Rule2021-21032
Air Plan Approval; Missouri; Control of Emissions From Batch Process Operations
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
September 29, 2021
Effective
October 29, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve a revision to the State Implementation Plan (SIP) for the State of Missouri. This final action will amend the SIP to incorporate revisions to Missouri's rule related to control of emissions from batch process operations. These revisions update references to the appropriate State rule for New Source Performance Regulations. These revisions are administrative in nature and do not reduce the stringency of the SIP or have an adverse impact to air quality. The EPA's 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 186 (Wednesday, September 29, 2021)</title>
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[Federal Register Volume 86, Number 186 (Wednesday, September 29, 2021)]
[Rules and Regulations]
[Pages 53870-53872]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21032]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2021-0474; FRL-8755-02-R7]
Air Plan Approval; Missouri; Control of Emissions From Batch
Process Operations
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 revision to the State Implementation Plan (SIP) for
the State of Missouri. This final action will amend the SIP to
incorporate revisions to Missouri's rule related to control of
emissions from batch process operations. These revisions update
references to the appropriate State rule for New Source Performance
Regulations. These revisions are administrative in nature and do not
reduce the stringency of the SIP or have an adverse impact to air
quality. The EPA's approval of this rule revision is being done in
accordance with the requirements of the Clean Air Act (CAA).
DATES: This final rule is effective on October 29, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2021-0474. 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.,
confidential business information (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: 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#46312324242334683429242334320623362768212930"><span class="__cf_email__" data-cfemail="5c2b393e3e392e722e333e392e281c392c3d723b332a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA.
[[Page 53871]]
Table of Contents
I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is the EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is being addressed in this document?
The EPA is approving 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 10-5.540 ``Control of Emissions
From Batch Process Operations'' which limits the volatile organic
compound (VOC) emissions from batch process operations by incorporating
reasonably available control technology (RACT) requirements in the St.
Louis 1997 ozone nonattainment area as required by the Clean Air Act
Amendments (CAAA) of 1990. These revisions remove references to State
rule 10 CSR 10-6.030, ``Sampling Methods for Air Pollution Sources,''
and replaces them with references to 10 CSR 10-6.070, ``New Source
Performance Regulations,'' where the new source performance standards
in 40 CFR part 60 are appropriately incorporated by reference. These
revisions are described in detail in the technical support document
(TSD) included in the docket for this action.
The public comment period on the EPA's proposed rule opened August
9, 2021, the date of its publication in the Federal Register and closed
on September 8, 2021 (86 FR 43459). During this period, the EPA
received no comments. The EPA is finalizing approval of the revisions
to this rule because it meets the requirements of the Clean Air Act and
will not have a negative impact on air quality.
II. Have the requirements for approval of a SIP revision been met?
The State's 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 December 16,
2019, to February 6, 2020 and received no comments. As explained in the
EPA's proposed rule and in the TSD included in the docket, the
revisions meet the substantive SIP requirements of the CAA, including
section 110 and implementing regulations.
III. What action is the EPA taking?
The EPA is taking final action to amend the Missouri SIP by
approving the State's request to revise 10 CSR 10-5.540, ``Control of
Emissions from Batch Process Operations.'' The EPA received no comments
on the revisions detailed in the EPA's proposed rule and the TSD
contained in the docket for this action. The EPA did not solicit
comments on existing rule text that has been previously approved by the
EPA into the SIP.
IV. 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 Regulations 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).
Therefore, these materials have been approved by the EPA for
inclusion in the State Implementation Plan, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of the EPA's approval, and will be incorporated by reference
in the next update to the SIP compilation.\1\
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\1\ 62 FR 27968, May 22, 1997.
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V. 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, 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).
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. 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
[[Page 53872]]
Court of Appeals for the appropriate circuit by November 29, 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 in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Volatile organic compounds.
Dated: September 22, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, 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 ``10-5.540'' 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 EPA approval date Explanation
date
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Missouri Department of Natural Resources
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Chapter 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
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10-5.540........................ Control of 7/30/2020 9/29/2021, [insert
Emissions From Federal Register
Batch Process citation].
Operations.
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[FR Doc. 2021-21032 Filed 9-28-21; 8:45 am]
BILLING CODE 6560-50-P
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