[Federal Register Volume 88, Number 161 (Tuesday, August 22, 2023)]
[Proposed Rules]
[Pages 57018-57020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17986]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2023-0403; FRL-11259-01-R7]


Air Plan Approval; MO; Control of Emissions From Volatile Organic 
Liquid Storage

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) 
related to the control of emissions from volatile organic liquid 
storage. The revisions to this rule include adding incorporations by 
reference to other state rules, adding definitions specific to the 
rule, revising unnecessarily restrictive or duplicative language, and 
making administrative wording changes. These revisions do not impact 
the stringency of the SIP or have an adverse effect on air quality. The 
EPA's proposed approval of this rule revision is being done in 
accordance with the requirements of the Clean Air Act (CAA).

DATES: Comments must be received on or before September 21, 2023.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2023-0403 to 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: Bethany Olson, Environmental 
Protection Agency, Region 7 Office, Air Permitting and Planning Branch, 
11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 
551-7905; 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-
0403, 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 revisions to the Missouri SIP 
received on February 15, 2019, and June 10, 2021, and a supplemental 
submission on April 24, 2023. The revisions are to Title 10, Division 
10 of the Code of State Regulations (CSR), 10 CSR 10-5.500 ``Control of 
Emissions from Volatile Organic Liquid Storage.'' The purpose of the 
state regulation is to limit the volatile organic compound (VOC) 
emissions from installations with volatile organic liquid storage 
vessels in the St. Louis 1997 eight (8)-hour ozone nonattainment area 
by incorporating reasonably available control technology (RACT) as 
required by the Clean Air Act Amendments (CAAA) of 1990. Missouri made 
multiple revisions to the rule. These proposed revisions add 
incorporations by reference to other state rules, add definitions 
specific to the rule, revise unnecessarily restrictive or duplicative 
language, and make administrative wording changes. EPA proposes to find 
that these revisions meet the requirements of the Clean Air Act, do not 
impact the stringency of the SIP, and do not adversely impact air 
quality. The full text of the rule revisions as well as EPA's analysis 
of the revisions can be found in the technical support document (TSD) 
included in this 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 the first SIP revision from June 15, 
2018, to September 6, 2018, and held a public hearing on August 30, 
2018. Missouri received ten comments from two sources during the 
comment period on 10 CSR 10-5.500. The EPA provided nine comments. 
Missouri responded to all comments and revised the rule based on public 
comments prior to submitting to EPA, as noted in the State submission 
included in the docket for this action. The State provided public 
notice on the second SIP revision from November 15, 2019, to February 
6, 2020, and held a public hearing on January 30, 2018. Missouri 
received one comment from a staff member during the comment period. The 
State revised the rule purpose statement based on the comment prior to 
submitting to EPA. As explained above and in more detail in the 
technical support document which is part of this document, the 
revisions meet 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 10-5.500 ``Control of Emissions from 
Volatile Organic Liquid Storage.'' 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 proposing to 
finalize the incorporation by reference of the Missouri rule 10 CSR 10-
5.500, with a state effective date of July 30, 2020, which regulates 
emissions from volatile organic liquid storage. 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

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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 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, 
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 Missouri Department of Natural Resources 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. Due to the nature of the action being 
taken here, this action is expected to have a neutral to positive 
impact on the air quality of the affected area. 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, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: August 16, 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

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 ``10-5.500'' 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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                                                  * * * * * * *
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   Chapter 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
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                                                  * * * * * * *
10-5.500.................  Control of Emissions         7/30/2020  [Date of publication    Section (2)(N)4 is
                            From Volatile Organic                   of the final rule in    not SIP-approved.
                            Liquid Storage.                         the Federal             Section (5)(F)
                                                                    Register], [Federal     retains a previously
                                                                    Register citation of    approved version of
                                                                    the final rule].        the state rule text.
 
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[FR Doc. 2023-17986 Filed 8-21-23; 8:45 am]
BILLING CODE 6560-50-P