[Federal Register Volume 86, Number 123 (Wednesday, June 30, 2021)]
[Proposed Rules]
[Pages 34677-34679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13992]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R07-OAR-2021-0416; FRL-10025-54-Region 7]
Air Plan Approval; Missouri; Revision to Emission Data, Emission
Fees and Process Information Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval of a State Implementation Plan (SIP) and Operating Permits
Program revision submitted by the State of Missouri on May 25, 2021.
These revisions update the listed emission reporting years and update
the emissions fee for permitted sources as set by Missouri Statute from
$48 per ton of air pollution emitted annually to $53 in calendar year
2021 and $55 per ton of air pollution emitted annually for emissions in
calendar year 2022 and beyond; effective March 30, 2021.
DATES: Comments must be received on or before July 30, 2021.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2021-0416 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: Jason Heitman, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7664; email address: [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA.
Table of Contents
I. Written Comments
II. Background
III. What is being addressed in this document?
IV. Have the requirements for approval of a SIP and part 70 revision
been met?
V. What action is the EPA proposing to take?
VI. Incorporation by reference
VII. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2021-
0416, 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. Background
The EPA granted full approval of the Missouri Operating Permit
Program effective June 13, 1997 (see 62 FR 26405). Under title 40 Code
of Federal Regulations (CFR) 70.9(a) and (b), an approved state's title
V operating permits program must require that the owners or operators
of part 70 sources pay annual fees, or the equivalent over some other
period, that are sufficient to cover the permit program costs and
ensure that any fee required under 40 CFR 70.9 is used solely for
permit program costs. The fee schedule must result in the collection
and retention of revenues sufficient to cover the permit program
implementation and oversight costs.
Missouri has determined that fee adjustments are needed to offset
the effect of declining revenues and to maintain the solvency of the
Missouri Air Pollution Control Program.
III. What is being addressed in this document?
The EPA is proposing to approve revisions to the Missouri State
Implementation Plan (SIP) and title V Operating Permits Program, 10-
6.110 ``Reporting Emission Data, Emission Fees, and Process
Information,'' submitted to the EPA on May 25, 2021. Revisions to the
program include updating emission reporting years and
[[Page 34678]]
increasing the annual emission fee. The annual emission fee will
increase from $48 per ton of air pollution emitted annually to $53 in
calendar year 2021 and increase again to $55 per ton of air pollution
emitted annually for emissions in calendar year 2022 and beyond;
effective March 30, 2021.
IV. Have the requirements for approval of a SIP and part 70 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 a public comment period for this Operating Permits
Program and SIP revision from August 17, 2020, to October 1, 2020, and
received one comment in support of the revison. The revision meets the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations and is consistent with applicable EPA
requirements in title V of the CAA and 40 CFR part 70.
V. What action is the EPA proposing to take?
The EPA is proposing to approve the state's revision to 10 C.S.R.
10-6.110 ``Reporting Emission Data, Emission Fees, and Process
Information'', submitted by the state of Missouri on May 25, 2021. This
revision updates the emissions fee for permitted sources in section
(3)(A) and the emission reporting years in Table 4 of section (4)(B),
as set by Missouri Statute. Specifically, section (3)(A) revises the
emission fees section, which is approved under the Operating Permits
Program only, and updates the emissions fee for permitted sources as
set by Missouri Statute from $48 per ton of air pollution emitted
annually to $53 in calendar year 2021 and $55 per ton of air pollution
emitted annually for emissions in calendar year 2022 and beyond;
effective March 30, 2021. Additional information on the EPA's analysis
can be found in the Technical Support Document (TSD) included in this
docket.
We are processing this as a proposed action because we are
soliciting comments. Final rulemaking will occur after consideration of
any comments.
VI. 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 Regulation 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).
VII. 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, 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:
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);
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
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Reporting and recordkeeping requirements.
40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
Reporting and recordkeeping requirements.
Dated: June 24,2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA proposes to amend 40
CFR parts 52 and 70 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 ``10-6.110'' to read as follows:
Sec. 52.1320 Identification of plan.
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(c) * * *
[[Page 34679]]
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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10-6.110................ Reporting Emission 3/30/2021 [Date of publication Section (3)(A),
Data, Emission Fees, of the final rule in Emission Fees, has
and Process the Federal not been approved as
Information. Register], [Federal part of the SIP.
Register citation of
the final rule].
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PART 70--STATE OPERATING PERMIT PROGRAMS
0
3. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
4. In appendix A to part 70 the entry for ``Missouri'' is amended by
adding paragraph (jj) to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Missouri
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(jj) The Missouri Department of Natural Resources submitted
revisions to Missouri rule 10 CSR 10-6.110, ``Reporting Emission
Data, Emission Fees, and Process Information'' on May 25, 2021. The
state effective date is March 30, 2021. This revision is effective
[date 60 days after date of publication of the final rule in the
Federal Register].
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[FR Doc. 2021-13992 Filed 6-29-21; 8:45 am]
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