Air Plan Approval; Missouri; General Conformity Rescission, 50260-50261 [2022-17569]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 87, Number 157 (Tuesday, August 16, 2022)]
[Rules and Regulations]
[Pages 50260-50261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17569]



[[Page 50260]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2022-0482; FRL-9906-02-R7]


Air Plan Approval; Missouri; General Conformity Rescission

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a revision to the Missouri State Implementation Plan 
(SIP). This final action will rescind the Missouri General Conformity 
Rule from the Missouri SIP. General Conformity ensures federal agency 
actions, such as airport construction, do not interfere with a state's 
plans to attain and maintain national standards for air quality. After 
rescission of the state's General Conformity Rule, federal agency 
actions will be subject to the Federal General Conformity Rule.

DATES: This final rule is effective on September 15, 2022.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2022-0482. 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: Jed D. Wolkins, Environmental 
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201 
Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-
7588; email address [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to 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. Environmental Justice Concerns
VI. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    The EPA is approving the rescission of Missouri's General 
Conformity Rule, 10 CSR 10-6.300, from Missouri's SIP. General 
Conformity ensures federal agency actions, such as airport 
construction, do not interfere with a state's plans to attain and 
maintain national standards for air quality.
    As explained in detail in the EPA's proposed rule, Missouri has 
demonstrated that removal of 10 CSR 10-6.300 will not interfere with 
attainment of the NAAQS, reasonable further progress, or any other 
applicable requirement of the CAA because federal agency actions will 
be subject to the same requirements under the Federal General 
Conformity Rule, codified at 40 CFR part 93 Subpart B.\1\ The public 
comment period on the EPA's proposed rule opened June 12, 2022, the 
date of its publication in the Federal Register and closed on July 13, 
2022. During this period, the EPA received no comments. Therefore, the 
EPA is finalizing its proposal to remove 10 CSR 10-6.300 from the 
Missouri SIP.
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    \1\ 87 FR 35709, June 13, 2022.
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II. Have the requirements for approval of a SIP revision been met?

    Missouri's General Conformity Rule, 10 CSR 10-6.300, titled 
``Conformity of General Federal Actions to State Implementation 
Plans,'' was incorporated into the SIP consistent with section 176(c) 
of the CAA, as amended (42 U.S.C. 7506(c)), and regulations located in 
40 CFR part 93, subpart B, that directed states to include in their 
SIPs provisions requiring General Conformity of Federal actions to the 
applicable implementation plan. In 2005, Congress passed the ``Safe, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users'' 
(SAFETEA-LU). Section 6011 of SAFETEA-LU amended section 176(c) of the 
CAA to remove the requirement for states to adopt a General Conformity 
rule into the SIP. In turn, EPA amended the federal General Conformity 
rule at 40 CFR part 51, subpart W, to make state adoption of a General 
Conformity rule into the SIP optional rather than mandatory (75 FR 
17258). 10 CSR 10-6.300 duplicates the federal regulations at 40 CFR 
part 93, subpart B. After rescission of the state's General Conformity 
Rule, federal agency actions will be subject to the Federal General 
Conformity Rule.
    CAA section 110(l), 42 U.S.C. 7410(l), states that the 
Administrator cannot approve a SIP revision if the revision would 
interfere with any applicable requirement concerning attainment and 
reasonable further progress or any other applicable requirement. The 
federal General Conformity rule contains the same requirements as the 
state's General Conformity rule. Therefore, the same requirements will 
apply after the state's rule is rescinded and there will be no 
associated emissions increase or adverse impact to air quality. For 
this reason, the EPA finds that this change will not interfere with any 
area's ability to attain or maintain any NAAQS, make reasonable 
progress towards natural visibility in Missouri's Class I areas nor any 
Class I area in another state Missouri impacts, or any other applicable 
requirement.
    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 August 16, 2021 
to October 7, 2021 and received no comment. In addition, as explained 
above, the revision meets the substantive SIP requirements of the CAA, 
including section 110 and implementing regulations.

III. What action is the EPA taking?

    The EPA is taking final action to approve a SIP revision submitted 
by the State of Missouri on April 15, 2022, rescinding the State 
General Conformity Rule, 10 CSR 10-6.300 from the Missouri SIP. EPA has 
determined that this revision would not interfere with attainment or 
maintenance of any NAAQS or with any other CAA requirement because the 
same requirements exist in federal regulations.

IV. Incorporation by Reference

    In this document, the EPA is deleting rules which were previously 
incorporated by reference from the applicable Missouri SIP. In 
accordance with requirements of 1 CFR 51.5, the EPA is deleting certain 
Missouri rules as described in Section 1 of this preamble. 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).

V. Environmental Justice Concerns

    This action approves the rescission of the state's General 
Conformity rule from the Missouri SIP. The state's rule duplicates the 
federal General Conformity rule. Once approved, all federal actions 
that would have been

[[Page 50261]]

subject to the state rule will be subject to the same requirements in 
the federal rule. For this reason, this action will not result in 
disproportionately high and adverse human health or environmental 
effects on minority populations, low-income populations and/or 
indigenous peoples.

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act 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);
     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
     This action does not have disproportionately high and 
adverse human health or environmental effects on minority populations, 
low-income populations and/or indigenous peoples, as specified in 
Executive Order 12898 (59 FR 7629, February 16, 1994). The basis for 
this determination is contained in Section V of this action, 
``Environmental Justice Concerns.''
     In addition, the SIP is not approved to apply on any 
Indian reservation land or in any other area where the EPA or an Indian 
tribe has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).
     This action is subject to the Congressional Review Act, 
and the EPA will submit a rule report to each House of the Congress and 
to the Comptroller General of the United States. This action is not a 
``major rule'' as defined by 5 U.S.C. 804(2).
     Under section 307(b)(1) of the CAA, petitions for judicial 
review of this action must be filed in the United States Court of 
Appeals for the appropriate circuit by October 17, 2022. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: August 9, 2022.
Meghan A. McCollister
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA amends 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


Sec.  52.1320  [Amended]

0
2. In Sec.  52.1320, the table in paragraph (c) is amended by removing 
the entry ``10-6.300'' under the heading ``Chapter 6--Air Quality 
Standards, Definitions, Sampling and Reference Methods, and Air 
Pollution Control Regulations for the State of Missouri.''

0
3. In Sec.  52.1323, paragraphs (h) and (j) are revised to read as 
follows:


Sec.  52.1323  Approval status.

* * * * *
    (h) Missouri rule 10 CSR 10-6.300 was rescinded on September 15, 
2022.
* * * * *
    (j) Missouri rule 10 CSR 10-6.300 was rescinded on September 15, 
2022.
* * * * *
[FR Doc. 2022-17569 Filed 8-15-22; 8:45 am]
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