[Federal Register Volume 88, Number 98 (Monday, May 22, 2023)]
[Proposed Rules]
[Pages 32715-32717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10760]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2023-0197; FRL-10826-01-R7]
Air Plan Approval; State of Missouri; Construction Permits by
Rule
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 August 4, 2022. The submission removes a provision in the
Missouri regulation ``Construction Permits By Rule'' that allows the
burning of illegal and waste pharmaceutical drugs in crematories and
animal incinerators. In the previous revision, submitted to EPA on
March 7, 2019, EPA approved selected revisions of the rule but did not
act on a portion of the revision that included the disposal of
pharmaceuticals in crematories and animal incinerators because it
conflicted with federal requirements on the incineration of illegal and
waste pharmaceuticals. By removing the conflicting language, approval
of these revisions will ensure consistency between State and federally
approved rules. These revisions along with other minor text changes are
administrative in nature and do not impact the stringency of the SIP or
air quality. The EPA's proposed approval of this rule revision is in
accordance with the requirements of the Clean Air Act (CAA).
DATES: Comments must be received on or before June 21, 2023.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2023-0197 to
[[Page 32716]]
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 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: Steven Brown, Environmental Protection
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-7718;
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-2023-
0197, at 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
www.epa.gov/dockets/commenting-epa-dockets.
II. What is being addressed in this document?
The EPA is proposing to approve a SIP revision submitted by the
State of Missouri on August 4, 2022. Missouri requests the EPA to
approve revisions to 10 Code of State Regulations (CSR) 10-6.062 in the
Missouri SIP. The state has revised the rule to remove a provision in
the Missouri regulation ``Construction Permits By Rule'' that allowed
the burning of illegal and waste pharmaceutical drugs in crematories
and animal incinerators. In the previous revision, submitted to EPA on
March 7, 2019, and in a final rulemaking, EPA approved selected
revisions of the rule but did not act on a portion of the revision that
included the disposal of pharmaceutical drugs because it conflicted
with federal requirements on the incineration of illegal and waste
pharmaceuticals. By removing the conflicting language, approval of
these revisions will ensure consistency between State and federally
approved rules. Other revisions include correcting typographical errors
and a minor change to correct a reference to state rule CSR 10-6.060
Construction Permits Required. After review and analysis of the
revisions, the EPA concludes that these changes meet the requirements
of the Clean Air Act and do not adversely affect air quality. The full
text of these changes can be found in the State's submission, which is
included in the docket for this action. The EPA's analysis of the
revisions can be found in the technical support document (TSD), also
included in the docket.
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 12/01/2021 to 2/
03/2022 and received no comments.
In addition, as explained above and in more detail in the technical
support document, 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 10-6.062 ``Construction Permits By
Rule.'' 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 finalizing the
incorporation by reference of the Missouri rule 10 CSR 10-6.062
discussed in section II of this preamble and as 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, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 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 Clean Air Act.
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); and
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Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act;
In addition, 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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
Missouri did not evaluate environmental justice considerations as
part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. EPA did
not perform an EJ analysis and did not consider EJ in this action.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: May 15 2023.
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
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart AA--Missouri
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2. In Sec. 52.1320, the table in paragraph (c) is amended by revising
the entry ``10-6.062'' 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 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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10-6.062......................... Construction 7/30/2022 [Date of ...................
Permits By Rule. publication of the
final rule in the
Federal Register],
[Federal Register
citation of the
final rule].
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[FR Doc. 2023-10760 Filed 5-19-23; 8:45 am]
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