Rule2025-17028
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
September 5, 2025
Effective
October 6, 2025
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 replacing the previous statewide sulfur dioxide (SO<INF>2</INF>) rule with the latest version of a newer SO<INF>2</INF> rule (10 CSR 10-6.261). The SIP revisions include removing outdated requirements and reinstating SO<INF>2</INF> emission limits for the Ameren-Labadie and Evergy-Hawthorn power plants. 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). The EPA is also approving Missouri's negative declaration of sources subject to sulfuric acid production requirements. This final approval action 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 170 (Friday, September 5, 2025)</title>
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[Federal Register Volume 90, Number 170 (Friday, September 5, 2025)]
[Rules and Regulations]
[Pages 42839-42841]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17028]
[[Page 42839]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 62
[EPA-R07-OAR-2025-0263; FRL-12807-02-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: 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 replacing the previous statewide sulfur dioxide
(SO<INF>2</INF>) rule with the latest version of a newer SO<INF>2</INF>
rule (10 CSR 10-6.261). The SIP revisions include removing outdated
requirements and reinstating SO<INF>2</INF> emission limits for the
Ameren-Labadie and Evergy-Hawthorn power plants. 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). The EPA is also approving Missouri's negative
declaration of sources subject to sulfuric acid production
requirements. This final approval action is being done in accordance
with the requirements of the Clean Air Act (CAA).
DATES: This final rule is effective on October 6, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2025-0263. 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. 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: 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#9fe9f6ebb1e8faf1fbe6dffaeffeb1f8f0e9"><span class="__cf_email__" data-cfemail="52243b267c25373c362b123722337c353d24">[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 revisions to the Missouri SIP received on
April 23, 2025. The EPA proposed to approve these revisions on June 27,
2025 (90 FR 27491). In its submission, Missouri 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. Specifically, the revisions resulting from
this action include adding an exemption for units burning ultra-low
sulfur diesel fuel; removing sulfur compound stack gas concentration
limits for non-indirect heating units along with eliminating these
sources from the rule's applicability; consolidating all facility-
specific SO<INF>2</INF> emission rate limits into a single table and
removing the limits that are no longer necessary; consolidating and
clarifying reporting, recordkeeping, and testing requirements; and
making a number of other minor changes and error corrections.
The revisions also reinstate SO<INF>2</INF> emission limits
applicable to Ameren-Labadie and Evergy-Hawthorn power plants that
Missouri had previously removed from 10 CSR 10-6.261, which addresses
the deficiencies identified in the EPA's disapproval action finalized
on January 4, 2023 (88 FR 291). Regarding the Hawthorn SO<INF>2</INF>
emission limit for boiler 5A, the revisions incorporate requirements
for natural gas usage and dry scrubber operation during periods of
startup and shutdown, ensuring that a continuous limit is in place. In
addition, because the Hawthorn boiler 5A numeric limit along with the
necessary monitoring, record keeping, and reporting requirements are
now fully incorporated into the SIP via this action, any potential
deficiencies in the SIP with respect to Hawthorn have been addressed
and the enforceability and protectiveness of the limit previously
approved into the SIP have been enhanced.
Concurrent with approving these revisions to the Missouri SIP, the
EPA is approving a negative declaration submitted on May 4, 2022
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. The lone facility
included in the state's 111(d) plan at 40 CFR 62.6353, W.R. Grace and
Company, Joplin, Missouri, has permanently closed.
The proposed rule and the EPA's technical support document (TSD)
included in this docket discuss our analysis of the Missouri SIP and
111(d) plan revisions in greater detail.
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
satisfies 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 the
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. In addition, as explained in
section III. of the proposed rule and in more detail in the TSD
included in the docket for this action, the revisions meet 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 June
27, 2025, the date of its publication in the Federal Register, and
closed on July 28, 2025. 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 incorporate 10 CSR 10-6.261 ``Control
of Sulfur Dioxide Emissions'' and revise 40 CFR 62.6353.
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
[[Page 42840]]
Missouri state rule 10 CSR 10-6.261 discussed in section I. of this
preamble and as set forth below in the amendments to 40 CFR part 52.
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 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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Also, in this document, as described in the amendments to 40 CFR
part 52 set forth below, the EPA is removing 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.
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 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);
<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).
This action is subject to the Congressional Review Act (CRA), 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 4, 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
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: August 27, 2025.
James Macy,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA amends 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 removing
the entry ``10-6.260'' and adding the entry ``10-6.261'' in numerical
order to read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Missouri Regulations
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State
Missouri citation Title effective EPA approval date Explanation
date
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Missouri Department of Natural Resources
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[[Page 42841]]
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Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
Regulations for the State of Missouri
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* * * * * * *
10-6.261................. Control of Sulfur 5/30/2025 9/5/2025, 90 FR ........................
Dioxide Emissions. [insert Federal
Register page where
the document begins].
* * * * * * *
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* * * * *
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 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
October 6, 2025.
[FR Doc. 2025-17028 Filed 9-4-25; 8:45 am]
BILLING CODE 6560-50-P
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