Rule2021-17713
Air Plan Approval; Missouri; Revision to Emission Data, Emission Fees and Process Information Rule
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 24, 2021
Effective
September 23, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve 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.
Full Text
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<title>Federal Register, Volume 86 Issue 161 (Tuesday, August 24, 2021)</title>
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[Federal Register Volume 86, Number 161 (Tuesday, August 24, 2021)]
[Rules and Regulations]
[Pages 47219-47221]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17713]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R07-OAR-2021-0416; FRL-8695-02-R7]
Air Plan Approval; Missouri; Revision to Emission Data, Emission
Fees and Process Information Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve 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: This final rule is effective on September 23, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2021-0416. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional information.
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: <a href="/cdn-cgi/l/email-protection#e48c818d9089858aca8e85978b8aa4819485ca838b92"><span class="__cf_email__" data-cfemail="cfa7aaa6bba2aea1e1a5aebca0a18faabfaee1a8a0b9">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA. A technical support document (TSD) is included in
the rulemaking docket for the proposed rule.
Table of Contents
I. Background
II. What is being addressed in this document?
III. Have the requirements for approval of a SIP and part 70
revision been met?
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background
On June 30, 2021, the EPA proposed to approve Missouri's submitted
SIP and Operating Permits Program revision in the Federal Register (86
FR 34677). The EPA solicited comments on the proposed approval of the
submission and received no comments.
II. What is being addressed in this document?
The EPA is approving 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 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.
III. Have the requirements for approval of a SIP and part 70 revision
been met?
The State 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
[[Page 47220]]
revision. The revision meets the substantive SIP requirements of the
Clean Air Act (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. The public comment period on the EPA's proposed
rule opened June 30, 2021, the date of its publication in the Federal
Register, and closed on July 30, 2021. During this period, the EPA
received no comments.
IV. What action is the EPA taking?
The EPA is approving 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.
V. Incorporation by Reference
The EPA is including regulatory text in this EPA final rule that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is incorporating by reference the Missouri
Regulation described in the amendments to 40 CFR part 52 set forth
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 the 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. The 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 October 25, 2021. 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
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: August 12,2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA amends 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 47221]]
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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* * * * * * *
10-6.110................... Reporting Emission 3/30/2021 8/24/2021, [Insert Section (3)(A),
Data, Emission Fees, Federal Register Emission Fees, has
and Process citation]. not been approved as
Information. part of the SIP.
* * * * * * *
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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 September
23, 2021.
* * * * *
[FR Doc. 2021-17713 Filed 8-23-21; 8:45 am]
BILLING CODE 6560-50-P
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