[Federal Register Volume 87, Number 154 (Thursday, August 11, 2022)]
[Rules and Regulations]
[Pages 49530-49532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16663]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2022-0432; FRL-9851-02-R7]


Air Plan Partial Approval and Partial Disapproval; Missouri; 
Construction Permits Required

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to partially approve and partially disapprove revisions to the 
Missouri State Implementation Plan (SIP) received on March 20, 2019 and 
June 10, 2021. The SIP revisions in the 2019 and 2021 submittals 
incorporate updates to construction permit requirement regulations for 
stationary and portable air sources in Missouri that help ensure 
ambient air quality standards are met. The changes include procedures 
for the Missouri Department of Natural Resources (MoDNR) to issue 
general permits, numerous organizational changes, administrative and 
typographical edits. The approved portions of the rule revision meet 
the requirements of the Clean Air Act. EPA is disapproving Section 
(1)(B) regarding voluntary permits. EPA is disapproving because the 
language of the provision is too vague and does not provide sufficient 
clarity for implementation.

DATES: The final rule is effective on September 12, 2022.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2022-0432. All documents in the docket are 
listed on the 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 www.regulations.gov or 
please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section for additional information.

FOR FURTHER INFORMATION CONTACT: Keith Johnson, Environmental 
Protection Agency, Region 7 Office, Air Permitting and Standards 
Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number: 
(913) 551-7737; email address: [email protected].

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

Table of Contents

I. What is being addressed in this document?
II. What is EPA's analysis of the rule revisions?
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. What is being addressed in this document?

    The EPA is partially approving and partially disapproving 
submissions from Missouri that revises 10 CSR 10-6.060 Construction 
Permits Required. The revisions were received by EPA on March 20, 2019, 
and June 10, 2021. The EPA proposed to partially approve and partially 
disapprove these submission on June 2, 2022 (87 FR 33464). The EPA's 
analysis of the revisions can be found in Section II of this document, 
Section III of the proposed rule, and in more detail in the technical 
support document (TSD) included in this docket.

II. What is EPA's analysis of the rule revisions?

    In the 2019 SIP submission, MoDNR stated that the revisions to this 
rule were extensive in order to clarify requirements and procedures for 
improving readability and regulatory certainty. These changes remove 
outdated references to incorporation by reference information and added 
appropriate incorporation by reference information to this rule. The 
changes clarify the definition of ``portable equipment installation'' 
and added procedures for issuing general permits in addition to other 
minor typographical corrections. For portable equipment installations, 
the potential to emit major source threshold of particulate matter was 
changed to match federal requirements.
    Also in Missouri's 2019 submission, the State requested to add a 
provision for voluntary permits. The EPA is disapproving Section (1)(B) 
of 10 CSR 10-6.060 regarding voluntary permits. EPA finds that the 
language of the voluntary permit provision is too vague. For a SIP 
revision to be approved, EPA evaluates the rule revisions to ensure 
that any new provisions are permanent, quantifiable, and enforceable. 
EPA is disapproving because there is no information in the rule on the 
conditions, requirements, and parameters for applying for, issuing, or 
implementing voluntary permits. Based on the limited language in the 
rule, it is unclear how MoDNR intended to implement the provision. The 
rule text and EPA's full analysis of the requested revisions is 
included in the TSD.
    Missouri's 2021 SIP submission amendments consisted primarily of 
administrative text edits and clarifications. A clarification to the 
definition of Portable equipment was added in Section 2 to explicitly 
state that ``any other air pollutant'' includes PM10 and 
PM2.5. As discussed in the TSD, EPA finds that this rule 
revision would not interfere with maintenance of the PM2.5 
or PM10 NAAQS. The submission also clarified referenced 
materials and ensures consistency with the federal requirements.
    Based on EPA's analysis of the requested revisions to 10 CSR 10-
6.060

[[Page 49531]]

as summarized here and more fully described in the TSD, EPA is 
approving all requested revisions, other than section (1)(B) regarding 
voluntary permits, because they meet the requirements of the Clean Air 
Act (CAA), do not negatively impact the stringency of the SIP, or have 
an adverse impact to air quality.

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

    With respect to the portions of the submittal which EPA is 
approving, the State submission 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 August 1, 2018 
to October 4, 2018 and received 56 comments. 32 comments were made by 
EPA, 21 comments from State of Missouri Air Program Staff, and 4 from 
the public. The State of Missouri revised the rule and responded to 
comments prior to submitting to the EPA. In addition, as explained 
above (and in more detail in the technical support document which is 
included in the docket for this action), the revisions proposed for 
approval meet the substantive SIP requirements of the CAA, including 
section 110 and implementing regulations.
    As explained in Section II and further in the TSD, EPA is 
disapproving Section (1)(B) of 10 CSR 10-6.060 regarding voluntary 
permits.
    The EPA received no comments on the proposed rule during the public 
comment period which opened on June 2, 2022, the date of publication in 
the Federal Register, and closed on July 5, 2022.

IV. What action is the EPA taking?

    The EPA is amending the Missouri SIP by partially approving and 
partially disapproving the State's request to revise 10 CSR 10-6.060 
``Construction Permits Required.'' Under section 179(a) of the CAA, 
final disapproval of a submittal that addresses a requirement of part 
D, title I of the CAA (CAA sections 171-193) or is required in response 
to a finding of substantial inadequacy as described in CAA section 
110(k)(5) (SIP Call) starts a sanctions clock. The Missouri SIP 
submission that we are partially disapproving was not submitted to meet 
either of these requirements. Therefore, this partial disapproval will 
not trigger mandatory sanctions under CAA section 179. In addition, CAA 
section 110(c)(1) provides that EPA must promulgate a Federal 
Implementation Plan (FIP) within two years after either finding that a 
State has failed to make a required submission or disapproving a SIP 
submission in whole or in part, unless EPA approves a SIP revision 
correcting the deficiencies within that two-year period. With respect 
to our partial disapproval of Missouri's SIP submission, however, we 
conclude that any FIP obligation resulting from this partial 
disapproval is satisfied by our determination that there is no 
deficiency in the SIP to correct. Specifically, we are approving all 
revisions to the state rule except the voluntary permits provision 
discussed in this action therefore this action creates no deficiency in 
the SIP.

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 rule 10 CSR 10-6.060 as described in Section I of this 
preamble and set forth below in the amendments to 40 CFR part 52. 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).

VI. 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, the 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).
     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).
     This action is subject to the Congressional Review Act, 
and the 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 CAA, petitions for judicial 
review of this action must be filed in the United States Court of 
Appeals for the appropriate circuit by October 11, 2022. 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, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate

[[Page 49532]]

matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: July 29, 2022.
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 ``10-6.060'' under the heading ``Chapter 6--Air Quality 
Standards, Definitions, Sampling and Reference Methods, and Air 
Pollution Control Regulations for the State of Missouri'' to read as 
follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Missouri Regulations
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                                                          State
       Missouri citation                Title           effective     EPA approval date         Explanation
                                                           date
----------------------------------------------------------------------------------------------------------------
                                    Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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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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                                                  * * * * * * *
10-6.060......................  Construction Permits     5/30/2020  8/11/2022, [insert     Provisions of the
                                 Required.                           Federal Register       2010 PM2.5 PSD-
                                                                     citation].             Increments, SILs and
                                                                                            SMCs rule relating
                                                                                            to SILs and SMCs
                                                                                            that were affected
                                                                                            by the January 22,
                                                                                            2013 U.S. Court of
                                                                                            Appeals decision are
                                                                                            not SIP approved.
                                                                                            Provisions of the
                                                                                            2002 NSR reform rule
                                                                                            relating to the
                                                                                            Clean Unit
                                                                                            Exemption, Pollution
                                                                                            Control Projects,
                                                                                            and exemption from
                                                                                            recordkeeping
                                                                                            provisions for
                                                                                            certain sources
                                                                                            using the actual-to-
                                                                                            projected-actual
                                                                                            emissions
                                                                                            projections test are
                                                                                            not SIP approved.
                                                                                            ``Livestock and
                                                                                            livestock handling
                                                                                            systems from which
                                                                                            the only potential
                                                                                            contaminant is
                                                                                            odorous gas.''
                                                                                            Section 9,
                                                                                            pertaining to
                                                                                            hazardous air
                                                                                            pollutants, is not
                                                                                            SIP approved. EPA
                                                                                            previously approved
                                                                                            the 3/30/2016 state
                                                                                            effective date
                                                                                            version of 10 CSR 10-
                                                                                            6.060, with the
                                                                                            above exceptions, in
                                                                                            a Federal Register
                                                                                            document published
                                                                                            October 11, 2016.
                                                                                            Section (1)(B) of 10
                                                                                            CSR 10-6.060
                                                                                            covering the
                                                                                            voluntary permit
                                                                                            provision is not SIP
                                                                                            approved.
 
                                                  * * * * * * *
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[FR Doc. 2022-16663 Filed 8-10-22; 8:45 am]
BILLING CODE 6560-50-P


