Rule2023-22088
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
October 4, 2023
Effective
November 3, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Missouri State Implementation Plan (SIP) related to the control of emissions from volatile organic liquid storage. These revisions do not impact the stringency of the SIP or have an adverse effect on air quality. The EPA's 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 191 (Wednesday, October 4, 2023)</title>
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[Federal Register Volume 88, Number 191 (Wednesday, October 4, 2023)]
[Rules and Regulations]
[Pages 68469-68471]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22088]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2023-0403; FRL-11259-02-R7]
Air Plan Approval; MO; Control of Emissions From Volatile Organic
Liquid Storage
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 Missouri State Implementation Plan
(SIP) related to the control of emissions from volatile organic liquid
storage. These revisions do not impact the stringency of the SIP or
have an adverse effect on air quality. The EPA's approval of this rule
revision is being done in accordance with the requirements of the Clean
Air Act (CAA).
DATES: This final rule is effective on November 3, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2023-0403. 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., 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: 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#b3dcdfc0dcdd9dd1d6c7dbd2ddcaf3d6c3d29dd4dcc5"><span class="__cf_email__" data-cfemail="bdd2d1ced2d393dfd8c9d5dcd3c4fdd8cddc93dad2cb">[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. Statutory and Executive Order Reviews
I. What is being addressed in this document?
The EPA is approving 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. The 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 finds 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 the docket for this action.
II. Have the requirements for approval of a SIP revision been met?
The State's 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.
The EPA's Notice of Proposed Rulemaking and supporting information
contained in the docket were made available for public comment from
August 22, 2023, to September 21, 2023. The EPA received no comments.
In addition, as explained above and in more detail in the technical
support
[[Page 68470]]
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. What action is the EPA taking?
The EPA is taking final action to amend the Missouri SIP by
approving the State's request in submissions dated February 15, 2019,
and June 10, 2021, and a supplemental submission on April 24, 2023, to
revise 10 CSR 10-5.500 ``Control of Emissions from Volatile Organic
Liquid Storage.''
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 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 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.\1\
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\1\ 62 FR 27968, May 22, 1997.
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V. 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 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.''
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.
This action is subject to the Congressional Review Act, and 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 December 4, 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 29, 2023.
Meghan A. McCollister,
Regional Administrator, Region 7.9.
For the reasons stated in the preamble the EPA amends 40 CFR part
52 as set forth below:
[[Page 68471]]
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 10/4/2023, [insert Section (2)(N)4 is not
From Volatile Federal Register SIP-approved. Section
Organic Liquid citation]. (5)(F) retains a
Storage. previously approved
version of the state
rule text.
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[FR Doc. 2023-22088 Filed 10-3-23; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on October 4, 2023.
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