Proposed Rule2023-12747
Air Plan Approval; Missouri; Revisions to the Cross-State Air Pollution Rule SO2 Group 1 Trading Program
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Published
June 20, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing approval of revisions to the State Implementation Plan (SIP) submitted on November 29, 2021, by the State of Missouri. Missouri requests EPA approve revisions to a state regulation related to the Cross-State Air Pollution Rule SO<INF>2</INF> Group 1 Trading Program. These revisions include reallocating SO<INF>2</INF> emission allowances from a recently retired emission unit to the original emission unit for which they were designated. Additionally, the revisions clarify rule language by condensing a list of provisions excluded from incorporation by reference. Approval of these revisions will not impact air quality and ensures Federal enforceability of the State's rules. The EPA is proposing to approve these SIP revisions in accordance with the requirements of the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 88 Issue 117 (Tuesday, June 20, 2023)</title>
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[Federal Register Volume 88, Number 117 (Tuesday, June 20, 2023)]
[Proposed Rules]
[Pages 39801-39803]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12747]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2023-0279; FRL-10989-01-R7]
Air Plan Approval; Missouri; Revisions to the Cross-State Air
Pollution Rule SO2 Group 1 Trading Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval of revisions to the State Implementation Plan (SIP) submitted
on November 29, 2021, by the State of Missouri. Missouri requests EPA
approve revisions to a state regulation related to the Cross-State Air
Pollution Rule SO<INF>2</INF> Group 1 Trading Program. These revisions
include reallocating SO<INF>2</INF> emission allowances from a recently
retired emission unit to the original emission unit for which they were
designated. Additionally, the revisions clarify rule language by
condensing a list of provisions excluded from incorporation by
reference. Approval of these revisions will not impact air quality and
ensures Federal enforceability of the State's rules. The EPA is
proposing to approve these SIP revisions in accordance with the
requirements of the Clean Air Act (CAA).
DATES: Comments must be received on or before July 20, 2023.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2023-0279 to <a href="http://www.regulations.gov">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="http://www.regulations.gov">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: Gerald McIntyre, Environmental
Protection Agency, Region 7 Office, Air Permitting and Planning Branch,
11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913)
608-8349; email address: <a href="/cdn-cgi/l/email-protection#97faf4fef9e3eee5f2b9f0f2e5f6fbf3d7f2e7f6b9f0f8e1"><span class="__cf_email__" data-cfemail="2f424c46415b565d4a01484a5d4e434b6f4a5f4e01484059">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.
Table of Contents
I. Written Comments
II. Background
III. What is being addressed in this document?
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-2023-
0279, at <a href="http://www.regulations.gov">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
[[Page 39802]]
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. Background
The Cross-State Air Pollution Rule (CSAPR) addresses air pollution
from upwind states that crosses state lines and affects air quality in
downwind states. CSAPR requires fossil fuel-fired electric generating
units at coal-, gas-, and oil-fired facilities in 27 states, including
Missouri, to reduce emissions to help downwind areas attain fine
particle and/or ozone National Ambient Air Quality Standards (NAAQS).
EPA sets a pollution limit (emission budget) for each of the states
covered by CSAPR. Authorizations to emit pollution, known as
allowances, are allocated to affected sources based on these state
emissions budgets. The rule provides flexibility to affected sources,
allowing sources in each state to determine their own compliance path.
This includes adding or operating control technologies, upgrading or
improving controls, switching fuels, and using allowances. Sources can
buy and sell allowances and bank (save) allowances for future use as
long as each source holds enough allowances to account for its
emissions by the end of the compliance period. Allowance transfers
between sources within the CSAPR SO<INF>2</INF> Group 1 Trading Program
are allowed with the approval of the Administrator, subject to the
procedures and requirements of 40 CFR part 97.
Missouri adopted EPA's SO<INF>2</INF> Group 1 Trading Program in 40
CFR 97.604 through 40 CFR 97.628, with certain exceptions, in 10 Code
of State Regulations (CSR) 10-6.376. EPA finalized its approval of 10
CSR 10-6.376 into Missouri's SIP on December 4 2019, thereby granting
Missouri the responsibility to implement the CSAPR SO<INF>2</INF>
Annual Trading Program in Missouri (see 84 FR 66316). 10 CSR 10-6.376
includes a list of CSAPR SO<INF>2</INF> Group 1 units and their
corresponding allowances that have been allocated to each unit.
Iatan Generating Station Unit 1 (Iatan Unit 1) is owned by two
electric utility companies: Evergy, formerly Kansas City Power and
Light Company; and Liberty Utilities, formerly Empire District
Electric. Asbury Power Plant (Asbury) is owned by Liberty Utilities.
These sources have been allocated CSAPR SO<INF>2</INF> Group 1
allowances in 10 CSR 10-6.376. In 2015, Missouri revised 10 CSR 1--
6.376 to reallocate 1,300 SO<INF>2</INF> emission allowances from Iatan
Unit 1 to Asbury based on ownership share. Asbury was retired in March
2020. Therefore, Missouri revised 10 CSR 10-6.376 to transfer Asbury's
1,300 SO<INF>2</INF> emission allowances back to Iatan Unit 1, and has
requested that EPA approve the revision to 10 CSR 10-6.376 into
Missouri's SIP.
III. What is being addressed in this document?
The EPA is proposing to approve a SIP revision submitted by the
State of Missouri on November 29, 2021. Missouri requests the EPA to
approve revisions to 10 CSR 10-6.376 in the Missouri SIP. The state has
revised the rule to reallocate 1,300 SO<INF>2</INF> emission allowances
from the Asbury Power Plant, which was retired in March 2020, to Iatan
Unit 1, which is the original emission unit for which the
SO<INF>2</INF> allowances were allocated. This revision will only
reverse the 2015 reallocation of the 1,300 SO<INF>2</INF> emission
allowances from Iatan Unit 1 to Asbury. The total SO<INF>2</INF>
allowances for Iatan Unit 1 will increase from 9,833 to 11,133. The
total SO<INF>2</INF> allowances for Asbury will decrease from 4,480 to
3,180. Asbury's remaining 3,180 allowances will be transferred to the
new unit set-aside and redistributed, as is the case for any unit that
retires under CASPR.
Missouri has also clarified rule language by removing redundant
language concerning provisions excluded from incorporation by
reference. This revision also removes a provision that excluded
incorporation by reference of any requirements imposed on any unit in
Indian country within the borders of any state in 40 CFR 97.602 through
40 CFR 97.635. These revisions are administrative in nature and does
not impact the stringency of the SIP or air quality.
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 April 15, 2021
to May 27, 2021 and received no comments.
In addition, as explained above, the revision meets the substantive
SIP requirements of the CAA, including section 110 and implementing
regulations. The EPA proposes to find that the changes to the SIP do
not reduce the stringency of the SIP or negatively affect air quality.
As such, in accordance with section 110(l) of the CAA, this proposed
revision does not interfere with any applicable requirement concerning
attainment and reasonable further progress or any other applicable
requirement of the CAA. Therefore, the EPA is proposing to approve
Missouri's revisions to 10-6.376.
V. What action is the EPA taking?
The EPA is proposing to amend the Missouri SIP by approving the
State's request to revise 10 CSR 10-6.376 ``Cross-State Air pollution
Rule Annual SO<INF>2</INF> Group 1 Trading Program.'' 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.
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 Missouri 10 CSR 10-6.376, discussed in section
III of this preamble and as 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 Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air 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 Clean Air Act.
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:
[[Page 39803]]
<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); and
<bullet> Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act;
In addition, 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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
Missouri did not evaluate environmental justice considerations as
part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. EPA did
not perform an EJ analysis and did not consider EJ in this action.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
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 9, 2023.
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 ``10-6.376'' 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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* * * * * * *
10-6.376......................... Cross-State Air 7/29/2021 [Date of ...................
Pollution Rule SO2 publication of the
Group 1 Trading final rule in the
Program. Federal Register],
[Federal Register
citation of the
final rule].
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[FR Doc. 2023-12747 Filed 6-16-23; 8:45 am]
BILLING CODE 6560-50-P
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