Rule2026-06832
Air Plan Approval; Missouri; Revisions to Existing Rule 10 CSR 10-5.570; Control of Sulfur Emissions From Stationary Boilers
Primary source
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Published
April 9, 2026
Effective
June 8, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Missouri State Implementation Plan (SIP) submitted by the Missouri Department of Natural Resources (MoDNR). This direct final action will amend the SIP to address administrative changes to the State rule in the Missouri Code of State Regulations (CSR). Revisions include removal of references to a revoked State regulation and other minor administrative changes. The EPA is approving these changes because they are consistent with the Clean Air Act (CAA) and applicable EPA regulations.
Full Text
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<title>Federal Register, Volume 91 Issue 68 (Thursday, April 9, 2026)</title>
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[Federal Register Volume 91, Number 68 (Thursday, April 9, 2026)]
[Rules and Regulations]
[Pages 17855-17857]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06832]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2026-1785; FRL-13279-02-R7]
Air Plan Approval; Missouri; Revisions to Existing Rule 10 CSR
10-5.570; Control of Sulfur Emissions From Stationary Boilers
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the Missouri State Implementation
Plan (SIP) submitted by the Missouri Department of Natural Resources
(MoDNR). This direct final action will amend the SIP to address
administrative changes to the State rule in the Missouri Code of State
Regulations (CSR). Revisions include removal of references to a revoked
State regulation and other minor administrative changes. The EPA is
approving these changes because they are consistent with the Clean Air
Act (CAA) and applicable EPA regulations.
DATES: This direct final rule will be effective June 8, 2026, without
further notice, unless the EPA receives adverse comment by May 11,
2026. If EPA receives adverse comments, we will publish a timely
withdrawal of the direct final rule in the Federal Register informing
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2026-1785 to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online
instructions for submitting comments. 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>.
FOR FURTHER INFORMATION CONTACT: Ashley Eichman, Environmental
Protection Agency, Region 7 Office, Air and Radiation Division, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7762; email address: <a href="/cdn-cgi/l/email-protection#395c505a5154585717584a51555c40795c4958175e564f"><span class="__cf_email__" data-cfemail="bfdad6dcd7d2ded191deccd7d3dac6ffdacfde91d8d0c9">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the 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. What action is the EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is being addressed in this document?
The EPA is approving a revision to the Missouri SIP, submitted by
the MoDNR on November 10, 2020. Specifically, the revisions are to a
State rule at Title 10, Division 10 of the Code of State Regulations
(CSR) 5.570, Control of Sulfur Emissions From Stationary Boilers, which
is codified in the Missouri SIP at 40 CFR 52.1320(c). The purpose of
the State regulation is to restrict emissions of sulfur dioxide from
industrial boilers in the St. Louis, Missouri area. The administrative
changes corrected abbreviations used for sulfur dioxide
(SO<INF>2</INF>), removed duplicative references to 40 CFR part 60,
removed a citation to subpart A for appendix B of 40 CFR part 60, and
[[Page 17856]]
added punctuation. The full text of the rule revisions as well as 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 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, 2019,
to September 5, 2019, and received one comment from the EPA. The
comment involved an issue surrounding 10 CSR 10-6.261 that at the time
had not been approved into the SIP. 10 CSR 10-6.261 was approved into
the SIP effective October 6, 2025.\1\ As explained 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.
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\1\ See 90 FR 42839 (September 5, 2025).
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III. What action is the EPA taking?
We are publishing this direct final rule without a prior proposed
rule because we view the amendment of the Missouri SIP to incorporate
the revised State rule as routine and noncontroversial, and anticipate
no adverse comments. The revisions to 10 CSR 10-5.570 will not affect
the area's ability to attain or maintain any air quality standard
because they are administrative in nature. However, in the ``Proposed
Rules'' section of this Federal Register, we are publishing a separate
document that will serve as the proposed rule to approve the SIP
revision if adverse comments are received on this direct final rule. We
will not institute a second comment period on this action. Any parties
interested in commenting must do so at this time. For further
information about commenting on this rule, see the ADDRESSES section of
this document. If EPA receives adverse comment, we will publish a
timely withdrawal in the Federal Register informing the public that
this direct final rule will not take effect. We will address all public
comments in any subsequent final rule based on the proposed rule.
IV. 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 incorporating by reference Missouri Regulations
at 10 CSR 10-5.570, Control of Sulfur Dioxide Emissions From Stationary
Boilers, as discussed in section I. of this preamble and 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 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 final rulemaking of the
EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\2\
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\2\ 62 FR 27968 (May 22, 1997).
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V. 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 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 June 8, 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 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: March 31, 2026.
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
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1. The authority citation for part 52 continues to read as follows:
[[Page 17857]]
Authority: 42 U.S.C. 7401 et seq.
Subpart AA--Missouri
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2. In Sec. 52.1320, the table in paragraph (c) is amended by revising
the entry ``10-5.570'' 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 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
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10-5.570..................... Control of Sulfur 10/31/2019 4/9/2026, 91 FR [insert
Emissions From Federal Register page
Stationary Boilers. where the document
begins].
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[FR Doc. 2026-06832 Filed 4-8-26; 8:45 am]
BILLING CODE 6560-50-P
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