[Federal Register Volume 85, Number 24 (Wednesday, February 5, 2020)]
[Rules and Regulations]
[Pages 6430-6431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01300]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2019-0662; FRL-10004-63-Region 7]
Air Plan Approval; Missouri; Restriction of Emissions From Batch-
Type Charcoal Kilns
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
Missouri State Implementation Plan (SIP) revision 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).
Specifically, the revisions to the rule add definitions specific to the
rule, update references to test methods, remove unnecessary 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: This final rule is effective on March 6, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2019-0662. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, i.e., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through https://www.regulations.gov or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional information.
FOR FURTHER INFORMATION CONTACT: Tracey Casburn, Environmental
Protection Agency, Region 7 Office, Air Quality and 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 EPA.
Table of Contents
I. Background
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. Background
On December 6, 2019, the EPA proposed approval to revise the SIP
revisions to a State rule that restricts emissions from batch-type
charcoal kilns in the Federal Register. See 84 FR 66853. The EPA
solicited comments on the proposed SIP revision and received no
comments.
II. What is being addressed in this document?
The EPA is approving a request to revise the Missouri SIP received
on March 7, 2019. Missouri requested that the EPA approve revisions it
made to a State rule found at title 10, division 10 of the code of
state regulations--10 CSR 10-6.330 ``Restriction of Emissions from
Batch-Type Charcoal Kilns''. A detailed discussion of the submission,
and the EPA's review of it, was provided in the EPA's December 6, 2019,
notice of proposed rulemaking document published in the Federal
Register. See 84 FR 66853. The EPA received no comments during the
public comment period.
III. Have the requirements for approval of a SIP revision been met?
The State submission met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission 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 technical support document (TSD) which is part of this docket, the
SIP revision submission meets the substantive requirements of the Clean
Air Act (CAA), including section 110 and implementing regulations.
IV. What action is the EPA taking?
The EPA is ammending 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.
V. Incorporation by Reference
In this document, the EPA is approving 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 incorporating 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,
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
[[Page 6431]]
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 in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Particulate matter, Volatile organic
compounds.
Dated: January 21, 2020.
James Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA is ammending 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 ``10-6.330'' 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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* * * * * * *
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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......................... Restiction of 3/30/2019 2/5/2020, [insert Federal Register citation]..........
Emissions From
Batch-type
Charcoal Kilns.
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[FR Doc. 2020-01300 Filed 2-4-20; 8:45 am]
BILLING CODE 6560-50-P