[Federal Register Volume 86, Number 161 (Tuesday, August 24, 2021)]
[Rules and Regulations]
[Pages 47219-47221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17713]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2021-0416; FRL-8695-02-R7]


Air Plan Approval; Missouri; Revision to Emission Data, Emission 
Fees and Process Information Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve 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: This final rule is effective on September 23, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2021-0416. 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: 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. A technical support document (TSD) is included in 
the rulemaking docket for the proposed rule.

Table of Contents

I. Background
II. What is being addressed in this document?
III. Have the requirements for approval of a SIP and part 70 
revision been met?
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background

    On June 30, 2021, the EPA proposed to approve Missouri's submitted 
SIP and Operating Permits Program revision in the Federal Register (86 
FR 34677). The EPA solicited comments on the proposed approval of the 
submission and received no comments.

II. What is being addressed in this document?

    The EPA is approving 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 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.

III. Have the requirements for approval of a SIP and part 70 revision 
been met?

    The State 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

[[Page 47220]]

revision. The revision meets the substantive SIP requirements of the 
Clean Air Act (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. The public comment period on the EPA's proposed 
rule opened June 30, 2021, the date of its publication in the Federal 
Register, and closed on July 30, 2021. During this period, the EPA 
received no comments.

IV. What action is the EPA taking?

    The EPA is approving 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.

V. Incorporation by Reference

    The EPA is including regulatory text in this EPA final rule that 
includes incorporation by reference. In accordance with requirements of 
1 CFR 51.5, the EPA is incorporating by reference the Missouri 
Regulation described in the 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 the 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).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the 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).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 25, 2021. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements (See section 307(b)(2)).

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: August 12,2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA amends 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.

* * * * *
    (c) * * *

[[Page 47221]]



                                        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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                                                  * * * * * * *
10-6.110...................  Reporting Emission          3/30/2021  8/24/2021, [Insert     Section (3)(A),
                              Data, Emission Fees,                   Federal Register       Emission Fees, has
                              and Process                            citation].             not been approved as
                              Information.                                                  part of the SIP.
 
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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

* * * * *
    (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 September 
23, 2021.
* * * * *
[FR Doc. 2021-17713 Filed 8-23-21; 8:45 am]
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