Proposed Rule2023-17986
Air Plan Approval; MO; Control of Emissions From Volatile Organic Liquid Storage
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
August 22, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve revisions to the Missouri State Implementation Plan (SIP) related to the control of emissions from volatile organic liquid storage. The revisions to this rule include adding incorporations by reference to other state rules, adding definitions specific to the rule, revising unnecessarily restrictive or duplicative language, and making administrative wording changes. These revisions do not impact the stringency of the SIP or have an adverse effect on air quality. The EPA's proposed approval of this rule revision is being done in accordance with the requirements of the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 88 Issue 161 (Tuesday, August 22, 2023)</title>
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[Federal Register Volume 88, Number 161 (Tuesday, August 22, 2023)]
[Proposed Rules]
[Pages 57018-57020]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17986]
[[Page 57018]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2023-0403; FRL-11259-01-R7]
Air Plan Approval; MO; Control of Emissions From Volatile Organic
Liquid Storage
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Missouri State Implementation Plan (SIP)
related to the control of emissions from volatile organic liquid
storage. The revisions to this rule include adding incorporations by
reference to other state rules, adding definitions specific to the
rule, revising unnecessarily restrictive or duplicative language, and
making administrative wording changes. These revisions do not impact
the stringency of the SIP or have an adverse effect on air quality. The
EPA's proposed approval of this rule revision is being done in
accordance with the requirements of the Clean Air Act (CAA).
DATES: Comments must be received on or before September 21, 2023.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2023-0403 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: Bethany Olson, Environmental
Protection Agency, Region 7 Office, Air Permitting and Planning Branch,
11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913)
551-7905; email address: <a href="/cdn-cgi/l/email-protection#8fe0e3fce0e1a1edeafbe7eee1f6cfeaffeea1e8e0f9"><span class="__cf_email__" data-cfemail="5a353629353474383f2e323b34231a3f2a3b743d352c">[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. Have the requirements for approval of a SIP revision been met?
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2023-
0403, 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 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="http://www.epa.gov/dockets/commenting-epa-dockets">www.epa.gov/dockets/commenting-epa-dockets</a>.
II. What is being addressed in this document?
The EPA is proposing to approve revisions to the Missouri SIP
received on February 15, 2019, and June 10, 2021, and a supplemental
submission on April 24, 2023. The revisions are to Title 10, Division
10 of the Code of State Regulations (CSR), 10 CSR 10-5.500 ``Control of
Emissions from Volatile Organic Liquid Storage.'' The purpose of the
state regulation is to limit the volatile organic compound (VOC)
emissions from installations with volatile organic liquid storage
vessels in the St. Louis 1997 eight (8)-hour ozone nonattainment area
by incorporating reasonably available control technology (RACT) as
required by the Clean Air Act Amendments (CAAA) of 1990. Missouri made
multiple revisions to the rule. These proposed revisions add
incorporations by reference to other state rules, add definitions
specific to the rule, revise unnecessarily restrictive or duplicative
language, and make administrative wording changes. EPA proposes to find
that these revisions meet the requirements of the Clean Air Act, do not
impact the stringency of the SIP, and do not adversely impact air
quality. The full text of the rule revisions as well as EPA's analysis
of the revisions can be found in the technical support document (TSD)
included in this docket.
III. 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 the first SIP revision from June 15,
2018, to September 6, 2018, and held a public hearing on August 30,
2018. Missouri received ten comments from two sources during the
comment period on 10 CSR 10-5.500. The EPA provided nine comments.
Missouri responded to all comments and revised the rule based on public
comments prior to submitting to EPA, as noted in the State submission
included in the docket for this action. The State provided public
notice on the second SIP revision from November 15, 2019, to February
6, 2020, and held a public hearing on January 30, 2018. Missouri
received one comment from a staff member during the comment period. The
State revised the rule purpose statement based on the comment prior to
submitting to EPA. As explained above and in more detail in the
technical support document which is part of this document, the
revisions meet the substantive SIP requirements of the CAA, including
section 110 and implementing regulations.
IV. 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 10-5.500 ``Control of Emissions from
Volatile Organic Liquid Storage.'' 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.
V. 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
finalize the incorporation by reference of the Missouri rule 10 CSR 10-
5.500, with a state effective date of July 30, 2020, which regulates
emissions from volatile organic liquid storage. 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
[[Page 57019]]
INFORMATION CONTACT section of this preamble for more information).
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 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 Missouri Department of Natural Resources 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. Due to the nature of the action being
taken here, this action is expected to have a neutral to positive
impact on the air quality of the affected area. 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: August 16, 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 ``10-5.500'' 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 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
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* * * * * * *
10-5.500................. Control of Emissions 7/30/2020 [Date of publication Section (2)(N)4 is
From Volatile Organic of the final rule in not SIP-approved.
Liquid Storage. the Federal Section (5)(F)
Register], [Federal retains a previously
Register citation of approved version of
the final rule]. the state rule text.
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[FR Doc. 2023-17986 Filed 8-21-23; 8:45 am]
BILLING CODE 6560-50-P
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