Proposed Rule2021-16847
Air Plan Approval; Missouri; Restriction of Particulate Matter Emissions From Fuel Burning Equipment Used for Indirect Heating
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 10, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing approval of a State Implementation Plan (SIP) revision submitted by Missouri on January 19, 2021. Missouri requests that the EPA approve into Missouri's SIP revisions to its rule related to the restriction of particulate matter emissions from fuel burning equipment used for indirect heating. These revisions add incorporation by reference information, remove unnecessary words, and make other editorial changes for clarity. The EPA believes that the revisions are administrative in nature, do not impact the stringency of the SIP and do not adversely impact air quality. The EPA's proposed approval of this rule revision is being done in accordance with the requirements of the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 86 Issue 151 (Tuesday, August 10, 2021)</title>
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[Federal Register Volume 86, Number 151 (Tuesday, August 10, 2021)]
[Proposed Rules]
[Pages 43613-43614]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16847]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2021-0476; FRL-8757-01-R7]
Air Plan Approval; Missouri; Restriction of Particulate Matter
Emissions From Fuel Burning Equipment Used for Indirect Heating
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) revision submitted by
Missouri on January 19, 2021. Missouri requests that the EPA approve
into Missouri's SIP revisions to its rule related to the restriction of
particulate matter emissions from fuel burning equipment used for
indirect heating. These revisions add incorporation by reference
information, remove unnecessary words, and make other editorial changes
for clarity. The EPA believes that the revisions are administrative in
nature, do not impact the stringency of the SIP and do not adversely
impact air quality. The EPA's proposed approval of this rule revision
is being done in accordance with the requirements of the Clean Air Act
(CAA).
DATES: Comments must be received on or before September 9, 2021.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2021-0476 to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>, 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: Robert F. Webber, Environmental
Protection Agency, Region 7 Office, Air Permitting and Standards
Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number:
(913) 551-7251; email address: <a href="/cdn-cgi/l/email-protection#a2d5c7c0c0c7d08cd0cdc0c7d0d6e2c7d2c38cc5cdd4"><span class="__cf_email__" data-cfemail="b8cfdddadaddca96cad7daddcaccf8ddc8d996dfd7ce">[email protected]</span></a>.
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 proposing to take?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2021-
4076, at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Once submitted, comments cannot
be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. 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 <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
II. What is being addressed in this document?
The EPA is proposing to approve revisions to the Missouri SIP
received on January 19, 2021. The revisions are to Title 10, Division
10 of the Code of State Regulations (CSR), 10 CSR 10-6.405
``Restriction of Particulate Matter Emissions from Fuel Burning
Equipment Used for Indirect Heating'' which restricts the emission of
particulate matter from fuel burning equipment used for indirect
heating except where 10 CSR 10-6.070 would be applied. This rule
applies throughout the state with additional conditions applicable to
the metropolitan areas of Kansas City, Springfield, and St. Louis.
These revisions add incorporation by reference information, remove
unnecessary words, and make other editorial changes for clarity. These
revisions are described in detail in the technical support document
(TSD) included in the docket for this action.
Missouri received two comments from the EPA during the comment
period. Missouri addressed the comments from the EPA. The EPA is
proposing to approve the revisions to this rule because it will not
have a negative impact on air quality.
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 January 2, 2020
to April 2, 2020. The State received and addressed two comments from
the EPA. As explained in more detail in the TSD which is part of this
docket, the SIP revision submission meets the substantive SIP
requirements of the CAA, including section 110 and implementing
regulations.
IV. What action is the EPA proposing to take?
The EPA is proposing to approve Missouri's request to revise 10 CSR
10-6.405. The EPA is soliciting comment on the substantive and
administrative revisions detailed in this proposal and the TSD. The EPA
is not soliciting comment on existing rule text that has been
previously approved by the EPA into the SIP. 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 proposing to
incorporate by reference the Missouri Regulation described in the
proposed amendments to 40 CFR part 52 set forth
[[Page 43614]]
below. The EPA has made, and will continue to make, these materials
generally available through <a href="http://www.regulations.gov">www.regulations.gov</a> 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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> Is not subject to requirements of the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
<bullet> 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 in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter.
Dated: July 30, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, 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
0
2. In Sec. 52.1320, the table in paragraph (c) is amended by revising
the entry ``10-6.405'' to read as follows:
Sec. 52.1320 Identification of plan.
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(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
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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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10-6.405.......................... Restriction of 9/30/2020 [Date of publication ..............
Particulate Matter of the final rule in
Emissions from Fuel the Federal
Burning Equipment Register], [Federal
Used for Indirect Register citation of
Heating. the final rule].
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[FR Doc. 2021-16847 Filed 8-9-21; 8:45 am]
BILLING CODE 6560-50-P
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