Rule2022-10993
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
May 24, 2022
Effective
June 23, 2022
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 submitted on January 30, 2020. This final action amends the SIP by approving 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. These revisions to the state rule are a revised restructured version of the same rule. The revisions are administrative in nature and do not impact the stringency of the SIP or air quality.
Full Text
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<title>Federal Register, Volume 87 Issue 100 (Tuesday, May 24, 2022)</title>
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[Federal Register Volume 87, Number 100 (Tuesday, May 24, 2022)]
[Rules and Regulations]
[Pages 31430-31432]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10993]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2022-0285; FRL-9645-02-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: 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 submitted on January 30, 2020. This final action
amends the SIP by approving 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. These revisions to
the state rule are a revised restructured version of the same rule. The
revisions are administrative in nature and do not impact the stringency
of the SIP or air quality.
DATES: This final rule is effective on June 23, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2022-0285. 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: 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#4426362b332a6a37302132212a042134256a232b32"><span class="__cf_email__" data-cfemail="482a3a273f26663b3c2d3e2d26082d3829662f273e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA.
Table of Contents
I. What is being addressed in this document?
[[Page 31431]]
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 taking final action to approve a SIP revision submitted
by the State of Missouri on January 30, 2020. Missouri requested that
the EPA 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 meet the requirements of the Clean Air Act
and 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.
The EPA proposed approval of the State's January 30, 2020, SIP
revision in a notice of proposed rulemaking (NPRM) published on March
25, 2022. (87 FR 17050) The EPA received no comments on our proposed
rulemaking.
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 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.
III. What action is the EPA taking?
The EPA proposed approval of the State's January 30, 2020, SIP
revision in a notice of proposed rulemaking (NPRM) published on March
25, 2022. (87 FR 17050) During the public comment period, which opened
on March 25, 2022 and closed on April 25, 2022, the EPA received no
comments.
Therefore, the EPA is taking final action 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
ensures consistency between state and federally approved rules. The EPA
has determined that these changes meet the requirements of the Clean
Air Act and do not have a negative impact to air quality.
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 Section I of this preamble and set
forth below in the amendments to 40 CFR part 52. 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 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, 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).
<bullet> 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).
<bullet> This action is subject to the Congressional Review Act,
and the EPA will submit a rule report to each House of the Congress and
to the Comptroller General of the United States. This action is not a
``major rule'' as defined by 5 U.S.C. 804(2).
<bullet> 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 July 25, 2022. 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
[[Page 31432]]
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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: May 17, 2022.
Meghan A. McCollister,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the 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 ``10-6.140'' 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 EPA approval date Explanation
date
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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 5/24/2022, [insert ........................
Emissions Credit for Federal Register
Reduced Pollutant citation].
Concentrations from
the Use of Dispersion
Techniques.
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[FR Doc. 2022-10993 Filed 5-23-22; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on May 24, 2022.
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