[Federal Register Volume 89, Number 33 (Friday, February 16, 2024)]
[Rules and Regulations]
[Pages 12244-12246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03299]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2023-0199; FRL-10830-03-R7]


Approval of State Plans for Designated Facilities and Pollutants; 
MO; Approval and Promulgation of Implementation Plans; Control of 
Emissions From Existing Municipal Solid Waste Landfills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the Missouri State Implementation Plan (SIP) related to 
municipal solid waste landfills in the St. Louis ozone nonattainment 
area. The revision to this rule includes incorporating by reference 
Emission Guidelines (EG) for Municipal Solid Waste (MSW) landfills. EPA 
is approving this SIP revision based on EPA's finding that the rule 
implements more stringent thresholds and do not impact the stringency 
of the SIP or have an adverse effect on air quality. The EPA's approval 
of this rule revision is being done in accordance with the requirements 
of the Clean Air Act (CAA).

DATES: This final rule is effective March 18, 2024.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2023-0199. All documents in the docket are 
listed on the https://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 https://www.regulations.gov or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional information.

FOR FURTHER INFORMATION CONTACT: Allyson Prue, Environmental Protection 
Agency, Region 7 Office, Air Permitting and Planning Branch, 11201 
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7277; email address: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to EPA.

Table of Contents

I. Background
II. What is being addressed in this document?
III. Have the requirements for approval of a SIP revision been met?
IV. The EPA's Response to Comments
V. What action is the EPA taking?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews

I. Background

    On August 21, 2023, the EPA proposed to approve Missouri's 
submitted section 111(d) State Plan with two accompanying state rule 
revisions and a SIP revision in the Federal Register (88 FR 56787). The 
EPA proposed to approve both the section 111(d) State Plan with two

[[Page 12245]]

accompanying state rule revisions and SIP revision together. In this 
action, the EPA is finalizing approval of the revision to 10 CSR 10-
5.490 ``Municipal Solid Waste Landfills'' (which covers the St. Louis 
area) into Missouri's SIP. The EPA will act on the section 111(d) State 
Plan and the revision to 10 CSR 10-6.310 ``Restriction of Emissions 
From Municipal Solid Waste Landfills'' in a separate action.
    The proposed rule includes additional background information on 
Missouri's Municipal Solid Waste Landfill Rule for the St. Louis Ozone 
Nonattainment Area. The Technical Support Document (TSD), located in 
the docket for this rulemaking, includes the summary and analysis of 
Missouri's SIP Revision. The EPA solicited comments on the proposed 
approval of the submission and received one comment.

II. What is being addressed in this document?

    As part of this action, EPA is approving the revision to 10 CSR 10-
5.490, which implements the 2016 MSW landfill EG at more stringent 
thresholds in the St. Louis ozone nonattainment area, into Missouri's 
SIP. EPA's approval of 10 CSR 10-5.490 is in accordance with section 
110 of the CAA and 40 CFR part 51.
    EPA's detailed rationale and discussion of Missouri's revisions to 
10 CSR 10-5.490 can be found in the EPA TSD, located in the docket for 
this rulemaking.

III. Have the requirements for approval of a SIP revision been met?

    The State's 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 December 27, 
2021 to February 3, 2022 and held a public hearing on January 27, 2022. 
The State received one comment on 10 CSR 10-5.490 concerning 
incorporation by reference of federal requirements and modified the 
rule in response.
    In addition, as explained above and in more detail in the technical 
support document (TSD) which is part of this docket, the revision meets 
the substantive SIP requirements of the CAA, including section 110 and 
implementing regulations.

IV. The EPA's Response to Comments

    The public comment period on the EPA's proposed rule opened August 
21, 2023 the date of its publication in the Federal Register and closed 
on September 20, 2023. During this period, EPA received one comment 
from an individual commenter that was supportive of EPA's proposed 
action.

V. What action is the EPA taking?

    The EPA is taking final action to approve Missouri's SIP revision 
submitted by the MoDNR on July 25, 2022 revising Missouri state rule 10 
CSR 10-5.490, which incorporates requirements established in EPA's 
updated Emission Guidelines, into the Missouri SIP replacing the prior 
SIP-approved version of the state rule. EPA amends 40 CFR part 52, 
subpart AA, to reflect this action.

VI. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the Missouri 
state rule 10 CSR 10-5.490, state effective date July 30, 2022, which 
regulates municipal solid waste landfills in the St. Louis area as set 
forth below in the amendments to 40 CFR part 52. EPA has made, and will 
continue to make, these materials generally available through the 
docket for this action, EPA-R07-OAR-2023-0199, at https://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.

VII. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices 
provided that they meet the minimum criteria of the CAA. 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
     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 submission 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,

[[Page 12246]]

including those resulting from the negative environmental consequences 
of industrial, governmental, and commercial operations or programs and 
policies.''
    MoDNR 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.
    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 April 16, 2024. 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, Ozone, Particulate matter, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: February 12, 2024.
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 ``10-5.490'' to read as follows:


Sec.  52.1320  Identification of plan.

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    (c) * * *

                                        EPA-Approved Missouri Regulations
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    Missouri citation              Title         State effective date    EPA approval date       Explanation
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                                    Missouri Department of Natural Resources
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   Chapter 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
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                                                  * * * * * * *
10-5.490.................  Municipal Solid       July 30, 2022.......  2/16/2024, [insert    ...................
                            Waste Landfills.                            Federal Register
                                                                        citation].
 
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[FR Doc. 2024-03299 Filed 2-15-24; 8:45 am]
BILLING CODE 6560-50-P