Rule2026-03888
Air Plan Approval; Missouri; Reporting Emission Data, Emission Fees, and Process Information
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
February 26, 2026
Effective
March 30, 2026
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) and the Missouri Operating Permits Program related to Reporting Emission Data, Emission Fees, and Process Information. The revisions set emission fees and a base fee for calendar years 2025-2028 and beyond, add 1-Bromopropane to the category 1 Hazardous Air Pollutant list in table 1, update two publication dates for material that is incorporated by reference and make minor administrative changes to the rule. 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 91 Issue 38 (Thursday, February 26, 2026)</title>
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[Federal Register Volume 91, Number 38 (Thursday, February 26, 2026)]
[Rules and Regulations]
[Pages 9457-9459]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03888]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R07-OAR-2025-2830; FRL-13059-02-R7]
Air Plan Approval; Missouri; Reporting Emission Data, Emission
Fees, and Process Information
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) and the Missouri Operating Permits Program related to Reporting
Emission Data, Emission Fees, and Process Information. The revisions
set emission fees and a base fee for calendar years 2025-2028 and
beyond, add 1-Bromopropane to the category 1 Hazardous Air Pollutant
list in table 1, update two publication dates for material that is
incorporated by reference and make minor administrative changes to the
rule. 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 March 30, 2026.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2025-2830. 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: 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#5c3e2e332b32722f28392a39321c392c3d723b332a"><span class="__cf_email__" data-cfemail="e183938e968fcf92958497848fa1849180cf868e97">[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 and the state
Title V Operating Permits Program, 10-6.110 ``Reporting Emission Data,
Emission Fees, and Process Information,'' submitted to the EPA on March
19, 2025. The amendments to this rule set emission fees and a base fee
for calendar years 2025-2028 and beyond, add 1-Bromopropane to the
category 1 Hazardous Air Pollutant list in table 1,
[[Page 9458]]
update two publication dates for material that is incorporated by
reference, and make minor administrative changes to the rule. The EPA
finds 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 state
submittal 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 and related
amendments to their Title V Operating Permits Program, from July 15,
2024, to September 5, 2024, and held a public hearing on August 29,
2024. The State of Missouri received one supportive comment during the
public comment period on 10 CSR 10-6.110. The revision meets the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations, and is consistent with applicable EPA
requirements in title V of the CAA and 40 CFR part 70.
III. The EPA's Response to Comments
The public comment period on the EPA's proposed rule opened
November 28, 2025, the date of its publication in the Federal Register
and closed on December 29, 2025 (90 FR 54605). 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 and the
Missouri Title V Operating Permits Program by approving the State's
request to revise 10 CSR 10-6.110 ``Reporting Emission Data, Emission
Fees, and Process Information.'' This final action approves these
amendments as part of the SIP, except for subsection (3)(A), which is
not included in the SIP. However, the entire rule revision is being
submitted for inclusion in the Missouri Title V Operating Permits
program. These revisions update the emissions fee for permitted sources
in subsection (3)(A) and the emission reporting years in table 4 of
section (4)(B), as set by Missouri statute. Specifically, section
(3)(A) revises the emission fees section, which is approved under the
Operating Permits Program only and is not being approved in the
Missouri SIP. The revised emission fees section updates the emissions
fee for permitted sources as set by Missouri statute per ton of air
pollution emitted annually for calendar years 2025-2028 and beyond and
is effective January 1, 2026.
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 10-6.110 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 provide procedures for reporting
emission-related information and establish emission fees for the
purpose of state air resource planning. 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 SIP, 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 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 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 the 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 April 27, 2026. 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,
[[Page 9459]]
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
Reporting and recordkeeping requirements.
Dated: February 19, 2026.
James Macy,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA amends 40 CFR parts
52 and 70 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 ``10-6.110'' 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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Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
Regulations for the State of Missouri
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* * * * * * *
10-6.110..................... Reporting Emission 1/1/2026 2/26/2026,91 FR Subsection (3)(A) is
Data, Emission Fees, [insert Federal not SIP approved.
and Process Register page where
Information. the document begins].
* * * * * * *
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* * * * *
PART 70--STATE OPERATING PERMIT PROGRAMS
0
3. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
4. Appendix A to part 70 is amended by adding paragraph (kk) under
``Missouri'' to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Missouri
* * * * *
(kk) The Missouri Department of Natural Resources submitted
revisions to Missouri rule 10 CSR 10-6.110, ``Reporting Emission
Data, Emission Fees, and Process Information'' on March 19, 2025.
The state effective date is January 1, 2026. This revision is
effective April 27, 2026.
* * * * *
[FR Doc. 2026-03888 Filed 2-25-26; 8:45 am]
BILLING CODE 6560-50-P
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