Rule2026-07884
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
April 23, 2026
Effective
May 26, 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) 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. The EPA is correcting the state effective date in table C from the original proposal. These revisions do not interfere with the State's ability to attain or maintain the National Ambient Air Quality Standards (NAAQS), reasonable further progress (RFP) or other Clean Air Act (CAA) requirements. The EPA's final approval of this rule revision is being done in accordance with the requirements of the CAA.
Full Text
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<title>Federal Register, Volume 91 Issue 78 (Thursday, April 23, 2026)</title>
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[Federal Register Volume 91, Number 78 (Thursday, April 23, 2026)]
[Rules and Regulations]
[Pages 21724-21725]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-07884]
[[Page 21724]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2025-3161; FRL-13099-02-R7]
Air Plan Approval; Missouri; Construction Permits Required
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) 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.
The EPA is correcting the state effective date in table C from the
original proposal. These revisions do not interfere with the State's
ability to attain or maintain the National Ambient Air Quality
Standards (NAAQS), reasonable further progress (RFP) or other Clean Air
Act (CAA) requirements. The EPA's final approval of this rule revision
is being done in accordance with the requirements of the CAA.
DATES: This final rule is effective on May 26, 2026.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2025-3161. 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#076575687069297473627162694762776629606871"><span class="__cf_email__" data-cfemail="2446564b534a0a57504152414a644154450a434b52">[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, 10-6.060
``Construction Permits Required,'' submitted to the EPA on March 19,
2025. The purpose of the state regulation is to define sources required
to obtain permits to construct, and to establish 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; the removal
of subsection (1)(B) from the state rule, which provided the ability
for facilities to apply for and receive voluntary permits but was never
approved in the SIP; and various wording changes that are
administrative in nature. The EPA is correcting the state effective
date in table C from the original proposal. The state effective date is
February 28, 2025. The EPA finds that these revisions meet the
requirements of the CAA and do not impact the State's ability to attain
or maintain the National Ambient Air Quality Standards. The full text
of the rule revisions can be found in the red-line strikeout section of
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 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 10-6.060. The revision meets 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 January
8, 2026, the date of its publication in the Federal Register and closed
on February 9, 2026 (91 FR 652). 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 revisions to Title 10, Division 10 of the Code of
State Regulations (CSR), 10 CSR 10-6.060 ``Construction Permits
Required.'' This final action approves these amendments as part of the
SIP. The EPA has determined that these changes meet the requirements of
the CAA and will not adversely impact air quality or interfere with the
State's ability to maintain the National Ambient Air Quality Standards,
reasonable further progress, or other CAA requirements.
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 10-6.060 discussed in section I. of this preamble
and as set forth below in the amendments to 40 CFR part 52. The purpose
of the state regulation is to define sources required to obtain permits
to construct and to establish 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 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
[[Page 21725]]
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 June 22, 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: April 10, 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
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 EPA approval
Missouri citation Title effective date 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 Permits 2/28/2025 4/23/2026, 91 FR Section 9,
Required [insert Federal pertaining to
Register page hazardous air
where the pollutants, is
document not SIP
begins]. approved.
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[FR Doc. 2026-07884 Filed 4-22-26; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on April 23, 2026.
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