[Federal Register Volume 85, Number 32 (Tuesday, February 18, 2020)]
[Proposed Rules]
[Pages 8791-8793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03073]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2020-0011; FRL-10005-43-Region 7]


Air Plan Approval; Missouri; Control of Nitrogen Oxide Emissions 
From Portland Cement 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 February 15, 2019. The submission revises a Missouri 
regulation that establishes nitrogen oxide (NOX) control 
equipment and NOX emission levels for Portland cement kilns. 
Specifically, the revisions add a definition, remove obsolete dates, 
update references to test methods, clarify rule language, remove 
unnecessary words, and make other minor edits. These revisions do not 
impact the stringency of the SIP and do not impact air quality. 
Approval of these revisions will ensure consistency between State and 
federally-approved rules.

DATES: Comments must be received on or before March 19, 2020.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2020-0011 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 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-2020-
0011, 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

[[Page 8792]]

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 10-6.380 ``Control of NOX Emissions from 
Portland Cement Kilns'', which establishes NOX control 
equipment and NOX emission levels for Portland cement kilns. 
Specifically, the revisions add a definition, remove obsolete dates, 
update references to test methods, clarify rule language, remove 
unnecessary words, and make other minor edits. 10 CSR 10-6.380 is SIP 
approved in the Code of Federal Regulations at 40 CFR 52.1320(c). The 
State submitted its revisions to 10 CSR 10-6.380 to the EPA as a SIP 
revision on February 15, 2019. In this action, the EPA is proposing to 
approve the revisions. 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 July 30, 2018, to 
September 6, 2018, and held a public hearing on August 30, 2018. The 
State received and addressed comments from the EPA. 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 the EPA taking?

    The EPA is proposing to amend the Missouri SIP by approving the 
State's request to revise 10 CSR 10-6.380,''Control of NOX 
Emissions From Portland Cement 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 rule, the EPA is proposing to include regulatory text that 
includes incorporation by reference. In accordance with the 
requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the State's rule as 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, 
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);
     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, Incorporation by 
reference, Nitrogen oxide, Portland cement kilns.

    Dated: February 11, 2020.
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 
entry ``10-6.380'' to read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (c) * * *

[[Page 8793]]



                                        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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                                                  * * * * * * *
10-6.380.....................  Control of NOX        2/28/2019  [Date of publication  ..........................
                                Emissions From                   of the final rule
                                Portland                         in the Federal
                                Cement Kilns.                    Register], [Federal
                                                                 Register citation
                                                                 of the final rule].
 
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[FR Doc. 2020-03073 Filed 2-14-20; 8:45 am]
 BILLING CODE 6560-50-P