Proposed Rule2026-03891
Approval of Missouri's Request for Partial Program Delegation of Clean Air Act Section 112(r) Prevention of Accidental Release Program
Primary source
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Published
February 26, 2026
Issuing agencies
Environmental Protection Agency
Abstract
Under the Clean Air Act (CAA), EPA may approve State or local rules or programs to be implemented and enforced in place of certain otherwise applicable Federal rules, emissions standards, or requirements. On October 6, 2025, the Missouri Department of Natural Resources (MoDNR), on behalf of the State of Missouri, requested delegation of a partial CAA Risk Management Program (RMP) for agricultural anhydrous ammonia facilities. The request was supplemented by MoDNR on October 9, 2025, and on October 27, 2025. The EPA has determined that MoDNR's request meets CAA requirements for delegation of a partial program, and the EPA is proposing to approve the request.
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)]
[Proposed Rules]
[Pages 9523-9528]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03891]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-R07-OAR-2026-0497; FRL-13206-01-R7]
Approval of Missouri's Request for Partial Program Delegation of
Clean Air Act Section 112(r) Prevention of Accidental Release Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: Under the Clean Air Act (CAA), EPA may approve State or local
rules or programs to be implemented and enforced in place of certain
otherwise applicable Federal rules, emissions standards, or
requirements. On October 6, 2025, the Missouri Department of Natural
Resources (MoDNR), on behalf of the State of Missouri, requested
delegation of a partial CAA Risk Management Program (RMP) for
agricultural anhydrous ammonia facilities. The request was supplemented
by MoDNR on October 9, 2025, and on October 27, 2025. The EPA has
determined that MoDNR's request meets CAA requirements for delegation
of a partial program, and the EPA is proposing to approve the request.
DATES: Comments must be received on or before March 30, 2026.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2026-0497, at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#0d6a6c6161646e66236e657f647e7964636c4d687d6c236a627b"><span class="__cf_email__" data-cfemail="492e282525202a22672a213b203a3d202728092c3928672e263f">[email protected]</span></a>. Once submitted, comments cannot be edited or
removed from the docket. The EPA may publish any comment received to
its public docket. Do not submit to the EPA's docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> any information you consider to be Confidential
Business Information (CBI), Proprietary Business Information (PBI), 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
[[Page 9524]]
other file sharing system). Please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a> for additional submission methods; the full EPA
public comment policy; information about CBI, PBI, or multimedia
submissions; and general guidance on making effective comments.
FOR FURTHER INFORMATION CONTACT: Christina Gallick, Chemical Accident
Prevention Section, U.S. Environmental Protection Agency, Region 7,
11201 Renner Blvd., Lenexa, Kansas 66219, telephone number: (913)-551-
7429, email address: <a href="/cdn-cgi/l/email-protection#5631373a3a3f353d78353e243f25223f38371633263778313920"><span class="__cf_email__" data-cfemail="5a3d3b36363339317439322833292e33343b1a3f2a3b743d352c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What action is the EPA proposing in this document?
II. Background
A. Risk Management Program Background
B. Delegation of Section 112 Programs
C. Missouri's Request for Delegation
III. The EPA's Analysis of MoDNR's Submittal
IV. Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Executive Order 14192: Unleashing Prosperity Through
Deregulation
C. Paperwork Reduction Act (PRA)
D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act (UMRA)
F. Executive Order 13132: Federalism
G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
H. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
J. National Technology Transfer and Advancement Act (NTTAA)
I. What action is the EPA proposing in this document?
The EPA is proposing to approve the request submitted by MoDNR on
behalf of the State of Missouri (hereinafter referred to as the State
or Missouri) to delegate a partial RMP for agricultural anhydrous
ammonia facilities, as defined in the State's regulations, to the State
of Missouri. The EPA would retain authority for the RMP for all other
regulated chemicals which may be present at these facilities and any
anhydrous ammonia that does not meet the definition of agricultural
anhydrous ammonia.
On October 6, 2025, the State submitted a request for delegation of
a partial RMP for facilities with an anhydrous ammonia storage capacity
of ten thousand pounds or more that is intended to be used as
fertilizer or in the manufacturing of a fertilizer (an ``agricultural
anhydrous ammonia facility''), as stated in 10 Code of State
Regulations (CSR) 10-6.255(2)(B). The State's request was supplemented
on October 9, 2025, and October 27, 2025. Based on our review of the
State's request, which is described in detail in the following
sections, the EPA proposes to find that such a delegation is
appropriate in that Missouri has satisfied the criteria in 40 CFR
63.91, 63.93, and 63.95. The State's request is included in the docket
for this action.
If approval is finalized, Missouri will have the primary authority
and responsibility to carry out elements of the partial RMP for
agricultural anhydrous ammonia facilities within the State, including
onsite inspections, recordkeeping reviews, audits, compliance
assistance and outreach, and civil and criminal enforcement. The EPA
will retain concurrent authority to implement the RMP for agricultural
anhydrous ammonia facilities within the State and will retain sole
authority for implementing the RMP for all other chemicals and any
anhydrous ammonia that does not meet the definition of agricultural
anhydrous ammonia at these facilities, and for the RMP generally in
Missouri for all other facilities.
II. Background
A. Risk Management Program Background
The EPA originally issued the RMP regulations in two stages. The
Agency published the list of regulated substances and Threshold
Quantities (TQ) in 1994: ``List of Regulated Substances and Thresholds
for Accidental Release Prevention; Requirements for Petitions Under
Section 112(r) of the Clean Air Act as Amended'' (59 FR 4478, January
31, 1994), hereinafter referred to as the ``list rule.'' \1\ The Agency
published the RMP final regulation, containing risk management
requirements for covered sources, in 1996: ``Accidental Release
Prevention Requirements: Risk Management Programs Under Clean Air Act
Section 112(r)(7)'' (61 FR 31668, June 20, 1996), hereinafter referred
to as the ``1996 RMP rule''.\2\ \3\ Subsequent modifications to the
list rule and the 1996 RMP rule were made as discussed in the 2017
Amendments rule (``Accidental Release Prevention Requirements: Risk
Management Programs Under the Clean Air Act'' (82 FR 4594, January 13,
2017), the 2019 Reconsideration rule (``Accidental Release Prevention
Requirements: Risk Management Programs Under the Clean Air Act'' (84 FR
69834, December 19, 2019), and the 2024 SCCAP rule (``Accidental
Release Prevention Requirements: Risk Management Programs Under the
Clean Air Act; Safer Communities by Chemical Accident Prevention'' (89
FR 17622, March 11, 2024).
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\1\ Documents and information related to development of the list
rule can be found in the EPA docket for the rulemaking, docket
number A-91-74.
\2\ Documents and information related to development of the 1996
RMP rule can be found in the EPA docket number A-91-73.
\3\ 40 CFR part 68 applies to owners and operators of stationary
sources that have more than a TQ of a regulated substance within a
process. The regulations do not apply to chemical hazards other than
listed substances held above a TQ within a regulated process.
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Prior to development of the EPA's 1996 RMP rule, OSHA published its
PSM standard in 1992 (57 FR 6356, February 24, 1992), as required by
section 304 of the 1990 Clean Air Act Amendments, using its authority
under 29 U.S.C. 653. The OSHA PSM standard can be found in 29 CFR
1910.119. Both the OSHA PSM standard and the EPA's 1996 RMP rule aim to
prevent or minimize the consequences of accidental chemical releases
through implementation of management program elements that integrate
technologies, procedures, and management practices. In addition to
requiring implementation of management program elements, the 1996 RMP
rule requires any covered source to submit to the EPA a document
summarizing the source's risk management program--called a risk
management plan.
B. Delegation of Section 112 Programs
Section 112(l) of the CAA and 40 CFR part 63, subpart E, authorize
the EPA to approve State rules and programs to be implemented and
enforced in place of certain CAA requirements, including the RMP set
forth at 40 CFR part 68. Section 112(l)(5) states that ``[n]ot later
than 180 days after receiving a program submitted by a State, and after
notice and opportunity for public comment, the Administrator shall
either approve or disapprove such program.''
The criteria that must be demonstrated by a State to receive
approval of the program is set forth in 40 CFR 63.91(a), and a State
seeking
[[Page 9525]]
approval of State rules implementing part 68 must also satisfy
requirements under 40 CFR 63.95 to obtain delegation of a section 112
program.
If the State adopts federal rules unchanged, then only the criteria
in 40 CFR 63.91(d) are required, except for delegation of the RMP for
which the provisions of 40 CFR 63.95 must also be met. When the State
adopts federal rules with changes, then the provisions of either 40 CFR
63.92 or 40 CFR 63.93 must also be met. The provisions for 40 CFR 63.92
are followed if the changes are pre-approved, and the provisions of 40
CFR 63.93 are followed if the changes do not qualify for approval under
40 CFR 63.92. See 40 CFR 63.91(a)(2) and (a)(4).
Under 40 CFR 63.91(d), the State may either reference approval of a
Title V program or directly satisfy the requirements in (d)(3)(i)-(v).
These requirements include:
<bullet> A written finding by the State Attorney General that the
State has the necessary legal authority to implement and enforce the
program and to assure compliance;
<bullet> A copy of the State's statutes, regulations, and
requirements granting authority to implement and enforce the program;
<bullet> A demonstration that the State has adequate resources to
implement and enforce the program;
<bullet> A schedule demonstrating expeditious implementation of the
program; and
<bullet> A plan that assures expeditious compliance, including a
complete description of the State's compliance tracking and enforcement
program.
Section 63.93 pertains to approval of State requirements which
differ from a Federal section 112 rule, and the State must meet all of
the requirements of 40 CFR 63.93(b). These criteria include:
<bullet> A demonstration that applicability criteria are no less
stringent than the regulations of 40 CFR part 68;
<bullet> Accidental prevention program requirements for each
affected source that are no less stringent than would result from the
otherwise applicable Federal rule;
<bullet> A compliance schedule that requires compliance within a
time frame consistent with the deadlines in the regulations of 40 CFR
part 68; and
<bullet> Documentation of compliance and enforcement measures
meeting the minimum provisions described in Sec. 63.95.
Under 40 CFR 63.95(b), the State's part 68 program shall contain
the following elements, consistent with the procedures in Sec. 63.91,
and where appropriate either Sec. 63.92 or Sec. 63.93, for at least
the chemicals listed in 40 CFR part 68, subpart F, that an approvable
State Accidental Release Prevention program is regulating:
<bullet> A demonstration of the State's authority and resources to
implement and enforce regulations that are no less stringent than the
regulations of 40 CFR part 68, subparts A through G, and 40 CFR 68.200;
<bullet> A requirement that any source subject to the State's part
68 program submit a risk management plan that reports at least the same
information in the same format as required under part 68, subpart G;
<bullet> Procedures for reviewing risk management plans and
providing technical assistance to stationary sources including small
businesses; and
<bullet> A demonstration of the State's authority to enforce all
part 68 requirements must be made, including an auditing strategy that
complies with Sec. 68.220.
For a program that covers all of the federally-listed chemicals (a
``complete program'') or a program covering less than all of the
federally-listed chemicals (a ``partial program''), the State must take
delegation of the full part 68 program for the federally-listed
chemicals it regulates. See 40 CFR 63.95(c).
C. Missouri's Request for Delegation
On October 6, 2025, MoDNR submitted to the EPA a request to receive
delegation of authority to implement and enforce a partial RMP for
agricultural anhydrous ammonia facilities in Missouri and supplemented
this request on October 9, 2025. The EPA responded to MoDNR's request
on October 10, 2025, acknowledging the receipt of the request for
partial program delegation and describing the steps required to
delegate the partial RMP. The EPA reviewed the information provided
with the request for partial program delegation and requested further
information on October 17, 2025. On October 27, 2025, MoDNR submitted
supplemental information for its request. On October 30, 2025, the EPA
determined that the delegation package was complete and sent MoDNR a
letter stating the delegation request was determined to be complete.
On October 4, 2022, the Missouri General Assembly amended the
Missouri Air Conservation Law, Chapter 643 of the Revised Statutes of
Missouri (RSMo 643) to give the Missouri Air Conservation Commission
the authority to adopt rules necessary to implement and enforce the RMP
under 42 U.S.C. 7412(r) for agricultural facilities, effective January
2, 2023. The Missouri Air Conservation Commission adopted the Chemical
Accident Prevention for Agricultural Anhydrous Ammonia regulations at
10 CSR 10-6.255, and the rules became effective February 28, 2025.
The regulations at 10 CSR 10-6.255 adopted the requirements of 40
CFR part 68 with changes. Specifically, the State's rules:
1. Replace the term ``stationary source'' in 40 CFR part 68 with
the term ``agricultural anhydrous ammonia facility,'' which is defined
at 10 CSR 10-6.255(2)(C); and
2. Replace the term ``recognized and generally accepted good
engineering practices'' as it appears in 40 CFR 68.48(b), 40 CFR
68.56(d), 40 CFR 68.65(d)(2), and 40 CFR 68.73(d)(2), with the clause
``ANSI/CGA G-2.1-2023 Requirements for the Storage and Handling of
Anhydrous Ammonia (Seventh Edition).'' This references the American
National Standards Institute and Compressed Gas Association's industry
standards, and the rule permits the use of alternative codes and
specifications if demonstrated to be equivalent to or safer than the
ANSI/CGA standard and such demonstrations is approved in advance by the
MoDNR director.
III. The EPA's Analysis of MoDNR's Submittal
Based on MoDNR's delegation request for a partial RMP and
applicable laws and regulations, the EPA is proposing to approve the
request, as MoDNR has satisfied the relevant criteria of 40 CFR 63.91,
63.93, and 63.95. The EPA is treating MoDNR's request as a request for
delegation of a partial program with changes to the rule under 40 CFR
63.91(a)(2) and (4), as Missouri's regulations made changes to the RMP
in 40 CFR part 68 as described above.
In accordance with 40 CFR 63.91(d)(1), the State's delegation
request meets the section 112(l) approval criteria specified in the CAA
and in 40 CFR 63.93 and 63.95.
Missouri's request for approval also satisfies the criteria of 40
CFR 63.91(d)(3). MoDNR provided a written finding by the Missouri
Attorney General detailing MoDNR's authority to implement and enforce
the RMP for agricultural anhydrous ammonia facilities, including:
<bullet> The authority to restrain or enjoin any person from
engaging in any activity presenting an imminent and substantial
endangerment to the public health or the environment; the ability to
seek injunctive relief in court to enjoin any violation of any program
requirement; and the authority to assess
[[Page 9526]]
or sue to recover civil penalties and seek criminal remedies, found at
section 643.085, RSMo;
<bullet> The authority to request information from regulated
sources regarding their compliance status, found at section 643.050,
RSMo; and
<bullet> The authority to inspect sources and any records required
to determine a source's compliance status, found at section 643.050,
RSMo.
The Attorney General also determined that MoDNR had adequate
authorities to assure compliance with the RMP for sources subject to
these provisions and inspect sources and records required to determine
compliance status, as required by 40 CFR 63.91(d)(3)(i)(B) and (C). As
explained above, RSMo sections 643.060 and 643.080 provide MoDNR with
authority to request information from and conduct inspections of such
sources.
In accordance with 40 CFR 63.91(d)(3)(ii)-(v), MoDNR submitted
copies of the appropriate provisions of State statutes and regulations,
documentation of adequate resources to implement and enforce the RMP,
and a schedule and plan to assure expeditious implementation and
compliance by all sources, including a description of the State's
compliance tracking, enforcement program, and inspection strategies.
With respect to adequate resources and expeditious implementation,
MoDNR currently has three employees devoted almost entirely to program
implementation.
In September 2025, MoDNR created an inspection targeting list for
Federal fiscal year 2026 and began conducting inspections and
compliance assistance visits of agricultural anhydrous ammonia
facilities. MoDNR has three staff who are trained to conduct
inspections to ensure compliance with 10 CSR 10-6.255. There are
currently approximately 200 facilities subject to Missouri's
regulations, such that MoDNR plans to inspect approximately 40
facilities each year. Therefore, MoDNR's request for approval of a
partial RMP comports with the approval criteria set forth in 40 CFR
63.91(d).
MoDNR's request for approval also meets the approval criteria of 40
CFR 63.93(b). We have reviewed the limited changes Missouri made to its
regulation and have determined that the applicability criteria and
program requirements for each affected source are no less stringent
than 40 CFR part 68. As detailed above, one of the requirements of
Missouri's rule that differs from 40 CFR part 68 is the replacement of
``recognized and generally accepted good engineering practices'' with
the 2023 ANSI/CGA standard for anhydrous ammonia. However, Missouri's
rule also provides for the use of equivalent or safer industry
standards. See 10 CSR 10-6.255(3)(A)(2).
The other change made to the rule is the substitution of the term
``agricultural anhydrous ammonia facility'' for the term ``stationary
source'' anywhere it appears in 40 CFR part 68. Missouri's regulation
defines ``agricultural anhydrous ammonia facility'' as ``a stationary
source facility that uses, stores, or sells agricultural anhydrous
ammonia that meets the threshold quantity of ten thousand (10,000) lbs.
as listed in Table 2 of 40 CFR 68.130.'' The EPA finds that this change
is no less stringent than the applicability criteria of 40 CFR part 68,
which states that the owner or operator of a stationary source with a
process subject to either Program 1, Program 2, or Program 3 must
comply with the applicable requirements. See 40 CFR 68.10(j)-(l);
68.12(b)-(d). The federal rule defines ``process'' as ``any activity
involving a regulated substance including any use, storage,
manufacturing, handling, or on-site movements of such substances, or
combination of these activities.'' 40 CFR 68.3. A ``covered process''
means ``a process that has a regulated substance present in more than a
threshold quantity as determined under Sec. 68.115.'' The definition
of ``agricultural anhydrous ammonia facility'' in Missouri's regulation
specifically incorporates the process and covered process for the
identified stationary sources because the partial program covers only
agricultural anhydrous ammonia. Replacing ``stationary source'' with
``agricultural anhydrous ammonia facility'' results in applicability
criteria for Missouri's partial program that is no less stringent than
40 CFR part 68.
The approval criteria set forth in Sec. 63.93(b)(3) requires the
delegation request to contain a compliance schedule that requires each
affected source to be in compliance within a time frame consistent with
the deadlines established in the otherwise applicable Federal rule. The
RMP establishes compliance deadlines for the owner or operator of a
stationary source that has more than a threshold quantity of a
regulated substance in a process, as determined under Sec. 68.115, and
states the owner or operator shall comply with the requirements of this
part no later than the latest of the following dates:
(1) June 21, 1999;
(2) Three years after the date on which a regulated substance is
first listed under Sec. 68.130;
(3) The date on which a regulated substance is first present above
a threshold quantity in a process; or
(4) For any revisions to this part, the effective date of the final
rule that revises this part.
40 CFR 68.10(a).
Missouri's regulation incorporates by reference the provisions of
40 CFR part 68 with two changes, as noted above. Missouri's regulation
became effective on February 28, 2025. Therefore, agricultural
anhydrous ammonia facilities, as that term is defined in 10 CSR 10-
6.255(2)(C), are currently subject to the Missouri regulation and must
comply with 10 CSR 10-6.255 and, as incorporated by reference into the
regulation, the compliance schedule of 40 CFR 68.10(a).
Therefore, the EPA finds that MoDNR's request for approval of a
delegation of a partial RMP meets the criteria of 40 CFR 63.93(b).
Furthermore, pursuant to 40 CFR 63.95(b)(1), the State's request
for approval demonstrates that it has the authority and resources to
implement and enforce regulations that are no less stringent than the
regulations in 40 CFR part 68, subparts A through G, and Sec. 68.200,
and a requirement that subject sources submit a risk management plan
that reports at least the same information in the same format to the
same location as required under 40 CFR part 68, subpart G.
Under 40 CFR 63.95(b)(2), a State's RMP may require reporting of
information not required by the Federal program, and these requirements
(like any other additional State requirements) will become federally
enforceable upon approval. In this case, MoDNR has directly adopted by
reference the Federal program in part 68 for the reporting requirements
of subpart G.
As required by 40 CFR 63.95(b)(3)-(4), MoDNR submitted
documentation that it has adequate procedures for reviewing risk
management plans, providing technical assistance to stationary sources,
including small businesses, and auditing risk management plans in a
manner consistent with 40 CFR 68.220. In particular, MoDNR will review
and audit risk management plans as part of the execution of its
inspection scheme, by which facilities are inspected, at a minimum,
once every five years based on both randomized data and targeted lists
of facilities with late filing or non-submittal of risk management
plans. MoDNR meets the minimum compliance and enforcement measures
described in Sec. 63.95 as discussed above, fulfilling the requirement
of 40 CFR 63.91(d)(1).
[[Page 9527]]
If this proposal is finalized, MoDNR will have primary authority
and responsibility to implement and enforce the RMP for agricultural
anhydrous ammonia facilities in Missouri. However, nothing shall
preclude, limit, or interfere with the authority of the EPA to exercise
its outreach and compliance assistance, enforcement, investigatory, and
information gathering authorities concerning this part of the CAA. If
the EPA determines that MoDNR's procedures for enforcing or
implementing the 40 CFR part 68 requirements are inadequate, or are not
being effectively carried out, this delegation may be revoked in whole
or in part in accordance with the procedures set forth in 40 CFR
63.96(b).
IV. Proposed Action
The EPA proposes to approve MoDNR's request for delegation of
authority to implement and enforce a partial RMP for agricultural
anhydrous ammonia facilities. MoDNR has incorporated by reference, with
changes, the Federal requirements set forth in 40 CFR part 68 at 10 CSR
10-6.255 and regulates agricultural anhydrous ammonia facilities
through this authority as well as its authority in RSMo sections
643.050, 643.060, 643.080, and 643.085. This delegation will extend to
agricultural anhydrous ammonia facilities, as that term is defined in
10 CSR 10-6.255(2)(C), which are sources subject to the accidental
release prevention regulations in 40 CFR part 68.
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 the requirements of 1 CFR 51.5, the EPA is proposing to
finalize the incorporation by reference of the Missouri rule 10 CSR 10-
6.255 discussed in section II. of this preamble and as set forth below
in the proposed amendments to 40 CFR part 63. The purpose of this State
regulation is to define the Agricultural Anhydrous Ammonia Program and
the requirements of the program in the State of Missouri. 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 Regional Administrator has the authority to
approve section 112(l) submissions that comply with the provisions of
the Act and applicable Federal regulations. Thus, in reviewing
delegation requests under 112(l), the EPA's role is to review and
approve State program delegation requests, provided that they meet the
criteria and objectives of the CAA and the EPA's implementing
regulations. Accordingly, this proposed action merely approves the
State's request and does not impose additional requirements beyond
those imposed by State law. For that reason:
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action as defined in
Executive Order 12866 (58 FR 51735, October 4, 1993) and was therefore
not submitted to the Office of Management and Budget (OMB) for review.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is not an Executive Order 14192 regulatory action
because this action is not significant under Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA (44 U.S.C. 3501 et seq.) because it does not contain any
information collection activities.
D. Regulatory Flexibility Act (RFA)
This action is certified as not having a significant economic
impact on a substantial number of small entities under the RFA (5
U.S.C. 601 et seq.). This action merely delegates to the local agency
the authority to implement the already applicable requirements of the
Federal Rule.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments.
F. Executive Order 13132: Federalism
This action does not have federalism implications as specified in
Executive Order 13131 (64 FR 43255, August 10, 1999). It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have Tribal implications as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this action.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045 directs federal agencies to include an
evaluation of the health and safety effects of the planned regulation
on children in federal health and safety standards and explain why the
regulation is preferable to potentially effective and reasonably
feasible alternatives. This action is not subject to Executive Order
13045 because it is not a significant regulatory action under section
3(f)(1) of Executive Order 12866, and because the EPA does not believe
the environmental health or safety risks addressed by this action
present a disproportionate risk to children. This action merely
delegates to a State agency the authority to administer the already
applicable RMP.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a significant regulatory action under
Executive Order 12866.
J. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards. This action
merely delegates to a State agency the authority to administer the
already applicable RMP.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Chemicals,
Hazardous substances, Incorporation by reference, Intergovernmental
relations, Risk management program.
Dated: February 6, 2026.
James Macy,
Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA proposes to amend 40
CFR part 63 as set forth below:
[[Page 9528]]
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
0
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart A--General Provisions
0
2. Section 63.14 is amended by adding paragraph (n)(14) to read as
follows:
Sec. 63.14 Incorporations by reference.
* * * * *
(n) * * *
(14) Missouri Department of Natural Resources regulations at
Division 10, Air Conservation Commission, Chapter 6 Air Quality
Standards, Definitions, Sampling and Reference Methods and Air
Pollution Control Regulations for the Entire State of Missouri, section
255, ``Chemical Accident Prevention for Agricultural Anhydrous
Ammonia'', effective as of February 28, 2025. Incorporation by
reference approved for Sec. 63.99(a).
* * * * *
Subpart E--Approval of State Programs and Delegation of Federal
Authorities
0
3. Section 63.99 is amended by adding paragraph (a)(26) to read as
follows:
Sec. 63.99 Delegated Federal authorities.
(a) * * *
(26) Affected agricultural anhydrous ammonia facilities within
Missouri must comply with the Chemical Accident Prevention for
Agricultural Anhydrous Ammonia 10 CSR 10-6.255 (incorporated by
reference as specified in Sec. 63.14). 10 CSR 10-6.255 of Missouri's
Code of State Regulations pertains to agricultural anhydrous ammonia
facilities in the State of Missouri's jurisdiction and have been
approved under the procedures of Sec. 63.93 and Sec. 63.95 to be
implemented and enforced in place of 40 CFR part 68 by the State.
* * * * *
[FR Doc. 2026-03891 Filed 2-25-26; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on February 26, 2026.
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.