Air Plan Approval; Missouri; Restriction of Emission of Lead From Specific Lead Smelter-Refinery Installations, 57698-57700 [2020-19415]
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57698
Federal Register / Vol. 85, No. 180 / Wednesday, September 16, 2020 / Rules and Regulations
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[FR Doc. 2020–17790 Filed 9–15–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–R07–OAR–2020–0256; FRL–10014–
22–Region 7]
Air Plan Approval; Missouri;
Restriction of Emission of Lead From
Specific Lead Smelter-Refinery
Installations
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by Missouri on February 5,
2019. Missouri requested that EPA
revise its approved plan which restricts
emission of lead from specific lead
smelter-refinery installations. The
revisions remove emission restrictions
for a facility that is no longer operating,
update a reference to the Federal
National Emissions Standard for
Hazardous Air Pollutants (NESHAP) for
secondary lead smelters, and update
incorporation by reference to testing
methods. Minor editorial revisions have
also been made for clarity. The EPA’s
approval of this rule revision is being
done in accordance with the
requirements of the Clean Air Act
(CAA).
SUMMARY:
This final rule is effective on
October 16, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2020–0256. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., 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 https://
www.regulations.gov or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional information.
FOR FURTHER INFORMATION CONTACT:
Robert F. Webber, Environmental
Protection Agency, Region 7 Office, Air
Permitting and Standards Branch, 11201
Renner Boulevard, Lenexa, Kansas
DATES:
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SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
III. The EPA’s Response to Comments
The public comment period on the
EPA’s proposed rule opened June 1,
2020, the date of its publication in the
Federal Register and closed on July 1,
2020. During this period, the EPA
received one adverse comment.
Comment: The Commenter expresses
opposition to EPA approving Missouri’s
requested revisions. The commenter
expresses concern that the revisions
could potentially eliminate or delay
regulatory protections if a new facility
comes in or the former Herculaneum
primary lead smelter refinery reopens.
In addition, the commenter states that
‘‘the removal of a numeric emission
limit for Doe Run now makes the rule
unenforceable’’ and refers to Doe Run’s
comment concerning the numerical
limit during Missouri’s public comment
process.
Response: The EPA finds that removal
of the emission limits in Table 1 of 10
CSR 10–6.120, which were solely
applicable to Doe Run’s Herculaneum
facility, is appropriate because the
limits in the table are less stringent than
the limits in the state’s attainment plan
and supporting Consent Judgment for
the 2008 Lead National Ambient Air
Quality Standards (NAAQS). The EPA’s
approval of the state’s attainment plan
for the 2008 Lead NAAQS was effective
on November 19, 2014. See 79 FR
62572. Missouri’s removal of the
emissions limitations from Table 1 of 10
CSR 10–6.120 does not affect the
enforceability of the state’s more
stringent attainment plan and the
emission limits necessary to meet the
2008 Lead NAAQS.
As stated in the TSD for this action,
the Herculaneum primary lead smelter
ceased lead smelting operations on
December 13, 2013 as required by a
Consent Decree.1 Doe Run’s current and
future operation of the facility is
governed by the Consent Decree, which
is federally enforceable, and the Consent
Judgment, which has been approved
into the Missouri SIP and is also
federally enforceable. If a new company
were to reopen the former primary lead
smelter, it would be subject to the
requirements of the Consent Decree,
federal regulations such as the New
Source Performance Standards for
Primary Lead Smelters at 40 CFR part
60, subpart R, and the National
Emission Standards for Hazardous Air
Jkt 250001
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?
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
16:31 Sep 15, 2020
meets the substantive SIP requirements
of the CAA, including section 110 and
implementing regulations.
Table of Contents
40 CFR Part 52
VerDate Sep<11>2014
66219; telephone number: (913) 551–
7251; email address: webber.robert@
epa.gov.
The EPA is approving revisions to 10
Code of State Regulation (CSR) 10–
6.120, Restriction of Emissions of Lead
From Specific Lead Smelter-Refinery
Installations, in the Missouri SIP. The
EPA received the Missouri Department
of Natural Resources’ (MoDNR) SIP
revision submission on February 15,
2019. The revisions are described in
detail in the technical support
document (TSD) included in the docket
for this action.
The revisions to 10 CSR 10–6.120
eliminate restrictions for a facility that
is no longer operational as a primary
lead smelter, update the reference to the
National Emissions Standards for
Hazardous Air Pollutants (NESHAP),
subpart X, update the incorporation by
reference information, and make
editorial changes to the rule for clarity.
Based on a detailed analysis in its
TSD of the revisions to the state rule
listed above EPA is approving the
revisions to this rule because it
promotes clarity by removing emission
limits no longer needed for the former
Herculaneum primary lead smelter,
updates references to the NESHAP,
subpart X, and test methods. These
revisions will not have a negative
impact on air quality.
II. 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 placed this
rule revision on public notice from June
29 through October 4, 2008. The state
received three comments from two
sources during the comment period:
EPA provided two comments and Doe
Run Resource Recycling Facility
provided one comment on the rule
revisions. MoDNR responded to all
three comments received. The revision
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1 U.S. and State of Missouri v. Doe Run Resources
Corp., et al, No. 4:10–cv–01895–JCH, (E.D.Mo. Dec.
21, 2011).
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Federal Register / Vol. 85, No. 180 / Wednesday, September 16, 2020 / Rules and Regulations
Pollutants for Primary Lead Smelting at
40 CFR part 63, subpart TTT, in
addition to the permitting requirements
of the Missouri SIP.
Regarding the commenter’s concern
about removal of the numeric emission
limit from 10 CSR 10–6.120 and Doe
Run’s comment to Missouri concerning
a difference of opinion about what the
limit should be, the EPA interprets this
comment to apply to the Doe Run
Resource Recycling Facility in Boss,
Missouri, which is a separate facility
from the former primary lead smelter in
Herculaneum, Missouri. In reviewing
the state’s submittal to EPA (EPA–R07–
2020–0256–002), the EPA notes that the
numeric limit that was the subject of the
Doe Run Resource Recycling Facility’s
comment to Missouri is outside of the
scope of this action, as the limit is not
contained in the version of 10 CSR
6.120 that was previously approved into
the SIP, and the limit was not submitted
for approval into the SIP in this action.
See 80 FR 52194.
IV. What Action is the EPA Taking?
The EPA is taking final action to
amend Missouri’s SIP to include the
revisions to 10 CSR 10–6.120 as
requested in its February 15, 2019,
submission.
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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 Regulations described in the
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).
Therefore, these materials have been
approved by the EPA for inclusion in
the State Implementation Plan, have
been incorporated by reference by EPA
into that plan, are fully federally
enforceable under sections 110 and 113
of the CAA as of the effective date of the
final rulemaking of the EPA’s approval,
and will be incorporated by reference in
the next update to the SIP compilation.2
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
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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).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
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 November 16, 2020. 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, Incorporation by
reference, Lead, Reporting and
recordkeeping requirements, Test
methods.
Dated: August 27, 2020.
James Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the
preamble, the EPA is amending 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:
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Authority: 42 U.S.C. 7401 et seq.
Subpart AA—Missouri
2. In § 52.1320, the table in paragraph
(c) is amended by revising the entry
‘‘10–6.120’’ to read as follows:
■
FR 27968, May 22, 1997.
VerDate Sep<11>2014
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Federal Register / Vol. 85, No. 180 / Wednesday, September 16, 2020 / Rules and Regulations
§ 52.1320
Identification of plan.
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EPA—APPROVED MISSOURI REGULATIONS
Missouri citation
State effective
date
Title
EPA approval date
Explanation
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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10–6.120 ........................
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Restriction of Emissions
of Lead from Specific
Lead Smelter-Refinery Installations.
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[FR Doc. 2020–19415 Filed 9–15–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2020–0331; FRL–10014–
46–Region 7]
Air Plan Approval; Missouri; Removal
of Control of Emissions From
Manufacture of Polystyrene Resin
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the State
Implementation Plan (SIP) submitted by
the State of Missouri on January 15,
2019, and supplemented by letter on
July 11, 2019. In the proposal, EPA
proposed removal of a rule related to the
control of emissions from the
manufacture of polystyrene resin in the
St. Louis, Missouri area from its SIP.
This removal does not have an adverse
effect on air quality. The EPA’s approval
of this rule revision is in accordance
with the requirements of the Clean Air
Act (CAA).
DATES: This final rule is effective on
October 16, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2020–0331. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
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SUMMARY:
VerDate Sep<11>2014
16:31 Sep 15, 2020
10/25/18
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9/16/20, [insert Federal
Register citation].
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available, i.e., 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 https://
www.regulations.gov or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional information.
further progress 1 or any other
applicable requirement of the CAA
because the single source subject to the
rule ceased manufacturing polystyrene
resin in 2009 and the removal of the
rule will not cause VOC emissions to
increase. (85 FR 43526, July 17, 2020).
The EPA solicited but did not receive
any comments on this proposed rule.
Therefore, the EPA is finalizing its
proposal to remove 10 CSR 10–5.410
from the SIP.
FOR FURTHER INFORMATION CONTACT:
II. 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 this SIP revision from
May 15, 2018, to August 2, 2018, and
received twelve comments from the EPA
that related to Missouri’s lack of an
adequate demonstration that the rule
could be removed from the SIP in
accordance with section 110(l) of the
CAA, whether the rule applied to new
sources and other implications related
to rescinding the rule. Missouri’s July
11, 2019 letter and December 3, 2018
response to comments on the state
rescission rulemaking addressed the
EPA’s comments. In addition, the
David Peter, Environmental Protection
Agency, Region 7 Office, Air Permitting
and Standards Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219;
telephone number: (913) 551–7397;
email address: peter.david@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. What is being addressed in this document?
II. Have the requirements for approval of a
SIP revision been met?
III. What action is the EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is being addressed in this
document?
The EPA is approving the removal of
10 Code of State Regulation (CSR) 10–
5.410, Control of Emissions from
Manufacture of Polystyrene Resin, from
the Missouri SIP.
As explained in detail in EPA’s
proposed rule, Missouri has
demonstrated that removal of 10 CSR
10–5.410 will not interfere with
attainment of the NAAQS, reasonable
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1 RFP is not applicable to the St. Louis Area
because for marginal ozone nonattainment areas,
such as the St. Louis Area, the specific
requirements of section 182(a) apply in lieu of the
attainment planning requirements that would
otherwise apply under section 172(c), including the
attainment demonstration and reasonably available
control measures (RACM) under section 172(c)(1),
reasonable further progress (RFP) under section
172(c)(2), and contingency measures under section
172(c)(9).
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[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Rules and Regulations]
[Pages 57698-57700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19415]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2020-0256; FRL-10014-22-Region 7]
Air Plan Approval; Missouri; Restriction of Emission of Lead From
Specific Lead Smelter-Refinery Installations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by Missouri on February 5,
2019. Missouri requested that EPA revise its approved plan which
restricts emission of lead from specific lead smelter-refinery
installations. The revisions remove emission restrictions for a
facility that is no longer operating, update a reference to the Federal
National Emissions Standard for Hazardous Air Pollutants (NESHAP) for
secondary lead smelters, and update incorporation by reference to
testing methods. Minor editorial revisions have also been made for
clarity. The EPA's approval of this rule revision is being done in
accordance with the requirements of the Clean Air Act (CAA).
DATES: This final rule is effective on October 16, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2020-0256. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, i.e., 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 https://www.regulations.gov or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional information.
FOR FURTHER INFORMATION CONTACT: Robert F. Webber, Environmental
Protection Agency, Region 7 Office, Air Permitting and Standards
Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number:
(913) 551-7251; email address: [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.
Table of Contents
I. What is Being Addressed in this Document?
II. Have the Requirements for Approval of a SIP Revision Been Met?
III. The EPA's Response to Comments
IV. What Action is the EPA Taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. What is Being Addressed in this Document?
The EPA is approving revisions to 10 Code of State Regulation (CSR)
10-6.120, Restriction of Emissions of Lead From Specific Lead Smelter-
Refinery Installations, in the Missouri SIP. The EPA received the
Missouri Department of Natural Resources' (MoDNR) SIP revision
submission on February 15, 2019. The revisions are described in detail
in the technical support document (TSD) included in the docket for this
action.
The revisions to 10 CSR 10-6.120 eliminate restrictions for a
facility that is no longer operational as a primary lead smelter,
update the reference to the National Emissions Standards for Hazardous
Air Pollutants (NESHAP), subpart X, update the incorporation by
reference information, and make editorial changes to the rule for
clarity.
Based on a detailed analysis in its TSD of the revisions to the
state rule listed above EPA is approving the revisions to this rule
because it promotes clarity by removing emission limits no longer
needed for the former Herculaneum primary lead smelter, updates
references to the NESHAP, subpart X, and test methods. These revisions
will not have a negative impact on air quality.
II. 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 placed this rule revision on public notice from June 29 through
October 4, 2008. The state received three comments from two sources
during the comment period: EPA provided two comments and Doe Run
Resource Recycling Facility provided one comment on the rule revisions.
MoDNR responded to all three comments received. The revision meets the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations.
III. The EPA's Response to Comments
The public comment period on the EPA's proposed rule opened June 1,
2020, the date of its publication in the Federal Register and closed on
July 1, 2020. During this period, the EPA received one adverse comment.
Comment: The Commenter expresses opposition to EPA approving
Missouri's requested revisions. The commenter expresses concern that
the revisions could potentially eliminate or delay regulatory
protections if a new facility comes in or the former Herculaneum
primary lead smelter refinery reopens. In addition, the commenter
states that ``the removal of a numeric emission limit for Doe Run now
makes the rule unenforceable'' and refers to Doe Run's comment
concerning the numerical limit during Missouri's public comment
process.
Response: The EPA finds that removal of the emission limits in
Table 1 of 10 CSR 10-6.120, which were solely applicable to Doe Run's
Herculaneum facility, is appropriate because the limits in the table
are less stringent than the limits in the state's attainment plan and
supporting Consent Judgment for the 2008 Lead National Ambient Air
Quality Standards (NAAQS). The EPA's approval of the state's attainment
plan for the 2008 Lead NAAQS was effective on November 19, 2014. See 79
FR 62572. Missouri's removal of the emissions limitations from Table 1
of 10 CSR 10-6.120 does not affect the enforceability of the state's
more stringent attainment plan and the emission limits necessary to
meet the 2008 Lead NAAQS.
As stated in the TSD for this action, the Herculaneum primary lead
smelter ceased lead smelting operations on December 13, 2013 as
required by a Consent Decree.\1\ Doe Run's current and future operation
of the facility is governed by the Consent Decree, which is federally
enforceable, and the Consent Judgment, which has been approved into the
Missouri SIP and is also federally enforceable. If a new company were
to reopen the former primary lead smelter, it would be subject to the
requirements of the Consent Decree, federal regulations such as the New
Source Performance Standards for Primary Lead Smelters at 40 CFR part
60, subpart R, and the National Emission Standards for Hazardous Air
[[Page 57699]]
Pollutants for Primary Lead Smelting at 40 CFR part 63, subpart TTT, in
addition to the permitting requirements of the Missouri SIP.
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\1\ U.S. and State of Missouri v. Doe Run Resources Corp., et
al, No. 4:10-cv-01895-JCH, (E.D.Mo. Dec. 21, 2011).
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Regarding the commenter's concern about removal of the numeric
emission limit from 10 CSR 10-6.120 and Doe Run's comment to Missouri
concerning a difference of opinion about what the limit should be, the
EPA interprets this comment to apply to the Doe Run Resource Recycling
Facility in Boss, Missouri, which is a separate facility from the
former primary lead smelter in Herculaneum, Missouri. In reviewing the
state's submittal to EPA (EPA-R07-2020-0256-002), the EPA notes that
the numeric limit that was the subject of the Doe Run Resource
Recycling Facility's comment to Missouri is outside of the scope of
this action, as the limit is not contained in the version of 10 CSR
6.120 that was previously approved into the SIP, and the limit was not
submitted for approval into the SIP in this action. See 80 FR 52194.
IV. What Action is the EPA Taking?
The EPA is taking final action to amend Missouri's SIP to include
the revisions to 10 CSR 10-6.120 as requested in its February 15, 2019,
submission.
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 Regulations described in the 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).
Therefore, these materials have been approved by the EPA for
inclusion in the State Implementation Plan, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking 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 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).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. 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 November 16, 2020. 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, Incorporation by
reference, Lead, Reporting and recordkeeping requirements, Test
methods.
Dated: August 27, 2020.
James Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA is amending 40 CFR
part 52 as set forth below:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart AA--Missouri
0
2. In Sec. 52.1320, the table in paragraph (c) is amended by revising
the entry ``10-6.120'' to read as follows:
[[Page 57700]]
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
EPA--Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
State
Missouri citation Title effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
10-6.120....................... Restriction of 10/25/18 9/16/20, [insert .......................
Emissions of Lead Federal Register
from Specific citation].
Lead Smelter-
Refinery
Installations.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2020-19415 Filed 9-15-20; 8:45 am]
BILLING CODE 6560-50-P
