[Federal Register Volume 84, Number 164 (Friday, August 23, 2019)]
[Rules and Regulations]
[Pages 44233-44235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18041]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2019-0289; FRL-9998-42-Region 7]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a State Implementation Plan (SIP) revision submitted 
by the State of Missouri on November 2, 2018. This final action 
replaces a Consent Decree in Missouri's SIP with an Administrative 
Order on Consent (AOC) between the Missouri Department of Natural 
Resources (MoDNR) and Kansas City Power and Light (KCPL). The EPA is 
also approving an amendment to the AOC. This action strengthens 
Missouri's SIP by replacing an outdated Consent Decree with an AOC and 
its Amendment that reflect current operating conditions at the facility 
and does not result in an increase in sulfur dioxide (SO2) 
emissions from the Lake Road Generating Facility.

DATES: This final rule is effective on September 23, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2019-0289. 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: Jonathan Meyer, Environmental 
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201 
Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-
7140; email address meyer.jonathan@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to the 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. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background

    On June 17, 2019, the EPA proposed to approve revisions in the 
Federal Register to the Missouri SIP that replaced a Consent Decree in 
Missouri's SIP with an AOC between the MoDNR and KCPL. See 84 FR 27996. 
The EPA also proposed to approve an amendment to the AOC. The EPA 
solicited comments on the proposed revision to Missouri's SIP, and did 
not receive any comments.

II. What is being addressed in this document?

    The EPA is approving a SIP revision submitted by the State of 
Missouri on November 2, 2018. The revision consists of an AOC between 
the MoDNR and KCPL that limits emissions of SO2 from KCPL's 
Lake Road Generating facility in St. Joseph, Missouri, and an Amendment 
to the AOC. The AOC and its Amendment replace a Consent Decree in 
Missouri's SIP and strengthens SO2 control requirements for 
KCPL's Lake Road Generating facility by limiting the types of fuels 
that may be combusted in boilers at the facility. This action 
strengthens Missouri's SIP by replacing an outdated Consent Decree with 
an AOC and its Amendment that reflect current operating conditions at 
the facility and does not result in an increase in SO2 
emissions from the Lake Road Generating Facility.
    A detailed discussion of Missouri's SIP revision was provided in 
EPA's June 17, 2019, Federal Register document and in a Technical 
Support Document that is available in the docket for this action. See 
84 FR 27996.

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 this SIP revision from July 30, 2018, 
to September 6, 2018, and received zero comments. In addition, the 
revision meets the substantive SIP requirements of the CAA, including 
section 110 and implementing regulations.

IV. What action is the EPA taking?

    We are taking final action to replace the May 25, 2001, St. Joseph 
Light and Power Consent Decree with the 2015 AOC and 2018 Amendment 
between MoDNR and KCPL.

V. 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 Source-Specific Orders described in the amendments to 40 CFR 
part 52 set forth below. 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\
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

    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 Source-Specific Permits and Orders from the Missouri 
State Implementation Plan, which is incorporated by reference in 
accordance with the requirements of 1 CFR part 51.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission

[[Page 44234]]

that complies with the provisions of the 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 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     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);
     Is not subject to requirements of the National Technology 
Transfer and Advancement Act (NTTA) because this rulemaking does not 
involve technical standards; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the 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).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. Section 804, however, exempts from section 801 the 
following types of rules: rules of particular applicability; rules 
relating to agency management or personnel; and rules of agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). 
Because this is a rule of particular applicability, EPA is not required 
to submit a rule report regarding this action under section 801.
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 22, 2019. 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, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated:August 15, 2019.
Edward Chu,
Acting 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 (d) is amended by:
0
a. Revising entry ``(17)''; and
0
b. Adding entries ``(32)'' and ``(33)'' to the end of the table.
    The revision and additions read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (d) * * *

                            EPA-Approved Missouri Source-Specific Permits and Orders
----------------------------------------------------------------------------------------------------------------
                                                             State
          Name of source           Order/permit number  effective date   EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(17) St. Joseph Light & Power SO2  Consent Decree.....       5/21/2001  11/15/2001, 66 FR    Removed and
                                                                         57389 and 8/23/      replaced on 8/23/
                                                                         2019, [insert        2019 with (32) and
                                                                         Federal Register     (33).
                                                                         citation].
 
                                                  * * * * * * *
(32) Kansas City Power and Light-- Administrative            9/27/2018  8/23/2019, [insert   ...................
 Lake Road Facility.                Order on Consent                     Federal Register
                                    No. APCP-2015-118.                   citation].
(33) Kansas City Power and Light-- Amendment #1 to           9/27/2018  8/23/2019, [insert   ...................
 Lake Road Facility.                Administrative                       Federal Register
                                    Order on Consent                     citation].
                                    No. APCP-2015-118.
----------------------------------------------------------------------------------------------------------------


[[Page 44235]]

* * * * *

[FR Doc. 2019-18041 Filed 8-22-19; 8:45 am]
 BILLING CODE 6560-50-P


