[Federal Register Volume 87, Number 100 (Tuesday, May 24, 2022)]
[Rules and Regulations]
[Pages 31430-31432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10993]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2022-0285; FRL-9645-02-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: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a revision to the State Implementation Plan (SIP) for 
the State of Missouri submitted on January 30, 2020. This final action 
amends the SIP by approving 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. These revisions to 
the state rule are a revised restructured version of the same rule. The 
revisions are administrative in nature and do not impact the stringency 
of the SIP or air quality.

DATES: This final rule is effective on June 23, 2022.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2022-0285. 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: 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 EPA.

Table of Contents

I. What is being addressed in this document?

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II. Have the requirements for approval of a SIP revision been met?
III. What action is the EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    The EPA is taking final action to approve a SIP revision submitted 
by the State of Missouri on January 30, 2020. Missouri requested that 
the EPA 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 meet the requirements of the Clean Air Act 
and 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.
    The EPA proposed approval of the State's January 30, 2020, SIP 
revision in a notice of proposed rulemaking (NPRM) published on March 
25, 2022. (87 FR 17050) The EPA received no comments on our proposed 
rulemaking.

II. Have the requirements for approval of a SIP revision been met?

    The State's 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.

III. What action is the EPA taking?

    The EPA proposed approval of the State's January 30, 2020, SIP 
revision in a notice of proposed rulemaking (NPRM) published on March 
25, 2022. (87 FR 17050) During the public comment period, which opened 
on March 25, 2022 and closed on April 25, 2022, the EPA received no 
comments.
    Therefore, the EPA is taking final action 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 
ensures consistency between state and federally approved rules. The EPA 
has determined that these changes meet the requirements of the Clean 
Air Act and do not have a negative impact to air quality.

IV. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that 
includes incorporation by reference. In accordance with requirements of 
1 CFR 51.5, the EPA is finalizing the incorporation by reference of the 
Missouri Regulations described in Section I of this preamble and set 
forth below in the amendments to 40 CFR part 52. 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).
    Therefore, these materials have been approved by the EPA for 
inclusion in the State Implementation Plan, have been incorporated by 
reference by EPA into that plan, are fully federally enforceable under 
sections 110 and 113 of the CAA as of the effective date of the final 
rulemaking of the EPA's approval, and will be incorporated by reference 
in the next update to the SIP compilation.\1\
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    \1\ 62 FR 27968, May 22, 1997.
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V. 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).
     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).
     This action is subject to the Congressional Review Act, 
and the EPA will submit a rule report to each House of the Congress and 
to the Comptroller General of the United States. 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 July 25, 2022. 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

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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 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: May 17, 2022.
Meghan A. McCollister,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA amends 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      EPA approval date           Explanation
                                                       date
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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  5/24/2022, [insert      ........................
                            Emissions Credit for                 Federal Register
                            Reduced Pollutant                    citation].
                            Concentrations from
                            the Use of Dispersion
                            Techniques.
 
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[FR Doc. 2022-10993 Filed 5-23-22; 8:45 am]
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