[Federal Register Volume 86, Number 123 (Wednesday, June 30, 2021)]
[Proposed Rules]
[Pages 34677-34679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13992]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2021-0416; FRL-10025-54-Region 7]


Air Plan Approval; Missouri; Revision to Emission Data, Emission 
Fees and Process Information Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing 
approval of a State Implementation Plan (SIP) and Operating Permits 
Program revision submitted by the State of Missouri on May 25, 2021. 
These revisions update the listed emission reporting years and update 
the emissions fee for permitted sources as set by Missouri Statute from 
$48 per ton of air pollution emitted annually to $53 in calendar year 
2021 and $55 per ton of air pollution emitted annually for emissions in 
calendar year 2022 and beyond; effective March 30, 2021.

DATES: Comments must be received on or before July 30, 2021.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2021-0416 to https://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 https://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: Jason Heitman, Environmental 
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201 
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7664; email address: heitman.jason@epa.gov.

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

Table of Contents

I. Written Comments
II. Background
III. What is being addressed in this document?
IV. Have the requirements for approval of a SIP and part 70 revision 
been met?
V. What action is the EPA proposing to take?
VI. Incorporation by reference
VII. Statutory and Executive Order Reviews

I. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2021-
0416, at https://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 https://www.epa.gov/dockets/commenting-epa-dockets.

II. Background

    The EPA granted full approval of the Missouri Operating Permit 
Program effective June 13, 1997 (see 62 FR 26405). Under title 40 Code 
of Federal Regulations (CFR) 70.9(a) and (b), an approved state's title 
V operating permits program must require that the owners or operators 
of part 70 sources pay annual fees, or the equivalent over some other 
period, that are sufficient to cover the permit program costs and 
ensure that any fee required under 40 CFR 70.9 is used solely for 
permit program costs. The fee schedule must result in the collection 
and retention of revenues sufficient to cover the permit program 
implementation and oversight costs.
    Missouri has determined that fee adjustments are needed to offset 
the effect of declining revenues and to maintain the solvency of the 
Missouri Air Pollution Control Program.

III. What is being addressed in this document?

    The EPA is proposing to approve revisions to the Missouri State 
Implementation Plan (SIP) and title V Operating Permits Program, 10-
6.110 ``Reporting Emission Data, Emission Fees, and Process 
Information,'' submitted to the EPA on May 25, 2021. Revisions to the 
program include updating emission reporting years and

[[Page 34678]]

increasing the annual emission fee. The annual emission fee will 
increase from $48 per ton of air pollution emitted annually to $53 in 
calendar year 2021 and increase again to $55 per ton of air pollution 
emitted annually for emissions in calendar year 2022 and beyond; 
effective March 30, 2021.

IV. Have the requirements for approval of a SIP and part 70 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 a public comment period for this Operating Permits 
Program and SIP revision from August 17, 2020, to October 1, 2020, and 
received one comment in support of the revison. The revision meets the 
substantive SIP requirements of the CAA, including section 110 and 
implementing regulations and is consistent with applicable EPA 
requirements in title V of the CAA and 40 CFR part 70.

V. What action is the EPA proposing to take?

    The EPA is proposing to approve the state's revision to 10 C.S.R. 
10-6.110 ``Reporting Emission Data, Emission Fees, and Process 
Information'', submitted by the state of Missouri on May 25, 2021. This 
revision updates the emissions fee for permitted sources in section 
(3)(A) and the emission reporting years in Table 4 of section (4)(B), 
as set by Missouri Statute. Specifically, section (3)(A) revises the 
emission fees section, which is approved under the Operating Permits 
Program only, and updates the emissions fee for permitted sources as 
set by Missouri Statute from $48 per ton of air pollution emitted 
annually to $53 in calendar year 2021 and $55 per ton of air pollution 
emitted annually for emissions in calendar year 2022 and beyond; 
effective March 30, 2021. Additional information on the EPA's analysis 
can be found in the Technical Support Document (TSD) included in this 
docket.
    We are processing this as a proposed action because we are 
soliciting comments. Final rulemaking will occur after consideration of 
any comments.

VI. 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 
incorporate by reference the Missouri Regulation described in the 
proposed 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).

VII. Statutory and Executive Order Reviews

    Under the Clean Air Act (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);
     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).
    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).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Reporting and recordkeeping requirements.

40 CFR Part 70

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Operating permits, 
Reporting and recordkeeping requirements.

    Dated: June 24,2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.
    For the reasons stated in the preamble, EPA proposes to amend 40 
CFR parts 52 and 70 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 ``10-6.110'' to read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (c) * * *

[[Page 34679]]



                                        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 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
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                                                  * * * * * * *
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10-6.110................  Reporting Emission           3/30/2021  [Date of publication    Section (3)(A),
                           Data, Emission Fees,                    of the final rule in    Emission Fees, has
                           and Process                             the Federal             not been approved as
                           Information.                            Register], [Federal     part of the SIP.
                                                                   Register citation of
                                                                   the final rule].
 
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PART 70--STATE OPERATING PERMIT PROGRAMS

0
3. The authority citation for part 70 continues to read as follows:

    Authority:  42 U.S.C. 7401, et seq.

0
4. In appendix A to part 70 the entry for ``Missouri'' is amended by 
adding paragraph (jj) to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs

* * * * *

Missouri

* * * * *
    (jj) The Missouri Department of Natural Resources submitted 
revisions to Missouri rule 10 CSR 10-6.110, ``Reporting Emission 
Data, Emission Fees, and Process Information'' on May 25, 2021. The 
state effective date is March 30, 2021. This revision is effective 
[date 60 days after date of publication of the final rule in the 
Federal Register].
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[FR Doc. 2021-13992 Filed 6-29-21; 8:45 am]
BILLING CODE 6560-50-P


