Air Plan Approval; Missouri; Construction Permit Exemptions

Issuing agencies

Abstract

The U.S. Environmental Protection Agency (EPA) is approving revisions to the Missouri State Implementation Plan (SIP) received on February 10, 2026. The submission revises Missouri's regulation on construction permit exemptions in its Minor New Source Review (NSR) program. These revisions refine exemptions for emergency generators, update references to other rules, and update recordkeeping requirements. 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 194 (Thursday, October 8, 2026)</title>
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[Federal Register Volume 91, Number 194 (Thursday, October 8, 2026)]
[Rules and Regulations]
[Pages 64295-64297]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20634]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2026-5182; FRL-13486-02-R7]


Air Plan Approval; Missouri; Construction Permit Exemptions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is approving 
revisions to the Missouri State Implementation Plan (SIP) received on 
February 10, 2026. The submission revises Missouri's regulation on 
construction permit exemptions in its Minor New Source Review (NSR) 
program. These revisions refine exemptions for emergency generators, 
update references to other rules, and update recordkeeping 
requirements. 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 rule is effective November 9, 2026.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2026-5182. 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: William Stone, Environmental 
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201 
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7714; email address: <a href="/cdn-cgi/l/email-protection#bdcec9d2d3d893cad4d1d1d4dcd0fdd8cddc93dad2cb"><span class="__cf_email__" data-cfemail="9ae9eef5f4ffb4edf3f6f6f3fbf7daffeafbb4fdf5ec">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to the EPA. We use multiple abbreviations and terms in 
this rule. While this list may not be exhaustive, for ease of reading 
and for reference purposes, the EPA defines the following terms and 
acronyms here:

CAA Clean Air Act
CBI Confidential Business Information
CFR Code of Federal Regulations
CSR Missouri Code of State Regulations
EPA U.S. Environmental Protection Agency
FR Federal Register
NSR New Source Review
SIP State Implementation Plan
TSD Technical Support Document
U.S.C. United States Code

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, Title 10, 
Division 10 of the Missouri Code of State Regulations (CSR), 10 CSR 10-
6.061 ``Construction Permit Exemptions.'' The purpose of the state 
regulation is to list specific construction or modification projects 
that are exempt from the requirement to obtain permits to construct 
under 10 CSR 10-6.060. Missouri's rule revisions are detailed in the 
EPA's notice of proposed rulemaking, published on July 30, 2026.\1\ 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 (NAAQS). The full text of the rule 
revisions as well as the EPA's analysis of the revisions can be found 
in the technical support document (TSD) included in this docket.
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    \1\ 91 FR 48032 (July 30, 2026).
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II. Have the requirements for approval of a SIP revision been met?

    The State's submission has met the public notice requirements for 
SIP

[[Page 64296]]

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 June 16, 2025, 
to August 7, 2025, and held a public hearing on July 31, 2025. Missouri 
received no comments.
    In addition, as explained in the notice of proposed rulemaking and 
in more detail in the TSD, which is part of this docket, the revisions 
meet the substantive SIP requirements of the CAA, including section 110 
and implementing regulations. The EPA concludes that in accordance with 
CAA section 110(l), the revisions to 10 CSR 10-6.061 will not interfere 
with any applicable requirement concerning attainment, reasonable 
further progress, or any other applicable requirement of the CAA.

III. The EPA's Response to Comments

    The public comment period on the EPA's proposed rule opened July 
30, 2026, the date of its publication in the Federal Register, and 
closed on August 31, 2026. During this period, the EPA received two 
anonymous comments.
    Comment 1: The commenter urged EPA to ensure that the SIP revision 
does not lead to backsliding in air quality or undermine ozone and 
particulate matter attainment in Missouri. The commenter also requested 
that recordkeeping requirements for exempt sources remain clear, 
transparent, and publicly accessible so that exemptions do not create 
loopholes. The commenter stated that, while administrative updates and 
clarification of minor equipment categories may be appropriate, they 
should not compromise the integrity or enforceability of the CAA.
    Response: As stated in the proposal and TSD available in the docket 
to this action, the revisions that EPA is approving into Missouri's SIP 
clarify recordkeeping requirements and refine construction permit 
exemptions in addition to updating cross-references to other rules. The 
revisions to the rule do not add additional exemptions to construction 
permitting requirements in Missouri's SIP. For the reasons discussed 
below, the EPA finds that the revisions do not negatively impact air 
quality and do not constitute backsliding.
    The revisions to the recordkeeping requirements in 10 CSR 10-6.061 
were clarified to remove language that could cause confusion to the 
regulated community and to the public and to add additional clarifying 
language. The recordkeeping requirements continue to require owners and 
operators to maintain records that demonstrate compliance with 
construction permit exemptions and require a demonstration that actual 
emissions remain below the thresholds in the rule.
    The revisions to 10 CSR 10-6.061 also refine exemptions for 
emergency generators by adding additional criteria that the source must 
meet to qualify for the exemption and narrow the applicability of the 
exemption for sources that operate more than one emergency generator. 
In addition, the revisions to the rule remove language that could be 
interpreted to allow lead emissions associated with construction or 
modification of a source to be excluded from the 876 lb/year cap and 
strengthens the lead compound permit exemption threshold. Because the 
EPA concludes that the revisions to 10 CSR 10-6.061 strengthen 
exemptions in Missouri's SIP and clarify language in the rule related 
to recordkeeping and other requirements of the rule, the EPA finds that 
these revisions meet the requirements of the CAA, do not interfere with 
any applicable requirement concerning attainment and reasonable further 
progress, and do not adversely impact air quality, in accordance CAA 
section 110(l) (42 U.S.C. 7410(l)).
    Comment 2: The commenter states that the EPA should not exempt 
Missouri from cleaning up its air, and must delete any exemptions, 
loopholes or ``excuses for polluters'' from the SIP.
    Response: To the extent that this comment expresses a general 
concern with the revision to the construction permit exemptions 
addressed in the proposal and TSD available in the docket to this 
action, the commenter is directed to the EPA's response to Comment 1 
above. The remainder of the comment regarding the deletion of 
loopholes, exemptions and ``excuses for polluters'' does not raise a 
relevant, material objection with specificity that would constitute a 
significant comment requiring a response. See 5 U.S.C. 553(c); 42 
U.S.C. 7607(d)(6)(B).

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 10 CSR 10-6.061 ``Construction 
Permit Exemptions.'' This final action approves these amendments as 
part of the SIP.

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 10-6.061 discussed in section I. of this preamble 
and as set forth below in the amendments to 40 CFR part 52. The rule 
lists specific construction or modification projects that are exempt 
from the requirement to obtain permits to construct under 10 CSR 10-
6.060. 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 CAA sections 110 
and 113 as of the effective date 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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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, Oct. 4, 1993);
    <bullet> Is not an Executive Order 14192 (90 FR 9065, Feb. 6, 2025) 
regulatory action because this action is not significant 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

[[Page 64297]]

Order 13132 (64 FR 43255, Aug. 10, 1999);
    <bullet> Is not subject to Executive Order 13045 (62 FR 19885, Apr. 
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.\3\
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    \3\ 65 FR 67249 (Nov. 9, 2000).
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    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 CAA section 307(b)(1), petitions for judicial review of this 
action must be filed in the United States Court of Appeals for the 
appropriate circuit by December 7, 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: September 28, 2026.
James Macy,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA amends 40 CFR part 
52 as follows:

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 ``10-6.061'' to read as follows:


Sec.  52.1320   Identification of plan.

* * * * *
    (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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                                                  * * * * * * *
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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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                                                  * * * * * * *
10-6.061...................  Construction Permit         1/30/2026  10/8/2026, 91 FR       Sections (3)(A)2.D.
                              Exemptions.                            [insert Federal        and
                                                                     Register page where    (3)(A)2.E.(II)(c)
                                                                     the document begins].  are not SIP-
                                                                                            approved.
 
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[FR Doc. 2026-20634 Filed 10-7-26; 8:45 am]
BILLING CODE 6560-50-P


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