Rule2022-13314
Air Plan Approval; Missouri; Start-Up, Shutdown and Malfunction Conditions
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 24, 2022
Effective
July 25, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve revisions to the State Implementation Plan (SIP) for the State of Missouri. This final action will amend the SIP to incorporate revisions to a state regulation related to the reporting of start-up, shutdown, and malfunction (SSM) events in Missouri. 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 meet the requirements of the Clean Air Act, 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 121 (Friday, June 24, 2022)</title>
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[Federal Register Volume 87, Number 121 (Friday, June 24, 2022)]
[Rules and Regulations]
[Pages 37752-37754]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13314]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2022-0329; FRL-9699-02-R7]
Air Plan Approval; Missouri; Start-Up, Shutdown and Malfunction
Conditions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the State Implementation Plan (SIP) for
the State of Missouri. This final action will amend the SIP to
incorporate revisions to a state regulation related to the reporting of
start-up, shutdown, and malfunction (SSM) events in Missouri. 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 meet the
requirements of the Clean Air Act, 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 July 25, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2022-0329. 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: 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#debab1b0b1b6abbbf0bfb2b2b7bb9ebbaebff0b9b1a8"><span class="__cf_email__" data-cfemail="baded5d4d5d2cfdf94dbd6d6d3dffadfcadb94ddd5cc">[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. The EPA's Responses to Comments
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. What is being addressed in this document?
The EPA is taking final action 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. On April 7, 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 20367). The EPA
received two comments from one commenter during the public comment
period. The EPA's summary of those comments and our responses is
contained in Section III of this document.
As described in section IX.H.3 of the February 2013 Federal
Register document in which EPA analyzed specific SSM SIP provisions and
explained how each one either did or did not comply with the Clean Air
Act (CAA), EPA reviewed the Missouri rule at issue in this action
because it was included in a Sierra Club petition.\1\ 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. In EPA's final action, 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
this provision's compliance with EPA's SSM policy remain unchanged.
Further background information for this action can be found in Section
III of EPA's NPRM.
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\1\ 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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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 EPA's NPRM.
II. 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
[[Page 37753]]
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 and
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. The EPA's Responses to Comments
On April 7, 2022, the EPA published a NPRM which proposed to
approve the SIP revision as submitted by Missouri on February 11, 2020
(87 FR 20367). The public comment period on the EPA's proposed rule
opened April 7, 2022 and closed on May 9, 2022. During this period, EPA
received two comments from one commenter.
Comment 1: The commenter stated that the EPA did not call for a
revision of 10 CSR 10-6.050 in the EPA's June 12, 2015 final rule
titled ``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). The commenter
stated that EPA found that the provision clearly applies only to
Missouri state enforcement at the time of rulemaking. The commenter
agreed the provision should apply only to state enforcement but
believes the provision could be clarified to reduce any chance that it
would interfere with citizen or EPA enforcement.
Response 1: EPA agrees that if a state chooses to maintain state
provisions related to SSM events, such provisions should be clear that
they do not limit federal enforcement or citizen suit authority in
order to be consistent with Clean Air Act requirements. Missouri's
revisions to this rule which EPA proposed to approve in the NPRM were
limited to largely administrative changes, such as removing unnecessary
words and adding in rule-specific definitions. Missouri did not request
revisions to the remainder of the SIP-approved rule text; therefore the
unchanged portions of the rule text were not at issue in this action.
For these reasons, the comment on the clarity of this rule language
with respect to federal enforcement or citizen suit authority is
outside the scope of this action.
Further, as the commenter acknowledges, EPA previously found the
provision in this action to not limit federal enforcement or citizen
suit authority and therefore did not find it to be substantially
inadequate to meet CAA requirements for the purposes of the 2015 SSM
SIP Call. This prior EPA determination was open to notice and comment
through EPA's 2015 SSM SIP Action, so commenters had a full opportunity
to weigh in on this issue previously. As made clear in the proposal and
restated here, EPA is not reopening the determination made in the 2015
SSM SIP Action in this rulemaking.
Comment 2: The commenter stated that the EPA determined a provision
in Missouri's Restriction of Emission of Visible Air Contaminants rule,
10 CSR 10-6.220(3)(C), was substantially inadequate to meet CAA
requirements in the 2015 SSM SIP Call setting a deadline for the state
to respond to the SIP Call of November 22, 2016. The commenter further
stated that the SIP-called 10 CSR 10-6.220(3)(C) remains in effect
because EPA has not yet acted on Missouri's responsive November 2016
submittal. The commenter urges EPA to address this unlawful loophole
that is years overdue.
Response 2: EPA acknowledges this comment, though it does not raise
any issue adverse to this current rulemaking. This comment is related
to a different state rule and submission in front of the Agency for
action. Therefore, this comment is outside the scope of this action.
Although outside the scope of the present rulemaking, EPA notes that
consistent with CAA section 113(g), the EPA recently published a
proposed consent decree including a deadline by which EPA must finalize
action on Missouri's 2016 submission responding to EPA's 2015 SSM SIP
Call (87 FR 21118, Case No. 21-cs-6956). EPA anticipates taking
expeditious action on Missouri's 2016 responsive submittal but no later
than the date which will be set by the final consent decree when
entered by the Court.
IV. What action is the EPA taking?
The EPA is taking final action to amend the Missouri SIP to
incorporate revisions to state rule 10 CSR 10-6.050, Start-Up,
Shutdown, and Malfunction Conditions, related to reporting of SSM
events, in the Missouri SIP as submitted to EPA on February 11, 2020.
On April 7, 2022, the EPA published a NPRM proposing to approve
Missouri's February 11, 2020, SIP revision submittal (87 FR 20367). The
EPA sought public comment on the NPRM and received two comments from
one commenter. The EPA's responses to comments received is included in
Section IV of this document. The EPA is taking final action after
consideration of the comments. 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 CAA and will not adversely impact air quality
or the stringency of the SIP.
V. 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 rule 10 CSR 10-6.050 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.\2\
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\2\ 62 FR 27968, May 22, 1997.
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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, 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.);
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<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 August 23, 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: June 15, 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 ``10-6.050'' 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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* * * * * * *
10-6.050.................. Start-Up, Shutdown, 1/30/2020 6/24/2022 [insert
and Malfunction Federal Register
Conditions. citation].
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[FR Doc. 2022-13314 Filed 6-23-22; 8:45 am]
BILLING CODE 6560-50-P
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