Proposed Rule2022-06041
Air Plan Approval; Missouri; Restriction of Emissions Credit for Reduced Pollutant Concentrations From the Use of Dispersion Techniques
Primary source
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Published
March 25, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing approval of a State Implementation Plan (SIP) revision submitted by the State of Missouri on January 30, 2020. Missouri requests that the EPA approve revisions to a State regulation that limits the use of dispersion techniques to meet ambient air quality standards in the vicinity of major sources of air pollution. The use of certain dispersion techniques is prohibited by section 123 of the Clean Air Act (CAA). The revisions to the rule are a revised restructured version of the same rule. These revisions 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 CAA.
Full Text
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<title>Federal Register, Volume 87 Issue 58 (Friday, March 25, 2022)</title>
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[Federal Register Volume 87, Number 58 (Friday, March 25, 2022)]
[Proposed Rules]
[Pages 17050-17052]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-06041]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2022-0285; FRL-9645-01-R7]
Air Plan Approval; Missouri; Restriction of Emissions Credit for
Reduced Pollutant Concentrations From the Use of Dispersion Techniques
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 the
State of Missouri on January 30, 2020. Missouri requests that the EPA
approve revisions to a State regulation that limits the use of
dispersion techniques to meet ambient air quality standards in the
vicinity of major sources of air pollution. The use of certain
dispersion techniques is prohibited by section 123 of the Clean Air Act
(CAA). The revisions to the rule are a revised restructured version of
the same rule. These revisions 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 CAA.
DATES: Comments must be received on or before April 25, 2022.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2022-0285 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: 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: <a href="/cdn-cgi/l/email-protection#2042524f574e0e53544556454e604550410e474f56"><span class="__cf_email__" data-cfemail="8ae8f8e5fde4a4f9feeffcefe4caeffaeba4ede5fc">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.
[[Page 17051]]
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-2022-
0285, 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 a SIP revision submitted by the
State of Missouri on January 30, 2020. Missouri requests the EPA to
approve revisions to their SIP by replacing the existing rule, Title
10, Division 10 of the Code of State Regulations (CSR), (10 CSR 10-
6.140) ``Restriction of Emissions Credit for Reduced Pollutant
Concentrations from the Use of Dispersion Techniques'', with a revised
restructured version of the same rule. The State has revised this rule
in order to incorporate the provisions of 40 CFR part 51, appendix W-
Guideline on Air Quality Models, add definitions specific to this rule,
organize the rule into standard rule organizational format, and removes
unnecessary words. After review and analysis of the revisions, the EPA
concludes that these changes do not have adverse effects on 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 June 3, 2019, to
August 1, 2019, and received no comments. In addition, as explained
above and in more detail in the State submittal document and EPA's TSD,
which is in the 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 10-6.140 ``Restriction of Emissions
Credit for Reduced Pollutant Concentrations from the Use of Dispersion
Techniques.'' Approval of these revisions will ensure consistency
between State and federally approved rules. Because this rule was
previously approved into Missouri's SIP, we are soliciting comments
solely on the proposed revisions to the rule and not on the existing
text that is approved into Missouri's SIP. The EPA has determined that
these changes meet the requirements of the Clean Air Act and will not
have a negative impact to air quality. 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 proposing to
incorporate by reference the Missouri Regulations described in Section
II of this preamble as set forth in the proposed amendments to 40 CFR
part 52 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 Clean Air Act (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
[[Page 17052]]
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, Carbon monoxide,
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Sulfur oxides, Volatile organic compounds.
Dated: March 16, 2022.
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
0
2. In Sec. 52.1320, the table in paragraph (c) is amended by revising
the entry ``10-6.140'' 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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* * * * * * *
10-6.140.................. Restriction of 1/30/2020 [Date of publication
Emissions Credit for of the final rule
Reduced Pollutant in the Federal
Concentrations from Register], [Federal
the Use of Register citation
Dispersion of the final rule].
Techniques.
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[FR Doc. 2022-06041 Filed 3-24-22; 8:45 am]
BILLING CODE 6560-50-P
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