[Federal Register Volume 88, Number 149 (Friday, August 4, 2023)]
[Rules and Regulations]
[Pages 51711-51713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15848]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2023-0197; FRL-10826-02-R7]


Air Plan Approval; State of Missouri; Construction Permits by 
Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
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 ensures 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 approval of this rule revision is in accordance 
with the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on September 5, 2023.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2023-0197. 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 August 4, 2022. Missouri requested 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. After review and analysis of the revisions, the EPA 
concluded 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 12/01/2021 to 2/
03/2022 and received no comments. The EPA's Notice of Proposed 
Rulemaking (NPRM) and supporting information contained in the docket 
were made available for public comment from May 22, 2023, to June 21, 
2023 (88 FR 32715).
    The EPA received one comment. The commenter did not support the 
incineration of illegal and waste pharmaceuticals because of the 
potential negative human health and environmental impacts. The state 
removed the language in the rule allowing the incineration of illegal 
and waste pharmaceuticals. Therefore, the rule is consistent with 
federal regulations and EPA is able to approve this revision. The 
comment is included in the docket.
    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.

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 10-6.062 ``Construction Permits 
By Rule.'' Approval of these revisions will ensure consistency between 
State and federally approved rules. As described in the NPRM (88 FR 
32715), 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 10-6.062, state effective date July 30, 2022, 
which regulates the process by which sources can be exempt from 10 CSR 
10-6.060 Construction Permits Required. 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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[[Page 51712]]

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) 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 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 October 3, 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, Carbon monoxide, 
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: July 21, 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 ``10-6.062'' to read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (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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[[Page 51713]]

 
                                                  * * * * * * *
10-6.062.....................  Construction Permits by        7/30/2022  8/4/2023, [insert
                                Rule.                                     Federal Register
                                                                          citation].
 
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[FR Doc. 2023-15848 Filed 8-3-23; 8:45 am]
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