Proposed Rule2022-07292
Air Plan Approval; Missouri; Start-Up, Shutdown, and Malfunction Conditions
Primary source
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Published
April 7, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve revisions to the Missouri State Implementation Plan (SIP) received on February 11, 2020. In the submission, Missouri requests to revise a regulation related to reporting of start-up, shutdown, and malfunction (SSM) events. The revisions to this rule include adding incorporations by reference to other State rules, including definitions specific to the rule and making administrative wording changes. These revisions do not impact the stringency of the SIP or air quality. Approval of these revisions will ensure consistency between State and federally approved rules.
Full Text
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<title>Federal Register, Volume 87 Issue 67 (Thursday, April 7, 2022)</title>
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[Federal Register Volume 87, Number 67 (Thursday, April 7, 2022)]
[Proposed Rules]
[Pages 20367-20370]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07292]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2022-0329; FRL-9699-01-R7]
Air Plan Approval; Missouri; Start-Up, Shutdown, and Malfunction
Conditions
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
[[Page 20368]]
Implementation Plan (SIP) received on February 11, 2020. In the
submission, Missouri requests to revise a regulation related to
reporting of start-up, shutdown, and malfunction (SSM) events. The
revisions to this rule include adding incorporations by reference to
other State rules, including definitions specific to the rule and
making administrative wording changes. These revisions do not impact
the stringency of the SIP or air quality. Approval of these revisions
will ensure consistency between State and federally approved rules.
DATES: Comments must be received on or before May 9, 2022.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2022-0329 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: Allie Donohue, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7986; email address: <a href="/cdn-cgi/l/email-protection#21454e4f4e4954440f404d4d4844614451400f464e57"><span class="__cf_email__" data-cfemail="66020908090e130348070a0a0f032603160748010910">[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. Background
IV. Have the requirements for approval of a SIP revision been met?
V. What action is the EPA taking?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2022-
0329, 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 Missouri's revisions to 10 Code of
State Regulation (CSR) 10-6.050, Start-Up, Shutdown, and Malfunction
Conditions, which relate to reporting of SSM events in the Missouri
SIP. These provisions in the SIP require the reporting of SSM events to
the Missouri Department of Natural Resources (MoDNR). Specifically, the
provisions set the time by which such notification must occur, define
what constitutes an SSM event, and establish the required contents of
the written report including but not limited to measures taken to
mitigate the extent and duration of the excess emissions, measures
taken to remedy the situation which caused the excess emissions and the
measures taken or planned to prevent the recurrence of these
situations.
The EPA received the MoDNR's SIP revision submission on February
11, 2020. The EPA's full analysis of the revisions can be found in the
technical support document (TSD) included in this docket.
In 10 CSR 10-6.050 Section (2) Definitions, the State incorporated
definitions for ``excess emissions'' into subsection (A),
``malfunction'' into subsection (B), ``shutdown'' into subsection (C),
and start-up into subsection (D). The definitions in the revision are
the same as the definitions in the SIP approved 10 CSR 10-6.020. The
revisions to Section (2) Definitions also move language about
definitions not included in 10 CSR 10-6.050 into subsection (E).
Because the language was already SIP-approved, and because the
definitions relate to requirements related to informational reporting
on SSM events, EPA finds that these revisions do not affect the
stringency of the SIP. The rule revisions also include minor word
changes, which are administrative in nature and do not affect the
stringency of the SIP.
EPA finds that approving these revisions into the Missouri SIP is
consistent with EPA's policy as further described in Section III.
III. Background
On February 22, 2013, the EPA issued a Federal Register notice of
proposed rulemaking outlining EPA's policy at the time with respect to
SIP provisions related to periods of SSM. EPA analyzed specific SSM SIP
provisions and explained how each one either did or did not comply with
the Clean Air Act (CAA) with regard to excess emission events.\1\ EPA
finalized this proposed action on June 12, 2015, in ``State
Implementation Plans: Response to Petition for Rulemaking; Restatement
and Update of EPA's SSM Policy Applicable to SIPs; Findings of
Substantial Inadequacy; and SIP Calls To Amend Provisions Applying to
Excess Emissions During Periods of Startup, Shutdown and Malfunction''
(80 FR 33839, June 12, 2015), hereafter referred to as the ``2015 SSM
SIP Action.''
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\1\ State Implementation Plans: Response to Petition for
Rulemaking; Findings of Substantial Inadequacy; and SIP Calls To
Amend Provisions Applying to Excess Emissions During Periods of
Startup, Shutdown, and Malfunction, 78 FR 12460 (Feb. 22, 2013).
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As described in section IX.H.3 of the February 2013 proposal, EPA
reviewed the Missouri rule at issue in this action because it was
included in a Sierra Club petition.\2\ Sierra Club argued that this
Missouri provision gave State personnel authority to determine where
enforcement action should be taken based on information a source
submits about excess emissions resulting from a malfunction, start-up,
or shutdown. EPA denied the petition on this provision and
affirmatively found the provision to be consistent with the 2015 policy
``on the basis that the provision is on its face clearly applicable
only to Missouri state enforcement personnel and that the provision
thus could not reasonably be read by a court to foreclose enforcement
by the EPA or through a citizen suit where Missouri state personnel
elect to exercise enforcement discretion.'' As a result, Missouri rule,
10 Code of State Regulation (CSR) 10-6.050, Start-Up, Shutdown, and
Malfunction Conditions, was not included in the 2015 SSM SIP Call.
Because the Missouri submittal does not substantively alter this rule,
EPA's previous conclusions relating to
[[Page 20369]]
this provision's compliance with EPA's SSM policy remain unchanged.
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\2\ Petition to Find Inadequate and Correct Several State
Implementation Plans under section 110 of the Clean Air Act Due to
Startup, Shutdown, Malfunction, and/or Maintenance Provisions (June
30, 2011).
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IV. 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
July 3, 2019 and received 6 comments. Five comments were from industry
groups and one comment was from EPA. The industry comments all related
to reporting excess emissions as soon as possible. Ultimately, the
State opted not to include additional language to this effect and
maintained that notification must occur within two days. The EPA
comment letter indicated that EPA did not have comments on the rule
changes. Therefore, the State adequately addressed each comment. In
addition, as explained above, the revision meets the substantive SIP
requirements of the CAA, including section 110 and implementing
regulations.
V. What action is the EPA proposing?
The EPA is proposing to approve Missouri's revisions to 10 CSR 10-
6.050, Start-Up, Shutdown, and Malfunction Conditions, which relate to
reporting of SSM events in the Missouri SIP as submitted to EPA on
February 11, 2020. We are soliciting comments on this proposed action.
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. Final
rulemaking will occur after consideration of any comments.
VI. 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 and 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).
VII. 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 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, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: March 31, 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 ``10-6.050'' to read as follows:
Sec. 52.870 Identification of plan.
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(c) * * *
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EPA-Approved Missouri Regulations
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State EPA approval
Missouri citation Title effective date 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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10-6.050...................... Start-Up, 1/30/2020 [Date of ...........................
Shutdown, and publication of
Malfunction the final rule
Conditions. in the Federal
Register],
[Federal
Register
citation of the
final rule].
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[FR Doc. 2022-07292 Filed 4-6-22; 8:45 am]
BILLING CODE 6560-50-P
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