Rule2026-08348
Approval of Missouri's Request for Partial Program Delegation of Clean Air Act 112(r) Prevention of Accidental Release Program
Primary source
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Published
April 29, 2026
Effective
May 29, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve the Missouri Department of Natural Resource's (MoDNR's) request for delegation of a partial Clean Air Act (CAA) Risk Management Program (RMP) for agricultural anhydrous ammonia facilities in the State of Missouri. The EPA retains authority for any anhydrous ammonia that does not meet the definition of agricultural anhydrous ammonia at these facilities, the RMP for all other regulated chemicals that may be present at these facilities, and for the RMP generally in Missouri for all other facilities.
Full Text
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<title>Federal Register, Volume 91 Issue 82 (Wednesday, April 29, 2026)</title>
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[Federal Register Volume 91, Number 82 (Wednesday, April 29, 2026)]
[Rules and Regulations]
[Pages 23015-23017]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08348]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-R07-OAR-2026-0497; FRL-13206-02-R7]
Approval of Missouri's Request for Partial Program Delegation of
Clean Air Act 112(r) Prevention of Accidental Release Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve the Missouri Department of Natural Resource's
(MoDNR's) request for delegation of a partial Clean Air Act (CAA) Risk
Management Program (RMP) for agricultural anhydrous ammonia facilities
in the State of Missouri. The EPA retains authority for any anhydrous
ammonia that does not meet the definition of agricultural anhydrous
ammonia at these facilities, the RMP for all other regulated chemicals
that may be present at these facilities, and for the RMP generally in
Missouri for all other facilities.
DATES: This final rule is effective on May 29, 2026. The incorporation
by reference of certain material listed in this rule is approved by the
Director of the Federal Register as of May 29, 2026.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2026-0497. 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, e.g.,
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 electronically through <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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#791e181515101a12571a110b100a0d101718391c0918571e160f"><span class="__cf_email__" data-cfemail="f790969b9b9e949cd9949f859e84839e9996b7928796d9909881">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. What is the authority for delegation?
III. What criteria for approval did Missouri meet?
IV. What is being delegated?
V. Response to Comments
VI. Final Action
VII. Incorporation by Reference
VIII. 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)
K. Congressional Review Act
I. Background
On October 6, 9, and 27, 2025, the MoDNR, on behalf of the State of
Missouri, submitted a request for partial delegation of the 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 (``agricultural anhydrous ammonia
facilities''), as defined in state regulation at 10 Code of State
Regulations (CSR) 10-6.255(2)(B). Included within this request for
partial delegation are regulations under Missouri CSR 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 (10 CSR 10-6.255),
effective February 28, 2025.
The EPA proposed to approve Missouri's request for delegation of
authority to implement and enforce a partial RMP for agricultural
anhydrous ammonia facilities on February 26, 2026 (91 FR 9523).
Specifically, the EPA proposed to approve the request as satisfying the
relevant criteria of 40 CFR
[[Page 23016]]
63.91, 63.93, and 63.95, and therefore meeting the approval
requirements of CAA section 112(l). In addition, the EPA proposed to
approve, and to incorporate by reference into 40 CFR part 63, MoDNR
regulation 10 CSR 10-6.255. These state regulations took effect on
February 28, 2025.
The EPA accepted comments on this proposal from February 26, 2026,
through March 30, 2026.
II. What is the authority for delegation?
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.
III. What criteria for approval did Missouri meet?
The criteria that must be demonstrated by a State to receive
approval of a program are set forth in section 112(l)(5) of the CAA and
40 CFR 63.91(a), and a State seeking approval of State rules
implementing part 68 must also satisfy requirements under 40 CFR 63.95
to obtain delegation of a section 112 program.
When a State adopts federal rules with changes, as here, 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).
After a thorough review, as described in detail in our proposed
approval of Missouri's partial delegation request, of the pertinent
statutes and regulations, and public notice of the proposed delegation,
Region 7 found that Missouri had satisfied the criteria in 40 CFR
63.91, 63.93 and 63.95 by demonstrating it has adequate and effective
authorities, resources, and procedures in place for implementation and
enforcement of agricultural anhydrous ammonia facilities subject to the
RMP and that the State's two changes to the federal rule were no less
stringent than the applicability criteria and program requirements of
40 CFR part 68.
IV. What is being delegated?
As approved, Missouri has the primary authority and responsibility
to carry out elements of the RMP for agricultural anhydrous ammonia
facilities within the State, including on-site inspections,
recordkeeping reviews, audits, compliance assistance and outreach, and
enforcement. The EPA will retain the RMP for all other regulated
chemicals that may be present at these facilities and any anhydrous
ammonia that does not meet the definition of agricultural anhydrous
ammonia. See 40 CFR 68.130. These responsibilities are outlined in a
Memorandum of Understanding signed by the MoDNR and the EPA, which
describes how the agencies plan to coordinate their program functions.
In instances where there is a conflict between a MoDNR
interpretation and a Federal interpretation of applicable regulations
in 40 CFR part 68, the Federal interpretation must be applied if it is
more stringent than that of the MoDNR. The Administrator retains the
specific authorities under 40 CFR 68.120 regarding the petition process
for modifying the list of regulated substances identified in table 2 of
40 CFR 68.130. Although the MoDNR has primary authority and
responsibility to implement and enforce the chemical accident
prevention provisions for agricultural anhydrous ammonia, 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.
V. Response to Comments
We received four comments in support of the proposed approval of
MoDNR's request for delegation. The comments are posted to the docket
(EPA R07-OAR-2026-0497). We thank the commenters for their input and
acknowledge their participation in the process. Since these comments
are not adverse to the specific action with the EPA proposed, the EPA
will not be responding further to these comments or making any changes
to the proposed rulemaking.
VI. Final Action
The EPA is approving MoDNR's request for delegation of authority to
implement and enforce a partial RMP for agricultural anhydrous ammonia
facilities in Missouri as defined by 10 CSR 10-6.255(2)(C).
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 out in 40 CFR
63.96(b).
VII. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference of MoDNR regulation 10 CSR 10-
6.255, ``Chemical Accident Prevention for Agricultural Anhydrous
Ammonia'' with an effective date of February 28, 2025, as discussed in
section I. of this preamble. These regulatory provisions adopted the
requirements of 40 CFR part 68 and specifically apply only to
agricultural anhydrous ammonia facilities, as that term is defined in
10 CSR 10-6.255(2)(C). They require a stationary source facility that
uses, stores, or sells agricultural anhydrous ammonia that meets the
threshold quantity of 10,000 pounds to comply with the RMP provisions
of 40 CFR part 68. 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 40 CFR part 63, have been incorporated by reference by
the EPA in 40 CFR 63.14(n)(11), and are fully federally enforceable
under sections 112 and 113 of the CAA as of the effective date of the
final rule of the EPA's approval.
VIII. Statutory and Executive Orders Reviews
Under the CAA, the Regional Administrator has the authority to
approve section 112(l) submissions that comply with the provisions of
the CAA 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.
[[Page 23017]]
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.
In addition, this action 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).
K. Congressional Review Act
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 29, 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 63
Environmental protection, Air pollution control, Chemicals,
Hazardous substances, Incorporation by reference, Intergovernmental
relations, Risk management program.
Dated: April 21, 2026.
James Macy,
Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA amends 40 CFR part 63
as set forth below:
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)(11) to read as
follows:
Sec. 63.14 Incorporations by reference.
* * * * *
(n) * * *
(11) Missouri Department of Natural Resources regulations, 10 CSR
10-6.255, Chemical Accident Prevention for Agricultural Anhydrous
Ammonia, effective 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, see 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. 2026-08348 Filed 4-28-26; 8:45 am]
BILLING CODE 6560-50-P
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