[Federal Register Volume 87, Number 154 (Thursday, August 11, 2022)]
[Rules and Regulations]
[Pages 49530-49532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16663]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2022-0432; FRL-9851-02-R7]
Air Plan Partial Approval and Partial Disapproval; Missouri;
Construction Permits Required
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to partially approve and partially disapprove 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 procedures
for the Missouri Department of Natural Resources (MoDNR) to issue
general permits, numerous organizational changes, administrative and
typographical edits. The approved portions of the rule revision meet
the requirements of the Clean Air Act. EPA is disapproving Section
(1)(B) regarding voluntary permits. EPA is disapproving because the
language of the provision is too vague and does not provide sufficient
clarity for implementation.
DATES: The final rule is effective on September 12, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2022-0432. All documents in the docket are
listed on the 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 www.regulations.gov or
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section for additional information.
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. What is being addressed in this document?
II. What is EPA's analysis of the rule revisions?
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. What is being addressed in this document?
The EPA is partially approving and partially disapproving
submissions 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 proposed to partially approve and partially
disapprove these submission on June 2, 2022 (87 FR 33464). The EPA's
analysis of the revisions can be found in Section II of this document,
Section III of the proposed rule, and in more detail in the technical
support document (TSD) included in this docket.
II. 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 changes remove
outdated references to incorporation by reference information and added
appropriate incorporation by reference information to this rule. The
changes clarify the definition of ``portable equipment installation''
and added procedures for issuing general permits in addition to other
minor typographical corrections. For portable equipment installations,
the potential to emit major source threshold of particulate matter was
changed to match federal requirements.
Also in Missouri's 2019 submission, the State requested to add a
provision for voluntary permits. The EPA is disapproving Section (1)(B)
of 10 CSR 10-6.060 regarding voluntary permits. EPA finds that the
language of the voluntary permit provision is too vague. 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 disapproving 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 intended to implement the provision. The
rule text and EPA's full analysis of the requested revisions is
included in the TSD.
Missouri's 2021 SIP submission amendments consisted 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 finds that this rule
revision would not interfere with maintenance of the PM2.5
or PM10 NAAQS. The submission also clarified referenced
materials and ensures consistency with the federal requirements.
Based on EPA's analysis of the requested revisions to 10 CSR 10-
6.060
[[Page 49531]]
as summarized here and more fully described in the TSD, EPA is
approving all requested revisions, other than section (1)(B) regarding
voluntary permits, because they meet the requirements of the Clean Air
Act (CAA), do not negatively impact the stringency of the SIP, or have
an adverse impact to air quality.
III. 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 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 II and further in the TSD, EPA is
disapproving Section (1)(B) of 10 CSR 10-6.060 regarding voluntary
permits.
The EPA received no comments on the proposed rule during the public
comment period which opened on June 2, 2022, the date of publication in
the Federal Register, and closed on July 5, 2022.
IV. What action is the EPA taking?
The EPA is amending the Missouri SIP by partially approving and
partially disapproving the State's request to revise 10 CSR 10-6.060
``Construction Permits Required.'' Under section 179(a) of the CAA,
final disapproval of a submittal that addresses a requirement of part
D, title I of the CAA (CAA sections 171-193) or is required in response
to a finding of substantial inadequacy as described in CAA section
110(k)(5) (SIP Call) starts a sanctions clock. The Missouri SIP
submission that we are partially disapproving was not submitted to meet
either of these requirements. Therefore, this partial disapproval will
not trigger mandatory sanctions under CAA section 179. In addition, CAA
section 110(c)(1) provides that EPA must promulgate a Federal
Implementation Plan (FIP) within two years after either finding that a
State has failed to make a required submission or disapproving a SIP
submission in whole or in part, unless EPA approves a SIP revision
correcting the deficiencies within that two-year period. With respect
to our partial disapproval of Missouri's SIP submission, however, we
conclude that any FIP obligation resulting from this partial
disapproval is satisfied by our determination that there is no
deficiency in the SIP to correct. Specifically, we are approving all
revisions to the state rule except the voluntary permits provision
discussed in this action therefore this action creates no deficiency in
the SIP.
V. 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 rule 10 CSR 10-6.060 as 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).
VI. 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).
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 October 11, 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 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
[[Page 49532]]
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: July 29, 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 ``10-6.060'' under the heading ``Chapter 6--Air Quality
Standards, Definitions, Sampling and Reference Methods, and Air
Pollution Control Regulations for the State of Missouri'' 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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* * * * * * *
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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 8/11/2022, [insert Provisions of the
Required. Federal Register 2010 PM2.5 PSD-
citation]. Increments, SILs and
SMCs rule relating
to SILs and SMCs
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. 2022-16663 Filed 8-10-22; 8:45 am]
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