Rule2022-11349
Air Plan Approval; Missouri; Control of Volatile Organic Compound Emissions From Reactor Processes and Distillation Operations Processes in the Synthetic Organic Chemical Manufacturing Industry
Primary source
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Published
May 27, 2022
Effective
June 27, 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. This final action will amend a Missouri regulation that controls emissions from facilities in St. Louis City and Jefferson, St. Charles, Franklin, and St. Louis Counties. The revisions to this rule include amending the rule applicability section for sources subject to the rule, removing unnecessary words, updating incorporations by reference, amending definitions specific to the rule, updating test and reference methods and other minor edits. These revisions meet the requirements of the Clean Air Act (CAA) and 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 103 (Friday, May 27, 2022)</title>
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[Federal Register Volume 87, Number 103 (Friday, May 27, 2022)]
[Rules and Regulations]
[Pages 32088-32090]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11349]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2022-0236; FRL-9605-02-R7]
Air Plan Approval; Missouri; Control of Volatile Organic Compound
Emissions From Reactor Processes and Distillation Operations Processes
in the Synthetic Organic Chemical Manufacturing Industry
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 a Missouri
regulation that controls emissions from facilities in St. Louis City
and Jefferson, St. Charles, Franklin, and St. Louis Counties. The
revisions to this rule include amending the rule applicability section
for sources subject to the rule, removing unnecessary words, updating
incorporations by reference, amending definitions specific to the rule,
updating test and reference methods and other minor edits. These
revisions meet the requirements of the Clean Air Act (CAA) and 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: This final rule is effective on June 27, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2022-0236. 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: 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#c1a9a4a8b5aca0afefaba0b2aeaf81a4b1a0efa6aeb7"><span class="__cf_email__" data-cfemail="0e666b677a636f6020646f7d61604e6b7e6f20696178">[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?
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 revisions to 10 Code of
State Regulations (CSR) 10-5.550, Control of Volatile Organic Compound
Emissions From Reactor Processes and Distillation Operations Processes
in the Synthetic Organic Chemical Manufacturing Industry, in the
Missouri SIP. On March 25, 2022, the EPA published a notice of proposed
rulemaking (NPRM) which proposed to approve the SIP revision as
submitted by Missouri on February 11, 2020 (87 FR 17058). The revisions
amend the rule applicability section for sources subject to this rule,
remove unnecessary words, update incorporations by reference, amend
definitions specific to the rule, update test and reference methods,
and make other minor edits. More detail on the EPA's analysis of the
revisions can be found in the NPRM and technical support document (TSD)
included in this docket.
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 May 1, 2019, to
August 1, 2019, and received nine comments. The State revised the rule
based on the comments submitted. In addition, as explained in more
detail in the NPRM and technical support document (TSD) which is part
of this document, the revision meets the substantive SIP requirements
of the CAA, including section 110 and implementing regulations.
III. What action is the EPA taking?
On March 25, 2022, the EPA published a NPRM proposing to approve
Missouri's February 11, 2020, SIP revision submittal (87 FR 17058). The
EPA sought public comment on the NPRM and received no comments.
Therefore, the EPA is taking final action to amend the Missouri SIP to
include revisions to 10 CSR 10-5.550, Control of Volatile Organic
Compound Emissions From Reactor Processes and Distillation Operations
Processes in the Synthetic Organic Chemical Manufacturing Industry.
Approval of these revisions will ensure consistency between State and
federally approved rules. As described in the NPRM and the TSD, the EPA
has determined that these changes meet the requirements of the Clean
Air Act and will not adversely impact air quality or the stringency of
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 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).
[[Page 32089]]
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 26, 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 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, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: May 20, 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 ``10-5.550'' 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
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Regulations for the St. Louis Metropolitan Area
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* * * * * * *
10-5.550................... Control of Volatile 1/30/2020 5/27/2022, [insert .....................
Organic Compound Federal Register
Emissions From citation].
Reactor Processes and
Distillation
Operations Processes
in the Synthetic
Organic Chemical
Manufacturing
Industry.
[[Page 32090]]
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[FR Doc. 2022-11349 Filed 5-26-22; 8:45 am]
BILLING CODE 6560-50-P
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