[Federal Register Volume 87, Number 67 (Thursday, April 7, 2022)]
[Proposed Rules]
[Pages 20367-20370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07292]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2022-0329; FRL-9699-01-R7]


Air Plan Approval; Missouri; Start-Up, Shutdown, and Malfunction 
Conditions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Missouri State

[[Page 20368]]

Implementation Plan (SIP) received on February 11, 2020. In the 
submission, Missouri requests to revise a regulation related to 
reporting of start-up, shutdown, and malfunction (SSM) events. The 
revisions to this rule include adding incorporations by reference to 
other State rules, including definitions specific to the rule and 
making administrative wording changes. These revisions do not impact 
the stringency of the SIP or air quality. Approval of these revisions 
will ensure consistency between State and federally approved rules.

DATES: Comments must be received on or before May 9, 2022.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2022-0329 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: Allie Donohue, Environmental 
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201 
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7986; 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. Background
IV. Have the requirements for approval of a SIP revision been met?
V. What action is the EPA taking?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews

I. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2022-
0329, 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 Missouri's revisions to 10 Code of 
State Regulation (CSR) 10-6.050, Start-Up, Shutdown, and Malfunction 
Conditions, which relate to reporting of SSM events in the Missouri 
SIP. These provisions in the SIP require the reporting of SSM events to 
the Missouri Department of Natural Resources (MoDNR). Specifically, the 
provisions set the time by which such notification must occur, define 
what constitutes an SSM event, and establish the required contents of 
the written report including but not limited to measures taken to 
mitigate the extent and duration of the excess emissions, measures 
taken to remedy the situation which caused the excess emissions and the 
measures taken or planned to prevent the recurrence of these 
situations.
    The EPA received the MoDNR's SIP revision submission on February 
11, 2020. The EPA's full analysis of the revisions can be found in the 
technical support document (TSD) included in this docket.
    In 10 CSR 10-6.050 Section (2) Definitions, the State incorporated 
definitions for ``excess emissions'' into subsection (A), 
``malfunction'' into subsection (B), ``shutdown'' into subsection (C), 
and start-up into subsection (D). The definitions in the revision are 
the same as the definitions in the SIP approved 10 CSR 10-6.020. The 
revisions to Section (2) Definitions also move language about 
definitions not included in 10 CSR 10-6.050 into subsection (E). 
Because the language was already SIP-approved, and because the 
definitions relate to requirements related to informational reporting 
on SSM events, EPA finds that these revisions do not affect the 
stringency of the SIP. The rule revisions also include minor word 
changes, which are administrative in nature and do not affect the 
stringency of the SIP.
    EPA finds that approving these revisions into the Missouri SIP is 
consistent with EPA's policy as further described in Section III.

III. Background

    On February 22, 2013, the EPA issued a Federal Register notice of 
proposed rulemaking outlining EPA's policy at the time with respect to 
SIP provisions related to periods of SSM. EPA analyzed specific SSM SIP 
provisions and explained how each one either did or did not comply with 
the Clean Air Act (CAA) with regard to excess emission events.\1\ EPA 
finalized this proposed action on June 12, 2015, in ``State 
Implementation Plans: Response to Petition for Rulemaking; Restatement 
and Update of EPA's SSM Policy Applicable to SIPs; Findings of 
Substantial Inadequacy; and SIP Calls To Amend Provisions Applying to 
Excess Emissions During Periods of Startup, Shutdown and Malfunction'' 
(80 FR 33839, June 12, 2015), hereafter referred to as the ``2015 SSM 
SIP Action.''
---------------------------------------------------------------------------

    \1\ State Implementation Plans: Response to Petition for 
Rulemaking; Findings of Substantial Inadequacy; and SIP Calls To 
Amend Provisions Applying to Excess Emissions During Periods of 
Startup, Shutdown, and Malfunction, 78 FR 12460 (Feb. 22, 2013).
---------------------------------------------------------------------------

    As described in section IX.H.3 of the February 2013 proposal, EPA 
reviewed the Missouri rule at issue in this action because it was 
included in a Sierra Club petition.\2\ Sierra Club argued that this 
Missouri provision gave State personnel authority to determine where 
enforcement action should be taken based on information a source 
submits about excess emissions resulting from a malfunction, start-up, 
or shutdown. EPA denied the petition on this provision and 
affirmatively found the provision to be consistent with the 2015 policy 
``on the basis that the provision is on its face clearly applicable 
only to Missouri state enforcement personnel and that the provision 
thus could not reasonably be read by a court to foreclose enforcement 
by the EPA or through a citizen suit where Missouri state personnel 
elect to exercise enforcement discretion.'' As a result, Missouri rule, 
10 Code of State Regulation (CSR) 10-6.050, Start-Up, Shutdown, and 
Malfunction Conditions, was not included in the 2015 SSM SIP Call. 
Because the Missouri submittal does not substantively alter this rule, 
EPA's previous conclusions relating to

[[Page 20369]]

this provision's compliance with EPA's SSM policy remain unchanged.
---------------------------------------------------------------------------

    \2\ Petition to Find Inadequate and Correct Several State 
Implementation Plans under section 110 of the Clean Air Act Due to 
Startup, Shutdown, Malfunction, and/or Maintenance Provisions (June 
30, 2011).
---------------------------------------------------------------------------

IV. 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 
July 3, 2019 and received 6 comments. Five comments were from industry 
groups and one comment was from EPA. The industry comments all related 
to reporting excess emissions as soon as possible. Ultimately, the 
State opted not to include additional language to this effect and 
maintained that notification must occur within two days. The EPA 
comment letter indicated that EPA did not have comments on the rule 
changes. Therefore, the State adequately addressed each comment. In 
addition, as explained above, the revision meets the substantive SIP 
requirements of the CAA, including section 110 and implementing 
regulations.

V. What action is the EPA proposing?

    The EPA is proposing to approve Missouri's revisions to 10 CSR 10-
6.050, Start-Up, Shutdown, and Malfunction Conditions, which relate to 
reporting of SSM events in the Missouri SIP as submitted to EPA on 
February 11, 2020. We are soliciting comments on this proposed action. 
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. 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 Regulations described in Section 
II of this preamble and 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).

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, 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: March 31, 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 ``10-6.050'' to read as follows:


Sec.  52.870  Identification of plan.

* * * * *
    (c) * * *

[[Page 20370]]



                                        EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
                                                        State        EPA approval
       Missouri citation              Title        effective date        date                Explanation
----------------------------------------------------------------------------------------------------------------
                                    Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
10-6.050......................  Start-Up,               1/30/2020  [Date of          ...........................
                                 Shutdown, and                      publication of
                                 Malfunction                        the final rule
                                 Conditions.                        in the Federal
                                                                    Register],
                                                                    [Federal
                                                                    Register
                                                                    citation of the
                                                                    final rule].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2022-07292 Filed 4-6-22; 8:45 am]
BILLING CODE 6560-50-P