Air Plan Approval; MO; Control of Emissions From Volatile Organic Liquid Storage, 57018-57020 [2023-17986]
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57018
Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
40 CFR Part 52
I. Written Comments
[EPA–R07–OAR–2023–0403; FRL–11259–
01–R7]
Air Plan Approval; MO; Control of
Emissions From Volatile Organic
Liquid Storage
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the Missouri State
Implementation Plan (SIP) related to the
control of emissions from volatile
organic liquid storage. The revisions to
this rule include adding incorporations
by reference to other state rules, adding
definitions specific to the rule, revising
unnecessarily restrictive or duplicative
language, and making administrative
wording changes. These revisions do
not impact the stringency of the SIP or
have an adverse effect on air quality.
The EPA’s proposed approval of this
rule revision is being done in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: Comments must be received on
or before September 21, 2023.
ADDRESSES: You may send comments,
identified by Docket ID No. EPA–R07–
OAR–2023–0403 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:
Bethany Olson, Environmental
Protection Agency, Region 7 Office, Air
Permitting and Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas
66219; telephone number: (913) 551–
7905; email address: olson.bethany@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
lotter on DSK11XQN23PROD with PROPOSALS1
SUMMARY:
Table of Contents
I. Written Comments
II. What is being addressed in this document?
III. Have the requirements for approval of a
SIP revision been met?
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Submit your comments, identified by
Docket ID No. EPA–R07–OAR–2023–
0403, 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
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
www.epa.gov/dockets/commenting-epadockets.
II. What is being addressed in this
document?
The EPA is proposing to approve
revisions to the Missouri SIP received
on February 15, 2019, and June 10,
2021, and a supplemental submission
on April 24, 2023. The revisions are to
Title 10, Division 10 of the Code of State
Regulations (CSR), 10 CSR 10–5.500
‘‘Control of Emissions from Volatile
Organic Liquid Storage.’’ The purpose of
the state regulation is to limit the
volatile organic compound (VOC)
emissions from installations with
volatile organic liquid storage vessels in
the St. Louis 1997 eight (8)-hour ozone
nonattainment area by incorporating
reasonably available control technology
(RACT) as required by the Clean Air Act
Amendments (CAAA) of 1990. Missouri
made multiple revisions to the rule.
These proposed revisions add
incorporations by reference to other
state rules, add definitions specific to
the rule, revise unnecessarily restrictive
or duplicative language, and make
administrative wording changes. EPA
proposes to find that these revisions
meet the requirements of the Clean Air
Act, do not impact the stringency of the
SIP, and do not adversely impact air
quality. The full text of the rule
revisions as well as EPA’s analysis of
the revisions can be found in the
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technical support document (TSD)
included in this docket.
III. 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 the first SIP revision
from June 15, 2018, to September 6,
2018, and held a public hearing on
August 30, 2018. Missouri received ten
comments from two sources during the
comment period on 10 CSR 10–5.500.
The EPA provided nine comments.
Missouri responded to all comments
and revised the rule based on public
comments prior to submitting to EPA, as
noted in the State submission included
in the docket for this action. The State
provided public notice on the second
SIP revision from November 15, 2019, to
February 6, 2020, and held a public
hearing on January 30, 2018. Missouri
received one comment from a staff
member during the comment period.
The State revised the rule purpose
statement based on the comment prior
to submitting to EPA. As explained
above and in more detail in the
technical support document which is
part of this document, the revisions
meet the substantive SIP requirements
of the CAA, including section 110 and
implementing regulations.
IV. 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 10–5.500
‘‘Control of Emissions from Volatile
Organic Liquid Storage.’’ 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.
V. 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 finalize
the incorporation by reference of the
Missouri rule 10 CSR 10–5.500, with a
state effective date of July 30, 2020,
which regulates emissions from volatile
organic liquid storage. 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
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Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Proposed Rules
section of this
preamble for more information).
INFORMATION CONTACT
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
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 Missouri Department of Natural
Resources 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. Due to the nature of the action
being taken here, this action is expected
to have a neutral to positive impact on
the air quality of the affected area.
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: August 16, 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
‘‘10–5.500’’ to read as follows:
■
§ 52.1320
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED MISSOURI REGULATIONS
Missouri
citation
State effective
date
Title
EPA approval date
Explanation
Missouri Department of Natural Resources
*
*
*
*
*
*
*
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Chapter 5—Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
*
10–5.500 .........
*
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*
Control of Emissions From Volatile
Organic Liquid Storage.
*
16:26 Aug 21, 2023
7/30/2020
*
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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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*
*
Section (2)(N)4 is not SIP-approved. Section (5)(F) retains a
previously approved version of
the state rule text.
*
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57020
*
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Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Proposed Rules
*
*
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
www.epa.gov/dockets/commenting-epadockets.
*
[FR Doc. 2023–17986 Filed 8–21–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2023–0089; FRL–10213–
01–Region 3]
Air Plan Approval; Virginia; 1997 8Hour Ozone National Ambient Air
Quality Standard Second Maintenance
Plan for the Hampton Roads Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
state implementation plan (SIP) revision
submitted by the Commonwealth of
Virginia (Commonwealth or Virginia).
This revision pertains to the
Commonwealth’s plan, submitted by the
Virginia Department of Environmental
Quality (VADEQ), for maintaining the
1997 8-hour ozone national ambient air
quality standard (NAAQS) (referred to
as the 1997 ozone NAAQS) in the
Norfolk-Virginia Beach-Newport News
(Hampton Roads), VA Area (Hampton
Roads Area or Area). This action is
being taken under the Clean Air Act
(CAA).
SUMMARY:
Written comments must be
received on or before September 21,
2023.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2023–0089 at
www.regulations.gov, or via email to
gordon.mike@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, 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 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. 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
lotter on DSK11XQN23PROD with PROPOSALS1
ADDRESSES:
VerDate Sep<11>2014
16:26 Aug 21, 2023
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Om
P. Devkota, Planning & Implementation
Branch (3AD30), Air & Radiation
Division, U.S. Environmental Protection
Agency, Region III, Four Penn Center,
1600 John F. Kennedy Boulevard,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–2172.
Mr. Devkota can also be reached via
electronic mail at devkota.om@epa.gov.
SUPPLEMENTARY INFORMATION: On
September 9, 2022, the VADEQ
submitted a revision to the Virginia SIP
to incorporate a plan for maintaining the
1997 ozone NAAQS through December
31, 2032 in accordance with CAA
section 175A.
FOR FURTHER INFORMATION CONTACT:
I. Background
In 1979, under section 109 of the
CAA, EPA established primary and
secondary NAAQS for ozone at 0.12
parts per million (ppm), averaged over
a 1-hour period. 44 FR 8202 (February
8, 1979). On July 18, 1997 (62 FR
38856),1 EPA revised the primary and
secondary NAAQS for ozone to set the
acceptable level of ozone in the ambient
air at 0.08 ppm, averaged over an 8-hour
period. EPA set the 1997 ozone NAAQS
based on scientific evidence
demonstrating that ozone causes
adverse health effects at lower
concentrations and over longer periods
of time than was understood when the
pre-existing 1-hour ozone NAAQS was
set.
Following promulgation of a new or
revised NAAQS, EPA is required by the
CAA to designate areas throughout the
nation as attaining or not attaining the
NAAQS. On April 30, 2004 (69 FR
23858), EPA designated the Hampton
Roads Area as moderate nonattainment
for the 1997 ozone NAAQS. The 1997
Hampton Roads Ozone Maintenance
Area includes the counties of
Gloucester, Isle of Wight, James City,
and York, as well as the cities of
Chesapeake, Hampton, Newport News,
1 In March 2008, EPA completed another review
of the primary and secondary ozone standards and
tightened them further by lowering the level for
both to 0.075 ppm. 73 FR 16436 (March 27, 2008).
Additionally, in October 2015, EPA completed a
review of the primary and secondary ozone
standards and tightened them by lowering the level
for both to 0.070 ppm. 80 FR 65292 (October 26,
2015).
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Norfolk, Poquoson, Portsmouth, Suffolk,
Virginia Beach, and Williamsburg.
Once a nonattainment area has three
years of complete and certified air
quality data that has been determined to
attain the NAAQS, and the area has met
the other criteria outlined in CAA
section 107(d)(3)(E),2 the state can
submit a request to EPA to redesignate
the area to attainment. Areas that have
been redesignated by EPA from
nonattainment to attainment are referred
to as ‘‘maintenance areas.’’ One of the
criteria for redesignation is to have an
approved maintenance plan, under CAA
section 175A. The maintenance plan
must demonstrate that the area will
continue to maintain the standard for
the period extending 10 years after
redesignation, and it must contain such
additional measures as necessary to
ensure maintenance as well as
contingency measures as necessary to
assure that violations of the standard
will be promptly corrected.
On June 1, 2007 (72 FR 30490), EPA
approved a redesignation request (and
maintenance plan) from VADEQ for the
Hampton Roads Area. EPA published
final approval of the redesignation
request and maintenance plan on June
1, 2007 (72 FR 30490), and, as of that
time, the area was designated as
attainment for the 1997 ozone NAAQS.
In accordance with CAA section
175A(b), at the end of the eighth year
after the effective date of the
redesignation, the state must also
submit a second maintenance plan to
ensure ongoing maintenance of the
standard for an additional 10 years.
EPA’s final implementation rule for
the 2008 ozone NAAQS revoked the
1997 ozone NAAQS and provided that
one consequence of revocation was that
areas that had been redesignated to
attainment (i.e., maintenance areas) for
the 1997 ozone NAAQS no longer
needed to submit second 10-year
maintenance plans under CAA section
175A(b).3 However, in South Coast Air
Quality Management District v. EPA 4
(South Coast II), the United States Court
of Appeals for the District of Columbia
vacated EPA’s interpretation that,
because of the revocation of the 1997
ozone standard, second maintenance
plans were not required for ‘‘orphan
maintenance areas,’’ (i.e., areas like the
2 The requirements of CAA section 107(d)(3)(E)
include attainment of the NAAQS, full approval
under section 110(k) of the applicable SIP,
determination that improvement in air quality is a
result of permanent and enforceable reductions in
emissions, demonstration that the state has met all
applicable section 110 and part D requirements, and
a fully approved maintenance plan under CAA
section 175A.
3 See 80 FR 12315 (March 6, 2015).
4 882 F.3d 1138 (D.C. Cir. 2018).
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[Federal Register Volume 88, Number 161 (Tuesday, August 22, 2023)]
[Proposed Rules]
[Pages 57018-57020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17986]
[[Page 57018]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2023-0403; FRL-11259-01-R7]
Air Plan Approval; MO; Control of Emissions From Volatile Organic
Liquid Storage
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Missouri State Implementation Plan (SIP)
related to the control of emissions from volatile organic liquid
storage. The revisions to this rule include adding incorporations by
reference to other state rules, adding definitions specific to the
rule, revising unnecessarily restrictive or duplicative language, and
making administrative wording changes. These revisions do not impact
the stringency of the SIP or have an adverse effect on air quality. The
EPA's proposed approval of this rule revision is being done in
accordance with the requirements of the Clean Air Act (CAA).
DATES: Comments must be received on or before September 21, 2023.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2023-0403 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: Bethany Olson, Environmental
Protection Agency, Region 7 Office, Air Permitting and Planning Branch,
11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913)
551-7905; email address: [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.
Table of Contents
I. Written Comments
II. What is being addressed in this document?
III. Have the requirements for approval of a SIP revision been met?
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2023-
0403, 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 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
www.epa.gov/dockets/commenting-epa-dockets.
II. What is being addressed in this document?
The EPA is proposing to approve revisions to the Missouri SIP
received on February 15, 2019, and June 10, 2021, and a supplemental
submission on April 24, 2023. The revisions are to Title 10, Division
10 of the Code of State Regulations (CSR), 10 CSR 10-5.500 ``Control of
Emissions from Volatile Organic Liquid Storage.'' The purpose of the
state regulation is to limit the volatile organic compound (VOC)
emissions from installations with volatile organic liquid storage
vessels in the St. Louis 1997 eight (8)-hour ozone nonattainment area
by incorporating reasonably available control technology (RACT) as
required by the Clean Air Act Amendments (CAAA) of 1990. Missouri made
multiple revisions to the rule. These proposed revisions add
incorporations by reference to other state rules, add definitions
specific to the rule, revise unnecessarily restrictive or duplicative
language, and make administrative wording changes. EPA proposes to find
that these revisions meet the requirements of the Clean Air Act, do not
impact the stringency of the SIP, and do not adversely impact air
quality. The full text of the rule revisions as well as EPA's analysis
of the revisions can be found in the technical support document (TSD)
included in this docket.
III. 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 the first SIP revision from June 15,
2018, to September 6, 2018, and held a public hearing on August 30,
2018. Missouri received ten comments from two sources during the
comment period on 10 CSR 10-5.500. The EPA provided nine comments.
Missouri responded to all comments and revised the rule based on public
comments prior to submitting to EPA, as noted in the State submission
included in the docket for this action. The State provided public
notice on the second SIP revision from November 15, 2019, to February
6, 2020, and held a public hearing on January 30, 2018. Missouri
received one comment from a staff member during the comment period. The
State revised the rule purpose statement based on the comment prior to
submitting to EPA. As explained above and in more detail in the
technical support document which is part of this document, the
revisions meet the substantive SIP requirements of the CAA, including
section 110 and implementing regulations.
IV. 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 10-5.500 ``Control of Emissions from
Volatile Organic Liquid Storage.'' 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.
V. 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
finalize the incorporation by reference of the Missouri rule 10 CSR 10-
5.500, with a state effective date of July 30, 2020, which regulates
emissions from volatile organic liquid storage. 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
[[Page 57019]]
INFORMATION CONTACT section of this preamble for more information).
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 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 Missouri Department of Natural Resources 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. Due to the nature of the action being
taken here, this action is expected to have a neutral to positive
impact on the air quality of the affected area. 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: August 16, 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 ``10-5.500'' 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 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
10-5.500................. Control of Emissions 7/30/2020 [Date of publication Section (2)(N)4 is
From Volatile Organic of the final rule in not SIP-approved.
Liquid Storage. the Federal Section (5)(F)
Register], [Federal retains a previously
Register citation of approved version of
the final rule]. the state rule text.
* * * * * * *
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[[Page 57020]]
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[FR Doc. 2023-17986 Filed 8-21-23; 8:45 am]
BILLING CODE 6560-50-P
