Air Plan Partial Approval and Partial Disapproval; Missouri; Revision to Sulfur Dioxide Control Requirements for Lake Road Generating Facility, 42640-42642 [2023-13979]
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42640
Federal Register / Vol. 88, No. 126 / Monday, July 3, 2023 / Rules and Regulations
(155) * * *
(iv) * * *
(D) Previously approved on January
29, 1985, in paragraph (c)(155)(iv)(B) of
this section and deleted without
replacement: Rule 1305.
*
*
*
*
*
(240) * * *
(i) * * *
(A) * * *
(6) Previously approved on December
4, 1996, in paragraph (c)(240)(i)(A)(1) of
this section and now deleted with
replacement in paragraphs
(c)(602)(i)(A)(2) through (c)(602)(i)(a)(9)
of this section for implementation in the
Antelope Valley Air Quality
Management District: Rules 1301, 1302,
and 1309, adopted on December 7, 1995,
Rule 1303, adopted on May 10, 1996,
and Rules 1304 and 1306, adopted on
June 14, 1996.
(7) Previously approved on December
4, 1996, in paragraph (c)(240)(i)(A)(1) of
this section and now deleted without
replacement for implementation in the
Antelope Valley Air Quality
Management District: Rules 1309.1,
1310 and 1313, adopted on December 7,
1995.
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(602) The following regulations were
submitted on August 3, 2021, by the
Governor’s designee as an attachment to
a letter dated August 3, 2021.
(i) Incorporation by reference. (A)
Antelope Valley Air Quality
Management District.
(1) Rule 219, ‘‘Equipment Not
Requiring a Permit,’’ amended on June
15, 2021.
(2) Rule 1300, ‘‘New Source Review
General,’’ amended on July 20, 2021.
(3) Rule 1301, ‘‘New Source Review
Definitions,’’ amended on July 20, 2021.
(4) Rule 1302 ‘‘New Source Review
Procedure,’’ (except 1302(C)(5) and
1302(C)(7)(c)), amended on July 20,
2021.
(5) Rule 1303, ‘‘New Source Review
Requirements,’’ amended on July 20,
2021.
(6) Rule 1304, ‘‘New Source Review
Emissions Calculations,’’ amended on
July 20, 2021.
(7) Rule 1305, ‘‘New Source Review
Emissions Offsets,’’ amended on July 20,
2021.
(8) Rule 1306, ‘‘New Source Review
for Electric Energy Generating
Facilities,’’ amended on July 20, 2021.
(9) Rule 1309, ‘‘Emission Reduction
Credit Banking,’’ amended on July 20,
2021.
(B) [Reserved]
(ii) [Reserved]
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3. Section 52.281 is amended by
adding paragraph (d)(10) to read as
follows:
■
§ 52.281
Visibility protection.
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(d) * * *
(10) Antelope Valley Air Quality
Management District.
*
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*
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.
[FR Doc. 2023–13763 Filed 6–30–23; 8:45 am]
BILLING CODE 6560–50–P
FOR FURTHER INFORMATION CONTACT:
ENVIRONMENTAL PROTECTION
AGENCY
Allie Donohue, Environmental
Protection Agency, Region 7 Office, Air
Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219;
telephone number: (913) 551–7986;
email address: donohue.allie@epa.gov.
40 CFR Part 52
[EPA–R07–OAR–2023–0201; FRL–10839–
02–R7]
Air Plan Partial Approval and Partial
Disapproval; Missouri; Revision to
Sulfur Dioxide Control Requirements
for Lake Road Generating Facility
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
partially approve and partially
disapprove revisions to the State
Implementation Plan (SIP) submitted by
the State of Missouri on February 17,
2022. In its submission, the Missouri
Department of Natural Resources
(MoDNR) requested that revisions to a
2016 Administrative Order on Consent
(AOC) for controlling sulfur dioxide
(SO2) emissions at the Lake Road power
plant (hereinafter referred to as ‘‘2016
AOC’’) be approved in the SIP. This
final action amends the SIP to establish
more stringent fuel oil sulfur content
limits, remove SO2 emission limits that
are no longer needed due to the
strengthened fuel oil sulfur
requirements, and streamline reporting
requirements. The approved SIP
changes meet the requirements of the
Clean Air Act (CAA). This final action
also disapproves a new provision in the
AOC that would potentially allow Lake
Road to exceed the fuel oil sulfur
content limits on a temporary basis.
DATES: This final rule is effective on
August 2, 2023.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2023–0201. 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., confidential business information
(CBI) or other information whose
disclosure is restricted by statute.
SUMMARY:
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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 Considerations
VI. Statutory and Executive Order Reviews
I. What is being addressed in this
document?
The EPA is partially approving and
partially disapproving a SIP revision
submitted by the State of Missouri on
February 17, 2022. In its submission,
MoDNR requested that AOC No. APCP–
2015–118 between MoDNR and Evergy
(formerly Kansas City Power & Light)
submitted in 2016, and amended in
2018 (Amendment #1), be replaced with
Amendment #2 to the AOC in the SIP.
The EPA is approving these SIP
revisions, with the exception of
Amendment #2 paragraph 12.A. The
approved revisions meet the
requirements of the Clean Air Act. The
EPA is disapproving Amendment #2
paragraph 12.A. because this provision
potentially allows Lake Road to burn
fuel oil with a sulfur content greater
than the sulfur content limit of 15 parts
per million (ppm) on a temporary basis.
Paragraph 12.A. is severable from
Amendment #2 because it is a new
paragraph that was not previously
included in the 2016 AOC or
Amendment #1, and it is not approved
in the SIP. The EPA proposed to
partially approve and partially
disapprove this submission on April 26,
2023 (88 FR 25309). The EPA’s analysis
of the State’s requested SIP revisions
can be found in section II of the
proposed rule and in more detail in the
technical support document (TSD)
included in this docket.
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II. Have the requirements for approval
of a SIP revision been met?
With respect to the portions of the
submittal which EPA is approving, the
State submission 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
November 1, 2021, to December 9, 2021
and received no comments. In addition,
as explained above and in more detail
in the TSD which is part of this docket,
the revision meets the substantive SIP
requirements of the CAA, including
section 110 and implementing
regulations.
As explained in section II of the
proposed rule and further in the TSD,
the EPA is disapproving Amendment #2
paragraph 12.A.
The EPA received no comments on
the proposed rule during the public
comment period which opened April
26, 2023, the date of its publication in
the Federal Register, and closed on May
26, 2023.
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III. What action is the EPA taking?
The EPA is taking final action to
amend the Missouri SIP by partially
approving and partially disapproving
the State’s submittal. Under section
179(a) of the CAA, final disapproval of
a submittal that addresses a requirement
of part D, title I of the CAA (CAA
sections 171–193) or is required in
response to a finding of substantial
inadequacy as described in CAA section
110(k)(5) (SIP Call) starts a sanctions
clock. The Missouri SIP submission that
we are partially disapproving was not
submitted to meet either of these
requirements. Therefore, this partial
disapproval will not trigger mandatory
sanctions under CAA section 179. In
addition, CAA section 110(c)(1)
provides that the EPA must promulgate
a Federal Implementation Plan (FIP)
within two years after either finding that
a State has failed to make a required
submission or disapproving a SIP
submission in whole or in part, unless
the EPA approves a SIP revision
correcting the deficiencies within that
two-year period. With respect to our
partial disapproval of Missouri’s SIP
submission, however, we conclude that
any FIP obligation resulting from this
partial disapproval is satisfied by our
determination that there is no
deficiency in the SIP to correct.
Specifically, we are approving all
revisions with the exception of
Amendment #2 paragraph 12.A.
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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 Amendment #2 to
Administrative Order on Consent, State
effective October 18, 2021, between
MoDNR and Evergy related to
controlling SO2 emissions at the Lake
Road power plant discussed in section
I of this preamble and 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).
Also, in this document, as described
in the amendments to 40 CFR part 52 set
forth below, the EPA is removing
provisions of the EPA-Approved
Missouri Administrative Order on
Consent and Amendment #1 (State
effective September 27, 2018) from the
Missouri State Implementation Plan,
which is incorporated by reference in
accordance with the requirements of 1
CFR part 51. As described in the
amendments to 40 CFR part 52 set forth
below, EPA is also removing an
outdated reference to the St. Joseph
Light and Power So2 consent agreement
(State effective May 21, 2001).
V. Environmental Justice
Considerations
The EPA reviewed demographic data,
which provides an assessment of
individual demographic groups of the
populations living within a 2-mile
radius of the Lake Road facility Census
2010 Summary Report available on its
environmental justice (EJ) screening and
mapping tool (‘‘EJSCREEN’’). The EPA
then compared the data to the State
average for each of the demographic
groups using 2010 State census data
from the United States Census Bureau.
The results of this analysis are being
provided for informational and
transparency purposes. The results of
the demographic analysis indicate that,
for populations within the 2-mile radius
of the Lake Road facility, the percent of
people of color (persons who reported
their race as a category other than White
alone (not Hispanic or Latino)) is less
than the national average (16 percent
versus 21 percent). Within people of
color, the percent of the population that
is Black or African American alone is
lower than the State average (3 percent
versus 12 percent) and the percent of
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42641
the population that is American Indian/
Alaska Native is similar to the State
average (1 percent versus 1 percent).
The percent of the population that is
two or more races is similar to the State
average (3 percent versus 3 percent).
The percent of people with low income
within the 2-mile radius of the Lake
Road facility is higher than the State
average (41 percent versus 31 percent).
VI. 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) 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 subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a State program;
• 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
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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,
February 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.’’
The air agency 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. The EPA performed an
environmental justice analysis, as is
described above in the section titled,
‘‘Environmental Justice
Considerations.’’ The analysis was done
for the purpose of providing additional
context and information about this
rulemaking to the public, not as a basis
of the action. In addition, there is no
information in the record upon which
this decision is based 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 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 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 September 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,
Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: June 26, 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, in the table in
paragraph (d):
■ a. Remove and reserve entries ‘‘(17)’’,
‘‘(32)’’, and ‘‘(33)’’; and
■ b. Add entry ‘‘(38)’’ in numerical
order.
The addition reads as follows:
■
§ 52.1320
*
Identification of plan.
*
*
(d) * * *
*
*
EPA-APPROVED MISSOURI SOURCE-SPECIFIC PERMITS AND ORDERS
Name of source
*
(38) Kansas City Power
and Light—Lake Road
Facility.
*
*
*
*
State
effective
date
Order/permit No.
*
*
Amendment #2 to Administrative
Order on Consent No. APCP–
2015–118.
*
*
10/18/
2021.
EPA approval date
*
7/3/2023, [insert Federal
Register citation].
DEPARTMENT OF THE INTERIOR
[FR Doc. 2023–13979 Filed 6–30–23; 8:45 am]
Fish and Wildlife Service
BILLING CODE 6560–50–P
50 CFR Part 17
[Docket No. FWS–HQ–ES–2021–0033;
FF09E41000 234 FXES111609C0000]
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RIN 1018–BF98
Endangered and Threatened Wildlife
and Plants; Designation of
Experimental Populations
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
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*
*
EPA is approving Amendment #2
to AOC No. APCP–2015–118,
except for paragraph 12.A.
We, the U.S. Fish Wildlife
Service (Service), revise the regulations
concerning experimental populations of
endangered species and threatened
species under the Endangered Species
Act. We remove language generally
restricting the introduction of
experimental populations to only the
species’ ‘‘historical range’’ to allow for
the introduction of populations into
habitat outside of their historical range
for conservation purposes. To provide
for the conservation of certain species,
we have concluded that it may be
increasingly necessary and appropriate
to establish experimental populations
outside of their historical range if the
SUMMARY:
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]]>Agencies
[Federal Register Volume 88, Number 126 (Monday, July 3, 2023)]
[Rules and Regulations]
[Pages 42640-42642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13979]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2023-0201; FRL-10839-02-R7]
Air Plan Partial Approval and Partial Disapproval; Missouri;
Revision to Sulfur Dioxide Control Requirements for Lake Road
Generating Facility
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to partially approve and partially disapprove revisions to the
State Implementation Plan (SIP) submitted by the State of Missouri on
February 17, 2022. In its submission, the Missouri Department of
Natural Resources (MoDNR) requested that revisions to a 2016
Administrative Order on Consent (AOC) for controlling sulfur dioxide
(SO2) emissions at the Lake Road power plant (hereinafter
referred to as ``2016 AOC'') be approved in the SIP. This final action
amends the SIP to establish more stringent fuel oil sulfur content
limits, remove SO2 emission limits that are no longer needed
due to the strengthened fuel oil sulfur requirements, and streamline
reporting requirements. The approved SIP changes meet the requirements
of the Clean Air Act (CAA). This final action also disapproves a new
provision in the AOC that would potentially allow Lake Road to exceed
the fuel oil sulfur content limits on a temporary basis.
DATES: This final rule is effective on August 2, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2023-0201. 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., 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 information.
FOR FURTHER INFORMATION CONTACT: Allie Donohue, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7986; 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 Considerations
VI. Statutory and Executive Order Reviews
I. What is being addressed in this document?
The EPA is partially approving and partially disapproving a SIP
revision submitted by the State of Missouri on February 17, 2022. In
its submission, MoDNR requested that AOC No. APCP-2015-118 between
MoDNR and Evergy (formerly Kansas City Power & Light) submitted in
2016, and amended in 2018 (Amendment #1), be replaced with Amendment #2
to the AOC in the SIP. The EPA is approving these SIP revisions, with
the exception of Amendment #2 paragraph 12.A. The approved revisions
meet the requirements of the Clean Air Act. The EPA is disapproving
Amendment #2 paragraph 12.A. because this provision potentially allows
Lake Road to burn fuel oil with a sulfur content greater than the
sulfur content limit of 15 parts per million (ppm) on a temporary
basis. Paragraph 12.A. is severable from Amendment #2 because it is a
new paragraph that was not previously included in the 2016 AOC or
Amendment #1, and it is not approved in the SIP. The EPA proposed to
partially approve and partially disapprove this submission on April 26,
2023 (88 FR 25309). The EPA's analysis of the State's requested SIP
revisions can be found in section II of the proposed rule and in more
detail in the technical support document (TSD) included in this docket.
[[Page 42641]]
II. Have the requirements for approval of a SIP revision been met?
With respect to the portions of the submittal which EPA is
approving, the State submission 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 November 1,
2021, to December 9, 2021 and received no comments. In addition, as
explained above and in more detail in the TSD which is part of this
docket, the revision meets the substantive SIP requirements of the CAA,
including section 110 and implementing regulations.
As explained in section II of the proposed rule and further in the
TSD, the EPA is disapproving Amendment #2 paragraph 12.A.
The EPA received no comments on the proposed rule during the public
comment period which opened April 26, 2023, the date of its publication
in the Federal Register, and closed on May 26, 2023.
III. What action is the EPA taking?
The EPA is taking final action to amend the Missouri SIP by
partially approving and partially disapproving the State's submittal.
Under section 179(a) of the CAA, final disapproval of a submittal that
addresses a requirement of part D, title I of the CAA (CAA sections
171-193) or is required in response to a finding of substantial
inadequacy as described in CAA section 110(k)(5) (SIP Call) starts a
sanctions clock. The Missouri SIP submission that we are partially
disapproving was not submitted to meet either of these requirements.
Therefore, this partial disapproval will not trigger mandatory
sanctions under CAA section 179. In addition, CAA section 110(c)(1)
provides that the EPA must promulgate a Federal Implementation Plan
(FIP) within two years after either finding that a State has failed to
make a required submission or disapproving a SIP submission in whole or
in part, unless the EPA approves a SIP revision correcting the
deficiencies within that two-year period. With respect to our partial
disapproval of Missouri's SIP submission, however, we conclude that any
FIP obligation resulting from this partial disapproval is satisfied by
our determination that there is no deficiency in the SIP to correct.
Specifically, we are approving all revisions with the exception of
Amendment #2 paragraph 12.A.
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 Amendment #2 to Administrative Order on Consent, State
effective October 18, 2021, between MoDNR and Evergy related to
controlling SO2 emissions at the Lake Road power plant
discussed in section I of this preamble and 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).
Also, in this document, as described in the amendments to 40 CFR
part 52 set forth below, the EPA is removing provisions of the EPA-
Approved Missouri Administrative Order on Consent and Amendment #1
(State effective September 27, 2018) from the Missouri State
Implementation Plan, which is incorporated by reference in accordance
with the requirements of 1 CFR part 51. As described in the amendments
to 40 CFR part 52 set forth below, EPA is also removing an outdated
reference to the St. Joseph Light and Power So2 consent
agreement (State effective May 21, 2001).
V. Environmental Justice Considerations
The EPA reviewed demographic data, which provides an assessment of
individual demographic groups of the populations living within a 2-mile
radius of the Lake Road facility Census 2010 Summary Report available
on its environmental justice (EJ) screening and mapping tool
(``EJSCREEN''). The EPA then compared the data to the State average for
each of the demographic groups using 2010 State census data from the
United States Census Bureau. The results of this analysis are being
provided for informational and transparency purposes. The results of
the demographic analysis indicate that, for populations within the 2-
mile radius of the Lake Road facility, the percent of people of color
(persons who reported their race as a category other than White alone
(not Hispanic or Latino)) is less than the national average (16 percent
versus 21 percent). Within people of color, the percent of the
population that is Black or African American alone is lower than the
State average (3 percent versus 12 percent) and the percent of the
population that is American Indian/Alaska Native is similar to the
State average (1 percent versus 1 percent). The percent of the
population that is two or more races is similar to the State average (3
percent versus 3 percent). The percent of people with low income within
the 2-mile radius of the Lake Road facility is higher than the State
average (41 percent versus 31 percent).
VI. 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) 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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
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
[[Page 42642]]
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,
February 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.''
The air agency 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. The EPA performed an environmental justice analysis, as is
described above in the section titled, ``Environmental Justice
Considerations.'' The analysis was done for the purpose of providing
additional context and information about this rulemaking to the public,
not as a basis of the action. In addition, there is no information in
the record upon which this decision is based 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 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 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 September 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, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: June 26, 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, in the table in paragraph (d):
0
a. Remove and reserve entries ``(17)'', ``(32)'', and ``(33)''; and
0
b. Add entry ``(38)'' in numerical order.
The addition reads as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(d) * * *
EPA-Approved Missouri Source-Specific Permits and Orders
----------------------------------------------------------------------------------------------------------------
State effective
Name of source Order/permit No. date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(38) Kansas City Power and Amendment #2 to 10/18/2021........ 7/3/2023, [insert EPA is approving
Light--Lake Road Facility. Administrative Federal Register Amendment #2 to
Order on Consent citation]. AOC No. APCP-2015-
No. APCP-2015-118. 118, except for
paragraph 12.A.
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2023-13979 Filed 6-30-23; 8:45 am]
BILLING CODE 6560-50-P
