Air Plan Approval; Missouri; Construction Permits By Rule, 3304-3305 [2020-00517]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 85, Number 13 (Tuesday, January 21, 2020)]
[Proposed Rules]
[Pages 3304-3305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00517]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2019-0711; FRL-10004-13-Region 7]


Air Plan Approval; Missouri; Construction Permits By Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Missouri State Implementation Plan (SIP) 
received on March 7, 2019. The submission revises a Missouri regulation 
that creates a process for exempting certain sources from construction 
permit obligations by establishing conditions under which these sources 
can construct and operate without going through the State's formal 
construction permitting process. Specifically, the revisions to the 
rule provide crematories and animal incinerators a compliance option 
and modify restrictions on what these units can incinerate, matches 
Federal sulfur limits on Number 2 diesel oil, removes ``restrictive'' 
words, adds definitions specific to the rule, and makes other minor 
edits. The revisions do not impact the stringency of the SIP or air 
quality. Approval of these revisions will ensure consistency between 
State and federally-approved rules.

DATES: Comments must be received on or before February 20, 2020.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2019-0711 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: Tracey Casburn, Environmental 
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201 
Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-
7016; 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. Have the requirements for approval of a SIP revision been met?
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2019-
0711, 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 State revised title 10, division 10 of the code of state 
regulations, 10 CSR 10-6.062 ``Construction Permits by Rule'', which 
creates a process for exempting certain sources from construction 
permit obligations by establishing conditions under which these sources 
can construct and operate without going through the State's formal 
construction permitting process. Specifically, the revisions to the 
rule provide crematories and animal incinerators a compliance option 
and modify restrictions on what these units can incinerate, matches 
Federal sulfur limits on Number 2 diesel oil, remove ``restrictive'' 
words, add definitions specific to the rule, and make other minor 
edits. 10 CSR 10-6.062 is SIP approved in the Code of Federal 
Regulations at 40 CFR 52.1320(c). The State submitted its revisions to 
10 CSR 10-6.062 to the EPA as a SIP revision on March 7, 2019. In this 
action, the EPA is proposing to approve these revisions to the Missouri 
SIP.
    The revisions do not impact air quality. The EPA's analysis of the 
revisions can be found in the technical support document (TSD) included 
in this docket.

III. 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 of the revisions from August 1, 2018, to 
October 4, 2018, and held a public hearing on September 27, 2018. The 
State received and addressed four comments from three sources, which 
includes EPA. As explained in more detail in the TSD which is part of 
this docket, the SIP revision submission meets the substantive 
requirements of the Clean Air Act (CAA), including section 110 and 
implementing regulations.

IV. What action is EPA taking?

    The EPA is proposing to amend the Missouri SIP by approving the 
State's request to revise 10 CSR 10-6.062, ``Construction Permits by 
Rule.'' Approval of these revisions will ensure consistency between 
State and federally-approved rules. The EPA has determined that these 
changes will not adversely impact air quality.
    The EPA is processing this as a proposed action because we are 
soliciting comments on the action. Final rulemaking will occur after 
consideration of any comments.

V. 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).

[[Page 3305]]

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 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, 
if 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, Construction 
permit by rule, Crematories and animal incinerators, Incorporation by 
reference, Number 2. diesel.

    Dated: January 9, 2020.
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 revising 
the entry ``10-6.062'' to read as follows:


Sec.  52.1320  Identification of plan.

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    (c) * * *

                                        EPA-Approved Missouri Regulations
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                                                   State
   Missouri  citation           Title         effective date      EPA approval date            Explanation
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                                    Missouri Department of Natural Resources
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    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
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                                                  * * * * * * *
10-6.062...............  Construction              3/30/2019  [Date of publication of
                          Permits By Rule.                     the final rule in the
                                                               Federal Register],
                                                               [Federal Register
                                                               citation of the final
                                                               rule].
 
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[FR Doc. 2020-00517 Filed 1-17-20; 8:45 am]
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