Proposed Rule2022-11822
Air Plan Partial Approval and Partial Disapproval; Missouri; Construction Permits Required
Primary source
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Published
June 2, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing partial approval and partial disapproval of revisions to the Missouri State Implementation Plan (SIP) received on March 20, 2019 and June 10, 2021. The SIP revisions in the 2019 and 2021 submittals incorporate updates to construction permit requirement regulations for stationary and portable air sources in Missouri that help ensure ambient air quality standards are met. The changes include numerous organizational changes, administrative and typographical edits to improve clarity of the construction permit process. The revisions include added procedures for the Missouri Department of Natural Resources (MoDNR) to issue general permits. For portable equipment installations, the potential to emit major source threshold of particulate matter was changed to match federal requirements. The changes proposed for approval meet the requirements of the Clean Air Act. EPA is proposing to disapprove section (1)(B) regarding voluntary permits. EPA is proposing disapproval because the language of the provision is too vague and does not provide sufficient clarity for implementation.
Full Text
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<title>Federal Register, Volume 87 Issue 106 (Thursday, June 2, 2022)</title>
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[Federal Register Volume 87, Number 106 (Thursday, June 2, 2022)]
[Proposed Rules]
[Pages 33464-33466]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11822]
[[Page 33464]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2022-0432; FRL-9851-01-R7]
Air Plan Partial Approval and Partial Disapproval; Missouri;
Construction Permits Required
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing partial
approval and partial disapproval of revisions to the Missouri State
Implementation Plan (SIP) received on March 20, 2019 and June 10, 2021.
The SIP revisions in the 2019 and 2021 submittals incorporate updates
to construction permit requirement regulations for stationary and
portable air sources in Missouri that help ensure ambient air quality
standards are met. The changes include numerous organizational changes,
administrative and typographical edits to improve clarity of the
construction permit process. The revisions include added procedures for
the Missouri Department of Natural Resources (MoDNR) to issue general
permits. For portable equipment installations, the potential to emit
major source threshold of particulate matter was changed to match
federal requirements. The changes proposed for approval meet the
requirements of the Clean Air Act.
EPA is proposing to disapprove section (1)(B) regarding voluntary
permits. EPA is proposing disapproval because the language of the
provision is too vague and does not provide sufficient clarity for
implementation.
DATES: Comments must be received on or before July 5, 2022.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2022-0432 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: Keith Johnson, Environmental
Protection Agency, Region 7 Office, Air Permitting and Standards
Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number:
(913) 551-7737; email address: <a href="/cdn-cgi/l/email-protection#6a0005020419050444010f031e022a0f1a0b440d051c"><span class="__cf_email__" data-cfemail="d5bfbabdbba6babbfbbeb0bca1bd95b0a5b4fbb2baa3">[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. What is EPA's analysis of the rule revisions?
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-
0432, 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 partially approve and partially disapprove
a submission from Missouri that revises 10 CSR 10-6.060 Construction
Permits Required. The revisions were received by EPA on March 20, 2019
and June 10, 2021. The EPA's analysis of the revisions can be found in
Section III and in more detail in the technical support document (TSD)
included in this docket.
III. What is EPA's analysis of the rule revisions?
In the 2019 SIP submission, MoDNR stated that the revisions to this
rule were extensive in order to clarify requirements and procedures for
improving readability and regulatory certainty. These proposed changes
remove outdated references to incorporation by reference information
and added appropriate incorporation by reference information to this
rule. The proposed changes clarify the definition of ``portable
equipment installation'' and added procedures for issuing general
permits in addition to other minor typographical corrections.
Also in Missouri's 2019 submission, the State requested to add a
provision for voluntary permits. The EPA is proposing to disapprove
section (1)(B) of 10 CSR 10-6.060 regarding voluntary permits. EPA
proposes to find the language of section (1)(B) to be too vague for the
conditions in which these permits would be issued based on the
requirements of 40 CFR 51.160(a), CAA section 110(a)(2)(A), and the
John S. Seitz EPA Guidance Memo of September 23, 1987, titled ``Review
of State Implementation Plans and Revisions for Enforceability and
Legal Sufficiency.'' For a SIP revision to be approved, EPA evaluates
the rule revisions to ensure that any new provisions are permanent,
quantifiable, and enforceable. EPA is proposing disapproval because
there is no information in the rule on the conditions, requirements,
and parameters for applying for, issuing, or implementing voluntary
permits. Based on the limited language in the rule, it is unclear how
MoDNR intends to implement the proposed provision. The rule text and
EPA's full analysis of the requested revisions is included in the TSD.
Missouri's 2021 SIP submission amendments consist primarily of
administrative text edits and clarifications. A clarification to the
definition of Portable equipment was added in Section 2 to explicitly
state that ``any other air pollutant'' includes PM<INF>10</INF> and
PM<INF>2.5.</INF> As discussed in the TSD, EPA proposes to find that
this rule revision would not interfere with maintenance of the
PM<INF>2.5</INF> or PM<INF>10</INF> NAAQS. The submission also
clarifies referenced materials and ensures consistency with the federal
requirements.
Based on EPA's analysis of the requested revisions to 10 CSR 10-
6.060 as summarized here and more fully described in the TSD, EPA
proposes to approve all requested revisions, other than section (1)(B)
regarding voluntary permits, because they meet the requirements of the
Clean Air Act, do not negatively impact the stringency of
[[Page 33465]]
the SIP, or have an adverse impact to air quality.
IV. Have the requirements for approval of a SIP revision been met?
With respect to the portions of the submittal which EPA is
approving, 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 August 1,
2018 to October 4, 2018 and received 56 comments. 32 comments were made
by EPA, 21 comments from State of Missouri Air Program Staff, and 4
from the public. The State of Missouri revised the rule and responded
to comments prior to submitting to the EPA. In addition, as explained
above (and in more detail in the technical support document which is
included in the docket for this action), the revisions proposed for
approval meet the substantive SIP requirements of the CAA, including
section 110 and implementing regulations.
As explained in Section III and further in the TSD, EPA is
proposing to disapprove section (1)(B) of 10 CSR 10-6.060 regarding
voluntary permits.
V. What action is the EPA taking?
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. The State of Missouri
previously conducted a public notice on the rule changes and responded
to all comments. We are publishing the proposed rule in the Federal
Register to partially approve and partially disapprove the SIP
submission. Any parties interested in commenting must do so by the date
listed in the DATES section of the document. For further information
about commenting on this proposed rule, see the ADDRESSES section of
the document. The EPA is soliciting comment on the substantive and
administrative revisions detailed in this proposal and the TSD. The EPA
is not soliciting comment on existing rule text that has been
previously approved by the EPA into the SIP. If EPA receives adverse
comment, we will address all public comments in the subsequent final
rule based on the proposed rule.
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 of 10 CSR 10-6.060
Construction Permits Required as described in Section II of this
preamble and set forth below in the proposed 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).
VII. 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, 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: May 27, 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 ``10-6.060'' to read as follows:
Sec. 52.1320 Identification of plan.
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(c) * * *
[[Page 33466]]
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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* * * * * * *
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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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* * * * * * *
10-6.060................. Construction Permits 5/30/2020 [Date of publication Provisions of the
Required. of the final rule in 2010 PM2.5 PSD--
the Federal Increments, SILs and
Register], [Federal SMCs rule relating
Register citation of to SILs and SMCs
the final rule]. that were affected
by the January 22,
2013 U.S. Court of
Appeals decision are
not SIP approved.
Provisions of the
2002 NSR reform rule
relating to the
Clean Unit
Exemption, Pollution
Control Projects,
and exemption from
recordkeeping
provisions for
certain sources
using the actual-to-
projected-actual
emissions
projections test are
not SIP approved.
``Livestock and
livestock handling
systems from which
the only potential
contaminant is
odorous gas.''
Section 9,
pertaining to
hazardous air
pollutants, is not
SIP approved.
EPA previously
approved the 3/30/
2016 state effective
date version of 10
CSR 10-6.060, with
the above
exceptions, in a
Federal Register
document published
October 11, 2016.
Section (1)(B) of 10
CSR 10-6.060
covering the
voluntary permit
provision is not SIP
approved.
* * * * * * *
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[FR Doc. 2022-11822 Filed 6-1-22; 8:45 am]
BILLING CODE 6560-50-P
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