[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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