Proposed Rule2025-11825
Air Plan Approval; Missouri; Control of Sulfur Dioxide Emissions and Approval and Promulgation of State Plan (Negative Declaration) for Designated Facilities and Pollutants
Primary source
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Published
June 27, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The EPA is proposing to approve revisions to the Missouri State Implementation Plan (SIP) submitted by the State of Missouri. Missouri requests that EPA approve replacing the previous statewide sulfur dioxide (SO<INF>2</INF>) rule in the SIP with the latest version of a newer SO<INF>2</INF> rule (10 CSR 10-6.261). This action would result in a number of changes to the SIP, including removing outdated requirements as a result of facilities that have historically closed or switched from coal to lower sulfur fuels, as well as those that have become subject to more stringent SO<INF>2</INF> requirements elsewhere in the Missouri SIP. Other revisions include reinstating SO<INF>2</INF> emission limits for the Ameren-Labadie and Evergy-Hawthorn power plants that had been previously removed. The revisions do not impact the stringency of the SIP, nor do they impact the state's ability to attain or maintain the National Ambient Air Quality Standards (NAAQS). In conjunction with proposing approval of revisions to the Missouri SIP, the EPA is proposing to approve Missouri's negative declaration of sources subject to sulfuric acid production requirements submitted by the MoDNR to the EPA on May 4, 2022.
Full Text
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<title>Federal Register, Volume 90 Issue 122 (Friday, June 27, 2025)</title>
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[Federal Register Volume 90, Number 122 (Friday, June 27, 2025)]
[Proposed Rules]
[Pages 27491-27496]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11825]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 62
[EPA-R07-OAR-2025-0263; FRL-12807-01-R7]
Air Plan Approval; Missouri; Control of Sulfur Dioxide Emissions
and Approval and Promulgation of State Plan (Negative Declaration) for
Designated Facilities and Pollutants
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The EPA is proposing to approve revisions to the Missouri
State Implementation Plan (SIP) submitted by the State of Missouri.
Missouri requests that EPA approve replacing the previous statewide
sulfur dioxide (SO<INF>2</INF>) rule in the SIP with the latest version
of a newer SO<INF>2</INF> rule (10 CSR 10-6.261). This action would
result in a number of changes to the SIP, including removing outdated
requirements as a result of facilities that have historically closed or
switched from coal to lower sulfur fuels, as well as those that have
become subject to more stringent SO<INF>2</INF> requirements elsewhere
in the Missouri SIP. Other revisions include reinstating SO<INF>2</INF>
emission limits for the Ameren-Labadie and Evergy-Hawthorn power plants
that had been previously removed. The revisions do not impact the
stringency of the SIP, nor do they impact the state's ability to attain
or maintain the National Ambient Air Quality Standards (NAAQS). In
conjunction with proposing approval of revisions to the Missouri SIP,
the EPA is proposing to approve Missouri's negative declaration of
sources subject to sulfuric acid production requirements submitted by
the MoDNR to the EPA on May 4, 2022.
DATES: Comments must be received on or before July 28, 2025.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2025-0263 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. EPA-R07-OAR-2025-0263 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
preamble.
FOR FURTHER INFORMATION CONTACT: Wendy Vit, Environmental Protection
Agency, Region 7 Office, Air--Analysis, Grants, Partnership Programs,
11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913)
551-7697; email address: <a href="/cdn-cgi/l/email-protection#bbcdd2cf95ccded5dfc2fbdecbda95dcd4cd"><span class="__cf_email__" data-cfemail="314758451f46545f5548715441501f565e47">[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. What is EPA's analysis of the rule revisions?
A. Exemption for Ultra Low Sulfur Diesel
B. Rule Provisions Linked to State's Historical CAA 111(d) Plan
for Sulfuric Acid Production
C. Non-Named Indirect Heating Sources
D. Facility-Specific SO<INF>2</INF> Emission Limits
1. SO<INF>2</INF> Emission Limits in 6.261 Table 1
2. SO<INF>2</INF> Emission Limits Not Included in Rule
3. Summary of EPA's Analysis of Revisions to Facility-specific
SO<INF>2</INF> Emission Limits
E. Reporting, Recordkeeping, and Testing Requirements
IV. Negative Declaration for 111(d) Requirements for Sulfuric Acid
Production
V. Have the requirements for approval of a SIP revision been met?
VI. What action is the EPA taking?
VII. Incorporation by Reference
[[Page 27492]]
VIII. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2025-
0263, 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 revisions to the Missouri SIP
received on April 23, 2025. In its submission, the MoDNR requested
rescinding 10 CSR 10-6.260 ``Restriction of Emission of Sulfur
Compounds'' and replacing it with a newer statewide regulation, 10 CSR
10-6.261 ``Control of Sulfur Dioxide Emissions'' (state effective date
May 30, 2025) in the Missouri SIP. At the same time, we are proposing
to approve Missouri's negative declaration pursuant to the state's
approved Clean Air Act (CAA) 111(d) plan for Sulfuric Acid Mist from
Existing Sulfuric Acid Production Plants, which is codified at 40 CFR
62.6353. The negative declaration is necessary for Missouri to remove
portions of 10 CSR 10-6.260 that are linked to the state's 111(d) plan
for sulfuric acid production.
10 CSR 10-6.260 was originally approved into the SIP at 40 CFR
52.1320(c) in 1998 (63 FR 45727, August 27, 1998) and has been revised
in the SIP several times.\1\ A portion of 6.260, subsection (3)(A), was
solely approved pursuant to the state's 111(d) plan for sulfuric acid
production and has never been in the Missouri SIP. 10 CSR 10-6.261 was
initially put in place in the Missouri Code of State Regulations (CSR)
with an effective date of November 30, 2015, concurrent with the
removal of 6.260 from the CSR. Although 6.261 has been revised several
times in the Missouri CSR, it has never been approved into the Missouri
SIP. On March 7, 2019, Missouri submitted the previous version of 6.261
(state effective date March 30, 2019) and requested that it replace
6.260 in the SIP. However, on January 4, 2023, the EPA finalized
disapproval of the requested SIP revision because the state had not
demonstrated that the removal of SO<INF>2</INF> emission limits for the
Hawthorn and Labadie power plants from the SIP would not interfere with
NAAQS attainment and reasonable further progress (RFP), or any other
applicable requirement of the CAA.\2\ Missouri subsequently revised
6.261 by restoring the Hawthorn and Labadie SO<INF>2</INF> limits from
6.260, as well as making a number of other changes. This most recent
revision of 6.261 with a state effective date May 30, 2025, was
submitted to the EPA on April 23, 2025 and is the subject of this
proposed approval action. Specifically, we are proposing to find that
reinstating the Hawthorn and Labadie SO<INF>2</INF> emission limits
from 6.260 into 6.261 addresses the deficiencies identified in the
EPA's January 4, 2023 disapproval action. In addition, we are proposing
to approve replacing 6.260 with 6.261 in the Missouri SIP, as well as
approve Missouri's negative declaration in lieu of the 111(d) plan for
sulfuric acid production.
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\1\ See 71 FR 12623 (March 13, 2006), 73 FR 35071 (June 20,
2008), and 78 FR 69995 (November 22, 2013).
\2\ See 88 FR 292 (January 4,2023).
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In order for the EPA to fully approve a SIP revision, the SIP
revision must meet the requirements of CAA section 110(l), 42 U.S.C.
7410(l). Under CAA section 110(l), the EPA may not approve a SIP
revision that would interfere with any applicable requirement
concerning NAAQS attainment and Reasonable Further Progress (RFP), or
any other applicable requirement of the CAA. Missouri submitted a CAA
section 110(l) demonstration in support of their requested SIP
revisions, which is included in the docket for this action. Our
analysis of the key SIP revisions and Missouri's section 110(l)
demonstration can be found in section III of this preamble. The EPA's
technical support document (TSD) included in this docket provides
greater detail.
10 CSR 10-6.261 contains SO<INF>2</INF> emissions limits and
requirements that were in place prior to the 2010 1-hour SO<INF>2</INF>
NAAQS; it does not include requirements relied on for meeting 2010 1-
hour SO<INF>2</INF> NAAQS requirements in the Missouri's nonattainment
and maintenance areas that were previously approved into Missouri's
SIP.\3\
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\3\ Requirements to comply with the 2010 SO<INF>2</INF> NAAQS in
the state's maintenance areas are contained in SIP-approved consent
agreements with Vicinity (formerly Veolia) and Ameren. Vicinity's
consent agreement was approved into the SIP in conjunction with the
redesignation of the Jackson County, Missouri SO<INF>2</INF>
nonattainment area (87 FR 4812, January 31, 2022). Ameren's consent
agreement, which includes requirements for the Meramec, Rush Island,
and Labadie power plants, was approved into the SIP as part of the
redesignation of the Jefferson County, Missouri SO<INF>2</INF>
nonattainment area (87 FR 4508, January 28, 2022). In addition, on
May 3, 2023, Missouri submitted an attainment plan for the New
Madrid County, MO SO<INF>2</INF> nonattainment area to EPA,
including consent agreements with Magnitude 7 Metals and AECI.
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III. What is EPA's analysis of the rule revisions?
This section summarizes the EPA's analysis of 10 CSR 10-6.260 in
the Missouri SIP \4\ and the state's 111(d) plan for sulfuric acid
production compared to the version of 10 CSR 10-6.261 with a state
effective date of May 30, 2025 submitted on April 23, 2025. The key
changes are highlighted in this document, with additional detail in the
EPA's TSD included in the docket for this action.
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\4\ 10 CSR 10-6.260 is no longer in the Missouri CSR. As of the
date of publication of this Federal Register publication, 6.260 in
the Missouri SIP is available at <a href="https://www.epa.gov/sites/default/files/2017-09/documents/10-6260.pdf">https://www.epa.gov/sites/default/files/2017-09/documents/10-6260.pdf</a>. As noted in the summary of EPA
rulemakings following the text of 6.260 posted at this link,
(3)(A)1. through (3)(A) 4. of 6.260 are not included in the SIP and
are approved pursuant to CAA 111(d) only.
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A. Exemption for Ultra Low Sulfur Diesel
Compared to the clean fuel exemption in 6.260 paragraph (1)(A)2.,
6.261 subsection (1)(A) maintains exemptions for units that burn
natural gas or liquified petroleum gas, plus adds an exemption for
units that burn ultra-low sulfur diesel (ULSD) with a sulfur content no
greater than 15 parts per million (ppm). As discussed further in the
EPA's TSD, a sulfur content of 15 ppm is equivalent to 0.0015 weight
percent (wt%) sulfur, which is less than the rule's most stringent fuel
oil sulfur content limit of 2 wt%. In addition, 15 ppm equates to an
SO<INF>2</INF> emission rate of 0.0016 pounds per million British
thermal units (lb/MMBtu), which is well below the most stringent
SO<INF>2</INF> emission rate limit of 2.3 lb/MMBtu for non-named
indirect heating sources (i.e., sources without facility-specific
limits listed in Table 1) in 6.261. Based on our analysis, we are
proposing to find that adding a rule exemption for units burning ULSD
with a sulfur content of no greater that 15 ppm does not reduce the
stringency of the SIP and therefore
[[Page 27493]]
does not interfere with any applicable requirement concerning
attainment and reasonable further progress or any other applicable
requirement of the CAA, in accordance with section 110(l) of the CAA.
The exempted sources emit SO<INF>2</INF> at rates well below the
SO<INF>2</INF> emission limits and requirements in 6.261.
B. Rule Provisions Linked to State's Historical CAA 111(d) Plan for
Sulfuric Acid Production
6.260 subsection (3)(A) contains stack gas concentration limits for
existing sources of 70 micrograms per cubic meter (mg/m\3\) of sulfuric
acid or sulfur trioxide and 2,000 parts per million by volume (ppmv) of
SO<INF>2</INF>, and limits for new sources of 35 mg/m\3\ of sulfuric
acid or sulfur trioxide and 500 ppmv of SO<INF>2</INF>. 6.260
subsection (1)(B) specifies that these limits apply to non-indirect
heating sources. The limits in 6.260 subsection (3)(A) are not retained
in 6.261 because they were in place pursuant to Missouri's CAA 111(d)
plan for sulfuric acid production, and there are no longer any sources
subject to these requirements. Accordingly, 6.261 removes non-indirect
heating sources and any non-SO<INF>2</INF> sulfur compound emissions
from section (1) rule applicability. With approval of Missouri's
negative declaration for affected sulfuric acid production sources
concurrent with this action, EPA is proposing to find that it is not
necessary to include the SO<INF>2</INF>, sulfuric acid, and sulfur
trioxide limits from 6.260(3)(A) in 6.261 and that it is appropriate to
remove non-indirect heating sources from rule applicability. Missouri's
negative declaration for sources subject to CAA 111(d) sulfuric acid
production requirements is discussed in section IV of this preamble.
C. Non-Named Indirect Heating Sources
Although provisions addressing indirect heating sources that are
not identified by name were reorganized and clarified in 6.261, general
applicability and SO<INF>2</INF> emission limitations for these non-
named indirect heating sources does not change from 6.260 to 6.261.
Specifically, non-named indirect heating sources with actual heat input
greater than 350,000 British thermal units per hour (Btu/hour) continue
to be subject to 6.261. In addition, the SO<INF>2</INF> emission rate
limits for non-named indirect heating sources subject to 6.261 are the
same as the limits for these sources in 6.260. These SO<INF>2</INF>
emission rate limits are as follows: 2.3 lb/MMBtu in Franklin,
Jefferson, St. Louis, and St. Charles Counties, and the City of St.
Louis; and 8 lb/MMBtu for the rest of the state. Also retained in 6.261
are seasonal coal and fuel oil sulfur content limits from 6.260 for
non-named indirect heating sources located in St. Louis area counties
that have heat input capacity greater than 350,000 Btu/hr (equivalent
to 0.35 MMBtu/hr) and <2,000 MMBtu/hr. Because the stringency of
SO<INF>2</INF> limits and requirements for non-named indirect heating
sources does not change compared to 6.260, the EPA is proposing to
approve the reorganization and clarification of provisions related to
non-named indirect heating units in 6.261.
D. Facility-Specific SO<INF>2</INF> Emission Limits
The facility-specific SO<INF>2</INF> emission limits for sources
listed in multiple tables in 6.260 are consolidated into 6.261 Table 1
in subsection (3)(A). The numeric SO<INF>2</INF> emission limits that
continue to be necessary are included in 6.261 Table 1, while other
limits that are no longer necessary were omitted from the rule. The two
sub-sections below discuss the facility-specific SO<INF>2</INF>
emission limits that are included in 6.261 and those that are not
included in the rule. For the SO<INF>2</INF> emission limits listed in
6.261 Table 1, the limits are unchanged from 6.260 in the majority of
cases, with the exception being for Hawthorn boiler 5A. The numeric
limit for Hawthorn boiler 5A is unchanged from 6.260, however, 6.261
contains new language that ensures a continuous SO<INF>2</INF> limit is
in place for this unit during periods of startup and shutdown as
discussed further below.
1. SO<INF>2</INF> Emission Limits in 6.261 Table 1
The SO<INF>2</INF> emission rate limits of 4.8 lb/MMBtu (daily
average) for Labadie and 0.12 lb/MMBtu (30-day rolling average) for
Hawthorn boiler 5A from 6.260 are reinstated in 6.261 Table 1 following
the EPA's disapproval of the previous version of 6.261 (state effective
date March 30, 2019) which did not include them.\5\ Regarding the
Hawthorn limit of 0.12 lb/MMBtu, 6.260 Table 1 included a footnote that
stated the limit comes from the Prevention of Significant Deterioration
(PSD) permit for boiler 5A and is implemented in accordance with the
terms of the permit.\6\ The 0.12 lb/MMBtu SO<INF>2</INF> limit for
boiler 5A in Hawthorn's PSD permit excludes periods of startup,
shutdown, and emergencies. When the Hawthorn limit of 0.12 lb/MMBtu was
added back to 6.261 Table 1, new language was also inserted stating
that this limit excludes periods of startup and shutdown. Because this
new language in 6.261 Table 1 does not reference emergency situations,
the SO<INF>2</INF> emission rate limit of 0.12 lb/MMBtu limit is
applicable during emergencies. Footnote (d) was also added for this
limit in 6.261 Table 1 specifying that natural gas must be used for
startup of Hawthorn boiler 5A, and once the unit converts to firing
coal, the dry scrubber must be started appropriately to comply with
relevant standards applicable during normal operation. Footnote (d)
further states that during shutdown, the dry scrubber must be operated
after coal stops being fed in the unit for as long as possible
thereafter. The EPA is proposing to find the above limits for Hawthorn
boiler 5A are protective of the NAAQS given the requirement to burn
natural gas during startup and the requirement to run the scrubber
during shutdown, as this ensures a continuous limit is in place.
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\5\ See 88 FR 291, January 4, 2023.
\6\ Construction Permit #888 issued August 17, 1999 (amended
February 15, 2001).
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As noted above, the numeric limit for Hawthorn originated in a PSD
permit which included the numeric limit as well as the associated
monitoring, recordkeeping, and reporting (MRR) requirements. Those MRR
requirements were not previously included in 6.260 and accordingly were
not in the SIP. However, the necessary MRR for Hawthorn's limit will be
incorporated into the SIP as part of our action on 6.261. 6.261
subsection (3)(C) specifies the required compliance demonstrations for
this rulemaking which includes Continuous Emissions Monitoring Systems
(CEMS) and performance testing depending on the fuel type. This rule
provides CEMS operating specifications and performance testing
requirements under 6.261 section (5). Per the Hawthorn Title V
Operating Permit, SO<INF>2</INF> CEMS are required for boiler 5A. CEMS
is used to show compliance with the 0.12 lb/MMBtu SO<INF>2</INF>
emission rate limit for Hawthorn boiler 5A. In addition, 6.261 section
(4) contains requirements for the facility to maintain data from CEMS
used to show compliance with the rule for a minimum of five years.
Because the numeric limit and the necessary MRR are now fully contained
in the state rule which will be incorporated into the SIP via this
action, Missouri has addressed any potential deficiencies in the SIP
with respect to Hawthorn and has enhanced the enforceability and
protectiveness of the limit that was previously approved into the SIP.
Other facilities retained in 6.261 Table 1 with no change to their
SO<INF>2</INF> emission limits from 6.260 include: Associated Electric
Cooperative (AECI)-New Madrid and Thomas Hill power plants, University
of Missouri-Columbia
[[Page 27494]]
power plant, and the Doe Run Company-Buick Smelter.
2. SO<INF>2</INF> Emission Limits Not Included in Rule
The following facilities with SO<INF>2</INF> limits in 6.260 are
not included in 6.261 Table 1 because they have ceased operating their
coal-burning equipment or have permanently closed: Central Electric
Power Cooperative-Chamois, Empire District Electric Company-Asbury
Station, Independence Power and Light-Blue Valley Station, Kansas City
Power and Light-Montrose Station, Aquila-Sibley Plant, and Doe Run
Company-Herculaneum Smelter.\7\ As part of Missouri's CAA section
110(l) demonstration included in the docket for this action, Missouri
provided documentation regarding the cessation of operation of these
facilities, including permit termination letters, inspection reports, a
retired unit acid rain exemption form, and permanent retirement
letters. Based on our review, we are proposing to find that not
including these limits in 6.261 Table 1 does not reduce the stringency
of the SIP and therefore does not interfere with any applicable
requirement concerning attainment and reasonable further progress or
any other applicable requirement of the CAA, in accordance with section
110(l) of the CAA.
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\7\ Doe Run Company-Herculaneum Smelter ceased all primary lead
smelting operations in December 2013, per 2011 federal Consent
Agreement (Case: 4:10-cv-01895-JCH Doc. #: 116 Signed: 12/21/11).
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The following facilities are not included in 6.261 Table 1 because
they meet the rule's exemptions or are subject to a permanent and
federally enforceable SO<INF>2</INF> limit that is equivalent to or
more stringent than the limit in 6.260: City Utilities-James River
Plant, Trigen-Grand Avenue Plant (now Vicinity), Aquila-Lake Road Plant
(now Evergy-Lake Road), Ameren-Sioux Plant, and Doe Run Company-Glover.
City Utilities-James River replaced five coal-fired boilers with two
natural gas/fuel oil fired combustion turbines, which meet the rule's
exemptions for burning clean fuels, as well as being subject to a more
stringent SO<INF>2</INF> emission limit, as specified in 6.261
subsections (1)(A) and (1)(C), respectively.\8\ The Vicinity, Lake
Road, Ameren-Sioux, and Doe Run-Glover facilities operate under Consent
Agreements approved in Missouri's SIP with SO<INF>2</INF> emission
limits that are more stringent than the limits from 10 CSR 10-6.260.\9\
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\8\ 10 CSR 10-6.261(1)(C)1. exempts units subject to more
restrictive SO<INF>2</INF> emission limits or fuel sulfur content
standards under 10 CSR 10-6.070, which is Missouri's state rule that
incorporates by reference New Source Performance Standards in 40 CFR
part 60. The combustion turbines at the James River power plant are
subject to sulfur limits under 40 CFR part 60, subpart GG, Standards
of Performance for Stationary Gas Turbines.
\9\ Vicinity's consent agreement was approved into Missouri's
SIP in conjunction with the redesignation of the Jackson County,
Missouri SO<INF>2</INF> nonattainment area to attainment on January
31, 2022 (87 FR 4812). Evergy-Lake Road's Consent Agreement was last
approved into the SIP on July 3, 2023 (88 FR 46240). The Consent
Agreement for Ameren-Sioux was approved into the SIP on November 16,
2022 (87 FR 68634). Doe Run-Glover's Consent Agreement was approved
into the SIP on April 27, 2022 (87 FR 24870).
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3. Summary of EPA's Analysis of Revisions to Facility-Specific
SO<INF>2</INF> Emission Limits
Based on our analysis, we are proposing to find that the revisions
to the facility-specific SO<INF>2</INF> emission rate limits in 6.261
Table 1 do not interfere with any applicable requirement concerning
attainment and reasonable further progress or any other applicable
requirement of the CAA, in accordance with section 110(l) of the CAA.
Reinstating the limits for Labadie and Hawthorn addresses the
deficiencies identified in our previous disapproval of 6.261. Regarding
the Hawthorn limit, the addition of footnote (d) to 6.261 Table 1
specifying use of natural gas during startup and operation of the
scrubber during shutdown periods minimizes SO<INF>2</INF> emissions and
ensures a continuous SO<INF>2</INF> emission limit is in place that is
consistent with the facility's Title V Operating Permit. In addition,
inclusion of monitoring, recordkeeping and reporting requirements in
the SIP-approved rule will result in a more enforceable and protective
limit for Hawthorn than previously included in the SIP. The facility-
specific SO<INF>2</INF> limits from 6.260 that have not been retained
in 6.261 are either subject to more stringent SO<INF>2</INF>
requirements elsewhere in the Missouri SIP or are no longer applicable
because the coal-burning equipment has been dismantled or the facility
has ceased operating altogether. For these reasons, we are proposing to
approve the revisions to the facility-specific SO<INF>2</INF> emissions
limits in 6.261 Table 1.
E. Reporting, Recordkeeping, and Testing Requirements
Other revisions to 6.261 include consolidating and clarifying
reporting and recordkeeping requirements in section (4) and CEMS and
test method specifications in section (5), removing duplicative
requirements, as well as making a number of other clarifications and
corrections. The applicability of reporting and recordkeeping
requirements in 6.261 section (4) for excess emissions is expanded to
all sources subject to 6.261, with the exception of startup, shutdown,
and malfunction emissions (SSM) which are covered under a separate rule
in the Missouri SIP, 10 CSR 10-6.050 Start-Up, Shutdown, and
Malfunction Conditions. In 6.260, only certain non-named indirect
heating sources located in the St. Louis area counties and secondary
lead smelters were subject to the rule's excess emissions reporting
requirements. 6.261 section (4) also expands on the recordkeeping
requirements in 6.260 to include more detail on records that must be
maintained. In 6.261 section (5) test methods, the revisions provide
greater clarify on specific SO<INF>2</INF> testing and CEMS
requirements. New language also allows for alternative test methods
that have been reviewed by EPA and approved into the SIP. The EPA is
proposing to determine that changes to record keeping and reporting and
testing requirements do not reduce the stringency of the SIP therefore
do not interfere with any applicable requirement concerning attainment
and reasonable further progress or any other applicable requirement of
the CAA, in accordance with section 110(l) of the CAA.
IV. Negative Declaration for 111(d) Requirements for Sulfuric Acid
Production
The CAA delineates regulations for air pollution emissions that can
adversely impact public health. CAA section 111 requires the EPA
establish standards of performance for certain categories of stationary
sources that, in the Administrator's judgment, ``cause, or contribute
significantly to, air pollution which may reasonably be anticipated to
endanger public health or welfare.'' Under CAA section 111(d), EPA has
issued emission guidelines (EGs) regulating five pollutants from six
source categories that are currently in effect [sulfuric acid plants
(acid mist), phosphate fertilizer plants (fluorides), primary aluminum
plants (fluorides), kraft pulp plants (total reduced sulfur), municipal
solid waste landfills (landfill gases), and fossil fuel-fired electric
generating units (greenhouse gases)]. CAA section 111(d) in conjunction
with CAA section 111(a)(1) establishes and defines roles and
responsibilities for both the EPA and the states in the regulation of
designated facilities. States use the EPA's standards of performance as
the basis for establishing requirements for designated facilities in
their state implementation plans. The states submit their plans to the
EPA, and the EPA must evaluate each state plan. If a state has no
designated facilities for
[[Page 27495]]
a standards of performance source category, it may submit a negative
declaration in lieu of a State plan for that source category according
to 40 CFR 60.23(b) and 62.06.
40 CFR part 62 lists the state plans for control of pollutants and
facilities under section 111(d) and section 129 of the CAA. The State
of Missouri's approved plan for Sulfuric Acid Mist from Existing
Sulfuric Acid Productions Plants is codified at 40 CFR 62.6353. As
stated in 40 CFR 62.6353, in Missouri, 111(d) sulfuric acid production
requirements have historically applied to a single plant, W.R. Grace
and Company in Joplin, Missouri. The regulation was initially approved
and codified into the CFR on March 14, 1986.\10\ The enforceable
SO<INF>2</INF> and sulfuric acid limitations for the 111(d) plan were
originally included in an old state rule, 10 CSR 10-3.100, Restriction
of Emission of Sulfur Compounds, section (4). In the late 1990s, MoDNR
consolidated several sulfur rules covering different parts of the state
into a single statewide rule 10 CSR 10-6.260 and rescinded the older
sulfur rules from the Missouri CSR at the same time. As part of this
sulfur rule consolidation effort, the SO<INF>2</INF> and sulfuric acid
limitations associated with the 111(d) plan in 3.100(4) were moved into
6.260. EPA's approval of the original version of 6.260 into the
Missouri SIP specifies that the SO<INF>2</INF> and sulfuric acid limits
moved into 6.260 from 3.100 section (4) were approved pursuant to
111(d) requirements and were not approved into the SIP.\11\ In a
subsequent revision to 6.260, these limits were moved to subsection
(3)(A).
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\10\ See 51 FR 8828, Mar. 14, 1986, as amended at 63 FR 45729,
Aug. 27, 1998; 71 FR 12626, Mar. 13, 2006; 79 FR 14616, Mar. 17,
2014; 80 FR 11580, Mar. 4, 2015; 84 FR 16407, Apr. 19, 2019.
\11\ See 63 FR 45727, August 27, 1998.
---------------------------------------------------------------------------
MoDNR submitted a negative declaration to EPA on May 4, 2022
certifying that the existing sulfuric acid production plant specified
in 40 CFR 62.6353 was no longer in operation. W.R. Grace and Company in
Joplin, Missouri was the only source listed under 40 CFR 62.6353.
MoDNR's negative declaration stated that an inspection conducted on the
facility on January 13, 2004 determined that the facility was closed.
The facility has since remained closed.
EPA is proposing to approve the negative declaration submitted by
MoDNR serving in lieu of their CAA 111(d) state plan for the Sulfuric
Acid Mist from Existing Sulfuric Acid Production Plants guidelines to
satisfy the requirements of 40 CFR 60.23(b) and 62.06. Any new sulfuric
acid production operations in Missouri would be subject to 40 CFR part
60 subpart H, Standards of Performance for Sulfuric Acid Plants, which
applies to sulfuric acid production facilities constructed or modified
after August 17, 1971.
V. 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 an initial 60-day public review and comment period on
the Regulatory Impact Report, draft version of 10 CSR 10-6.261, and CAA
section 110(l) demonstration from February 2, 2024 to April 2, 2024.
The State provided an additional public notice period from November 1,
2024 to December 12, 2024 and received zero (0) comments. A public
hearing was held December 5, 2024. As explained above (and in more
detail in the TSD which is included in the docket for this action), the
revisions proposed for approval meet the substantive SIP requirements
of the CAA, including section 110 and implementing regulations.
VI. What action is the EPA taking?
We are processing this as a proposed action because we are
soliciting comments on this proposed action. Final rule will occur
after consideration of any comments. The State of Missouri previously
conducted a public notice on the rule changes. We are publishing the
proposed rulemaking in the Federal Register to approve the SIP
submission and 111(d) negative declaration. Any parties interested in
commenting must do so by the date listed in the DATES section of the
document. For further information about commenting on this proposed
rulemaking, see the ADDRESSES section of the document. The EPA is
soliciting comment on the substantive and administrative revisions
detailed in this proposal and the TSD. The EPA is not soliciting
comment on existing rule text that has been previously approved by the
EPA into the SIP. If EPA receives adverse comment, we will address all
public comments in the subsequent final rule based on the proposed
rulemaking.
VII. 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 the Missouri Regulations of 10 CSR 10-6.261
Control of Sulfur Dioxide Emissions as described in section II of this
preamble and 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).
Also, in this document, as described in the proposed amendments to
40 CFR part 52 set forth below, EPA is proposing to remove provisions
of the EPA-Approved Missouri Regulations and Statutes from the Missouri
State Implementation Plan, which is incorporated by reference in
accordance with the requirements of 1 CFR part 51.
VIII. 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, the 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 Orders 12866 (58
FR 51735, October 4, 1993);
<bullet> Executive Order 14192 (90 FR 9065, February 6, 2025) does
not apply because actions that approve state implementation plans are
exempted 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);
[[Page 27496]]
<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);
<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 proposed rulemaking 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
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.
40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: June 13, 2025.
James Macy,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA proposes to amend
40 CFR parts 52 and 62 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 CSR 10-6.261'' to read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
Missouri citation Title State effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------
* * * * * * *
10 CSR 10-6.261............ Control of Sulfur May 30, 2025......... [Date of publication of
Dioxide Emissions. the final rule in the
Federal Register], 90
FR [Federal Register
page where the
document begins of the
final rule].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS
0
3. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart--AA Missouri
Sec. 62.6350 [Amended]
0
4. Amend Sec. 62.6350 by removing ``Sulfuric acid production plants''
and reserving paragraph(c)(2).
0
5. Revise Sec. 62.6353 to read as follows:
Sec. 62.6353 Identification of sources.
Letter from the Missouri Department of Natural Resources, submitted
May 4, 2022, certifying that there are no sulfuric acid production
plants in Missouri. Effective date: The revision effective date of the
negative declaration and EPA withdrawal of the prior plan approval is
[Date 30 days after date of publication of the final rule in the
Federal Register].
[FR Doc. 2025-11825 Filed 6-26-25; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.