[Federal Register Volume 84, Number 235 (Friday, December 6, 2019)]
[Proposed Rules]
[Pages 66853-66855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26280]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2019-0662; FRL-10002-66-Region 7]


Air Plan Approval; Missouri; Restriction of Emissions From Batch-
Type Charcoal Kilns

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Missouri State Implementation Plan (SIP) 
received on March 7, 2019. The submission revises a Missouri regulation 
that establishes emission limits for batch-type charcoal kilns based on 
operational parameters to reduce emissions of particulate matter 
(PM10), volatile organic compounds (VOCs) and carbon 
monoxide (CO).

[[Page 66854]]

Specifically, the revisions to the rule add definitions specific to the 
rule, update references to test methods, remove the unnecessary use of 
restrictive words, remove an obsolete requirement which applied only 
during the phase-in period of the rule that ended December 31, 2005, 
clarify a provision for an alternative operating temperature, and make 
other minor edits. These revisions are administrative in nature and do 
not impact the stringency of the SIP or air quality. Approval of these 
revisions will ensure consistency between state and federally-approved 
rules.

DATES: Comments must be received on or before January 6, 2020.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2019-0662 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 Planning 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 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-
0662, 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 state revised title 10, division 10 of the code of state 
regulations, 10 CSR 10-6.330 ``Restriction of Emissions from Batch-Type 
Charcoal Kilns'', which establishes emission limits for batch-type 
charcoal kilns based on operational parameters to reduce emissions of 
PM10, VOCs and CO. 10 CSR 10-6.330 is SIP approved in the 
Code of Federal Regulations at 40 CFR 52.1320(c). The State submitted 
its revisions to 10 CSR 10-6.330 to the EPA as a SIP revision on March 
7, 2019. In this action, the EPA is proposing to approve revisions to 
the Missouri SIP received on March 7, 2019.
    The revisions are administrative in nature and do not impact air 
quality. The EPA's analysis of the revisions can be found in the 
technical support document (TSD) included in this docket.

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 August 1, 2018, to 
October 4, 2018, and held a public hearing on September 27, 2018. The 
state received and addressed four comments. 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 EPA taking?

    The EPA is proposing to amend the Missouri SIP by approving the 
State's request to revise 10 CSR 10-6.330,''Restriction of Emissions 
From Batch-Type Charcoal Kilns.'' 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.
    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 include regulatory text 
in an EPA final rule that includes incorporation by reference. In 
accordance with the requirements of 1 CFR 51.5, the EPA is proposing to 
incorporate by reference the Missouri State Implementation Plan and 
Supplemental modeling analyses 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 Clean Air Act (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, if 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);

[[Page 66855]]

     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 in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Particulate matter, Volatile organic 
compounds.

    Dated: December 2, 2019.
James Gulliford,
Regional Administrator, Region 7.

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

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 ``10-6.330'' 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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                                                  * * * * * * *
10-6.330...............  Restriction of            3/30/2019  [Date of publication of
                          Emissions From                       the final rule in the
                          Batch-type                           Federal Register],
                          Charcoal Kilns.                      [Federal Register
                                                               citation of the final
                                                               rule].
 
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[FR Doc. 2019-26280 Filed 12-5-19; 8:45 am]
 BILLING CODE 6560-50-P