[Federal Register Volume 84, Number 232 (Tuesday, December 3, 2019)]
[Proposed Rules]
[Pages 66096-66098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26002]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2019-0656; FRL-10002-64-Region 7]
Air Plan Approval; Missouri; Sampling Methods for Air Pollution
Sources
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) submitted
by the State of Missouri to EPA on October 25, 2019. The purpose of the
revisions is to provide a more efficient way to perform emissions
sampling on air pollution sources throughout Missouri. The State is
requesting approval of incorporating by reference the federally defined
methods for stack testing. These proposed revisions are administrative
in nature and do not affect the stringency of the SIP.
DATES: Comments must be received on or before January 2, 2020.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2019-0656 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: Jan Simpson, Environmental Protection
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-7089; 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?
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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-
0656, at https://www.regulations.gov. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
II. What is being addressed in this document?
The EPA is proposing to approve revisions to the Missouri SIP
submitted by the State of Missouri to the EPA on October 25, 2019. The
revisions to the previously federally approved Missouri State rule 10
CSR 10-6.030 Sampling Methods for Air Pollution Sources are
administrative in nature and do not affect the stringency of the SIP.
If approved, the revisions will provide a more efficient way to perform
emissions sampling by incorporating by reference (IBR) federally
promulgated methods.
In sections (1) through subsection (5)(b) and sections (6) through
(16) the State removed the title of the sampling method and added a
reference to the IBR at section (22) of the revised rule. The sampling
method required in each section was not changed. In subsection (5)(c)
through (5)(f) the State removed the title of the sampling method and
added a reference to the IBR at section (21) of the revised rule. The
sampling method required in each subsection was not changed. In section
(17) the State removed the title of the sampling method and added a
reference to the IBR section (23) of the revised rule. The sampling
method required in each section was not changed. At section (20) the
State updated its IBR information and documentation identification.
In order to consolidate IBRs and for ease of updating the IBRs in
the future, the State is adding sections (21), (22) and (23), of the
Federal rule, effective July 1, 2018. Section (21) incorporates by
reference 40 CFR part 51, appendix M ``Recommended Test Methods for
State Implementation Plans''. Section (22) incorporates by reference 40
CFR part 60, appendix A ``Test Methods'', appendix B ``Performance
Specifications'', and appendix F ``Quality Assurance Procedures''.
Section (23) incorporates by reference 40 CFR part 61, appendix B
``Test Methods''.
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 on this SIP revision from May 15, 2018 to
August 2, 2018 and received eight comments. Based on the comments
received the State made revisions to rule text in sections (21), (22),
and (23) that incorporated by reference specific appendices and
subparts. The State provided a second public notice on this SIP
revision from April 15, 2019 to June 6, 2019 and received no comments.
In addition, as explained above, the revision meets the substantive SIP
requirements of the Clean Air Act (CAA), including section 110 and
implementing regulations.
IV. What action is the EPA taking?
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.
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 Regulation 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
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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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: November 22, 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
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart AA--Missouri
0
2. In Sec. 52.1320, the table in paragraph (c) is amended by revising
the entry ``10-6.030'' to read as follows:
Sec. 52.1320 Identification of plan.
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(c)* * *
EPA-Approved Missouri Regulations
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State EPA approval
Missouri citation Title effective date 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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10-6.030...................... Sampling Methods 11/30/2019 January 3, 2020, ...........................
for Air [Federal
Pollution Register
Sources. citation of the
final rule].
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[FR Doc. 2019-26002 Filed 12-2-19; 8:45 am]
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