[Federal Register Volume 86, Number 150 (Monday, August 9, 2021)]
[Proposed Rules]
[Pages 43459-43461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16739]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2021-0474; FRL-8755-01-R7]


Air Plan Approval; Missouri; Control of Emissions From Batch 
Process Operations

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) revision submitted by 
Missouri on January 19, 2021. Missouri requests that the EPA approve 
into Missouri's SIP revisions to its rule related to control of 
emissions from batch process operations. These revisions update 
references to the appropriate state rule for New Source Performance 
Regulations. These revisions are administrative in nature and do not 
reduce the stringency of the SIP or have an adverse impact to 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 September 8, 2021.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2021-0474 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: Robert F. Webber, Environmental 
Protection Agency, Region 7 Office, Air Permitting and Standards 
Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number: 
(913) 551-7251; 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 proposing to take?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2021-
0474, 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

[[Page 43460]]

https://www.epa.gov/dockets/commenting-epa-dockets.

II. What is being addressed in this document?

    The EPA is proposing to approve revisions to the Missouri SIP 
received on January 19, 2021. The revisions are to Title 10, Division 
10 of the Code of State Regulations (CSR), 10 CSR 10-5.540 ``Control of 
Emissions From Batch Process Operations'' which limits the volatile 
organic compound (VOC) emissions from batch process operations by 
incorporating reasonably available control technology (RACT) 
requirements in the St. Louis 1997 ozone nonattainment area as required 
by the Clean Air Act Amendments (CAAA) of 1990. These revisions remove 
references to state rule 10 CSR 10-6.030, ``Sampling Methods for Air 
Pollution Sources,'' and replaces them with references to 10 CSR 10-
6.070, ``New Source Performance Regulations,'' where the new source 
performance standards in 40 CFR part 60 are appropriately incorporated 
by reference. These revisions are described in detail in the technical 
support document (TSD) included in the docket for this action.
    Missouri received no comments during the state public comment 
period on the proposed rule revisions. The EPA is proposing to approve 
the revisions to this rule because it will not have a negative impact 
on air quality.

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 on this SIP revision from December 16, 
2019 to February 6, 2020 and received no comments on this rulemaking. 
As explained above and in the TSD included in the docket, the revision 
meets the substantive SIP requirements of the CAA, including section 
110 and implementing regulations.

IV. What action is the EPA proposing to take?

    The EPA is proposing to approve Missouri's request to revise 10 CSR 
10-5.540. The EPA is soliciting comment on the substantive and 
administrative revisions detailed in this proposal and the TSD. The EPA 
is not soliciting comment on existing rule text that has been 
previously approved by the EPA into the SIP. 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 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).

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:
     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 in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Volatile organic compounds.

    Dated: July 30, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.
    For the reasons stated in the preamble, 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 
the entry ``10-5.540'' to read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (c) * * *

[[Page 43461]]



                                        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 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
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                                                  * * * * * * *
10-5.540......................  Control of Emissions         7/30/2020  [Date of publication
                                 From Batch Process                      of the final rule in
                                 Operations.                             the Federal
                                                                         Register], [Federal
                                                                         Register citation of
                                                                         the final rule].
 
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[FR Doc. 2021-16739 Filed 8-6-21; 8:45 am]
BILLING CODE 6560-50-P