Air Plan Approval; State of Missouri; Construction Permits by Rule, 51711-51713 [2023-15848]
Download as PDF
<![CDATA[
Federal Register / Vol. 88, No. 149 / Friday, August 4, 2023 / Rules and Regulations
*
*
*
*
*
CONTACT section for additional
information.
[FR Doc. 2023–15964 Filed 8–3–23; 8:45 am]
BILLING CODE 6560–50–P
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: brown.steven@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2023–0197; FRL–10826–
02–R7]
Air Plan Approval; State of Missouri;
Construction Permits by Rule
Table of Contents
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
the Missouri State Implementation Plan
(SIP) received on August 4, 2022. The
submission removes a provision in the
Missouri regulation ‘‘Construction
Permits By Rule’’ that allows the
burning of illegal and waste
pharmaceutical drugs in crematories
and animal incinerators. In the previous
revision, submitted to EPA on March 7,
2019, EPA approved selected revisions
of the rule but did not act on a portion
of the revision that included the
disposal of pharmaceuticals in
crematories and animal incinerators
because it conflicted with federal
requirements on the incineration of
illegal and waste pharmaceuticals. By
removing the conflicting language,
approval of these revisions ensures
consistency between State and federally
approved rules. These revisions along
with other minor text changes 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).
SUMMARY:
This final rule is effective on
September 5, 2023.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2023–0197. 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
TKELLEY on DSK125TN23PROD with RULES1
DATES:
VerDate Sep<11>2014
15:58 Aug 03, 2023
Jkt 259001
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
August 4, 2022. Missouri requested the
EPA to approve revisions to 10 Code of
State Regulations (CSR) 10–6.062 in the
Missouri SIP. The state has revised the
rule to remove a provision in the
Missouri regulation, ‘‘Construction
Permits By Rule’’ that allowed the
burning of illegal and waste
pharmaceutical drugs in crematories
and animal incinerators. In the previous
revision, submitted to EPA on March 7,
2019, and in a final rulemaking, EPA
approved selected revisions of the rule
but did not act on a portion of the
revision that included the disposal of
pharmaceutical drugs because it
conflicted with federal requirements on
the incineration of illegal and waste
pharmaceuticals. After review and
analysis of the revisions, the EPA
concluded 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
12/01/2021 to 2/03/2022 and received
no comments. The EPA’s Notice of
Proposed Rulemaking (NPRM) and
supporting information contained in the
docket were made available for public
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
51711
comment from May 22, 2023, to June 21,
2023 (88 FR 32715).
The EPA received one comment. The
commenter did not support the
incineration of illegal and waste
pharmaceuticals because of the
potential negative human health and
environmental impacts. The state
removed the language in the rule
allowing the incineration of illegal and
waste pharmaceuticals. Therefore, the
rule is consistent with federal
regulations and EPA is able to approve
this revision. The comment is included
in the docket.
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.
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 10–6.062
‘‘Construction Permits By Rule.’’
Approval of these revisions will ensure
consistency between State and federally
approved rules. As described in the
NPRM (88 FR 32715), 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 10–6.062, state
effective date July 30, 2022, which
regulates the process by which sources
can be exempt from 10 CSR 10–6.060
Construction Permits Required. 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
1 62
E:\FR\FM\04AUR1.SGM
FR 27968, May 22, 1997.
04AUR1
51712
Federal Register / Vol. 88, No. 149 / Friday, August 4, 2023 / Rules and Regulations
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) 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
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 October 3, 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, Carbon monoxide,
Incorporation by reference, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: July 21, 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
‘‘10–6.062’’ to read as follows:
■
§ 52.1320
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED MISSOURI REGULATIONS
TKELLEY on DSK125TN23PROD with RULES1
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
VerDate Sep<11>2014
15:58 Aug 03, 2023
Jkt 259001
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
E:\FR\FM\04AUR1.SGM
04AUR1
51713
Federal Register / Vol. 88, No. 149 / Friday, August 4, 2023 / Rules and Regulations
EPA-APPROVED MISSOURI REGULATIONS—Continued
State
effective
date
Missouri citation
Title
*
10–6.062 ...........
*
*
Construction Permits by Rule ................
*
*
*
*
*
*
*
*
[FR Doc. 2023–15848 Filed 8–3–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2021–0618; FRL–9242–02–
R4]
Air Plan Approval; North Carolina;
Volatile Organic Compound
Regulations
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing the approval
of a State Implementation Plan (SIP)
revision to the North Carolina SIP,
submitted by the State of North Carolina
through the North Carolina Department
of Environmental Quality (NCDEQ),
Division of Air Quality (NCDAQ), via a
letter dated April 13, 2021. This SIP
revision updates several NCDEQ air
regulations which apply to sources that
emit volatile organic compounds (VOC).
DATES: This rule is effective September
8, 2023.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2021–0618. All documents in the docket
are listed on the regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information 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 either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
TKELLEY on DSK125TN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
15:58 Aug 03, 2023
Jkt 259001
EPA approval date
*
7/30/2022
*
*
8/4/2023, [insert Federal Register citation].
*
*
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Jane
Spann, Air Regulatory Management
Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
Ms. Spann can be reached via electronic
mail at spann.jane@epa.gov or via
telephone at (404) 562–9029.
SUPPLEMENTARY INFORMATION:
I. What action is EPA proposing to
take?
EPA is finalizing the approval of
changes to North Carolina’s SIP that
were provided to EPA through NCDAQ
via a letter dated April 13, 2021.1
Specifically, EPA is approving changes
to 15A North Carolina Administrative
Code (NCAC) Subchapter 02D, Section
.0900, Volatile Organic Compounds
(hereinafter referred to as Section
.0900).2 The April 13, 2021, revision to
the North Carolina SIP transmits a few
substantive changes and a number of
changes that do not alter the meaning of
the regulations, such as clarifying
changes, updated cross-references, and
several ministerial language changes. In
addition, other changes include adding,
deleting, and editing definitions and
adding SIP-strengthening language.
North Carolina’s Section .0900 rules
regulate sources that emit greater than
or equal to 15 pounds of VOC per day,
unless otherwise specified in Section
.0900. Most of the SIP changes to
Section .0900 are ministerial and
formatting changes, with clarifying
1 EPA notes that the submittal was received
through the State Planning Electronic Collaboration
System (SPeCS) on April 14, 2021. For clarity, this
notice will refer to the submittal by the date on the
cover letter, which is April 13, 2021.
2 EPA notes that the Agency received several
submittals revising the North Carolina SIP that were
transmitted with the same April 13, 2021, cover
letter. EPA has considered and will be considering
action for these other SIP revisions in separate
rulemakings.
PO 00000
Frm 00019
Fmt 4700
Explanation
Sfmt 4700
*
*
*
changes throughout. Specifically, EPA is
approving changes to Rules .0901,
Definitions; .0902, Applicability; .0903,
Recordkeeping: Reporting: Monitoring;
.0906, Circumvention; .0909,
Compliance Schedules for Sources in
Ozone Nonattainment and Maintenance
Areas; .0912, General Provisions on Test
Methods and Procedures; .0918, Can
Coating; .0919, Coil Coating; .0922,
Metal Furniture Coatings; .0923, Surface
Coating of Large Appliance Parts; .0924,
Magnet Wire Coating; .0925, Petroleum
Liquid Storage in Fixed Roof Tanks;
.0928, Gasoline Service Stations Stage 1;
.0930, Solvent Metal Cleaning; .0931,
Cutback Asphalt; .0933, Petroleum
Liquid Storage in External Floating Roof
Tanks; .0935, Factory Surface Coating of
Flat Wood Paneling; .0937, Manufacture
of Pneumatic Rubber Tires; .0943,
Synthetic Organic Chemical and
Polymer Manufacturing; .0944,
Manufacture of Polyethylene:
Polypropylene and Polystyrene; .0945
Petroleum Dry Cleaning; .0947,
Manufacture of Synthesized
Pharmaceutical Products; .0948, VOC
Emissions from Transfer Operations;
.0949, Storage of Miscellaneous Volatile
Organic Compounds; .0951, RACT For
Sources of Volatile Organic
Compounds; .0955, Thread Bonding
Manufacturing; .0956, Glass Christmas
Ornament Manufacturing; .0957,
Commercial Bakeries; .0961, Offset
Lithographic Printing and Letterpress
Printing; .0962, Industrial Cleaning
Solvents; .0963, Fiberglass Boat
Manufacturing Materials; .0964,
Miscellaneous Industrial Adhesives;
.0965, Flexible Package Printing; .0966,
Paper, Film and Foil Coatings; .0967,
Miscellaneous Metal and Plastic Parts
Coatings; and .0968, Automobile and
Light Duty Truck Assembly Coatings.3
Through a notice of proposed
rulemaking (NPRM), published on June
13, 2023, EPA proposed to approve
North Carolina’s April 13, 2021,
submission. The proposed changes
included various ministerial and minor
changes to language and other clarifying
changes throughout North Carolina’s
3 Hereinafter, the North Carolina Rules will be
identified by ‘‘Rule’’ and the accompanying
number, e.g., Rule .0901.
E:\FR\FM\04AUR1.SGM
04AUR1
]]>Agencies
[Federal Register Volume 88, Number 149 (Friday, August 4, 2023)]
[Rules and Regulations]
[Pages 51711-51713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15848]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2023-0197; FRL-10826-02-R7]
Air Plan Approval; State of Missouri; Construction Permits by
Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Missouri State Implementation Plan (SIP) received on
August 4, 2022. The submission removes a provision in the Missouri
regulation ``Construction Permits By Rule'' that allows the burning of
illegal and waste pharmaceutical drugs in crematories and animal
incinerators. In the previous revision, submitted to EPA on March 7,
2019, EPA approved selected revisions of the rule but did not act on a
portion of the revision that included the disposal of pharmaceuticals
in crematories and animal incinerators because it conflicted with
federal requirements on the incineration of illegal and waste
pharmaceuticals. By removing the conflicting language, approval of
these revisions ensures consistency between State and federally
approved rules. These revisions along with other minor text changes 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 September 5, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2023-0197. 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 August 4, 2022. Missouri requested the EPA to approve
revisions to 10 Code of State Regulations (CSR) 10-6.062 in the
Missouri SIP. The state has revised the rule to remove a provision in
the Missouri regulation, ``Construction Permits By Rule'' that allowed
the burning of illegal and waste pharmaceutical drugs in crematories
and animal incinerators. In the previous revision, submitted to EPA on
March 7, 2019, and in a final rulemaking, EPA approved selected
revisions of the rule but did not act on a portion of the revision that
included the disposal of pharmaceutical drugs because it conflicted
with federal requirements on the incineration of illegal and waste
pharmaceuticals. After review and analysis of the revisions, the EPA
concluded 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 12/01/2021 to 2/
03/2022 and received no comments. The EPA's Notice of Proposed
Rulemaking (NPRM) and supporting information contained in the docket
were made available for public comment from May 22, 2023, to June 21,
2023 (88 FR 32715).
The EPA received one comment. The commenter did not support the
incineration of illegal and waste pharmaceuticals because of the
potential negative human health and environmental impacts. The state
removed the language in the rule allowing the incineration of illegal
and waste pharmaceuticals. Therefore, the rule is consistent with
federal regulations and EPA is able to approve this revision. The
comment is included in the docket.
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.
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 10-6.062 ``Construction Permits
By Rule.'' Approval of these revisions will ensure consistency between
State and federally approved rules. As described in the NPRM (88 FR
32715), 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 10-6.062, state effective date July 30, 2022,
which regulates the process by which sources can be exempt from 10 CSR
10-6.060 Construction Permits Required. 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\
---------------------------------------------------------------------------
\1\ 62 FR 27968, May 22, 1997.
---------------------------------------------------------------------------
[[Page 51712]]
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) 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 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 October 3, 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, Carbon monoxide,
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: July 21, 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 ``10-6.062'' 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
----------------------------------------------------------------------------------------------------------------
[[Page 51713]]
* * * * * * *
10-6.062..................... Construction Permits by 7/30/2022 8/4/2023, [insert
Rule. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2023-15848 Filed 8-3-23; 8:45 am]
BILLING CODE 6560-50-P
