[Federal Register Volume 85, Number 1 (Thursday, January 2, 2020)]
[Proposed Rules]
[Pages 59-61]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28332]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2019-0658; FRL-10003-16-Region 7]


Air Plan Approval; Missouri; Revisions to the General Conformity 
Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing 
approval of a Missouri State Implementation Plan (SIP) revision 
submitted on February 15, 2019. The submission revises the State's 
general conformity rule. Specifically, the proposed action revises the 
rule to add definitions specific to the rule, remove references to a 
rule that is being rescinded, remove the unnecessary use of restrictive 
words and make other clarifying changes. The revision 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 February 3, 2020.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2019-0658 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: Jed Wolkins, Environmental Protection 
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-7588; 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-
0658, 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 rule 10-
6.300 ``Conformity of General Federal Actions to State Implementation 
Plans.'' There are several proposed revisions to the rule. The proposed 
revisions modify text that Missouri has determined make the rule more 
understandable while retaining the intent of the rule. The following 
changes to the rule have been made:
    10-6.300(1) the title changed from ``General'' to 
``Applicability'';
    10-6.300(1)(B) insertion of ``de minimis'';
    10-6.300(1)(C) change from ``shall'' to ``do'';
    10-6.300(1)(C)2. and 2.V. insertion ``below the'' and ``levels 
identified in subsection (1)(B) of this rule'';
    10-6.300(1)(C)2.H. and I. change from ``required'' to 
``necessary'';
    10-6.300(1)(C)2.J. removal of ``Actions'';
    10-6.300(1)(K) removal of ``shall'';
    10-6.300(2) removal of existing incorporation by reference and 
insertion of rule specific definitions (A) thru (JJ);
    10-6.300(3)(A)1. change from ``shall'' to ``may'';
    10-6.300(3)(E)3. change from ``may'' to ``will'';
    10-6.300(3)(E)4. and (3)(F)1., 2., 3., and 4. change from 
``required'' to ``conducted'';

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    10-6.300(3)(F)2.A.(II) change form ``shall apply'' to ``applies'';
    10-6.300(3)(I)2. change from ``shall'' to ``may'';
    10-6.300(3)(J)2.B. change from ``must not'' to ``cannot'';
    10-6.300(3)(J)3. change from ``they are not required'' to ``they 
are under no obligation'';
    10-6.300(3)(L)2.E. change from ``the time frame for the reductions 
must be specified'' to ``have a specific time frame for the 
reductions'';
    10-6.300(3)(L)3. correction of the spelling of ``credits'';
    10-6.300(3)(L)3.A. and B. change from ``as required in'' to 
``under'';
    10-6.300(4)(C) change from ``shall be'' to ``is''.
    The full text of these changes can be found in the State's 
submission which is in the docket for this action.
    The EPA has analyzed these wording changes, specifically focusing 
on the language changes that might alter the stringency or intent such 
as using ``de minimus'' or changes from ``shall'' to ``may''. Although 
the EPA takes no position regarding whether the altered text is clearer 
to the reader, the EPA finds the full rule language does not alter the 
intent of the rule. For example, 10-6.300(3)(A)1. now reads, ``No 
department, agency, or instrumentality may engage in'' rather than 
``shall engage in''. The EPA believes that the change from ``shall'' to 
``may'' does not alter the intent of the language to prohibit an action 
from occurring. Another example is the insertion of ``de minimus'', 
which refers to a table being used to establish a threshold floor, or 
de minimus level in this context. The EPA believes the use of de 
minimus is appropriate in this context and that this language does not 
alter the intent. Therefore, the EPA does not believe that these 
specific examples and other language changes represent a relaxation of 
the rule.
    Then, Missouri revised its rule to incorporate general conformity 
rule-specific definitions into the rule itself. These added rule 
definitions come from 10-6.020 which is already approved into the SIP. 
The EPA provided one specific comment during the public comment period 
regarding the definition of precursors to fine particulate matter 
(PM2.5).\1\ The EPA asked Missouri to update the State 
general conformity rule to match updates to the Federal general 
conformity rule, 40 CFR part 93. These updates include changes to the 
applicability tables clarifying that volatile organic compounds (VOCs) 
and ammonia (NH3) are presumed precursors of 
PM2.5. Missouri did not change the rule in response to this 
comment. While Missouri did not update the rule to reflect changes to 
the Federal general conformity rule, the EPA believes the SIP revision 
is approvable. The changes to the Federal general conformity rule stem 
from the January 4, 2013, D.C. Circuit Court ruling that we erred when 
not considering the particulate matter-specific provisions of subpart 4 
of part D of title I of the CAA.\2\ In response, on March 23, 2015, we 
proposed the Fine Particulate Matter National Ambient Air Quality 
Standards: State Implementation Plan Requirements (80 FR 15340, March 
23, 2015). In that action, we defined PM2.5 precursors as 
``sulfur dioxide (SO2), oxides of nitrogen (NOX), 
volatile organic compounds (VOC), and ammonia (NH3).'' The 
EPA finalized this rule on August 24, 2016 (81 FR 58010).
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    \1\ The EPA also provided a general comment on several Missouri 
rulemakings around the same time.
    \2\ Natural Resources Defense Council (NRDC) v. EPA, Nos. 08-
1250, 09-1102, 11-1430 (D.C. Circuit 2013).
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    10-6.300(2)(DD)(3)(C) states VOC and NH3 are 
PM2.5 precursors ``only in PM2.5 nonattainment or 
maintenance areas where either the State or the EPA determines that 
they are significant precursors.'' The EPA has now determined that VOC 
and NH3 are PM2.5 precursors presumptively 
subject to regulation, therefore any General Transportation Conformity 
review in a PM2.5 nonattainment or maintenance area in 
Missouri would need to consider VOC and NH3 as 
PM2.5 precursors. This determination that VOC and 
NH3 are precursors to PM2.5 subject to regulation 
applies in any current and future PM2.5 nonattainment or 
maintenance area in the State of Missouri until such time that Missouri 
adequately demonstrates, and the EPA agrees, that these pollutants do 
not need to be regulated in a particular plan despite the fact that 
they are PM2.5 precursors.
    Finally, at 10-6.300(1)A. and (E)1.E.(II), Missouri revised its 
rule to remove a reference to 10-2.390, which has been rescinded. The 
EPA approved rescission of this rule from the Missouri SIP in a 
separate action.\3\
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    \3\ See 84 FR 54035, October 9, 2019.
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    The EPA has evaluated the changes made by Missouri and is proposing 
to approve these changes in the SIP. The EPA believes that these 
changes will not have an adverse impact on air quality.

III. Have the requirements for approval of a SIP revision been met?

    The State's 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 2, 2018 to 
August 2, 2018 and received two public comments, both from the EPA.\4\ 
Missouri's response to our general comment is sufficient. As discussed 
above, while Missouri did not update the rule for the definition of 
precursors of PM2.5, the revision is still approvable. We 
highly encourage Missouri to make such update in the future. The 
revision meets the substantive SIP requirements of the CAA, including 
section 110 and implementing regulations.
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    \4\ Missouri DNR staff also made a comment.
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IV. What action is the EPA taking?

    The EPA is proposing to approve Missouri's revisions to 10-6.300. 
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 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:

[[Page 61]]

     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 the 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: December 19, 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.  52.1230, the table in paragraph (c) is amended by revising 
the entry ``10-6.300'' to read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (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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                                                  * * * * * * *
10-6.300................  Conformity of General       2/28/2019  [Date of publication
                           Federal Actions to                     of the final rule in
                           State Implementation                   the Federal
                           Plans.                                 Register], [Federal
                                                                  Register citation of
                                                                  the final rule].
 
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[FR Doc. 2019-28332 Filed 12-31-19; 8:45 am]
 BILLING CODE 6560-50-P