[Federal Register Volume 87, Number 102 (Thursday, May 26, 2022)]
[Proposed Rules]
[Pages 31966-31967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11378]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2022-0422; FRL-9838-01-R7]


Air Plan Approval; Missouri; Construction Permit Exemptions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Missouri State Implementation Plan (SIP) 
received on June 10, 2021. The submission revises Missouri's regulation 
on construction permit exemptions. These revisions include updates to 
incorporations by reference, remove unnecessary words, and make minor 
clarifications and grammatical changes. These revisions do not impact 
the stringency of the SIP or have an adverse effect on 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 June 27, 2022.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2022-0422 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: Bethany Olson, Environmental 
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201 
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7905; 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 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-
0422, 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 revisions to the Missouri SIP 
received on June 10, 2021. The revisions are to Title 10, Division 10 
of the Code of State Regulations (CSR), 10 CSR 10-6.061 ``Construction 
Permit Exemptions''. The purpose of the state regulation is to list 
specific construction or modification projects that are exempt from the 
requirement to obtain permits to construct under 10 CSR 10-6.060. 
Missouri made several revisions to the rule. These proposed revisions 
to the rule update incorporations by references, remove unnecessary 
words, and make minor clarifications and grammatical changes. EPA 
proposes to find that these revisions meet the requirements of the 
Clean Air Act, do not impact the stringency of the SIP, and do not 
adversely impact air quality. The full text of the rule revisions as 
well as EPA's analysis of the revisions are contained in the technical 
support document (TSD) included in the docket for this action.

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 January 2, 2020, 
to April 2, 2020, and held a public hearing on March 26, 2020. Missouri 
received six comments from three sources during the comment period on 
10 CSR 10-6.061. The EPA provided four comments. Missouri responded to 
all comments and revised the rule based on public comment prior to 
submitting to EPA, as noted in the State submission included in the 
docket for this action.
    In addition, as explained above and in more detail in the technical 
support document (TSD) which is part of this 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 10-6.061 ``Construction Permit 
Exemptions.'' 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 rule 10 CSR 10-6.061 as described 
in Section II of this preamble and set forth below in the proposed 
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).

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

[[Page 31967]]

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: May 20, 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 ``10-6.061'' to read as follows:


Sec.  52.1320   Identification of plan.

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    (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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                                                  * * * * * * *
10-6.061.................  Construction Permit          9/30/2020  [Date of publication    Sections (3)(A)2.D.
                            Exemptions.                             of the final rule in    and
                                                                    the Federal             (3)(A)2.E.(II)(c)
                                                                    Register], [Federal     are not SIP-
                                                                    Register citation of    approved.
                                                                    the final rule].
 
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[FR Doc. 2022-11378 Filed 5-25-22; 8:45 am]
BILLING CODE 6560-50-P