[Federal Register Volume 88, Number 98 (Monday, May 22, 2023)]
[Proposed Rules]
[Pages 32715-32717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10760]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2023-0197; FRL-10826-01-R7]


Air Plan Approval; State of Missouri; Construction Permits by 
Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Missouri State Implementation Plan (SIP) 
received on August 4, 2022. The submission removes a provision in the 
Missouri regulation ``Construction Permits By Rule'' that allows the 
burning of illegal and waste pharmaceutical drugs in crematories and 
animal incinerators. In the previous revision, submitted to EPA on 
March 7, 2019, EPA approved selected revisions of the rule but did not 
act on a portion of the revision that included the disposal of 
pharmaceuticals in crematories and animal incinerators because it 
conflicted with federal requirements on the incineration of illegal and 
waste pharmaceuticals. By removing the conflicting language, approval 
of these revisions will ensure consistency between State and federally 
approved rules. These revisions along with other minor text changes are 
administrative in nature and do not impact the stringency of the SIP or 
air quality. The EPA's proposed approval of this rule revision is in 
accordance with the requirements of the Clean Air Act (CAA).

DATES: Comments must be received on or before June 21, 2023.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2023-0197 to

[[Page 32716]]

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 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: Steven Brown, Environmental Protection 
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-7718; 
email address: [email protected].

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

Table of Contents

I. Written Comments
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. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2023-
0197, at 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 
www.epa.gov/dockets/commenting-epa-dockets.

II. What is being addressed in this document?

    The EPA is proposing to approve a SIP revision submitted by the 
State of Missouri on August 4, 2022. Missouri requests the EPA to 
approve revisions to 10 Code of State Regulations (CSR) 10-6.062 in the 
Missouri SIP. The state has revised the rule to remove a provision in 
the Missouri regulation ``Construction Permits By Rule'' that allowed 
the burning of illegal and waste pharmaceutical drugs in crematories 
and animal incinerators. In the previous revision, submitted to EPA on 
March 7, 2019, and in a final rulemaking, EPA approved selected 
revisions of the rule but did not act on a portion of the revision that 
included the disposal of pharmaceutical drugs because it conflicted 
with federal requirements on the incineration of illegal and waste 
pharmaceuticals. By removing the conflicting language, approval of 
these revisions will ensure consistency between State and federally 
approved rules. Other revisions include correcting typographical errors 
and a minor change to correct a reference to state rule CSR 10-6.060 
Construction Permits Required. After review and analysis of the 
revisions, the EPA concludes that these changes meet the requirements 
of the Clean Air Act and do not adversely affect air quality. The full 
text of these changes can be found in the State's submission, which is 
included in the docket for this action. The EPA's analysis of the 
revisions can be found in the technical support document (TSD), also 
included in the docket.

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 12/01/2021 to 2/
03/2022 and received no comments.
    In addition, as explained above and in more detail in the technical 
support document, which is part of this docket, the revision meets the 
substantive SIP requirements of the CAA, including section 110 and 
implementing regulations.

IV. What action is the EPA taking?

    The EPA is proposing to amend the Missouri SIP by approving the 
State's request to revise 10 CSR 10-6.062 ``Construction Permits By 
Rule.'' We are processing this as a proposed action because we are 
soliciting comments on this proposed action. Final rulemaking will 
occur after consideration of any comments.

V. 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 finalizing the 
incorporation by reference of the Missouri rule 10 CSR 10-6.062 
discussed in section II of this preamble and as set forth below in the 
proposed 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 Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air 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 Clean Air Act. 
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

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     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 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, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    Missouri 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. 
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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: May 15 2023.
Meghan A. McCollister,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA proposes to amend 
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

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2. In Sec.  52.1320, the table in paragraph (c) is amended by revising 
the entry ``10-6.062'' to read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (c) * * *

                                        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
 
                                                  * * * * * * *
    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
 
                                                  * * * * * * *
10-6.062.........................  Construction              7/30/2022  [Date of             ...................
                                    Permits By Rule.                     publication of the
                                                                         final rule in the
                                                                         Federal Register],
                                                                         [Federal Register
                                                                         citation of the
                                                                         final rule].
 
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[FR Doc. 2023-10760 Filed 5-19-23; 8:45 am]
BILLING CODE 6560-50-P


