[Federal Register Volume 87, Number 106 (Thursday, June 2, 2022)]
[Proposed Rules]
[Pages 33464-33466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11822]



[[Page 33464]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2022-0432; FRL-9851-01-R7]


Air Plan Partial Approval and Partial Disapproval; Missouri; 
Construction Permits Required

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing partial 
approval and partial disapproval of revisions to the Missouri State 
Implementation Plan (SIP) received on March 20, 2019 and June 10, 2021. 
The SIP revisions in the 2019 and 2021 submittals incorporate updates 
to construction permit requirement regulations for stationary and 
portable air sources in Missouri that help ensure ambient air quality 
standards are met. The changes include numerous organizational changes, 
administrative and typographical edits to improve clarity of the 
construction permit process. The revisions include added procedures for 
the Missouri Department of Natural Resources (MoDNR) to issue general 
permits. For portable equipment installations, the potential to emit 
major source threshold of particulate matter was changed to match 
federal requirements. The changes proposed for approval meet the 
requirements of the Clean Air Act.
    EPA is proposing to disapprove section (1)(B) regarding voluntary 
permits. EPA is proposing disapproval because the language of the 
provision is too vague and does not provide sufficient clarity for 
implementation.

DATES: Comments must be received on or before July 5, 2022.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2022-0432 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: Keith Johnson, Environmental 
Protection Agency, Region 7 Office, Air Permitting and Standards 
Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number: 
(913) 551-7737; 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. What is EPA's analysis of the rule revisions?
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-
0432, 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 partially approve and partially disapprove 
a submission from Missouri that revises 10 CSR 10-6.060 Construction 
Permits Required. The revisions were received by EPA on March 20, 2019 
and June 10, 2021. The EPA's analysis of the revisions can be found in 
Section III and in more detail in the technical support document (TSD) 
included in this docket.

III. What is EPA's analysis of the rule revisions?

    In the 2019 SIP submission, MoDNR stated that the revisions to this 
rule were extensive in order to clarify requirements and procedures for 
improving readability and regulatory certainty. These proposed changes 
remove outdated references to incorporation by reference information 
and added appropriate incorporation by reference information to this 
rule. The proposed changes clarify the definition of ``portable 
equipment installation'' and added procedures for issuing general 
permits in addition to other minor typographical corrections.
    Also in Missouri's 2019 submission, the State requested to add a 
provision for voluntary permits. The EPA is proposing to disapprove 
section (1)(B) of 10 CSR 10-6.060 regarding voluntary permits. EPA 
proposes to find the language of section (1)(B) to be too vague for the 
conditions in which these permits would be issued based on the 
requirements of 40 CFR 51.160(a), CAA section 110(a)(2)(A), and the 
John S. Seitz EPA Guidance Memo of September 23, 1987, titled ``Review 
of State Implementation Plans and Revisions for Enforceability and 
Legal Sufficiency.'' For a SIP revision to be approved, EPA evaluates 
the rule revisions to ensure that any new provisions are permanent, 
quantifiable, and enforceable. EPA is proposing disapproval because 
there is no information in the rule on the conditions, requirements, 
and parameters for applying for, issuing, or implementing voluntary 
permits. Based on the limited language in the rule, it is unclear how 
MoDNR intends to implement the proposed provision. The rule text and 
EPA's full analysis of the requested revisions is included in the TSD.
    Missouri's 2021 SIP submission amendments consist primarily of 
administrative text edits and clarifications. A clarification to the 
definition of Portable equipment was added in Section 2 to explicitly 
state that ``any other air pollutant'' includes PM10 and 
PM2.5. As discussed in the TSD, EPA proposes to find that 
this rule revision would not interfere with maintenance of the 
PM2.5 or PM10 NAAQS. The submission also 
clarifies referenced materials and ensures consistency with the federal 
requirements.
    Based on EPA's analysis of the requested revisions to 10 CSR 10-
6.060 as summarized here and more fully described in the TSD, EPA 
proposes to approve all requested revisions, other than section (1)(B) 
regarding voluntary permits, because they meet the requirements of the 
Clean Air Act, do not negatively impact the stringency of

[[Page 33465]]

the SIP, or have an adverse impact to air quality.

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

    With respect to the portions of the submittal which EPA is 
approving, 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 August 1, 
2018 to October 4, 2018 and received 56 comments. 32 comments were made 
by EPA, 21 comments from State of Missouri Air Program Staff, and 4 
from the public. The State of Missouri revised the rule and responded 
to comments prior to submitting to the EPA. In addition, as explained 
above (and in more detail in the technical support document which is 
included in the docket for this action), the revisions proposed for 
approval meet the substantive SIP requirements of the CAA, including 
section 110 and implementing regulations.
    As explained in Section III and further in the TSD, EPA is 
proposing to disapprove section (1)(B) of 10 CSR 10-6.060 regarding 
voluntary permits.

V. What action is the EPA taking?

    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. The State of Missouri 
previously conducted a public notice on the rule changes and responded 
to all comments. We are publishing the proposed rule in the Federal 
Register to partially approve and partially disapprove the SIP 
submission. Any parties interested in commenting must do so by the date 
listed in the DATES section of the document. For further information 
about commenting on this proposed rule, see the ADDRESSES section of 
the document. The EPA is soliciting comment on the substantive and 
administrative revisions detailed in this proposal and the TSD. The EPA 
is not soliciting comment on existing rule text that has been 
previously approved by the EPA into the SIP. If EPA receives adverse 
comment, we will address all public comments in the subsequent final 
rule based on the proposed rule.

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 of 10 CSR 10-6.060 
Construction Permits Required 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).

VII. 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 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 27, 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 ``10-6.060'' to read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (c) * * *

[[Page 33466]]



                                        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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                                                  * * * * * * *
10-6.060.................  Construction Permits         5/30/2020  [Date of publication    Provisions of the
                            Required.                               of the final rule in    2010 PM2.5 PSD--
                                                                    the Federal             Increments, SILs and
                                                                    Register], [Federal     SMCs rule relating
                                                                    Register citation of    to SILs and SMCs
                                                                    the final rule].        that were affected
                                                                                            by the January 22,
                                                                                            2013 U.S. Court of
                                                                                            Appeals decision are
                                                                                            not SIP approved.
                                                                                            Provisions of the
                                                                                            2002 NSR reform rule
                                                                                            relating to the
                                                                                            Clean Unit
                                                                                            Exemption, Pollution
                                                                                            Control Projects,
                                                                                            and exemption from
                                                                                            recordkeeping
                                                                                            provisions for
                                                                                            certain sources
                                                                                            using the actual-to-
                                                                                            projected-actual
                                                                                            emissions
                                                                                            projections test are
                                                                                            not SIP approved.
                                                                                            ``Livestock and
                                                                                            livestock handling
                                                                                            systems from which
                                                                                            the only potential
                                                                                            contaminant is
                                                                                            odorous gas.''
                                                                                            Section 9,
                                                                                            pertaining to
                                                                                            hazardous air
                                                                                            pollutants, is not
                                                                                            SIP approved.
                                                                                           EPA previously
                                                                                            approved the 3/30/
                                                                                            2016 state effective
                                                                                            date version of 10
                                                                                            CSR 10-6.060, with
                                                                                            the above
                                                                                            exceptions, in a
                                                                                            Federal Register
                                                                                            document published
                                                                                            October 11, 2016.
                                                                                            Section (1)(B) of 10
                                                                                            CSR 10-6.060
                                                                                            covering the
                                                                                            voluntary permit
                                                                                            provision is not SIP
                                                                                            approved.
 
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[FR Doc. 2022-11822 Filed 6-1-22; 8:45 am]
BILLING CODE 6560-50-P