[Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Rules and Regulations]
[Pages 36251-36253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11546]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2023-0193; FRL-10815-02-R7]


Air Plan Approval; State of Missouri; Restriction of Particulate 
Matter to the Ambient Air Beyond the Premises of Origin

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 approve 
revision submitted by the State of Missouri on March 7, 2019, to a 
State regulation for the Restriction of Particulate Matter to the 
Ambient Air Beyond the Premises of Origin. These revisions include 
adding definitions that are specific to the rule, restructures the rule 
into the standard rule organization format, and removes unnecessary 
words. The revisions are administrative in nature and do not impact the 
stringency of the SIP or air quality. The EPA's approval of this rule 
revision is in accordance with the requirements of the Clean Air Act 
(CAA).

DATES: This final rule is effective on July 3, 2023.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2023-0193. 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: 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 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. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    The EPA is approving a SIP revision submitted by the State of 
Missouri on March 7, 2019. Missouri requested the EPA to approve 
revisions to their SIP by replacing the existing rule, Title 10, 
Division 10 of the Code of State Regulations (CSR), (10 CSR 10-6.170) 
``Restriction of Particulate Matter to the Ambient Air Beyond the 
Premises of Origin'', with a revised and restructured version of the 
same rule. The State has revised the rule to add definitions specific 
to this rule, organize the rule into State standard rule organizational 
format, and remove unnecessary words. After review and analysis of the 
revisions, the EPA conclude that these changes do not have adverse 
effects on 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.

II. 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 8/01/2018 to 8/
30/2018 and received a total of eight comments. The comments and 
responses are summarized in the EPA's Notice of Proposed Rulemaking 
(NPRM) published, April 14, 2023 (88 FR 22976). The EPA's NPRM and 
supporting information contained in the docket were made available for 
public comment from April 14, 2023, to May 15, 2023 (88 FR 22976). 
During this period, no comments were received.
    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

[[Page 36252]]

requirements of the CAA, including section 110 and implementing 
regulations.

III. What action is the EPA taking?

    The EPA is taking final action to amend the Missouri SIP by 
approving the State's revisions to rule 10 CSR 10-6.170 ``Restriction 
of Particulate Matter to the Ambient Air Beyond the Premises of 
Origin.'' Approval of these revisions will ensure consistency between 
State and federally approved rules. As described in the NPRM (88 FR 
22976), and the TSD, 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. 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 10-6.170, which regulates particulate matter, 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 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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V. 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), 13563 (76 FR 3821, January 21, 2011), and 
14094 (88 FR 21879, April 11, 2023);
     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
     Is not subject to requirements of the National Technology 
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because this 
rulemaking does not involve technical standards;
    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.
    This action is subject to the Congressional Review Act, and 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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 1, 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, Particulate matter.

    Dated: May 24, 2023.
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 for ``10-6.170'' to read as follows:

[[Page 36253]]

Sec.  52.1320  Identification of plan.

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    (c) * * *

                                        EPA-Approved Missouri Regulations
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                                                          State effective
       Missouri citation                  Title                 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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                                                  * * * * * * *
10-6.170.......................  Restriction of                  3/30/2019  6/2/2023, [insert  .................
                                  Particulate Matter to                      Federal Register
                                  the Ambient Air                            citation].
                                  Beyond the Premises
                                  of Origin.
 
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[FR Doc. 2023-11546 Filed 6-1-23; 8:45 am]
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