Air Plan Approval; Missouri; Revisions to Cross-State Air Pollution Rule Annual Trading Program and Rescission of Clean Air Interstate Rule, 36859-36863 [2019-16045]
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Federal Register / Vol. 84, No. 146 / Tuesday, July 30, 2019 / Proposed Rules
• 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.);
• 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);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• 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; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
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 as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides.
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Authority: 42 U.S.C. 7401 et seq.
Dated: July 17, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
[FR Doc. 2019–16052 Filed 7–29–19; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2019–0337; FRL–9996–10–
Region 7]
Air Plan Approval; Missouri; Revisions
to Cross-State Air Pollution Rule
Annual Trading Program and
Rescission of Clean Air Interstate Rule
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing approval of
revisions to the State Implementation
Plan (SIP) submitted on January 15,
2019, and two revisions on March 7,
2019, by the State of Missouri. The
January 15, 2019, revision requests EPA
remove from the Missouri Code of State
Regulations (CSR), the regulations that
established trading programs under the
Clean Air Interstate Rule (CAIR). The
EPA is proposing to act only on the
revisions to the annual nitrogen oxides
(NOX) and sulfur dioxide (SO2) trading
program. The EPA will act on the
revisions to the seasonal NOX trading
program in a separate action. The March
7, 2019, submissions revise Missouri’s
regulations related to the Cross-State Air
Pollution (CSAPR) Annual Trading
Program for SO2 and NOX, and for ozone
season NOX. Approval of these revisions
will not impact air quality and ensures
Federal enforceability of the State’s
rules. The EPA is proposing to approve
these SIP revisions in accordance with
the requirements of the Clean Air Act
(CAA).
SUMMARY:
Comments must be received on
or before August 29, 2019.
ADDRESSES: You may send comments,
identified by Docket ID No. EPA–R07–
OAR–2019–0337 to https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Instructions: All submissions received
must include the Docket ID No. for this
rulemaking. Comments received will be
posted without change to https://
www.regulations.gov, including any
personal information provided. For
detailed instructions on sending
comments and additional information
on the rulemaking process, see the
‘‘Written Comments’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Lachala Kemp, Environmental
Protection Agency, Region 7 Office, Air
Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219;
DATES:
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36859
telephone number (913) 551–7214;
email address kemp.lachala@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Written Comments
II. What is being addressed in this document?
III. Background
IV. What part 52 revision is the EPA
proposing to approve?
V. Have the requirements for approval of a
SIP revision been met?
VI. What action is the EPA taking?
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by
Docket ID No. EPA–R07–OAR–2019–
0337 at https://www.regulations.gov.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
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
https://www.epa.gov/dockets/
commenting-epa-dockets.
II. What is being addressed in this
document?
The EPA is proposing to approve
revisions to the Missouri State
Implementation Plan (SIP) that were
submitted to EPA on January 15, 2019,
and March 7, 2019.
The January 15, 2019, submission
revises Missouri’s regulations, title 10
Code of State Regulations (10 CSR) 10–
6.362 and 10–6.366 1 by rescinding and
removing these rules. The EPAadministered trading programs under
CAIR were discontinued on December
31, 2014, upon the implementation of
the Cross-State Air Pollution Rule
1 The January 15, 2019, submission also
contained a revision to 10 CSR 10–6.364. EPA is not
proposing to act on that portion of the submission
in this action. EPA will address this portion of the
submission in a separate action.
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(CSAPR), which was promulgated by
the EPA to replace CAIR. CSAPR
established Federal trading programs for
sources in multiple states, including
Missouri, that replace the CAIR state
and Federal trading programs.
Missouri submitted two revisions on
March 7, 2019. The submissions revise
Missouri’s SIP to remove unnecessary
use of restrictive language, update
incorporations by reference, add
definitions specific to the rule, and fully
adopt the CSAPR Annual Trading
Program for both SO2 and NOX into the
Missouri SIP. The revisions amend
Missouri’s regulations, 10 CSR 10–
6.372, ‘‘Cross-State Air Pollution Rule
Annual NOX Trading Allowance
Allocations’’, 10 CSR 10–6.374, ‘‘CrossState Air Pollution Rule Ozone Season
NOX Trading Allowance Allocations’’,
and 10 CSR 10–6.376, ‘‘Cross-State Air
Pollution Rule Annual SO2 Trading
Allowance Allocations,’’ which give
Missouri authority for the CSAPR
Annual Trading Programs for NOX and
SO2, and ozone season NOX Trading
Program, and provides a process to
allocate allowances to affected units in
Missouri for compliance with the NOX
and SO2 CSAPR Annual and ozone
season NOX Trading Programs.
III. Background
In 2005, the EPA promulgated CAIR
(70 FR 25162, May 12, 2005) to address
transported emissions that significantly
contributed to downwind states’
nonattainment and interfered with
maintenance of the 1997 ozone and fine
particulate matter (PM2.5) National
Ambient Air Quality Standards
(NAAQS). CAIR required 28 states,
including Missouri, to revise their SIPs
to reduce emissions of NOX and SO2,
precursors to the formation of ambient
ozone and PM2.5. Under CAIR, the EPA
provided model state rules for separate
cap-and-trade programs for annual NOX,
ozone season NOX, and annual SO2. The
annual NOX and annual SO2 trading
programs were designed to address
transported PM2.5 pollution, while the
ozone season NOX trading program was
designed to address transported ozone
pollution. The EPA also promulgated
CAIR Federal Implementation Plans
(FIPs) with CAIR Federal trading
programs that would address each
state’s CAIR requirements in the event
that a CAIR SIP for the state was not
submitted or approved (71 FR 25328,
April 28, 2006). Generally, both the
model state rules and the Federal
trading program rules applied only to
electric generating units (EGUs), but in
the case of the model state rule and
Federal trading program for ozone
season NOX emissions, each state had
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the option to submit a CAIR SIP revision
that expanded applicability to include
certain non-EGUs 2 that formerly
participated in the NOX Budget Trading
Program under the NOX SIP Call.3
Missouri submitted, and the EPA
approved, a CAIR SIP revision based on
the model state rules establishing CAIR
state trading programs for annual SO2,
annual NOX, and ozone season NOX
emissions, with certain non-EGUs
included in the state’s CAIR ozone
season NOX trading program. See 72 FR
71073 (December 14, 2007).
The United States Court of Appeals
for the District of Columbia Circuit (D.C.
Circuit) initially vacated CAIR in 2008,
but ultimately remanded the rule to EPA
without vacatur to preserve the
environmental benefits provided by
CAIR. North Carolina v. EPA, 531 F.3d
896, modified, 550 F.3d 1176 (2008).
The ruling allowed CAIR to remain in
effect temporarily until a replacement
rule consistent with the court’s opinion
was developed. While the EPA worked
on developing a replacement rule, the
CAIR program continued as planned
with the NOX annual and ozone season
programs beginning in 2009 and the SO2
annual program beginning in 2010.
On August 8, 2011 (76 FR 48208),
acting on the D.C. Circuit’s remand, the
EPA promulgated CSAPR to replace
CAIR in order to address the interstate
transport of emissions contributing to
nonattainment and interfering with
maintenance of the two air quality
standards covered by CAIR as well as
the 2006 PM2.5 NAAQS. CSAPR
required EGUs in affected states,
including Missouri, to participate in
Federal trading programs to reduce
annual SO2, annual NOX, and/or ozone
season NOX emissions. The rule also
contained provisions that would sunset
CAIR-related obligations on a schedule
coordinated with the implementation of
the CSAPR compliance requirements.
CSAPR was intended to become
effective January 1, 2012; however, the
timing of CSAPR’s implementation was
impacted by a number of court actions.
Numerous parties filed petitions for
review of CSAPR in the D.C. Circuit,
and on December 30, 2011, the D.C.
Circuit stayed CSAPR prior to its
implementation and ordered the EPA to
continue administering CAIR on an
2 These non-EGUs are generally defined in the
NOX SIP Call as stationary, fossil fuel-fired boilers,
combustion turbines, or combined cycle systems
with a maximum design heat input greater than 250
million British thermal units per hour (MMBtu/hr).
3 In October 1998, EPA finalized the ‘‘Finding of
Significant Contribution and Rulemaking for
Certain States in the Ozone Transport Assessment
Group Region for Purposes of Reducing Regional
Transport of ‘‘Ozone’’—commonly called the NOX
SIP Call. See 63 FR 57356 (October 27, 1998).
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interim basis. On August 21, 2012, the
D.C. Circuit issued its ruling, vacating
and remanding CSAPR to the EPA and
ordering continued implementation of
CAIR. EME Homer City Generation, L.P.
v. EPA, 696 F.3d 7, 38 (D.C. Cir. 2012).
The D.C. Circuit’s vacatur of CSAPR
was reversed by the United States
Supreme Court on April 29, 2014, and
the case was remanded to the D.C.
Circuit to resolve remaining issues in
accordance with the Supreme Court’s
ruling. EPA v. EME Homer City
Generation, L.P., 134 S. Ct. 1584 (2014).
On remand, the D.C. Circuit affirmed
CSAPR in most respects but remanded
certain state emissions budgets. EME
Homer City Generation, L.P. v. EPA
(EME Homer City II), 795 F.3d 118, 138
(D.C. Cir. 2015).
Throughout the initial round of D.C.
Circuit proceedings and the ensuing
Supreme Court proceedings, the stay on
CSAPR remained in place, and the EPA
continued to implement CAIR.
Following the April 2014 Supreme
Court decision, the EPA filed a motion
asking the D.C. Circuit to lift the stay in
order to allow CSAPR to replace CAIR
in an equitable and orderly manner
while further D.C. Circuit proceedings
were held to resolve remaining claims
from petitioners. Additionally, the
EPA’s motion requested delay, by three
years, of all CSAPR compliance
deadlines that had not passed as of the
approval date of the stay. On October
23, 2014, the D.C. Circuit granted EPA’s
request, and on December 3, 2014 (79
FR 71663), in an interim final rule, the
EPA set the updated effective date of
CSAPR as January 1, 2015 and delayed
the implementation of CSAPR Phase I to
2015 and CSAPR Phase 2 to 2017. In
accordance with the interim final rule,
the EPA stopped administering the
CAIR state and Federal trading programs
with respect to emissions occurring after
December 31, 2014, and the EPA began
implementing CSAPR on January 1,
2015.4
In October 2016, the EPA
promulgated the CSAPR Update (81 FR
74504, October 26, 2016) to address
interstate transport of ozone pollution
with respect to the 2008 ozone NAAQS
and issued FIPs that established or
updated ozone season NOX budgets for
22 states, including Missouri. Starting in
January 2017, the CSAPR update
budgets were implemented via
modifications to the CSAPR NOX ozone
season allowance trading program that
4 EPA solicited comment on the interim final rule
and subsequently issued a final rule affirming the
amended compliance schedule after consideration
of comments received. 81 FR 13275 (March 14,
2016).
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was established under the original
CSAPR.
As noted above, starting in January
2015, the CSAPR Federal trading
programs for annual NOX, ozone season
NOX, and annual SO2 were applicable in
Missouri. Thus, since January 1, 2015,
the EPA has not administered the CAIR
state trading programs for annual NOX,
ozone season NOX, or annual SO2
emissions established by the Missouri
regulations.
On January 15, 2019, the State of
Missouri, through the Missouri
Department of Natural Resources
(MoDNR), formally submitted a SIP
revision that requests removal from its
SIP of Missouri Code of State
Regulations including 10 CSR 10–6.362
Clean Air Interstate Rule NOX Annual
Trading Program; 10 CSR 10–6.364
Clean Air Interstate Rule NOX Ozone
Season Trading Program; and 10 CSR
10–6.366 Clean Air Interstate Rule SO2
Annual Trading Program (which
implemented the CAIR annual NOX,
ozone season NOX, and annual SO2
trading programs in Missouri.5
IV. What part 52 revision is the EPA
proposing to approve?
MoDNR’s January 15, 2019, SIP
revision requests the removal of
regulations from the Missouri SIP under
10 CSR 10–6.362 Clean Air Interstate
Rule Annual NOX Trading Program, 10
CSR 10–6.364 Clean Air Interstate Rule
Seasonal NOX Trading Program, and 10
CSR 10–6.366 Clean Air Interstate Rule
SO2 Trading Program, which
implemented the state’s CAIR annual
NOX, seasonal NOX, and SO2 trading
programs. The EPA has not
administered the trading programs
established by these regulations since
January 1, 2015, when the CSAPR
trading programs replaced the CAIR
programs, and the state CAIR
regulations have been repealed in their
entirety from the Missouri Code of State
Regulations. The amendments removing
these regulations were adopted by the
State Air Conservation Commission on
September 27, 2018.
As noted previously, the CAIR annual
NOX, seasonal NOX, and SO2 trading
programs addressed interstate transport
of emissions under the 1997 PM2.5
NAAQS and the 1997 ozone NAAQS.
The D.C. Circuit remanded CAIR to the
EPA for replacement, and in response
the EPA promulgated CSAPR which,
among other things, fully addresses
Missouri’s interstate transport obligation
under the 1997 PM2.5 NAAQS. (76 FR
5 The EPA is not proposing to act on the requested
revisions to 10 CSR 10–6.364 and will act on that
submission in a separate action.
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48208 at 76 FR 48210, August 8, 2011).
The EPA stopped administering the
CAIR trading programs after 2014 and
instead began implementing the CSAPR
trading programs in 2015.
Therefore 10–6.362 and 10–6.366 do
not play a role in addressing the
transport obligations that the state
initially adopted the rules to address:
The CAIR trading programs are no
longer being administered; the state’s
transport obligation under the 1997
PM2.5 NAAQS is now being addressed
by the CSAPR trading programs for
annual NOX and SO2.
Missouri’s CAIR trading programs for
annual NOX and SO2 were adopted only
to address Missouri’s transport
obligation under the 1997 PM2.5
NAAQS, one of the two NAAQS
underlying the EPA’s CAIR rules.
In summary, Missouri’s CAIR rules at
10 CSR 10–6.362 Clean Air Interstate
Rule Annual NOX Trading Program, and
10 CSR 10–6.366 Clean Air Interstate
Rule SO2 Trading Program no longer
play any role in addressing the transport
obligations that the rules were adopted
to address. The EPA therefore finds
Missouri’s January 15, 2019, SIP
revision requesting removal of these
CAIR rules from the SIP approvable in
accordance with section 110 of the
CAA. The public comments received on
the NPR are discussed in section III of
this proposed rulemaking notice.
The EPA is also proposing to approve
Missouri’s revisions to 10 CSR 10–
6.372, 10 CSR 10–6.374, and 10 CSR 10–
6.376. The proposed revisions to 10–
6.372 give Missouri responsibility for
the CSAPR NOX Annual Trading
Program by incorporating by reference
40 CFR 97.404 through 40 CFR 97.428
into the Missouri SIP. The monitoring
and recordkeeping provisions of the
CSAPR NOX Annual Trading Program,
40 CFR 97.430 through 40 CFR 97.435
are incorporated by reference into 10–
6.372.
Missouri has also removed the
unnecessary use of restrictive language
including the removal of the word
‘‘required’’ in sections 10–6.372
(3)(A)2.B.; 10–6.372(3)(B)D.(I); and 10–
6.372(3)(B)E. Missouri has also changed
the word ‘‘shall’’ to ‘‘will’’ in 10–
6.372(4)(B).
The proposed revisions to 10–6.374
give Missouri responsibility for the
CSAPR ozone season NOX Trading
Program by incorporating by reference
40 CFR 97.804 through 40 CFR 97.828
into the Missouri SIP. The monitoring
and recordkeeping provisions of the
CSAPR ozone season NOX Trading
Program, 40 CFR 97.830 through 40 CFR
97.835 are incorporated by reference
into 10–6.374.
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The proposed revisions to 10–6.376
give Missouri responsibility for the
CSAPR SO2 Annual Trading Program by
incorporating by reference 40 CFR
97.604 through 40 CFR 97.628 into the
Missouri SIP. The monitoring and
recordkeeping provisions of the CSAPR
NOX Annual Trading Program, 40 CFR
97.630 through 40 CFR 97.635 are
incorporated by reference into 10–6.376.
Missouri has also removed the
unnecessary use of restrictive language
including the removal of the word
‘‘required’’ in sections 10–6.376
(3)(A)2.B.; 10–6.376(3)(B)D.(I); and 10–
6.372(3)(B)E. Missouri has also changed
the word ‘‘shall’’ to ‘‘will’’ in 10–
6.376(4)(B). The revisions can be found
in the docket to this action.
The EPA is proposing to approve
these revisions to the Missouri SIP.
These revisions incorporate by reference
EPA’s CSAPR Annual NOX and SO2,
and ozone season NOX trading programs
and give Missouri the responsibility to
administer these programs. The EPA
encourages states to include such
provisions in their state SIPs. The EPA
does not believe that the language
changes to the SIP reduce the stringency
of the SIP. The EPA does not believe
these language changes will affect air
quality. Therefore, the EPA is proposing
to approve Missouri’s revisions to 10–
6.372, 10–6.374, and 10–6.376.
V. 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
the January 15, 2019, SIP revision from
June 25, 2018 through August 2, 2018
and received no comments.
The state provided public notice on
the March 7, 2019, SIP revisions from
August 24, 2018 to October 4, 2018 and
received seven comments from the EPA
during the Regulatory Impact Review.
The EPA’s comments are in the docket
for this proposed action. Missouri
amended the rule in response to the
comments and the EPA did not
comment further. In addition, as
explained above, the revision meets the
substantive SIP requirements of the
CAA, including section 110 and
implementing regulations.
VI. What action is the EPA taking?
The EPA is proposing to approve the
revisions to 10 CSR 10–6.362 and 10
CSR 10–6.366 that remove the CAIR
annual trading program rules from the
SIP. The EPA is also proposing to
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approve the revisions to 10–6.372, 10–
6.374, and 10–6.376 that incorporate by
reference the provisions of the Federal
CSAPR program for annual NOX and
SO2, and ozone season NOX and make
other wording changes.
We are processing this as a proposed
action because we are soliciting
comments on this proposed action.
Final rulemaking will occur after
consideration of any comments.
VII. 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 requirements of 1 CFR
51.5, the EPA is proposing to
incorporate by reference the Missouri
Regulations described in the proposed
amendments to 40 CFR part 52 set forth
below. The EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov 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).
Also, in this document, as described
in the proposed amendments to 40 CFR
part 52 set forth below, EPA is
proposing to remove provisions of the
EPA-Approved Missouri Regulations
and Statutes from the Missouri State
Implementation Plan, which is
incorporated by reference in accordance
with the requirements of 1 CFR part 51.
VIII. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act 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:
• 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) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• 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.);
• 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);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of the
National Technology Transfer and
Advancement Act (NTTA) because this
rulemaking does not involve technical
standards; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: July 23, 2019.
James Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the
preamble, the EPA proposes to amend
40 CFR part 52 as set forth below:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart—AA Missouri
2. In § 52.1320, the table in paragraph
(c) is amended by:
■ a. Removing entries ‘‘10–6.362’’ and
‘‘10–6.366’’;
■ b. Revising entries ‘‘10–6.372’’ and
‘‘10–6.376’’; and
■ c. Adding entry ‘‘10–6.374’’.
The revisions and addition read as
follows:
■
§ 52.1320
*
Identification of plan.
*
*
(c)* * *
*
*
EPA-APPROVED MISSOURI REGULATIONS
Missouri citation
State
effective
date
Title
EPA approval date
Explanation
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Missouri Department of Natural Resources
*
*
*
*
*
*
*
Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of
Missouri
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Federal Register / Vol. 84, No. 146 / Tuesday, July 30, 2019 / Proposed Rules
EPA-APPROVED MISSOURI REGULATIONS—Continued
State
effective
date
Missouri citation
Title
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10–6.372 ...........
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Cross-State Air Pollution Rule annual NOX Trading Allowance Allocations.
10–6.374 ...........
Cross-State Air Pollution Rule
ozone season NOX Trading Allowance Allocations.
3/30/2019
10–6.376 ...........
Cross-State Air Pollution Rule annual SO2 Trading Allowance Allocations.
3/30/2019
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[FR Doc. 2019–16045 Filed 7–29–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R09–OAR–2019–0393; FRL–9997–60–
Region 9]
Partial Approval, Partial Disapproval
and Promulgation of State Plans for
Designated Facilities and Pollutants;
California; Control of Emissions From
Existing Municipal Solid Waste
Landfills
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to partially
approve and partially disapprove a
Clean Air Act (CAA) section 111(d) plan
submitted by the California Air
Resources Board (CARB) to implement
the EPA’s Emission Guidelines and
Compliance Times for Municipal Solid
Waste Landfills (Emission Guidelines).
This state plan submittal pertains to the
regulation of landfill gas and its
components from existing municipal
solid waste (MSW) landfills. We are
partially approving the state plan
because it meets many of the
requirements of the Emission
Guidelines; however, we are partially
disapproving the state plan because it
does not fully address certain provisions
of the Emission Guidelines.
DATES: Written comments must be
received on or before August 29, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2019—0393 at https://
jspears on DSK3GMQ082PROD with PROPOSALS
SUMMARY:
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[Date of publication of the final rule
in
the
Federal
Register],
[Federal Register citation of the
final rule].
[Date of publication of the final rule
in
the
Federal
Register],
[Federal Register citation of the
final rule].
[Date of publication of the final rule
in
the
Federal
Register],
[Federal Register citation of the
final rule].
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www.regulations.gov, or via email to
buss.jeffrey@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, 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, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Buss, U.S. EPA Region IX, 75
Hawthorne Street, San Francisco, CA
94105, (415) 947–4152, buss.jeffrey@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Frm 00021
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the CAA.1 Section 111(d) of the CAA
requires the EPA to establish a
procedure for a state to submit a plan to
the EPA which (A) establishes standards
of performance for any existing source
for any air pollutant (i) for which air
quality criteria have not been issued or
which is not included on a list
published under section 108(a) or
emitted from a source category which is
regulated under section 112 but (ii) to
which a standard of performance under
section 111 would apply if such existing
source were a new source, and (B)
provides for the implementation and
enforcement of such standards of
performance. The EPA has established
requirements for state plan submittals in
40 CFR part 60, subpart B, and
established Emission Guidelines for the
control of designated pollutants 2 from
certain MSW landfills. State submittals
under CAA section 111(d) must be
consistent with the relevant emission
guidelines, in this instance 40 CFR part
60, subpart Cf, and the requirements of
40 CFR part 60, subpart B, and part 62,
subpart A.
On May 30, 2017, CARB submitted to
the EPA a section 111(d) plan for
existing MSW landfills, the ‘‘California
State Plan for Compliance with the
Federal Emission Guidelines for
Municipal Solid Waste Landfills’’
(California plan). The plan was
submitted in response to the August 29,
2016 promulgation of Federal emission
guidelines requirements for MSW
landfills, 40 CFR part 60, subpart Cf.
1 81
On August 29, 2016, the EPA
finalized Emission Guidelines and
Compliance Times for Municipal Solid
Waste Landfills in 40 CFR part 60,
subpart Cf, pursuant to section 111(d) of
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Explanation
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FR 59276 (August 29, 2016).
pollutant means any air pollutant,
the emissions of which are subject to a standard of
performance for new stationary sources, but for
which air quality criteria have not been issued and
that is not included on a list published under
section 108(a) or section 112(b)(1)(A) of the Act. 40
CFR 60.21.
2 Designated
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[Federal Register Volume 84, Number 146 (Tuesday, July 30, 2019)]
[Proposed Rules]
[Pages 36859-36863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16045]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2019-0337; FRL-9996-10-Region 7]
Air Plan Approval; Missouri; Revisions to Cross-State Air
Pollution Rule Annual Trading Program and Rescission of Clean Air
Interstate Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval of revisions to the State Implementation Plan (SIP) submitted
on January 15, 2019, and two revisions on March 7, 2019, by the State
of Missouri. The January 15, 2019, revision requests EPA remove from
the Missouri Code of State Regulations (CSR), the regulations that
established trading programs under the Clean Air Interstate Rule
(CAIR). The EPA is proposing to act only on the revisions to the annual
nitrogen oxides (NOX) and sulfur dioxide (SO2)
trading program. The EPA will act on the revisions to the seasonal
NOX trading program in a separate action. The March 7, 2019,
submissions revise Missouri's regulations related to the Cross-State
Air Pollution (CSAPR) Annual Trading Program for SO2 and
NOX, and for ozone season NOX. Approval of these
revisions will not impact air quality and ensures Federal
enforceability of the State's rules. The EPA is proposing to approve
these SIP revisions in accordance with the requirements of the Clean
Air Act (CAA).
DATES: Comments must be received on or before August 29, 2019.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2019-0337 to https://www.regulations.gov. Follow the online
instructions for submitting comments.
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received will be posted without
change to https://www.regulations.gov, including any personal
information provided. For detailed instructions on sending comments and
additional information on the rulemaking process, see the ``Written
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this
document.
FOR FURTHER INFORMATION CONTACT: Lachala Kemp, Environmental Protection
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-7214; email
address [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.
Table of Contents
I. Written Comments
II. What is being addressed in this document?
III. Background
IV. What part 52 revision is the EPA proposing to approve?
V. Have the requirements for approval of a SIP revision been met?
VI. What action is the EPA taking?
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2019-
0337 at https://www.regulations.gov. Once submitted, comments cannot be
edited or removed from Regulations.gov. 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 https://www.epa.gov/dockets/commenting-epa-dockets.
II. What is being addressed in this document?
The EPA is proposing to approve revisions to the Missouri State
Implementation Plan (SIP) that were submitted to EPA on January 15,
2019, and March 7, 2019.
The January 15, 2019, submission revises Missouri's regulations,
title 10 Code of State Regulations (10 CSR) 10-6.362 and 10-6.366 \1\
by rescinding and removing these rules. The EPA-administered trading
programs under CAIR were discontinued on December 31, 2014, upon the
implementation of the Cross-State Air Pollution Rule
[[Page 36860]]
(CSAPR), which was promulgated by the EPA to replace CAIR. CSAPR
established Federal trading programs for sources in multiple states,
including Missouri, that replace the CAIR state and Federal trading
programs.
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\1\ The January 15, 2019, submission also contained a revision
to 10 CSR 10-6.364. EPA is not proposing to act on that portion of
the submission in this action. EPA will address this portion of the
submission in a separate action.
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Missouri submitted two revisions on March 7, 2019. The submissions
revise Missouri's SIP to remove unnecessary use of restrictive
language, update incorporations by reference, add definitions specific
to the rule, and fully adopt the CSAPR Annual Trading Program for both
SO2 and NOX into the Missouri SIP. The revisions
amend Missouri's regulations, 10 CSR 10-6.372, ``Cross-State Air
Pollution Rule Annual NOX Trading Allowance Allocations'',
10 CSR 10-6.374, ``Cross-State Air Pollution Rule Ozone Season
NOX Trading Allowance Allocations'', and 10 CSR 10-6.376,
``Cross-State Air Pollution Rule Annual SO2 Trading
Allowance Allocations,'' which give Missouri authority for the CSAPR
Annual Trading Programs for NOX and SO2, and
ozone season NOX Trading Program, and provides a process to
allocate allowances to affected units in Missouri for compliance with
the NOX and SO2 CSAPR Annual and ozone season
NOX Trading Programs.
III. Background
In 2005, the EPA promulgated CAIR (70 FR 25162, May 12, 2005) to
address transported emissions that significantly contributed to
downwind states' nonattainment and interfered with maintenance of the
1997 ozone and fine particulate matter (PM2.5) National
Ambient Air Quality Standards (NAAQS). CAIR required 28 states,
including Missouri, to revise their SIPs to reduce emissions of
NOX and SO2, precursors to the formation of
ambient ozone and PM2.5. Under CAIR, the EPA provided model
state rules for separate cap-and-trade programs for annual
NOX, ozone season NOX, and annual SO2.
The annual NOX and annual SO2 trading programs
were designed to address transported PM2.5 pollution, while
the ozone season NOX trading program was designed to address
transported ozone pollution. The EPA also promulgated CAIR Federal
Implementation Plans (FIPs) with CAIR Federal trading programs that
would address each state's CAIR requirements in the event that a CAIR
SIP for the state was not submitted or approved (71 FR 25328, April 28,
2006). Generally, both the model state rules and the Federal trading
program rules applied only to electric generating units (EGUs), but in
the case of the model state rule and Federal trading program for ozone
season NOX emissions, each state had the option to submit a
CAIR SIP revision that expanded applicability to include certain non-
EGUs[thinsp]\2\ that formerly participated in the NOX Budget
Trading Program under the NOX SIP Call.\3\ Missouri
submitted, and the EPA approved, a CAIR SIP revision based on the model
state rules establishing CAIR state trading programs for annual
SO2, annual NOX, and ozone season NOX
emissions, with certain non-EGUs included in the state's CAIR ozone
season NOX trading program. See 72 FR 71073 (December 14,
2007).
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\2\ These non-EGUs are generally defined in the NOX
SIP Call as stationary, fossil fuel-fired boilers, combustion
turbines, or combined cycle systems with a maximum design heat input
greater than 250 million British thermal units per hour (MMBtu/hr).
\3\ In October 1998, EPA finalized the ``Finding of Significant
Contribution and Rulemaking for Certain States in the Ozone
Transport Assessment Group Region for Purposes of Reducing Regional
Transport of ``Ozone''--commonly called the NOX SIP Call.
See 63 FR 57356 (October 27, 1998).
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The United States Court of Appeals for the District of Columbia
Circuit (D.C. Circuit) initially vacated CAIR in 2008, but ultimately
remanded the rule to EPA without vacatur to preserve the environmental
benefits provided by CAIR. North Carolina v. EPA, 531 F.3d 896,
modified, 550 F.3d 1176 (2008). The ruling allowed CAIR to remain in
effect temporarily until a replacement rule consistent with the court's
opinion was developed. While the EPA worked on developing a replacement
rule, the CAIR program continued as planned with the NOX
annual and ozone season programs beginning in 2009 and the
SO2 annual program beginning in 2010.
On August 8, 2011 (76 FR 48208), acting on the D.C. Circuit's
remand, the EPA promulgated CSAPR to replace CAIR in order to address
the interstate transport of emissions contributing to nonattainment and
interfering with maintenance of the two air quality standards covered
by CAIR as well as the 2006 PM2.5 NAAQS. CSAPR required EGUs
in affected states, including Missouri, to participate in Federal
trading programs to reduce annual SO2, annual
NOX, and/or ozone season NOX emissions. The rule
also contained provisions that would sunset CAIR-related obligations on
a schedule coordinated with the implementation of the CSAPR compliance
requirements. CSAPR was intended to become effective January 1, 2012;
however, the timing of CSAPR's implementation was impacted by a number
of court actions.
Numerous parties filed petitions for review of CSAPR in the D.C.
Circuit, and on December 30, 2011, the D.C. Circuit stayed CSAPR prior
to its implementation and ordered the EPA to continue administering
CAIR on an interim basis. On August 21, 2012, the D.C. Circuit issued
its ruling, vacating and remanding CSAPR to the EPA and ordering
continued implementation of CAIR. EME Homer City Generation, L.P. v.
EPA, 696 F.3d 7, 38 (D.C. Cir. 2012). The D.C. Circuit's vacatur of
CSAPR was reversed by the United States Supreme Court on April 29,
2014, and the case was remanded to the D.C. Circuit to resolve
remaining issues in accordance with the Supreme Court's ruling. EPA v.
EME Homer City Generation, L.P., 134 S. Ct. 1584 (2014). On remand, the
D.C. Circuit affirmed CSAPR in most respects but remanded certain state
emissions budgets. EME Homer City Generation, L.P. v. EPA (EME Homer
City II), 795 F.3d 118, 138 (D.C. Cir. 2015).
Throughout the initial round of D.C. Circuit proceedings and the
ensuing Supreme Court proceedings, the stay on CSAPR remained in place,
and the EPA continued to implement CAIR. Following the April 2014
Supreme Court decision, the EPA filed a motion asking the D.C. Circuit
to lift the stay in order to allow CSAPR to replace CAIR in an
equitable and orderly manner while further D.C. Circuit proceedings
were held to resolve remaining claims from petitioners. Additionally,
the EPA's motion requested delay, by three years, of all CSAPR
compliance deadlines that had not passed as of the approval date of the
stay. On October 23, 2014, the D.C. Circuit granted EPA's request, and
on December 3, 2014 (79 FR 71663), in an interim final rule, the EPA
set the updated effective date of CSAPR as January 1, 2015 and delayed
the implementation of CSAPR Phase I to 2015 and CSAPR Phase 2 to 2017.
In accordance with the interim final rule, the EPA stopped
administering the CAIR state and Federal trading programs with respect
to emissions occurring after December 31, 2014, and the EPA began
implementing CSAPR on January 1, 2015.\4\
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\4\ EPA solicited comment on the interim final rule and
subsequently issued a final rule affirming the amended compliance
schedule after consideration of comments received. 81 FR 13275
(March 14, 2016).
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In October 2016, the EPA promulgated the CSAPR Update (81 FR 74504,
October 26, 2016) to address interstate transport of ozone pollution
with respect to the 2008 ozone NAAQS and issued FIPs that established
or updated ozone season NOX budgets for 22 states, including
Missouri. Starting in January 2017, the CSAPR update budgets were
implemented via modifications to the CSAPR NOX ozone season
allowance trading program that
[[Page 36861]]
was established under the original CSAPR.
As noted above, starting in January 2015, the CSAPR Federal trading
programs for annual NOX, ozone season NOX, and
annual SO2 were applicable in Missouri. Thus, since January
1, 2015, the EPA has not administered the CAIR state trading programs
for annual NOX, ozone season NOX, or annual
SO2 emissions established by the Missouri regulations.
On January 15, 2019, the State of Missouri, through the Missouri
Department of Natural Resources (MoDNR), formally submitted a SIP
revision that requests removal from its SIP of Missouri Code of State
Regulations including 10 CSR 10-6.362 Clean Air Interstate Rule
NOX Annual Trading Program; 10 CSR 10-6.364 Clean Air
Interstate Rule NOX Ozone Season Trading Program; and 10 CSR
10-6.366 Clean Air Interstate Rule SO2 Annual Trading
Program (which implemented the CAIR annual NOX, ozone season
NOX, and annual SO2 trading programs in
Missouri.\5\
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\5\ The EPA is not proposing to act on the requested revisions
to 10 CSR 10-6.364 and will act on that submission in a separate
action.
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IV. What part 52 revision is the EPA proposing to approve?
MoDNR's January 15, 2019, SIP revision requests the removal of
regulations from the Missouri SIP under 10 CSR 10-6.362 Clean Air
Interstate Rule Annual NOX Trading Program, 10 CSR 10-6.364
Clean Air Interstate Rule Seasonal NOX Trading Program, and
10 CSR 10-6.366 Clean Air Interstate Rule SO2 Trading
Program, which implemented the state's CAIR annual NOX,
seasonal NOX, and SO2 trading programs. The EPA
has not administered the trading programs established by these
regulations since January 1, 2015, when the CSAPR trading programs
replaced the CAIR programs, and the state CAIR regulations have been
repealed in their entirety from the Missouri Code of State Regulations.
The amendments removing these regulations were adopted by the State Air
Conservation Commission on September 27, 2018.
As noted previously, the CAIR annual NOX, seasonal
NOX, and SO2 trading programs addressed
interstate transport of emissions under the 1997 PM2.5 NAAQS
and the 1997 ozone NAAQS. The D.C. Circuit remanded CAIR to the EPA for
replacement, and in response the EPA promulgated CSAPR which, among
other things, fully addresses Missouri's interstate transport
obligation under the 1997 PM2.5 NAAQS. (76 FR 48208 at 76 FR
48210, August 8, 2011). The EPA stopped administering the CAIR trading
programs after 2014 and instead began implementing the CSAPR trading
programs in 2015.
Therefore 10-6.362 and 10-6.366 do not play a role in addressing
the transport obligations that the state initially adopted the rules to
address: The CAIR trading programs are no longer being administered;
the state's transport obligation under the 1997 PM2.5 NAAQS
is now being addressed by the CSAPR trading programs for annual
NOX and SO2.
Missouri's CAIR trading programs for annual NOX and
SO2 were adopted only to address Missouri's transport
obligation under the 1997 PM2.5 NAAQS, one of the two NAAQS
underlying the EPA's CAIR rules.
In summary, Missouri's CAIR rules at 10 CSR 10-6.362 Clean Air
Interstate Rule Annual NOX Trading Program, and 10 CSR 10-
6.366 Clean Air Interstate Rule SO2 Trading Program no
longer play any role in addressing the transport obligations that the
rules were adopted to address. The EPA therefore finds Missouri's
January 15, 2019, SIP revision requesting removal of these CAIR rules
from the SIP approvable in accordance with section 110 of the CAA. The
public comments received on the NPR are discussed in section III of
this proposed rulemaking notice.
The EPA is also proposing to approve Missouri's revisions to 10 CSR
10-6.372, 10 CSR 10-6.374, and 10 CSR 10-6.376. The proposed revisions
to 10-6.372 give Missouri responsibility for the CSAPR NOX
Annual Trading Program by incorporating by reference 40 CFR 97.404
through 40 CFR 97.428 into the Missouri SIP. The monitoring and
recordkeeping provisions of the CSAPR NOX Annual Trading
Program, 40 CFR 97.430 through 40 CFR 97.435 are incorporated by
reference into 10-6.372.
Missouri has also removed the unnecessary use of restrictive
language including the removal of the word ``required'' in sections 10-
6.372 (3)(A)2.B.; 10-6.372(3)(B)D.(I); and 10-6.372(3)(B)E. Missouri
has also changed the word ``shall'' to ``will'' in 10-6.372(4)(B).
The proposed revisions to 10-6.374 give Missouri responsibility for
the CSAPR ozone season NOX Trading Program by incorporating
by reference 40 CFR 97.804 through 40 CFR 97.828 into the Missouri SIP.
The monitoring and recordkeeping provisions of the CSAPR ozone season
NOX Trading Program, 40 CFR 97.830 through 40 CFR 97.835 are
incorporated by reference into 10-6.374.
The proposed revisions to 10-6.376 give Missouri responsibility for
the CSAPR SO2 Annual Trading Program by incorporating by
reference 40 CFR 97.604 through 40 CFR 97.628 into the Missouri SIP.
The monitoring and recordkeeping provisions of the CSAPR NOX
Annual Trading Program, 40 CFR 97.630 through 40 CFR 97.635 are
incorporated by reference into 10-6.376.
Missouri has also removed the unnecessary use of restrictive
language including the removal of the word ``required'' in sections 10-
6.376 (3)(A)2.B.; 10-6.376(3)(B)D.(I); and 10-6.372(3)(B)E. Missouri
has also changed the word ``shall'' to ``will'' in 10-6.376(4)(B). The
revisions can be found in the docket to this action.
The EPA is proposing to approve these revisions to the Missouri
SIP. These revisions incorporate by reference EPA's CSAPR Annual
NOX and SO2, and ozone season NOX
trading programs and give Missouri the responsibility to administer
these programs. The EPA encourages states to include such provisions in
their state SIPs. The EPA does not believe that the language changes to
the SIP reduce the stringency of the SIP. The EPA does not believe
these language changes will affect air quality. Therefore, the EPA is
proposing to approve Missouri's revisions to 10-6.372, 10-6.374, and
10-6.376.
V. 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 the January 15, 2019, SIP
revision from June 25, 2018 through August 2, 2018 and received no
comments.
The state provided public notice on the March 7, 2019, SIP
revisions from August 24, 2018 to October 4, 2018 and received seven
comments from the EPA during the Regulatory Impact Review. The EPA's
comments are in the docket for this proposed action. Missouri amended
the rule in response to the comments and the EPA did not comment
further. In addition, as explained above, the revision meets the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations.
VI. What action is the EPA taking?
The EPA is proposing to approve the revisions to 10 CSR 10-6.362
and 10 CSR 10-6.366 that remove the CAIR annual trading program rules
from the SIP. The EPA is also proposing to
[[Page 36862]]
approve the revisions to 10-6.372, 10-6.374, and 10-6.376 that
incorporate by reference the provisions of the Federal CSAPR program
for annual NOX and SO2, and ozone season
NOX and make other wording changes.
We are processing this as a proposed action because we are
soliciting comments on this proposed action. Final rulemaking will
occur after consideration of any comments.
VII. 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 requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference the Missouri Regulations described in the
proposed amendments to 40 CFR part 52 set forth below. The EPA has
made, and will continue to make, these materials generally available
through www.regulations.gov 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).
Also, in this document, as described in the proposed amendments to
40 CFR part 52 set forth below, EPA is proposing to remove provisions
of the EPA-Approved Missouri Regulations and Statutes from the Missouri
State Implementation Plan, which is incorporated by reference in
accordance with the requirements of 1 CFR part 51.
VIII. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act 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:
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) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
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.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: July 23, 2019.
James Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA proposes to amend
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
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2. In Sec. 52.1320, the table in paragraph (c) is amended by:
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a. Removing entries ``10-6.362'' and ``10-6.366'';
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b. Revising entries ``10-6.372'' and ``10-6.376''; and
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c. Adding entry ``10-6.374''.
The revisions and addition read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c)* * *
EPA-Approved Missouri Regulations
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State
Missouri citation Title effective EPA approval date Explanation
date
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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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[[Page 36863]]
* * * * * * *
10-6.372................... Cross-State Air 3/30/2019 [Date of publication
Pollution Rule annual of the final rule in
NOX Trading Allowance the Federal
Allocations. Register], [Federal
Register citation of
the final rule].
10-6.374................... Cross-State Air 3/30/2019 [Date of publication
Pollution Rule ozone of the final rule in
season NOX Trading the Federal
Allowance Allocations. Register], [Federal
Register citation of
the final rule].
10-6.376................... Cross-State Air 3/30/2019 [Date of publication
Pollution Rule annual of the final rule in
SO2 Trading Allowance the Federal
Allocations. Register], [Federal
Register citation of
the final rule].
* * * * * * *
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* * * * *
[FR Doc. 2019-16045 Filed 7-29-19; 8:45 am]
BILLING CODE 6560-50-P
