Air Plan Approval; Missouri; Revisions to the Cross-State Air Pollution Rule SO2 Group 1 Trading Program, 39801-39803 [2023-12747]
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39801
Federal Register / Vol. 88, No. 117 / Tuesday, June 20, 2023 / Proposed Rules
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PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
2. In § 165.939, amend the table by
revising its heading and adding entry
(c)(7) to read as follows:
■
For the reasons discussed in the
preamble, the Coast Guard is proposing
to amend 33 CFR part 165 as follows:
§ 165.939 Safety Zones; Annual Events in
the Captain of the Port Buffalo Zone.
*
*
*
*
*
TABLE 1 TO § 165.939
Location 1
Event
Enforcement date and time 2
(c) August Safety Zones
*
*
(7) Tri CLE Rock Roll Run .............
*
*
*
*
Cleveland, OH. All U.S. waters of Lake Erie; Cleveland Harbor, from
position (1) 41°30′41″ N 081°42′01″ W, to (2) 41°30′47″ N
081°41′53″ W, to (3) 41°30′32″ N 081 41′39″ W, to (4) 41°30′27″ N
081°41′47″ W, then return to original position (NAD 83).
*
*
*
*
*
On or around the 2nd or 3rd weekend of August.
*
*
*
1 All
coordinates listed in Table 165.xxx reference Datum NAD 1983.
noted in paragraph (a)(3) of this section, the enforcement dates and times for each of the listed safety zones are subject to change. In the
event of a change, or for enforcement periods listed that do not allow a specific date or dates to be determined, the Captain of the Port will provide notice to the public by publishing a Notice of Enforcement in the Federal Register, as well as, issuing a Broadcast Notice to Mariner.]
2 As
Dated: May 31, 2023.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
allowances from a recently retired
emission unit to the original emission
unit for which they were designated.
Additionally, the revisions clarify rule
language by condensing a list of
provisions excluded from incorporation
by reference. 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).
[FR Doc. 2023–12364 Filed 6–16–23; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2023–0279; FRL–10989–
01–R7]
Comments must be received on
or before July 20, 2023.
DATES:
Air Plan Approval; Missouri; Revisions
to the Cross-State Air Pollution Rule
SO2 Group 1 Trading Program
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 November 29,
2021, by the State of Missouri. Missouri
requests EPA approve revisions to a
state regulation related to the CrossState Air Pollution Rule SO2 Group 1
Trading Program. These revisions
include reallocating SO2 emission
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SUMMARY:
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You may send comments,
identified by Docket ID No. EPA–R07–
OAR–2023–0279 to
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
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.
ADDRESSES:
PO 00000
Frm 00008
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FOR FURTHER INFORMATION CONTACT:
Gerald McIntyre, Environmental
Protection Agency, Region 7 Office, Air
Permitting and Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas
66219; telephone number: (913) 608–
8349; email address: mcintyre.gerald@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Written Comments
II. Background
III. What is being addressed in this
document?
IV. Have the requirements for approval of a
SIP revision been met?
V. What action is the EPA taking?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by
Docket ID No. EPA–R07–OAR–2023–
0279, at 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
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39802
Federal Register / Vol. 88, No. 117 / Tuesday, June 20, 2023 / Proposed Rules
lotter on DSK11XQN23PROD with PROPOSALS1
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. Background
The Cross-State Air Pollution Rule
(CSAPR) addresses air pollution from
upwind states that crosses state lines
and affects air quality in downwind
states. CSAPR requires fossil fuel-fired
electric generating units at coal-, gas-,
and oil-fired facilities in 27 states,
including Missouri, to reduce emissions
to help downwind areas attain fine
particle and/or ozone National Ambient
Air Quality Standards (NAAQS).
EPA sets a pollution limit (emission
budget) for each of the states covered by
CSAPR. Authorizations to emit
pollution, known as allowances, are
allocated to affected sources based on
these state emissions budgets. The rule
provides flexibility to affected sources,
allowing sources in each state to
determine their own compliance path.
This includes adding or operating
control technologies, upgrading or
improving controls, switching fuels, and
using allowances. Sources can buy and
sell allowances and bank (save)
allowances for future use as long as each
source holds enough allowances to
account for its emissions by the end of
the compliance period. Allowance
transfers between sources within the
CSAPR SO2 Group 1 Trading Program
are allowed with the approval of the
Administrator, subject to the procedures
and requirements of 40 CFR part 97.
Missouri adopted EPA’s SO2 Group 1
Trading Program in 40 CFR 97.604
through 40 CFR 97.628, with certain
exceptions, in 10 Code of State
Regulations (CSR) 10–6.376. EPA
finalized its approval of 10 CSR 10–
6.376 into Missouri’s SIP on December
4 2019, thereby granting Missouri the
responsibility to implement the CSAPR
SO2 Annual Trading Program in
Missouri (see 84 FR 66316). 10 CSR 10–
6.376 includes a list of CSAPR SO2
Group 1 units and their corresponding
allowances that have been allocated to
each unit.
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Iatan Generating Station Unit 1 (Iatan
Unit 1) is owned by two electric utility
companies: Evergy, formerly Kansas
City Power and Light Company; and
Liberty Utilities, formerly Empire
District Electric. Asbury Power Plant
(Asbury) is owned by Liberty Utilities.
These sources have been allocated
CSAPR SO2 Group 1 allowances in 10
CSR 10–6.376. In 2015, Missouri revised
10 CSR 1—6.376 to reallocate 1,300 SO2
emission allowances from Iatan Unit 1
to Asbury based on ownership share.
Asbury was retired in March 2020.
Therefore, Missouri revised 10 CSR 10–
6.376 to transfer Asbury’s 1,300 SO2
emission allowances back to Iatan Unit
1, and has requested that EPA approve
the revision to 10 CSR 10–6.376 into
Missouri’s SIP.
III. What is being addressed in this
document?
The EPA is proposing to approve a
SIP revision submitted by the State of
Missouri on November 29, 2021.
Missouri requests the EPA to approve
revisions to 10 CSR 10–6.376 in the
Missouri SIP. The state has revised the
rule to reallocate 1,300 SO2 emission
allowances from the Asbury Power
Plant, which was retired in March 2020,
to Iatan Unit 1, which is the original
emission unit for which the SO2
allowances were allocated. This revision
will only reverse the 2015 reallocation
of the 1,300 SO2 emission allowances
from Iatan Unit 1 to Asbury. The total
SO2 allowances for Iatan Unit 1 will
increase from 9,833 to 11,133. The total
SO2 allowances for Asbury will decrease
from 4,480 to 3,180. Asbury’s remaining
3,180 allowances will be transferred to
the new unit set-aside and redistributed,
as is the case for any unit that retires
under CASPR.
Missouri has also clarified rule
language by removing redundant
language concerning provisions
excluded from incorporation by
reference. This revision also removes a
provision that excluded incorporation
by reference of any requirements
imposed on any unit in Indian country
within the borders of any state in 40
CFR 97.602 through 40 CFR 97.635.
These revisions are administrative in
nature and does not impact the
stringency of the SIP or air quality.
IV. 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
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April 15, 2021 to May 27, 2021 and
received no comments.
In addition, as explained above, the
revision meets the substantive SIP
requirements of the CAA, including
section 110 and implementing
regulations. The EPA proposes to find
that the changes to the SIP do not
reduce the stringency of the SIP or
negatively affect air quality. As such, in
accordance with section 110(l) of the
CAA, this proposed revision does not
interfere with any applicable
requirement concerning attainment and
reasonable further progress or any other
applicable requirement of the CAA.
Therefore, the EPA is proposing to
approve Missouri’s revisions to 10–
6.376.
V. What action is the EPA taking?
The EPA is proposing to amend the
Missouri SIP by approving the State’s
request to revise 10 CSR 10–6.376
‘‘Cross-State Air pollution Rule Annual
SO2 Group 1 Trading Program.’’ 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.
VI. 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 Missouri 10
CSR 10–6.376, discussed in section III of
this preamble and as set forth below in
the proposed 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).
VII. 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:
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Federal Register / Vol. 88, No. 117 / Tuesday, June 20, 2023 / Proposed Rules
• 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); and
• 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 Clean Air Act;
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.
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: June 9, 2023.
Meghan A. McCollister,
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 revising the entry
‘‘10–6.376’’ to read as follows:
■
§ 52.1320
*
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
*
*
*
*
*
*
*
Chapter 6-Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of
Missouri
*
*
*
Cross-State Air Pollution Rule SO2
Group 1 Trading Program.
10–6.376
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7/29/2021
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[Date of publication of the final rule
in the Federal Register], [Federal
Register citation of the final rule].
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[FR Doc. 2023–12747 Filed 6–16–23; 8:45 am]
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]]>Agencies
[Federal Register Volume 88, Number 117 (Tuesday, June 20, 2023)]
[Proposed Rules]
[Pages 39801-39803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12747]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2023-0279; FRL-10989-01-R7]
Air Plan Approval; Missouri; Revisions to the Cross-State Air
Pollution Rule SO2 Group 1 Trading Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval of revisions to the State Implementation Plan (SIP) submitted
on November 29, 2021, by the State of Missouri. Missouri requests EPA
approve revisions to a state regulation related to the Cross-State Air
Pollution Rule SO2 Group 1 Trading Program. These revisions
include reallocating SO2 emission allowances from a recently
retired emission unit to the original emission unit for which they were
designated. Additionally, the revisions clarify rule language by
condensing a list of provisions excluded from incorporation by
reference. 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 July 20, 2023.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2023-0279 to 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 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: Gerald McIntyre, Environmental
Protection Agency, Region 7 Office, Air Permitting and Planning Branch,
11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913)
608-8349; email address: [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.
Table of Contents
I. Written Comments
II. Background
III. What is being addressed in this document?
IV. Have the requirements for approval of a SIP revision been met?
V. What action is the EPA taking?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2023-
0279, at 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
[[Page 39802]]
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. Background
The Cross-State Air Pollution Rule (CSAPR) addresses air pollution
from upwind states that crosses state lines and affects air quality in
downwind states. CSAPR requires fossil fuel-fired electric generating
units at coal-, gas-, and oil-fired facilities in 27 states, including
Missouri, to reduce emissions to help downwind areas attain fine
particle and/or ozone National Ambient Air Quality Standards (NAAQS).
EPA sets a pollution limit (emission budget) for each of the states
covered by CSAPR. Authorizations to emit pollution, known as
allowances, are allocated to affected sources based on these state
emissions budgets. The rule provides flexibility to affected sources,
allowing sources in each state to determine their own compliance path.
This includes adding or operating control technologies, upgrading or
improving controls, switching fuels, and using allowances. Sources can
buy and sell allowances and bank (save) allowances for future use as
long as each source holds enough allowances to account for its
emissions by the end of the compliance period. Allowance transfers
between sources within the CSAPR SO2 Group 1 Trading Program
are allowed with the approval of the Administrator, subject to the
procedures and requirements of 40 CFR part 97.
Missouri adopted EPA's SO2 Group 1 Trading Program in 40
CFR 97.604 through 40 CFR 97.628, with certain exceptions, in 10 Code
of State Regulations (CSR) 10-6.376. EPA finalized its approval of 10
CSR 10-6.376 into Missouri's SIP on December 4 2019, thereby granting
Missouri the responsibility to implement the CSAPR SO2
Annual Trading Program in Missouri (see 84 FR 66316). 10 CSR 10-6.376
includes a list of CSAPR SO2 Group 1 units and their
corresponding allowances that have been allocated to each unit.
Iatan Generating Station Unit 1 (Iatan Unit 1) is owned by two
electric utility companies: Evergy, formerly Kansas City Power and
Light Company; and Liberty Utilities, formerly Empire District
Electric. Asbury Power Plant (Asbury) is owned by Liberty Utilities.
These sources have been allocated CSAPR SO2 Group 1
allowances in 10 CSR 10-6.376. In 2015, Missouri revised 10 CSR 1--
6.376 to reallocate 1,300 SO2 emission allowances from Iatan
Unit 1 to Asbury based on ownership share. Asbury was retired in March
2020. Therefore, Missouri revised 10 CSR 10-6.376 to transfer Asbury's
1,300 SO2 emission allowances back to Iatan Unit 1, and has
requested that EPA approve the revision to 10 CSR 10-6.376 into
Missouri's SIP.
III. What is being addressed in this document?
The EPA is proposing to approve a SIP revision submitted by the
State of Missouri on November 29, 2021. Missouri requests the EPA to
approve revisions to 10 CSR 10-6.376 in the Missouri SIP. The state has
revised the rule to reallocate 1,300 SO2 emission allowances
from the Asbury Power Plant, which was retired in March 2020, to Iatan
Unit 1, which is the original emission unit for which the
SO2 allowances were allocated. This revision will only
reverse the 2015 reallocation of the 1,300 SO2 emission
allowances from Iatan Unit 1 to Asbury. The total SO2
allowances for Iatan Unit 1 will increase from 9,833 to 11,133. The
total SO2 allowances for Asbury will decrease from 4,480 to
3,180. Asbury's remaining 3,180 allowances will be transferred to the
new unit set-aside and redistributed, as is the case for any unit that
retires under CASPR.
Missouri has also clarified rule language by removing redundant
language concerning provisions excluded from incorporation by
reference. This revision also removes a provision that excluded
incorporation by reference of any requirements imposed on any unit in
Indian country within the borders of any state in 40 CFR 97.602 through
40 CFR 97.635. These revisions are administrative in nature and does
not impact the stringency of the SIP or air quality.
IV. 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 April 15, 2021
to May 27, 2021 and received no comments.
In addition, as explained above, the revision meets the substantive
SIP requirements of the CAA, including section 110 and implementing
regulations. The EPA proposes to find that the changes to the SIP do
not reduce the stringency of the SIP or negatively affect air quality.
As such, in accordance with section 110(l) of the CAA, this proposed
revision does not interfere with any applicable requirement concerning
attainment and reasonable further progress or any other applicable
requirement of the CAA. Therefore, the EPA is proposing to approve
Missouri's revisions to 10-6.376.
V. What action is the EPA taking?
The EPA is proposing to amend the Missouri SIP by approving the
State's request to revise 10 CSR 10-6.376 ``Cross-State Air pollution
Rule Annual SO2 Group 1 Trading Program.'' 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.
VI. 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 Missouri 10 CSR 10-6.376, discussed in section
III of this preamble and as set forth below in the proposed 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).
VII. 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:
[[Page 39803]]
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); and
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 Clean Air Act;
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.
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: June 9, 2023.
Meghan A. McCollister,
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
0
2. In Sec. 52.1320, the table in paragraph (c) is amended by revising
the entry ``10-6.376'' to read as follows:
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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
10-6.376......................... Cross-State Air 7/29/2021 [Date of ...................
Pollution Rule SO2 publication of the
Group 1 Trading final rule in the
Program. Federal Register],
[Federal Register
citation of the
final rule].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2023-12747 Filed 6-16-23; 8:45 am]
BILLING CODE 6560-50-P
