[Federal Register Volume 88, Number 126 (Monday, July 3, 2023)]
[Rules and Regulations]
[Pages 42640-42642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13979]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2023-0201; FRL-10839-02-R7]


Air Plan Partial Approval and Partial Disapproval; Missouri; 
Revision to Sulfur Dioxide Control Requirements for Lake Road 
Generating Facility

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 
State Implementation Plan (SIP) submitted by the State of Missouri on 
February 17, 2022. In its submission, the Missouri Department of 
Natural Resources (MoDNR) requested that revisions to a 2016 
Administrative Order on Consent (AOC) for controlling sulfur dioxide 
(SO2) emissions at the Lake Road power plant (hereinafter 
referred to as ``2016 AOC'') be approved in the SIP. This final action 
amends the SIP to establish more stringent fuel oil sulfur content 
limits, remove SO2 emission limits that are no longer needed 
due to the strengthened fuel oil sulfur requirements, and streamline 
reporting requirements. The approved SIP changes meet the requirements 
of the Clean Air Act (CAA). This final action also disapproves a new 
provision in the AOC that would potentially allow Lake Road to exceed 
the fuel oil sulfur content limits on a temporary basis.

DATES: This final rule is effective on August 2, 2023.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2023-0201. 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., confidential 
business information (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: Allie Donohue, Environmental 
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201 
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7986; 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. Environmental Justice Considerations
VI. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    The EPA is partially approving and partially disapproving a SIP 
revision submitted by the State of Missouri on February 17, 2022. In 
its submission, MoDNR requested that AOC No. APCP-2015-118 between 
MoDNR and Evergy (formerly Kansas City Power & Light) submitted in 
2016, and amended in 2018 (Amendment #1), be replaced with Amendment #2 
to the AOC in the SIP. The EPA is approving these SIP revisions, with 
the exception of Amendment #2 paragraph 12.A. The approved revisions 
meet the requirements of the Clean Air Act. The EPA is disapproving 
Amendment #2 paragraph 12.A. because this provision potentially allows 
Lake Road to burn fuel oil with a sulfur content greater than the 
sulfur content limit of 15 parts per million (ppm) on a temporary 
basis. Paragraph 12.A. is severable from Amendment #2 because it is a 
new paragraph that was not previously included in the 2016 AOC or 
Amendment #1, and it is not approved in the SIP. The EPA proposed to 
partially approve and partially disapprove this submission on April 26, 
2023 (88 FR 25309). The EPA's analysis of the State's requested SIP 
revisions can be found in section II of the proposed rule and in more 
detail in the technical support document (TSD) included in this docket.

[[Page 42641]]

II. 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 November 1, 
2021, to December 9, 2021 and received no comments. In addition, as 
explained above and in more detail in the TSD which is part of this 
docket, the revision meets the substantive SIP requirements of the CAA, 
including section 110 and implementing regulations.
    As explained in section II of the proposed rule and further in the 
TSD, the EPA is disapproving Amendment #2 paragraph 12.A.
    The EPA received no comments on the proposed rule during the public 
comment period which opened April 26, 2023, the date of its publication 
in the Federal Register, and closed on May 26, 2023.

III. What action is the EPA taking?

    The EPA is taking final action to amend the Missouri SIP by 
partially approving and partially disapproving the State's submittal. 
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 the 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 the 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 with the exception of 
Amendment #2 paragraph 12.A.

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 Amendment #2 to Administrative Order on Consent, State 
effective October 18, 2021, between MoDNR and Evergy related to 
controlling SO2 emissions at the Lake Road power plant 
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).
    Also, in this document, as described in the amendments to 40 CFR 
part 52 set forth below, the EPA is removing provisions of the EPA-
Approved Missouri Administrative Order on Consent and Amendment #1 
(State effective September 27, 2018) from the Missouri State 
Implementation Plan, which is incorporated by reference in accordance 
with the requirements of 1 CFR part 51. As described in the amendments 
to 40 CFR part 52 set forth below, EPA is also removing an outdated 
reference to the St. Joseph Light and Power So2 consent 
agreement (State effective May 21, 2001).

V. Environmental Justice Considerations

    The EPA reviewed demographic data, which provides an assessment of 
individual demographic groups of the populations living within a 2-mile 
radius of the Lake Road facility Census 2010 Summary Report available 
on its environmental justice (EJ) screening and mapping tool 
(``EJSCREEN''). The EPA then compared the data to the State average for 
each of the demographic groups using 2010 State census data from the 
United States Census Bureau. The results of this analysis are being 
provided for informational and transparency purposes. The results of 
the demographic analysis indicate that, for populations within the 2-
mile radius of the Lake Road facility, the percent of people of color 
(persons who reported their race as a category other than White alone 
(not Hispanic or Latino)) is less than the national average (16 percent 
versus 21 percent). Within people of color, the percent of the 
population that is Black or African American alone is lower than the 
State average (3 percent versus 12 percent) and the percent of the 
population that is American Indian/Alaska Native is similar to the 
State average (1 percent versus 1 percent). The percent of the 
population that is two or more races is similar to the State average (3 
percent versus 3 percent). The percent of people with low income within 
the 2-mile radius of the Lake Road facility is higher than the State 
average (41 percent versus 31 percent).

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 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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a State program;
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     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

[[Page 42642]]

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, 
February 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.''
    The air agency 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. The EPA performed an environmental justice analysis, as is 
described above in the section titled, ``Environmental Justice 
Considerations.'' The analysis was done for the purpose of providing 
additional context and information about this rulemaking to the public, 
not as a basis of the action. In addition, there is no information in 
the record upon which this decision is based 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 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 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 September 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, Intergovernmental relations, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Dated: June 26, 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, in the table in paragraph (d):
0
a. Remove and reserve entries ``(17)'', ``(32)'', and ``(33)''; and
0
b. Add entry ``(38)'' in numerical order.
    The addition reads 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 effective
         Name of source            Order/permit No.          date          EPA approval date      Explanation
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                                                  * * * * * * *
(38) Kansas City Power and        Amendment #2 to     10/18/2021........  7/3/2023, [insert   EPA is approving
 Light--Lake Road Facility.        Administrative                          Federal Register    Amendment #2 to
                                   Order on Consent                        citation].          AOC No. APCP-2015-
                                   No. APCP-2015-118.                                          118, except for
                                                                                               paragraph 12.A.
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[FR Doc. 2023-13979 Filed 6-30-23; 8:45 am]
 BILLING CODE 6560-50-P