
requirements taking effect after the effective date of the program. The
State's up-front commitment and demonstrations (i.e., legal authorities
and mechanisms to adopt additional section 112 requirements) coupled
with the EPA's ability to review individual permits and to audit part
70 programs periodically should provide reasonable assurance of
adequate State implementation.'' The guidance further explains that,
``The State, however, remains responsible for maintaining and enhancing
as necessary its authority to implement section 112, including any new
regulations. In light of the demonstrations and/or commitments required
for part 70 approval, the EPA will presume that a State's request for
approval of its operating permits program will be an implicit request
under section 112(l) for delegation of authority to implement
federally-promulgated section 112 requirements in the same form in
which EPA issues them.'' Our September 25, 1995, 112(l) delegation to
Missouri remains in effect. Per MoDNR's request, we are approving these
revisions under the authority of Clean Air Act (CAA) 112(l).
VI. Have the requirements for approval of a SIP revision been met?
The state submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. The
state provided public notice on this SIP revision from
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August 1, 2018, to October 4, 2018, and received seven (7) comments.
The EPA provided three of the seven comments. The state reviewed and
responded to the comments on February 1, 2019. The state did not revise
any of the regulatory text; however, the state did revise the
Regulatory Impact Report. In addition, as explained above and in more
detail in the technical support document which is part of this
document, the revision meets the substantive SIP requirements of the
CAA, including section 110 and implementing regulations. The submittal
also meets the substantive requirements of title V of the 1990 CAA
Amendments and 40 CFR part 70.
VII. What action is the EPA taking?
The EPA is proposing to amend the Missouri SIP by approving the
State's request to amend 10 CSR 10-6.065, ``Operating Permits.''
Approval of these revisions will ensure consistency between state and
Federally-approved rules. The EPA has determined that these changes
will not adversely impact air quality.
We are processing this as a proposed action because we are
soliciting comments on this proposed action. Final rulemaking will
occur after consideration of any comments.
VIII. 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, 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).
IX. 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);
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 18, 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
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart--AA Missouri
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2. In Sec. 52.1320, the table in paragraph (c) is amended by revising
the entry ``10-6.065'' to read as follows:
Sec. 52.1320 Identification of plan.
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(c)* * *
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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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10-6.065.......................... Operating Permits.... 3/30/2019 [Date of publication of the final rule Section (5) contains provisions
in the Federal Register], [Federal pertaining only to Missouri's Part
Register citation of the final rule]. 70 program and is not approved as a
revision to the SIP.
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PART 70--STATE OPERATING PERMIT PROGRAMS
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3. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
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4. Appendix A to part 70, as proposed to be amended June 11, 2019, at
84 FR 27057, is further amended by adding paragraph (ii) under
``Missouri'' to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
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Missouri
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(ii) The Missouri Department of Natural Resources submitted
revisions to Missouri rule 10 CSR 10-6.065, ``Operating Permits'' on
March 7, 2019. The state effective date is March 30, 2019. The
proposed revision effective date is [DATE 30 DAYS AFTER DATE OF
PUBLICATION OF THE FINAL RULE IN THE Federal Register].
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[FR Doc. 2019-13373 Filed 6-25-19; 8:45 am]
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