Air Plan Approval; State of Missouri; Restriction of Particulate Matter to the Ambient Air Beyond the Premises of Origin, 36251-36253 [2023-11546]
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Federal Register / Vol. 88, No. 106 / Friday, June 2, 2023 / Rules and Regulations
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by August 1, 2023.
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, Intergovernmental relations,
Nitrogen oxides, Ozone, Reporting and
recordkeeping requirements.
Dated: May 25, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
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 F—California
2. Section 52.220 is amended by
adding paragraphs (c)(300)(i)(A)(2) and
(c)(518)(i)(A)(9) to read as follows:
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Identification of plan—in part.
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(c) * * *
(300) * * *
(i) * * *
(A) * * *
(2) Previously approved on February
27, 2003 in paragraph (c)(300)(i)(A)(1) of
this section and now deleted with
replacement in paragraph
(c)(518)(i)(A)(9): Rule 1161, amended on
March 25, 2002.
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(518) * * *
(i) * * *
(A) * * *
(9) Rule 1161, ‘‘Portland Cement
Kilns,’’ amended on January 22, 2018.
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[Amended]
3. Section 52.248 is amended by
removing and reserving paragraph
(d)(1)(ix).
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[FR Doc. 2023–11683 Filed 6–1–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2023–0193; FRL–10815–
02–R7]
Air Plan Approval; State of Missouri;
Restriction of Particulate Matter to the
Ambient Air Beyond the Premises of
Origin
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) for the State
of Missouri. This final action will
amend the SIP to approve revision
submitted by the State of Missouri on
March 7, 2019, to a State regulation for
the Restriction of Particulate Matter to
the Ambient Air Beyond the Premises of
Origin. These revisions include adding
definitions that are specific to the rule,
restructures the rule into the standard
rule organization format, and removes
unnecessary words. The revisions are
administrative in nature and do not
impact the stringency of the SIP or 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 July
3, 2023.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2023–0193. All
documents in the docket are listed on
the 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 www.regulations.gov
or please contact the person identified
in the FOR FURTHER INFORMATION
CONTACT section for additional
information.
FOR FURTHER INFORMATION CONTACT:
Steven Brown, Environmental
SUMMARY:
For the reasons stated in the
preamble, the Environmental Protection
Agency amends Part 52, chapter I, title
40 of the Code of Federal Regulations as
follows:
§ 52.220
§ 52.248
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36251
Protection Agency, Region 7 Office, Air
Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219;
telephone number: (913) 551–7718;
email address: brown.steven@epa.gov.
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. Statutory and Executive Order Reviews
I. What is being addressed in this
document?
The EPA is approving a SIP revision
submitted by the State of Missouri on
March 7, 2019. Missouri requested the
EPA to approve revisions to their SIP by
replacing the existing rule, Title 10,
Division 10 of the Code of State
Regulations (CSR), (10 CSR 10–6.170)
‘‘Restriction of Particulate Matter to the
Ambient Air Beyond the Premises of
Origin’’, with a revised and restructured
version of the same rule. The State has
revised the rule to add definitions
specific to this rule, organize the rule
into State standard rule organizational
format, and remove unnecessary words.
After review and analysis of the
revisions, the EPA conclude that these
changes do not have adverse effects on
air quality. The full text of these
changes can be found in the State’s
submission, which is included in the
docket for this action. The EPA’s
analysis of the revisions can be found in
the technical support document (TSD),
also included in the docket.
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
8/01/2018 to 8/30/2018 and received a
total of eight comments. The comments
and responses are summarized in the
EPA’s Notice of Proposed Rulemaking
(NPRM) published, April 14, 2023 (88
FR 22976). The EPA’s NPRM and
supporting information contained in the
docket were made available for public
comment from April 14, 2023, to May
15, 2023 (88 FR 22976). During this
period, no comments were received.
In addition, as explained above and in
more detail in the technical support
document, which is part of this docket,
the revision meets the substantive SIP
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requirements of the CAA, including
section 110 and implementing
regulations.
III. What action is the EPA taking?
The EPA is taking final action to
amend the Missouri SIP by approving
the State’s revisions to rule 10 CSR 10–
6.170 ‘‘Restriction of Particulate Matter
to the Ambient Air Beyond the Premises
of Origin.’’ Approval of these revisions
will ensure consistency between State
and federally approved rules. As
described in the NPRM (88 FR 22976),
and the TSD, the EPA has determined
that these changes meet the
requirements of the Clean Air Act and
will not adversely impact air quality or
the stringency of the SIP.
IV. Incorporation by Reference
In this document, the EPA is
finalizing regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the
Missouri rule 10 CSR 10–6.170, which
regulates particulate matter, as set forth
below in the amendments to 40 CFR
part 52. 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.1
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V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Clean Air Act and
applicable Federal regulations. 42
U.S.C. 7410(k); 40 CFR 52.02(a). Thus,
in reviewing SIP submissions, EPA’s
role is to approve State choices,
provided that they meet the criteria of
the Clean Air Act. 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:
1 62
FR 27968, May 22, 1997.
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• 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), 13563 (76 FR 3821,
January 21, 2011), and 14094 (88 FR
21879, April 11, 2023);
• 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); and
• Is not subject to requirements of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) because this rulemaking does
not involve technical standards;
In addition, 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).
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies
to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
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disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
Missouri did not evaluate
environmental justice considerations as
part of its SIP submittal; the CAA and
applicable implementing regulations
neither prohibit nor require such an
evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this
action. Consideration of EJ is not
required as part of this action, and there
is no information in the record
inconsistent with the stated goal of E.O.
12898 of achieving environmental
justice for people of color, low-income
populations, and Indigenous peoples.
This action is subject to the
Congressional Review Act, and 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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by August 1, 2023.
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, Particulate matter.
Dated: May 24, 2023.
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
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 revising the entry for
‘‘10–6.170’’ to read as follows:
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Federal Register / Vol. 88, No. 106 / Friday, June 2, 2023 / Rules and Regulations
§ 52.1320
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Identification of plan.
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(c) * * *
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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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10–6.170 .....
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Restriction of Particulate Matter to the Ambient Air
Beyond the Premises of Origin.
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[FR Doc. 2023–11546 Filed 6–1–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2021–0479; FRL–10665–
02–R3]
Air Plan Approval; Pennsylvania;
Infrastructure State Implementation
Plan Revision Clean Air Act Section
110 Applicable Requirements for the
2015 8-Hour Ozone National Ambient
Air Quality Standard (NAAQS)
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the Commonwealth of
Pennsylvania. Whenever EPA
promulgates a new or revised national
ambient air quality standard (NAAQS or
standard), the Clean Air Act (CAA)
requires states to make SIP submissions
to provide for the implementation,
maintenance, and enforcement of the
NAAQS. The infrastructure
requirements are designed to ensure that
the structural components of each
state’s air quality management program
are adequate to meet the state’s
responsibilities under the CAA.
Pennsylvania has formally submitted a
SIP revision addressing certain
infrastructure elements for certain
sections of the CAA for the 2015 8-hour
ozone NAAQS. EPA is approving
Pennsylvania’s submittal addressing
these infrastructure requirements for the
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SUMMARY:
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3/30/2019
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6/2/2023, [insert Federal
Register citation].
*
2015 ozone NAAQS in accordance with
the requirements of the CAA.
DATES: This final rule is effective on July
3, 2023.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2021–0479. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., confidential business information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through www.regulations.gov,
or please contact the person identified
in the FOR FURTHER INFORMATION
CONTACT section for additional
availability information.
FOR FURTHER INFORMATION CONTACT: Dr.
Michael O’Shea, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1600 John
F Kennedy Boulevard, Philadelphia,
Pennsylvania 19103. The telephone
number is (215) 814–2064. Dr. O’Shea
can also be reached via electronic mail
at OShea.Michael@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On February 27, 2023 (88 FR 12301),
EPA published a notice of proposed
rulemaking (NPRM) for the
Commonwealth of Pennsylvania. In the
NPRM, EPA proposed approval of the
infrastructure requirements submitted
by Pennsylvania for section 110(a) of the
CAA for the 2015 ozone NAAQS, aside
from visibility protection. The formal
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SIP revision was submitted by
Pennsylvania on April 20, 2021.
On October 26, 2015, EPA issued a
final rule revising both the primary and
secondary ozone NAAQS for groundlevel ozone to 0.070 parts per million
(ppm), based on the fourth-highest
maximum daily 8-hour ozone
concentration per year, averaged over
three years. 80 FR 65292.
Whenever EPA promulgates a new or
revised NAAQS, CAA section 110(a)(1)
requires states to make SIP submissions
to provide for the implementation,
maintenance, and enforcement of the
NAAQS. This type of SIP submission is
commonly referred to as an
‘‘infrastructure SIP.’’ These submissions
must meet the various requirements of
CAA section 110(a)(2), as applicable,
within three years after promulgation of
a new or revised NAAQS or within such
shorter period as EPA may prescribe.
Section 110(a)(1) of the CAA provides
the procedural and timing requirements
for SIPs, while section 110(a)(2) lists
specific elements that states must meet
for infrastructure SIP requirements
related to a newly established or revised
NAAQS. Section 110(a)(2) requires
states to address basic SIP elements
such as requirements for monitoring,
basic program framework and adequate
legal authority that are designed to
assure attainment and maintenance of
the NAAQS.
II. Summary of SIP Revision and EPA
Analysis
On April 20, 2021, the
Commonwealth of Pennsylvania
formally submitted a SIP revision to
satisfy the infrastructure requirements
of CAA section 110(a) for the 2015
ozone NAAQS (referred to as
‘‘Pennsylvania’s submittal’’).
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[Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Rules and Regulations]
[Pages 36251-36253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11546]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2023-0193; FRL-10815-02-R7]
Air Plan Approval; State of Missouri; Restriction of Particulate
Matter to the Ambient Air Beyond the Premises of Origin
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the State Implementation Plan (SIP) for
the State of Missouri. This final action will amend the SIP to approve
revision submitted by the State of Missouri on March 7, 2019, to a
State regulation for the Restriction of Particulate Matter to the
Ambient Air Beyond the Premises of Origin. These revisions include
adding definitions that are specific to the rule, restructures the rule
into the standard rule organization format, and removes unnecessary
words. The revisions are administrative in nature and do not impact the
stringency of the SIP or 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 July 3, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2023-0193. All documents in the docket are
listed on the 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 www.regulations.gov or
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section for additional information.
FOR FURTHER INFORMATION CONTACT: Steven Brown, Environmental Protection
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-7718;
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. Statutory and Executive Order Reviews
I. What is being addressed in this document?
The EPA is approving a SIP revision submitted by the State of
Missouri on March 7, 2019. Missouri requested the EPA to approve
revisions to their SIP by replacing the existing rule, Title 10,
Division 10 of the Code of State Regulations (CSR), (10 CSR 10-6.170)
``Restriction of Particulate Matter to the Ambient Air Beyond the
Premises of Origin'', with a revised and restructured version of the
same rule. The State has revised the rule to add definitions specific
to this rule, organize the rule into State standard rule organizational
format, and remove unnecessary words. After review and analysis of the
revisions, the EPA conclude that these changes do not have adverse
effects on air quality. The full text of these changes can be found in
the State's submission, which is included in the docket for this
action. The EPA's analysis of the revisions can be found in the
technical support document (TSD), also included in the docket.
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 8/01/2018 to 8/
30/2018 and received a total of eight comments. The comments and
responses are summarized in the EPA's Notice of Proposed Rulemaking
(NPRM) published, April 14, 2023 (88 FR 22976). The EPA's NPRM and
supporting information contained in the docket were made available for
public comment from April 14, 2023, to May 15, 2023 (88 FR 22976).
During this period, no comments were received.
In addition, as explained above and in more detail in the technical
support document, which is part of this docket, the revision meets the
substantive SIP
[[Page 36252]]
requirements of the CAA, including section 110 and implementing
regulations.
III. What action is the EPA taking?
The EPA is taking final action to amend the Missouri SIP by
approving the State's revisions to rule 10 CSR 10-6.170 ``Restriction
of Particulate Matter to the Ambient Air Beyond the Premises of
Origin.'' Approval of these revisions will ensure consistency between
State and federally approved rules. As described in the NPRM (88 FR
22976), and the TSD, the EPA has determined that these changes meet the
requirements of the Clean Air Act and will not adversely impact air
quality or the stringency of the SIP.
IV. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference of the
Missouri rule 10 CSR 10-6.170, which regulates particulate matter, as
set forth below in the amendments to 40 CFR part 52. 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.\1\
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\1\ 62 FR 27968, May 22, 1997.
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V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
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), 13563 (76 FR 3821, January 21, 2011), and
14094 (88 FR 21879, April 11, 2023);
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); and
Is not subject to requirements of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because this
rulemaking does not involve technical standards;
In addition, 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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
Missouri did not evaluate environmental justice considerations as
part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. EPA did
not perform an EJ analysis and did not consider EJ in this action.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
This action is subject to the Congressional Review Act, and 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 1, 2023. 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, Particulate matter.
Dated: May 24, 2023.
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
0
2. In Sec. 52.1320, the table in paragraph (c) is amended by revising
the entry for ``10-6.170'' to read as follows:
[[Page 36253]]
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
State effective
Missouri citation Title 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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
10-6.170....................... Restriction of 3/30/2019 6/2/2023, [insert .................
Particulate Matter to Federal Register
the Ambient Air citation].
Beyond the Premises
of Origin.
* * * * * * *
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* * * * *
[FR Doc. 2023-11546 Filed 6-1-23; 8:45 am]
BILLING CODE 6560-50-P
