[Federal Register Volume 84, Number 127 (Tuesday, July 2, 2019)]
[Proposed Rules]
[Pages 31541-31542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13372]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2019-0328; FRL-9995-32-Region 7]


Air Plan Approval; Missouri; Rescission of Information on Sales 
of Fuels To Be Provided and Maintained and Certain Coals To Be Washed

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve two State Implementation Plan (SIP) revision submissions from 
the State of Missouri. In these submissions, the State requested that 
two rules relating to the sales of fuel and coal washing be rescinded 
from the Missouri SIP. The EPA received both submissions on December 4, 
2018, and received supplemental information for both submissions on May 
6, 2019. The EPA reviewed the submissions and supplemental information 
and determined that rescission of these rules from the SIP does not 
impact the stringency of the SIP or air quality and is proposing to 
rescind the rules from the Missouri SIP. Approval of the submissions 
will ensure consistency between state and federally approved rules and 
is being done in accordance with the requirements of the Clean Air Act 
(CAA).

DATES: Comments must be received on or before August 1, 2019.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2019-0328 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: Tracey Casburn, Environmental 
Protection Agency, Region 7 Office, Air Quality Development Branch, 
11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 
551-7016; 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 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-
0328, 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 two submissions requesting revision 
of the Missouri SIP, received on December 4, 2018. Supplemental 
information for both submissions was received on May 6, 2019. In the 
submissions, the State requested that two rules, found at Title 10, 
Division 10 of the code of state regulations (CSR)-10 CSR 10-5.120 
Information on Sales of Fuels to be Provided and Maintained and 10 CSR 
10-5.130 Certain Coals to be Washed- be rescinded from the Missouri 
SIP.

[[Page 31542]]

This document and the technical support document (TSD) that is a part 
of this docket describes the EPA's rational to approve the state's 
submissions.

III. 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 of the revisions from June 15, 2018, to 
September 6, 2018, and held a public hearing on August 30, 2018. The 
State received and addressed one comment. The comment was from the EPA 
and was general in nature. No changes were made to the proposal to 
rescind the rules in response to the EPA's comment. As explained in 
more detail in the TSD which is part of this docket, the SIP revision 
submission meets the substantive requirements of the CAA, including 
section 110 and implementing regulations.

IV. What action is the EPA taking?

    The EPA is proposing to amend the Missouri SIP by rescinding 10 CSR 
10-5.120 Information on Sales of Fuels to be Provided and Maintained 
and 10 CSR 10-5.130 Certain Coals to be Washed.
    Approval of these revisions will ensure consistency between state 
and federally-approved rules. These rescissions will not impact air 
quality since the rules do not effectively limit emissions or the 
amount of fuel that can be burned and do not function to achieve 
attainment or maintenance of the National Ambient Air Quality Standards 
(NAAQS).
    The EPA is processing this as a proposed action because we are 
soliciting comments on the action. Final rulemaking will occur after 
consideration of any comments.

V. Incorporation by Reference

    In this document, the EPA is proposing to amend regulatory text 
that includes incorporation by reference. As described in the proposed 
amendments to 40 CFR part 52 set forth below, the EPA is proposing to 
remove provisions of the EPA-Approved Missouri Regulations from the 
Missouri State Implementation Plan, which is incorporated by reference 
in accordance with the requirements of 1 CFR part 51. The EPA has made, 
and will continue to make the State Implementation Plan 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 the EPA or an Indian tribe has demonstrated 
that a tribe has jurisdiction. In those areas of Indian country, the 
rule does not have tribal implications and will not impose substantial 
direct costs on tribal governments or preempt tribal law as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Certain coals to 
be washed, Incorporation by reference, Information on fuel sales, 
Particulate matter, Rescission, Sulfur dioxide.

    Dated: June 18, 2019.
James Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA proposes to amend 
40 CFR part 52 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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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 removing 
entries ``10-5.120'' and ``10-5.130'' under the heading ``Chapter 5-- 
Air Quality Standards and Air Pollution Control Regulations for the St. 
Louis Metropolitan Area''.
[FR Doc. 2019-13372 Filed 7-1-19; 8:45 am]
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