Rule2025-12798
Air Plan Approval; Missouri; Control of Emissions During Petroleum Liquid Storage, Loading, and Transfer
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
July 10, 2025
Effective
August 11, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve revisions to the State Implementation Plan (SIP) for the State of Missouri related to the control of emissions during petroleum liquid storage, loading and transfer in the Kansas City metropolitan area. The revisions 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 final 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 130 (Thursday, July 10, 2025)</title>
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[Federal Register Volume 90, Number 130 (Thursday, July 10, 2025)]
[Rules and Regulations]
[Pages 30593-30595]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12798]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2025-0175; FRL-12732-02-R7]
Air Plan Approval; Missouri; Control of Emissions During
Petroleum Liquid Storage, Loading, and Transfer
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 State Implementation Plan (SIP) for
the State of Missouri related to the control of emissions during
petroleum liquid storage, loading and transfer in the Kansas City
metropolitan area. The revisions 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 final 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 August 11, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2025-0175. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://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.
[[Page 30594]]
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="https://www.regulations.gov">https://www.regulations.gov</a> or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional information.
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#ec8e9e839b82c29f98899a8982ac899c8dc28b839a"><span class="__cf_email__" data-cfemail="a2c0d0cdd5cc8cd1d6c7d4c7cce2c7d2c38cc5cdd4">[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. The EPA's Response to Comments
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. What is being addressed in this document?
The EPA is approving 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 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 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. 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 the EPA's analysis of the
revisions can be found in the technical support document (TSD) included
in this docket.
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 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 the EPA by
submitting supplemental information on August 1, 2019, to clarify and
answer questions the EPA made during the comment period. Missouri
responded to all comments and revised the rule based on public comments
prior to submitting to the 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.
III. The EPA's Response to Comments
The public comment period on the EPA's proposed rule opened May 8,
2025, the date of its publication in the Federal Register and closed on
June 9, 2025 (90 FR 19460). During this period, the EPA received no
comments.
IV. What action is the EPA taking?
The EPA is taking final action 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.''
V. 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 10-2.260 discussed in section I. of this preamble
and as set forth below in the 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).
Therefore, these materials have been approved by the EPA for
inclusion in the State Implementation Plan, have been incorporated by
reference by the 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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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, 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 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
[[Page 30595]]
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).
This action is subject to the Congressional Review Act (CRA), 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 8, 2025. 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: June 30, 2025.
James Macy,
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, the table in paragraph (c) is amended by revising
the entry ``10-2.260'' 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 2--Air Quality Standards and Air Pollution Control Regulations for the Kansas City Metropolitan Area
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10-2.260..................... Control of Emissions 2/28/2019 7/10/2025, 90 FR ..............
During Petroleum Liquid [insert Federal
Storage, Loading and Register page where
Transfer. the document begins].
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[FR Doc. 2025-12798 Filed 7-9-25; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on July 10, 2025.
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