Proposed Rule2026-00214
Air Plan Approval; Missouri; Construction Permits Required
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
January 8, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve revisions to the Missouri State Implementation Plan (SIP) received on March 19, 2025, that contain updates to the construction permit requirement regulations for stationary and portable air sources in Missouri that help ensure ambient air quality standards are met. The revisions to this rule include updating the fees for facilities applying for and receiving construction permits for air pollution sources; removing a subsection from the state rule that was never approved in the SIP; 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 91 Issue 5 (Thursday, January 8, 2026)</title>
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[Federal Register Volume 91, Number 5 (Thursday, January 8, 2026)]
[Proposed Rules]
[Pages 652-654]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00214]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2025-3161; FRL-13099-01-R7]
Air Plan Approval; Missouri; Construction Permits Required
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)
received on March 19, 2025, that contain updates to the construction
permit requirement regulations for stationary and portable air sources
in Missouri that help ensure ambient air quality standards are met. The
revisions to this rule include updating the fees for facilities
applying for and receiving construction permits for air pollution
sources; removing a subsection from the state rule that was never
approved in the SIP; and making administrative wording changes. These
revisions do not impact the stringency
[[Page 653]]
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 February 9, 2026.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2025-3161 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#6d0f1f021a03431e19081b08032d081d0c430a021b"><span class="__cf_email__" data-cfemail="e68494899188c8959283908388a6839687c8818990">[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-
3161, 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 March 19, 2025. The revisions are to Title 10,
Division 10 of the Code of State Regulations (CSR), 10 CSR 10-6.060
``Construction Permits Required''. The purpose of the state regulation
is to define sources required to obtain permits to construct and
establishes requirements to be met prior to construction or
modification of any sources, including procedures for the permitting
authority to issue general permits, fees, and public notice
requirements. The March 19, 2025, revisions to this rule include
updates to the fees for facilities applying for and receiving
construction permits for air pollution sources, removal of subsection
(1)(B) from the state rule that provided the ability for facilities to
apply for and receive voluntary permits which was never approved in the
SIP, and 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 can be found in the redline strikeout
section of the Missouri submittal 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 July 15, 2024,
to September 5, 2024, and held a public hearing on August 29, 2024.
Missouri received one (1) supporting comment during the comment period
on 10 CSR 10-6.060. As explained above 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 10-6.060 ``Construction Permits
Required.'' 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-
6.060 discussed in section II. of this preamble and as set forth below
in the proposed amendments to 40 CFR part 52. The purpose of the state
regulation is to define sources required to obtain permits to construct
and establish requirements to be met prior to construction or
modification of any sources and establish procedures for the permitting
authority to issue general permits, fees, and public notice
requirements. 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
[[Page 654]]
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: December 18, 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 ``10-6.060'' 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 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
Regulations for the State of Missouri
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* * * * * * *
10-6.060...................... Construction 1/1/2026 [Date of publication
Permits Required. of the final rule in
the Federal
Register], 90 FR
[Federal Register
page where the
document begins of
the final rule].
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[FR Doc. 2026-00214 Filed 1-7-26; 8:45 am]
BILLING CODE 6560-50-P
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