[Federal Register Volume 87, Number 220 (Wednesday, November 16, 2022)]
[Rules and Regulations]
[Pages 68634-68635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24789]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2022-0722; FRL-10156-02-R7]
Air Plan Approval; Missouri; Ameren Sioux Sulfur Dioxide Consent
Agreement
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. This final action will amend the SIP to
incorporate an additional sulfur dioxide (SO2) emissions
limit for the Ameren Missouri (Ameren)--Sioux Energy Center (Sioux).
Specifically, the EPA is approving into the SIP an additional
SO2 emissions limit and associated operating restrictions,
monitoring, recordkeeping, and reporting (referred to as ``MRR''), and
testing compliance requirements established in a consent agreement as
permanent and enforceable SO2 control measures.
DATES: This final rule is effective on December 16, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2022-0722. 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: Jason Heitman, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7664; 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?
II. Have the requirements for approval of a SIP revision been met?
III. What action is the EPA taking?
IV. Environmental Justice Concerns
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. What is being addressed in this document?
The EPA is taking final action to approve source-specific revisions
to the Missouri SIP. On September 1, 2022, the EPA published a notice
of proposed rulemaking (NPRM) which proposed to approve the SIP
revisions as submitted by Missouri on April 21, 2022 (87 FR 53703). The
revisions include a specific SO2 emissions limit and
associated operating restrictions, MRR, and testing compliance
requirements for the Ameren Sioux Facility as contained in Consent
Agreement number APCP-2021-018. A copy of the Consent Agreement is
included in the docket for this rulemaking. More detail on the EPA's
analysis of the revisions can be found in the NPRM included in this
docket.
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 December 27,
2021, to February 3, 2022, and received one comment. In addition, as
explained above, the revision meets the substantive SIP requirements of
the Clean Air Act, including section 110 and implementing regulations.
III. What action is the EPA taking?
On September 1, 2022, the EPA published a NPRM proposing to approve
Missouri's April 21, 2022, SIP revision submittal (87 FR 53703). The
EPA sought public comment on the NPRM and received no comments.
Therefore, the EPA is taking final action to amend the Missouri SIP to
include source-specific revisions pertaining to the Ameren Sioux
Facility as contained in Consent Agreement number APCP-2021-018.
Approval of these revisions will ensure consistency between State and
federally approved rules. As described in the NPRM, the EPA has
determined that these changes meet the requirements of the Clean Air
Act and will not adversely impact air quality or the stringency of the
SIP.
IV. Environmental Justice Concerns
When the EPA establishes a new or revised NAAQS, the CAA requires
the EPA to designate all areas of the U.S. as either nonattainment,
attainment, or unclassifiable. Area designations address environmental
justice concerns by ensuring that the public is properly informed about
the air quality in an area. In this action, the EPA is approving an
additional emissions limit for a source into the Missouri SIP.
The EPA utilized the EJSCREEN tool to evaluate environmental and
demographic indicators within the area. The tool outputs report is
contained in the docket for this action. While the EPA's EJSCREEN tool
demonstrates that demographic indicators are consistent or lower than
national averages, there are vulnerable populations in the area
including low-income populations and persons over 64 years of age.
Based on the information presented in this document, this proposed
action does not result in disproportionately high and adverse human
health or environmental effects on minority populations, low-income
populations and/or indigenous peoples.
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 Consent Agreement discussed in Section I of this preamble and
as 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 the 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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VI. Statutory and Executive Order Reviews
Under the Clean Air Act, 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);
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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 (Public Law 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 January 17, 2023. 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, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: November 8, 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 (d) is amended by adding an
entry for ``(37)'' in numerical order to read as follows:
Sec. 52.1320 Identification of plan.
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(d) * * *
EPA-Approved Missouri Source-Specific Permits and Orders
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State
Name of source Order/permit No. effective EPA approval date Explanation
date
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(37) Ameren Missouri--Sioux Consent Agreement 3/31/2022 11/16/2022, [insert ......................
Energy Center. No. APCP-2021-018. Federal Register
citation].
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[FR Doc. 2022-24789 Filed 11-15-22; 8:45 am]
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