Proposed Rule2025-08074
Air Plan Approval; Missouri; Control of Emissions During Petroleum Liquid Storage, Loading, and Transfer
Primary source
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Published
May 8, 2025
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 during petroleum liquid storage, loading and transfer in the Kansas City metropolitan area. 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 90 Issue 88 (Thursday, May 8, 2025)</title>
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[Federal Register Volume 90, Number 88 (Thursday, May 8, 2025)]
[Proposed Rules]
[Pages 19460-19462]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08074]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2025-0175; FRL-12732-01-R7]
Air Plan Approval; Missouri; Control of Emissions During
Petroleum Liquid Storage, Loading, and Transfer
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 during petroleum liquid storage,
loading and transfer in the Kansas City metropolitan area. 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 June 9, 2025.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2025-0175 to <a href="https://www.regulations.gov">https://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="https://www.regulations.gov">https://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: Steven Brown, Environmental Protection
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-7718;
email address: <a href="/cdn-cgi/l/email-protection#dab8a8b5adb4f4a9aebfacbfb49abfaabbf4bdb5ac"><span class="__cf_email__" data-cfemail="81e3f3eef6efaff2f5e4f7e4efc1e4f1e0afe6eef7">[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-2025-
0175, at <a href="https://www.regulations.gov">https://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="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
II. What is being addressed in this document?
The EPA is proposing to approve a SIP revision submitted by the
State of Missouri on February 15, 2019, and a supplemental submission
on August 1, 2019. The revisions are to Title 10, Division 10 of the
Code of State Regulations (CSR), 10 CSR 10-2.260 ``Control of Emissions
During Petroleum
[[Page 19461]]
Liquid Storage, Loading and Transfer''. The purpose of the state
regulation is to restrict volatile organic compound (VOC) emissions
from the handling of petroleum liquids to reduce hydrocarbon emissions
in the Kansas City metropolitan area, specifically in Jackson, Clay,
and Platte counties, that contribute to the formation of ozone.
Missouri made multiple revisions to the rule. These proposed revisions
clarify rule language on testing and reporting, improves consistency
with the St. Louis rule 10 CSR 10-5.220 that regulates the same
facilities, update 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 CAA,
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 this SIP revision from June 15, 2018,
to September 6, 2018, and held a public hearing on August 30, 2018.
Missouri received twenty-one (21) comments from five (5) sources during
the comment period on 10 CSR 10-2.260. The EPA provided twelve
comments. Missouri included additional clarification to EPA by
submitting supplemental information on August 1, 2019 to clarify and
answer questions EPA made during the comment period. 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. As explained above and in more detail in the
technical support document, which is part of this docket, the revision
meets 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 10-2.260 ``Control of Emissions During
Petroleum Liquid Storage, Loading and Transfer.'' 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-
2.260 discussed in section II. of this preamble and as set forth below
in the proposed amendments to 40 CFR part 52. The purpose of this state
regulation is to restrict VOC emissions from the handling of petroleum
liquids to reduce hydrocarbon emissions in the Kansas City metropolitan
area that contribute to the formation of ozone. The EPA has made, and
will continue to make, these materials generally available through
<a href="https://www.regulations.gov">https://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).
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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 Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866:
<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 CAA.
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).
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: April 25, 2025.
James Macy,
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 ``10-2.260'' to read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
[[Page 19462]]
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
* * * * * * *
Chapter 2--Air Quality Standards and Air Pollution Control Regulations for the Kansas City Metropolitan Area
* * * * * * *
10-2.260.......................... Control of Emissions 2/28/2019 [Date of publication
During Petroleum of the final rule in
Liquid Storage, the Federal
Loading and Transfer. Register], 90 FR
[Federal Register
page where the
document begins of
the final rule].
* * * * * * *
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[FR Doc. 2025-08074 Filed 5-7-25; 8:45 am]
BILLING CODE 6560-50-P
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