[Federal Register Volume 84, Number 184 (Monday, September 23, 2019)]
[Rules and Regulations]
[Pages 49661-49663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20321]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2019-0328; FRL-9999-73--Region 7]


Air Plan Approval; Missouri; Rescission of Information on Sales 
of Fuels To Be Provided and Maintained and Certain Coals To Be Washed

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving two 
State Implementation Plan (SIP) revision submissions from the State of 
Missouri. In these submissions, the State requested that two rules 
relating to the sales of fuel and coal washing be rescinded from the 
Missouri SIP. The EPA received both submissions on December 4, 2018, 
and received supplemental information for both submissions on May 6, 
2019. The EPA reviewed the submissions and supplemental information and 
determined that rescission of these rules from the SIP does not impact 
the stringency of the SIP or air quality. Approval of the submissions 
will ensure consistency between state and federally approved rules and 
is being done in accordance with the requirements of the Clean Air Act 
(CAA).

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

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2019-0328. 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: Tracey Casburn, Environmental 
Protection Agency, Region 7 Office, Air Quality and Planning Branch, 
11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 
551-

[[Page 49662]]

7016; email address casburn.tracey@epa.gov.

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. What is the EPA's response to comment received?
V. What action is the EPA taking?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews

I. Background

    On July 2, 2019, the EPA proposed the rescission of two rules 
relating to the sales of fuel and coal washing be rescinded from the 
Missouri SIP in the Federal Register. See 84 FR 31541. The EPA 
solicited comments on the proposed SIP revisions and received one 
comment.

II. What is being addressed in this document?

    The EPA is approving two requests to revise the Missouri SIP, 
received on December 4, 2018. Supplemental information for both 
submissions was received on May 6, 2019. In the submissions, the State 
requested that two rules, found at Title 10, Division 10 of the code of 
state regulations (CSR)-10 CSR 10-5.120 Information on Sales of Fuels 
to be Provided and Maintained and 10 CSR 10-5.130 Certain Coals to be 
Washed- be rescinded from the Missouri SIP. A detailed discussion of 
the submissions was provided in the EPA's July 2, 2019, Federal 
Register document and in a technical support document (TSD) in the 
docket to this action. See 84 FR 31541.

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 submissions also 
satisfied the completeness criteria of 40 CFR part 51, appendix V. The 
State provided public notice of the revisions from June 15, 2018, to 
September 6, 2018, and held a public hearing on August 30, 2018. The 
State received and addressed one comment. The comment was from the EPA 
and was general in nature. No changes were made to the proposals to 
rescind the rules in response to the EPA's comment. As explained in 
more detail in the TSD, which is part of this docket, the SIP revision 
submissions met the substantive requirements of the CAA, including 
section 110 and implementing regulations.

IV. What is the EPA's response to comment received?

    The public comment period opened the date of the publication the 
EPA's proposed rule in the Federal Register, July 2, 2019, and closed 
on August 1, 2019. During this period, the EPA received one comment.
    Comment: The commenter stated that the EPA must perform it's own 
search of residential sources and positively determine whether there 
are any residences that burn coal or residual fuel oil as a heating 
source, and, if the EPA were to find a residential source, it must 
evaluate any relaxations that could occur by allowing the State to 
remove the regulations from the SIP.
    Response: The commenter is concerned that the EPA did not fully 
evaluate if rescinding the coal washing and fuel sale receipt rules 
would result in relaxations in air quality standards because there may 
or may not be residential consumers of coal and/or fuel oil. As noted 
in the TSD (provided in the docket to this rulemaking), the EPA did not 
evaluate potential emissions from residential consumers because it and 
the state were not aware of any. The rules pre-dated the CAA and were 
promulgated to reduce impacts from smoke and soot in the St. Louis 
metropolitan area. When the rules were promulgated in the 1960's, 
inexpensive bituminous coal, high in sulfur content and ash, was in 
abundant supply in nearby southern Illinois. Almost all industrial and 
commercial facilities, as well apartment buildings and single-family 
homes, burned this coal contributing to the smoke problem in the city. 
The rules were intended to move consumers toward burning better quality 
coal and fuel oil in the metro area. 10 CSR 10-5.120 functioned purely 
to monitor the sale of fuel oil and coal and 10 CSR 10-5.130 required 
consumers of coal with more than 2 percent sulfur and/or 12 percent ash 
to wash the coal prior to burning it.
    In order to address the commenter's concern regarding the EPA's 
consideration of impacts from residential users, the EPA reviewed 
historical household fuel use data provided by the U.S. Census 
Bureau.\1\ As shown in Table 1, in 2000, there are were no residential 
users of coal and only 0.6 percent of households using fuel oil, in all 
of Missouri. A review of heating fuel use from 1940 to 2000 shows a 
significant decline in residential fuel oil and coal usage and a 
significant increase in residential use of utility gas and electricity.
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    \1\ https://www.census.gov/hhes/www/housing/census/historic/fuels.html.

                                               Table 1--Missouri Historical Census--House Heating Fuel Use
                                                             [Fuel use provided in percent]
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                                    Occupied
              Year                   units     Utility gas     LP gas      Electricity     Fuel oil       Coal         Wood        Other       No fuel
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2000............................    2,194,594         57.5         13.4            24.5          0.6            0          3.5          0.2          0.2
1990............................    1,961,206         60.4           12            18.1          1.5            0          7.6          0.2          0.1
1980............................    1,793,399           65         14.3            11.7          3.5          0.1          5.2          0.2            0
1970............................    1,520,567         67.8         16.7             2.9          8.7          0.9          2.5          0.4          0.1
1960............................    1,359,973         51.3          9.9             0.4         17.1         12.2          8.8          0.2          0.1
1950............................    1,162,305         24.5            2             0.2         15.8         40.1         15.4          1.4          0.3
1940............................    1,049,033          4.7           NA              NA          3.5         61.7         29.9          0.1          0.1
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    Even if the EPA were to become aware of a residential consumer of 
coal or fuel oil in the St. Louis metropolatin area, neither rule 
regulated emissions of sulfur dioxide (SO2) or particulate 
matter (PM), nor did the rules limit the amount of fuel oil or coal 
that could be burned. There would not be a relaxation in direct 
emissions from residential consumers attributed to the rules' 
rescission because, as mentioned, there was no existing limitation on 
those direct emissions. Additionally, the state did not rely on 10 CSR 
10-5.120 or 10 CSR 10-5.130 for any quantifiable emission reductions in 
any plan to attain or maintain any National Ambient Air Quality 
Standard (NAAQS).

[[Page 49663]]

V. What action is the EPA taking?

    The EPA is ammending the Missouri SIP by rescinding 10 CSR 10-5.120 
Information on Sales of Fuels to be Provided and Maintained and 10 CSR 
10-5.130 Certain Coals to be Washed. Approval of these revisions will 
ensure consistency between State and federally-approved rules. These 
rescissions will not impact air quality since the rules do not 
effectively limit emissions or the amount of fuel that can be burned 
and do not function to achieve attainment or maintenance of the 
National Ambient Air Quality Standards (NAAQS).

VI. Incorporation by Reference

    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 Regulations and Statutes from the Missouri State 
Implementation Plan, which is incorporated by reference in accordance 
with the requirements of 1 CFR part 51.

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 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. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    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 November 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, Certain coals to 
be washed, Incorporation by reference, Information on fuel sales, 
Particulate matter, Rescission, Sulfur dioxide.

    Dated: September 11, 2019.
Mike Brincks,
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


Sec.  52.1320  [Amended]

0
2. In Sec.  52.1320, the table in paragraph (c) is amended by removing 
entries ``10-5.120'' and ``10-5.130'' under the heading ``Chapter 5--
Air Quality Standards and Air Pollution Control Regulations for the St. 
Louis Metropolitan Area''.

[FR Doc. 2019-20321 Filed 9-20-19; 8:45 am]
BILLING CODE 6560-50-P


