[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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     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