Rule2023-13979
Air Plan Partial Approval and Partial Disapproval; Missouri; Revision to Sulfur Dioxide Control Requirements for Lake Road Generating Facility
Primary source
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Published
July 3, 2023
Effective
August 2, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to partially approve and partially disapprove revisions to the State Implementation Plan (SIP) submitted by the State of Missouri on February 17, 2022. In its submission, the Missouri Department of Natural Resources (MoDNR) requested that revisions to a 2016 Administrative Order on Consent (AOC) for controlling sulfur dioxide (SO<INF>2</INF>) emissions at the Lake Road power plant (hereinafter referred to as "2016 AOC") be approved in the SIP. This final action amends the SIP to establish more stringent fuel oil sulfur content limits, remove SO<INF>2</INF> emission limits that are no longer needed due to the strengthened fuel oil sulfur requirements, and streamline reporting requirements. The approved SIP changes meet the requirements of the Clean Air Act (CAA). This final action also disapproves a new provision in the AOC that would potentially allow Lake Road to exceed the fuel oil sulfur content limits on a temporary basis.
Full Text
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<title>Federal Register, Volume 88 Issue 126 (Monday, July 3, 2023)</title>
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[Federal Register Volume 88, Number 126 (Monday, July 3, 2023)]
[Rules and Regulations]
[Pages 42640-42642]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13979]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2023-0201; FRL-10839-02-R7]
Air Plan Partial Approval and Partial Disapproval; Missouri;
Revision to Sulfur Dioxide Control Requirements for Lake Road
Generating Facility
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to partially approve and partially disapprove revisions to the
State Implementation Plan (SIP) submitted by the State of Missouri on
February 17, 2022. In its submission, the Missouri Department of
Natural Resources (MoDNR) requested that revisions to a 2016
Administrative Order on Consent (AOC) for controlling sulfur dioxide
(SO<INF>2</INF>) emissions at the Lake Road power plant (hereinafter
referred to as ``2016 AOC'') be approved in the SIP. This final action
amends the SIP to establish more stringent fuel oil sulfur content
limits, remove SO<INF>2</INF> emission limits that are no longer needed
due to the strengthened fuel oil sulfur requirements, and streamline
reporting requirements. The approved SIP changes meet the requirements
of the Clean Air Act (CAA). This final action also disapproves a new
provision in the AOC that would potentially allow Lake Road to exceed
the fuel oil sulfur content limits on a temporary basis.
DATES: This final rule is effective on August 2, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2023-0201. All documents in the docket are
listed on the <a href="http://www.regulations.gov">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="http://www.regulations.gov">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#82e6edecedeaf7e7ace3eeeeebe7c2e7f2e3ace5edf4"><span class="__cf_email__" data-cfemail="c7a3a8a9a8afb2a2e9a6ababaea287a2b7a6e9a0a8b1">[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. Environmental Justice Considerations
VI. Statutory and Executive Order Reviews
I. What is being addressed in this document?
The EPA is partially approving and partially disapproving a SIP
revision submitted by the State of Missouri on February 17, 2022. In
its submission, MoDNR requested that AOC No. APCP-2015-118 between
MoDNR and Evergy (formerly Kansas City Power & Light) submitted in
2016, and amended in 2018 (Amendment #1), be replaced with Amendment #2
to the AOC in the SIP. The EPA is approving these SIP revisions, with
the exception of Amendment #2 paragraph 12.A. The approved revisions
meet the requirements of the Clean Air Act. The EPA is disapproving
Amendment #2 paragraph 12.A. because this provision potentially allows
Lake Road to burn fuel oil with a sulfur content greater than the
sulfur content limit of 15 parts per million (ppm) on a temporary
basis. Paragraph 12.A. is severable from Amendment #2 because it is a
new paragraph that was not previously included in the 2016 AOC or
Amendment #1, and it is not approved in the SIP. The EPA proposed to
partially approve and partially disapprove this submission on April 26,
2023 (88 FR 25309). The EPA's analysis of the State's requested SIP
revisions can be found in section II of the proposed rule and in more
detail in the technical support document (TSD) included in this docket.
[[Page 42641]]
II. 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 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 November 1,
2021, to December 9, 2021 and received no comments. In addition, as
explained above and in more detail in the TSD which is part of this
docket, the revision meets the substantive SIP requirements of the CAA,
including section 110 and implementing regulations.
As explained in section II of the proposed rule and further in the
TSD, the EPA is disapproving Amendment #2 paragraph 12.A.
The EPA received no comments on the proposed rule during the public
comment period which opened April 26, 2023, the date of its publication
in the Federal Register, and closed on May 26, 2023.
III. What action is the EPA taking?
The EPA is taking final action to amend the Missouri SIP by
partially approving and partially disapproving the State's submittal.
Under section 179(a) of the CAA, final disapproval of a submittal that
addresses a requirement of part D, title I of the CAA (CAA sections
171-193) or is required in response to a finding of substantial
inadequacy as described in CAA section 110(k)(5) (SIP Call) starts a
sanctions clock. The Missouri SIP submission that we are partially
disapproving was not submitted to meet either of these requirements.
Therefore, this partial disapproval will not trigger mandatory
sanctions under CAA section 179. In addition, CAA section 110(c)(1)
provides that the EPA must promulgate a Federal Implementation Plan
(FIP) within two years after either finding that a State has failed to
make a required submission or disapproving a SIP submission in whole or
in part, unless the EPA approves a SIP revision correcting the
deficiencies within that two-year period. With respect to our partial
disapproval of Missouri's SIP submission, however, we conclude that any
FIP obligation resulting from this partial disapproval is satisfied by
our determination that there is no deficiency in the SIP to correct.
Specifically, we are approving all revisions with the exception of
Amendment #2 paragraph 12.A.
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 Amendment #2 to Administrative Order on Consent, State
effective October 18, 2021, between MoDNR and Evergy related to
controlling SO<INF>2</INF> emissions at the Lake Road power plant
discussed in section I of this preamble and as 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).
Also, in this document, as described in the amendments to 40 CFR
part 52 set forth below, the EPA is removing provisions of the EPA-
Approved Missouri Administrative Order on Consent and Amendment #1
(State effective September 27, 2018) from the Missouri State
Implementation Plan, which is incorporated by reference in accordance
with the requirements of 1 CFR part 51. As described in the amendments
to 40 CFR part 52 set forth below, EPA is also removing an outdated
reference to the St. Joseph Light and Power So<INF>2</INF> consent
agreement (State effective May 21, 2001).
V. Environmental Justice Considerations
The EPA reviewed demographic data, which provides an assessment of
individual demographic groups of the populations living within a 2-mile
radius of the Lake Road facility Census 2010 Summary Report available
on its environmental justice (EJ) screening and mapping tool
(``EJSCREEN''). The EPA then compared the data to the State average for
each of the demographic groups using 2010 State census data from the
United States Census Bureau. The results of this analysis are being
provided for informational and transparency purposes. The results of
the demographic analysis indicate that, for populations within the 2-
mile radius of the Lake Road facility, the percent of people of color
(persons who reported their race as a category other than White alone
(not Hispanic or Latino)) is less than the national average (16 percent
versus 21 percent). Within people of color, the percent of the
population that is Black or African American alone is lower than the
State average (3 percent versus 12 percent) and the percent of the
population that is American Indian/Alaska Native is similar to the
State average (1 percent versus 1 percent). The percent of the
population that is two or more races is similar to the State average (3
percent versus 3 percent). The percent of people with low income within
the 2-mile radius of the Lake Road facility is higher than the State
average (41 percent versus 31 percent).
VI. 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:
<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 14094 (88 FR 21879, April 11, 2023);
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
<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
[[Page 42642]]
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,
February 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.''
The air agency 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. The EPA performed an environmental justice analysis, as is
described above in the section titled, ``Environmental Justice
Considerations.'' The analysis was done for the purpose of providing
additional context and information about this rulemaking to the public,
not as a basis of the action. In addition, there is no information in
the record upon which this decision is based inconsistent with the
stated goal of E.O. 12898 of achieving environmental justice for people
of color, low-income populations, and Indigenous peoples.
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).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 1, 2023. 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, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: June 26, 2023.
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, in the table in paragraph (d):
0
a. Remove and reserve entries ``(17)'', ``(32)'', and ``(33)''; and
0
b. Add entry ``(38)'' in numerical order.
The addition reads as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(d) * * *
EPA-Approved Missouri Source-Specific Permits and Orders
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State effective
Name of source Order/permit No. date EPA approval date Explanation
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* * * * * * *
(38) Kansas City Power and Amendment #2 to 10/18/2021........ 7/3/2023, [insert EPA is approving
Light--Lake Road Facility. Administrative Federal Register Amendment #2 to
Order on Consent citation]. AOC No. APCP-2015-
No. APCP-2015-118. 118, except for
paragraph 12.A.
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[FR Doc. 2023-13979 Filed 6-30-23; 8:45 am]
BILLING CODE 6560-50-P
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