[Federal Register Volume 87, Number 58 (Friday, March 25, 2022)]
[Proposed Rules]
[Pages 17050-17052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06041]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2022-0285; FRL-9645-01-R7]


Air Plan Approval; Missouri; Restriction of Emissions Credit for 
Reduced Pollutant Concentrations From the Use of Dispersion Techniques

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 the 
State of Missouri on January 30, 2020. Missouri requests that the EPA 
approve revisions to a State regulation that limits the use of 
dispersion techniques to meet ambient air quality standards in the 
vicinity of major sources of air pollution. The use of certain 
dispersion techniques is prohibited by section 123 of the Clean Air Act 
(CAA). The revisions to the rule are a revised restructured version of 
the same rule. These revisions are administrative in nature and do not 
impact the stringency of the SIP or air quality. The EPA's proposed 
approval of this rule revision is in accordance with the requirements 
of the CAA.

DATES: Comments must be received on or before April 25, 2022.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2022-0285 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: Steven Brown, Environmental Protection 
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-7718; 
email address: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to the EPA.

[[Page 17051]]

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-2022-
0285, 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. What is being addressed in this document?

    The EPA is proposing to approve a SIP revision submitted by the 
State of Missouri on January 30, 2020. Missouri requests the EPA to 
approve revisions to their SIP by replacing the existing rule, Title 
10, Division 10 of the Code of State Regulations (CSR), (10 CSR 10-
6.140) ``Restriction of Emissions Credit for Reduced Pollutant 
Concentrations from the Use of Dispersion Techniques'', with a revised 
restructured version of the same rule. The State has revised this rule 
in order to incorporate the provisions of 40 CFR part 51, appendix W-
Guideline on Air Quality Models, add definitions specific to this rule, 
organize the rule into standard rule organizational format, and removes 
unnecessary words. After review and analysis of the revisions, the EPA 
concludes that these changes do not have adverse effects on air 
quality. The full text of these changes can be found in the State's 
submission, which is included in the docket for this action. The EPA's 
analysis of the revisions can be found in the technical support 
document (TSD), also included in the 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 on this SIP revision from June 3, 2019, to 
August 1, 2019, and received no comments. In addition, as explained 
above and in more detail in the State submittal document and EPA's TSD, 
which is 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 taking?

    The EPA is proposing to amend the Missouri SIP by approving the 
State's request to revise 10 CSR 10-6.140 ``Restriction of Emissions 
Credit for Reduced Pollutant Concentrations from the Use of Dispersion 
Techniques.'' Approval of these revisions will ensure consistency 
between State and federally approved rules. Because this rule was 
previously approved into Missouri's SIP, we are soliciting comments 
solely on the proposed revisions to the rule and not on the existing 
text that is approved into Missouri's SIP. The EPA has determined that 
these changes meet the requirements of the Clean Air Act and will not 
have a negative impact to air quality. We are processing this as a 
proposed action because we are soliciting comments on this proposed 
action. 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 Regulations described in Section 
II of this preamble as set forth in the proposed amendments to 40 CFR 
part 52 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 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, 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

[[Page 17052]]

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, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Sulfur oxides, Volatile organic compounds.

    Dated: March 16, 2022.
Meghan A. McCollister,
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 
the entry ``10-6.140'' 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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                                                  * * * * * * *
10-6.140..................  Restriction of              1/30/2020  [Date of publication
                             Emissions Credit for                   of the final rule
                             Reduced Pollutant                      in the Federal
                             Concentrations from                    Register], [Federal
                             the Use of                             Register citation
                             Dispersion                             of the final rule].
                             Techniques.
 
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[FR Doc. 2022-06041 Filed 3-24-22; 8:45 am]
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