Air Plan Approval; Missouri; Revisions to the Cross-State Air Pollution Rule SO2 Group 1 Trading Program, 63529-63532 [2023-19947]
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will consider all comments and material
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suggestion or recommendation.
Submitting comments. We encourage
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https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2023–0466 in the search box and
click ‘‘Search.’’ Next, look for this
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List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR 165 as follows:
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63529
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
ENVIRONMENTAL PROTECTION
AGENCY
1. The authority citation for part 165
continues to read as follows:
40 CFR Part 52
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T07–0466 to read as
follows:
■
§ 165. T07–0466 Safety Zone; Wilmington
River, Savannah, GA.
(a) Location. All navigable waters,
from surface to bottom, of the
Wilmington River within a 300-yard
radius of position: 32° 3.73′ N, 81° 1.78′
W in the vicinity of the Causton Bluff
Bridge, Savannah, GA.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Savannah (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by calling (912) 247–
0073. Those in the safety zone must
comply with all lawful orders or
directions given to them by the COTP or
the COTP’s designated representative.
(d) Enforcement periods. The safety
zone in paragraph (a) of this section is
in effect from 12:01 a.m. on September
18, 2023, through 11:59 p.m. on
November 20, 2023. This section will be
subject to enforcement periodically
during daylight hours as needed by the
project manager to safely remove all
remaining bridge structural
components. Mariners will be informed
of enforced zone and enforcement
periods by Broadcast Notice to
Mariners, Myrick’s safety boat on scene
during working hours.
Dated: September 12, 2023.
Nathaniel L. Robinson,
Commander, U.S. Coast Guard, Captain of
the Port, Savannah, GA.
[FR Doc. 2023–20004 Filed 9–14–23; 8:45 am]
BILLING CODE 9110–04–P
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[EPA–R07–OAR–2023–0279; FRL–10989–
02–R7]
Air Plan Approval; Missouri; Revisions
to the Cross-State Air Pollution Rule
SO2 Group 1 Trading Program
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve revisions to the State
Implementation Plan (SIP) submitted on
November 29, 2021, by the State of
Missouri. This final action approves
revisions to a state regulation related to
the Cross-State Air Pollution Rule SO2
Group 1 Trading Program. The revisions
alter the amounts of CSAPR SO2 Group
1 emission allowances that are allocated
to two of the state’s units from the
state’s annual emissions budgets.
Additionally, the revisions make nonsubstantive revisions to rule language
that excludes certain provisions in the
Code of Federal Regulations from
incorporation by reference into the
state’s regulations. Approval of these
revisions will ensure Federal
enforceability of the State’s rules. The
EPA’s approval of these SIP revisions is
being done in accordance with the
requirements of the Clean Air Act
(CAA).
SUMMARY:
This final rule is effective
October 16, 2023.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2023–0279. 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.
DATES:
FOR FURTHER INFORMATION CONTACT:
Gerald McIntyre, Environmental
Protection Agency, Region 7 Office, Air
Permitting and Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas
66219; telephone number: (913) 608–
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8349; email address: mcintyre.gerald@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
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I. Background
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. Background
In the Notice of Proposed Rulemaking
(NPRM) for this action (88 FR 39801),
the EPA explained the background for
the Cross-State Air Pollution Rule
(CSAPR) and its relationship to the
proposed revision to Missouri’s SIP. In
this final rule, the EPA is providing
additional background information from
previous CSAPR actions that does not
alter the EPA’s analysis or decision to
approve the proposed revision to
Missouri’s SIP.
As detailed in the NPRM, the CrossState Air Pollution Rule (CSAPR)
addresses air pollution from upwind
states that crosses state lines and affects
air quality in downwind states. CSAPR
requires fossil fuel-fired electric
generating units at coal-, gas-, and oilfired facilities in 27 states, including
Missouri, to reduce emissions to help
downwind areas attain fine particle
and/or ozone National Ambient Air
Quality Standards (NAAQS).
The emissions reductions required by
CSAPR are implemented through
requirements for affected sources to
participate in several CSAPR allowance
trading programs for emissions of sulfur
dioxide (SO2) and/or nitrogen oxides.
Under a given allowance trading
program, after each control period, each
affected source is required to surrender
an amount of tradable emission
allowances based on the source’s
emissions during the control period.
The trading programs achieve the
required emissions reductions by
limiting the total quantities of
allowances made available for use by all
participating sources rather than by
imposing unit-specific emission control
requirements. The total amount of
allowances that may be newly allocated
among the sources in each state for a
given control period is referred to as the
state’s emissions budget for the control
period.
CSAPR was initially promulgated in
the form of Federal Implementation
Plan (FIP) requirements (76 FR 48208).
However, the CSAPR regulations
include provisions under which the
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EPA will approve certain types of
optional SIP revisions—referred to as
‘‘abbreviated CSAPR SIP’’ and ‘‘full
CSAPR SIP’’ revisions—to modify or
replace the FIP provisions while
allowing states to continue to meet their
underlying obligations using the CSAPR
trading programs.1
An approved abbreviated CSAPR SIP
revision replaces the EPA’s default unitlevel allowance allocation provisions for
the state’s units with the state’s own
unit-level allowance allocation
provisions while leaving the
corresponding CSAPR FIP and all other
provisions of the relevant Federal
trading program in place for the state’s
units. Under such a SIP revision, a state
has complete flexibility as to how to
initially allocate allowances among its
units for each control period, as long as
the overall quantity of allowances
allocated does not exceed the state’s
emission budget for the control period.
An approved full CSAPR SIP revision
replaces a CSAPR Federal trading
program for the state’s units with a state
trading program integrated with the
Federal trading program. For a full
CSAPR SIP revision to be approvable,
the state’s trading program regulations
must be substantively identical to the
corresponding Federal CSAPR trading
program regulations with two
exceptions. First, the state has the same
flexibility with respect to unit-level
allowance allocations it would have
under an abbreviated CSAPR SIP
revision. Second, the state must not
regulate units located in Indian country
not subject to the state’s Clean Air Act
planning jurisdiction, with the
consequence that if the state’s trading
program regulations incorporate the
relevant Federal trading program
regulations by reference, the
incorporation by reference must exclude
the provisions of the Federal regulations
that relate to units in Indian country.
In 2015, Missouri adopted state
regulations at 10 Code of State
Regulations (CSR) 10–6.376 establishing
state-determined unit-level allocations
of CSAPR SO2 Group 1 allowances to
replace the EPA’s default allocations.
The EPA approved the state’s
regulations as an abbreviated CSAPR
SIP revision on June 28, 2016 (see 81 FR
41838). Missouri’s allocations replicated
the EPA’s default allocations with the
exception that the state allocated 1,300
more allowances to Asbury Unit 1 and
1,300 fewer allowances to Iatan Unit 1.
1 See 40 CFR 52.38, 52.39. States also retain the
ability to submit SIP revisions to meet their
underlying obligations using mechanisms other
than the CSAPR federal trading programs or
integrated state trading programs.
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In 2018, Missouri adopted revisions to
10 CSR 10–6.376 incorporating into the
state’s regulations by reference all the
provisions of the Federal CSAPR SO2
Group 1 Trading Program regulations at
40 CFR 97.602 through 97.635 except
the EPA’s default unit-level allowance
allocation provisions and the provisions
relating to units located in Indian
country. The EPA approved the
revisions as a full CSAPR SIP revision
on December 4, 2019 (see 84 FR 66316).
The revisions replaced the Federal
CSAPR SO2 Group 1 Trading Program
regulations for Missouri units with
Missouri’s CSAPR SO2 Group 1 Trading
Program regulations but made no
changes to the previously adopted
provisions of 10 CSR 10–6.376
concerning Missouri’s unit-level
allowance allocations.
On November 29, 2021, Missouri
submitted further revisions to 10 CSR
10–6.376 for approval by the EPA into
the state’s SIP.
II. What is being addressed in this
document?
The EPA is approving the SIP revision
submitted by the State of Missouri on
November 29, 2021. Missouri requested
the EPA to approve revisions to 10 CSR
10–6.376 in the Missouri SIP.
First, the state has revised its rule to
reallocate 1,300 CSAPR SO2 Group 1
emission allowances for each control
period from Asbury Unit 1, which was
retired in March 2020, to Iatan Unit 1.
The total amount of CSAPR SO2 Group
1 allowances allocated by the state to
Iatan Unit 1 will increase from 9,833 to
11,133. The total amount of CSAPR SO2
Group 1 allowances allocated by the
state to Asbury Unit 1 will decrease
from 4,480 to 3,180. (Under other
existing provisions of 10 CSR 10–6.376,
the remaining 3,180 allowances
allocated to Asbury Unit 1 will be
transferred to the new unit set-aside and
then redistributed to other units in the
state.) The state’s revisions do not
change the overall quantity of
allowances made available under the
trading program and will therefore have
no environmental effect. Because the
regulations at 40 CFR 52.39 governing
approvability of CSAPR SIP revisions
give a state complete flexibility as to
how the state initially allocates the
allowances in its emissions budget for
each control period among the state’s
units, Missouri’s revision to the unitlevel allocation provisions of its rule is
approvable.
Second, Missouri has made nonsubstantive revisions to the rule
language concerning the provisions
excluded from incorporation by
reference. The revisions do not change
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the set of provisions of the Federal
regulations that are excluded from the
state’s regulations—i.e., the provisions
relating to the EPA’s default unit-level
allowance allocations and the
provisions relating to units located in
Indian country. The regulations at 40
CFR 52.39 do not prescribe specific
language that must be used to
accomplish the exclusion of these
provisions, so Missouri’s editorial
revision to the rule language is
approvable.
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 this SIP revision from
April 15, 2021 to May 27, 2021 and
received no comments. The NPRM and
supporting information contained in the
docket were made available for public
comment from June 20, 2023, to July 20,
2023 (88 FR 39801) and no comments
were received. In addition, as explained
above, the revision meets the
substantive SIP requirements of the
CAA, including section 110 and
implementing regulations.
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IV. What action is the EPA taking?
The EPA is taking final action to
amend the SIP by approving the State’s
request in its submission dated
November 29, 2021 to revise 10 CSR 10–
6.376 ‘‘Cross-State Air Pollution Rule
Annual SO2 Group 1 Trading Program.’’
Because the EPA has already recorded
Missouri’s previously submitted unitlevel allocations of CSAPR SO2 Group 1
allowances issued for control periods
through 2024 in the sources’ compliance
accounts, Missouri’s revised unit-level
allocations will take effect starting with
allowances issued for the 2025 control
period, in accordance with 40 CFR
52.39(f)(1)(iv) and 10 CSR 10–
6.376(3)(A)1.D.
V. 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 revised
version of Missouri 10 CSR 10–6.376,
state effective date July 29, 2021, setting
forth the revised version of the state’s
CSAPR SO2 Group 1 Trading Program.
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
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contact the person identified in the FOR
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.2
FURTHER 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 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
2 62
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FR 27968, May 22, 1997.
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63531
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 November 14,
2023. Filing a petition for
reconsideration by the Administrator of
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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
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Dated: September 11, 2023.
Meghan A. McCollister,
Regional Administrator, Region 7.
Authority: 42 U.S.C. 7401 et seq.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as set forth below:
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Subpart AA—Missouri
2. In § 52.1320, the table in paragraph
(c) is amended by revising the entry
‘‘10–6.376’’ to read as follows:
■
§ 52.1320
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED MISSOURI REGULATIONS
Missouri
citation
State
effective
date
Title
EPA approval date
Explanation
Missouri Department of Natural Resources
*
*
*
*
*
*
*
Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of
Missouri
*
10–6.376 ...........................
*
*
*
*
*
*
Cross-State Air Pollution Rule SO2
7/29/2021
Group 1 Trading Program.
*
*
*
*
BILLING CODE 6560–50–P
GENERAL SERVICES
ADMINISTRATION
41 CFR Chapter 302
[Notice–MA–2023–08; Docket No. 2023–
0002; Sequence No. 31]
Federal Travel Regulation (FTR);
Relocation Allowances—Waiver of
Certain Provisions for Official
Relocation Travel to Locations in
Florida and South Carolina Impacted
by Hurricane Idalia
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GSA Bulletin FTR 23–08,
Waiver of certain Federal Travel
Regulation (FTR) provisions for official
relocation travel to locations in Florida
and South Carolina impacted by
Hurricane Idalia, informs Federal
15:49 Sep 14, 2023
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Applicability date: The
notification is retroactively applicable
for official relocation travel impacted by
Hurricane Idalia that is/was performed
on or after the incident period start
dates: (a) August 27, 2023, based on
Presidential Disaster Declaration EM–
3596–FL dated August 28, 2023, to
designated areas in Florida, (b) August
27, 2023, based on Presidential Disaster
Declaration DR–4734–FL dated August
31, 2023, to designated areas in Florida,
DATES:
Office of Government-wide
Policy (OGP), General Services
Administration (GSA).
ACTION: Notification of GSA Bulletin
FTR 23–08.
AGENCY:
VerDate Sep<11>2014
*
agencies that certain provisions of the
FTR governing official relocation travel
are temporarily waived for Florida and
South Carolina locations impacted by
Hurricane Idalia. As a result of the
storm damage caused by Hurricane
Idalia, agencies should consider
delaying all non-essential relocations to
the affected areas given the statutory
120-day maximum for payment of
temporary quarters subsistence
expenses (TQSE). Due to the lasting
effects of the storm damage to these
affected areas, finding lodging facilities
and/or adequate meals may be difficult,
and distance involved may be great,
resulting in increased cost for relocation
subsistence expenses.
*
[FR Doc. 2023–19947 Filed 9–14–23; 8:45 am]
SUMMARY:
*
*
*
9/15/2023, [insert Federal Register citation].
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*
*
*
and (c) August 29, 2023, based on
Presidential Disaster Declaration EM–
3597–SC dated August 31, 2023, to
designated areas in South Carolina. The
FTR Bulletin expires 180 days from the
respective applicability dates, unless
extended or rescinded by this office.
Mr.
Rick Miller, Senior Policy Analyst,
Office of Government-wide Policy,
Office of Asset and Transportation
Management, at 202–501–3822 or by
email at travelpolicy@gsa.gov. Please
cite Notice of GSA Bulletin FTR 23–08.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
Federal agencies authorize relocation
entitlements to those individuals listed
at FTR § 302–1.1 and those assigned
under the Government Employees
Training Act (GETA) (5 U.S.C. Chapter
41) which must be used within one
year. Some agencies will authorize
TQSE and a Househunting trip (HHT) to
assist employees with temporary
expenses incurred in connection with
relocating to a new duty station. The
FTR limits where temporary lodging
may occur, how long employees may
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]]>Agencies
[Federal Register Volume 88, Number 178 (Friday, September 15, 2023)]
[Rules and Regulations]
[Pages 63529-63532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19947]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2023-0279; FRL-10989-02-R7]
Air Plan Approval; Missouri; Revisions to the Cross-State Air
Pollution Rule SO2 Group 1 Trading Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the State Implementation Plan (SIP)
submitted on November 29, 2021, by the State of Missouri. This final
action approves revisions to a state regulation related to the Cross-
State Air Pollution Rule SO2 Group 1 Trading Program. The
revisions alter the amounts of CSAPR SO2 Group 1 emission
allowances that are allocated to two of the state's units from the
state's annual emissions budgets. Additionally, the revisions make non-
substantive revisions to rule language that excludes certain provisions
in the Code of Federal Regulations from incorporation by reference into
the state's regulations. Approval of these revisions will ensure
Federal enforceability of the State's rules. The EPA's approval of
these SIP revisions is being done in accordance with the requirements
of the Clean Air Act (CAA).
DATES: This final rule is effective October 16, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2023-0279. 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: Gerald McIntyre, Environmental
Protection Agency, Region 7 Office, Air Permitting and Planning Branch,
11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913)
608-
[[Page 63530]]
8349; email address: [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.
Table of Contents
I. Background
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. Background
In the Notice of Proposed Rulemaking (NPRM) for this action (88 FR
39801), the EPA explained the background for the Cross-State Air
Pollution Rule (CSAPR) and its relationship to the proposed revision to
Missouri's SIP. In this final rule, the EPA is providing additional
background information from previous CSAPR actions that does not alter
the EPA's analysis or decision to approve the proposed revision to
Missouri's SIP.
As detailed in the NPRM, the Cross-State Air Pollution Rule (CSAPR)
addresses air pollution from upwind states that crosses state lines and
affects air quality in downwind states. CSAPR requires fossil fuel-
fired electric generating units at coal-, gas-, and oil-fired
facilities in 27 states, including Missouri, to reduce emissions to
help downwind areas attain fine particle and/or ozone National Ambient
Air Quality Standards (NAAQS).
The emissions reductions required by CSAPR are implemented through
requirements for affected sources to participate in several CSAPR
allowance trading programs for emissions of sulfur dioxide
(SO2) and/or nitrogen oxides. Under a given allowance
trading program, after each control period, each affected source is
required to surrender an amount of tradable emission allowances based
on the source's emissions during the control period. The trading
programs achieve the required emissions reductions by limiting the
total quantities of allowances made available for use by all
participating sources rather than by imposing unit-specific emission
control requirements. The total amount of allowances that may be newly
allocated among the sources in each state for a given control period is
referred to as the state's emissions budget for the control period.
CSAPR was initially promulgated in the form of Federal
Implementation Plan (FIP) requirements (76 FR 48208). However, the
CSAPR regulations include provisions under which the EPA will approve
certain types of optional SIP revisions--referred to as ``abbreviated
CSAPR SIP'' and ``full CSAPR SIP'' revisions--to modify or replace the
FIP provisions while allowing states to continue to meet their
underlying obligations using the CSAPR trading programs.\1\
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\1\ See 40 CFR 52.38, 52.39. States also retain the ability to
submit SIP revisions to meet their underlying obligations using
mechanisms other than the CSAPR federal trading programs or
integrated state trading programs.
---------------------------------------------------------------------------
An approved abbreviated CSAPR SIP revision replaces the EPA's
default unit-level allowance allocation provisions for the state's
units with the state's own unit-level allowance allocation provisions
while leaving the corresponding CSAPR FIP and all other provisions of
the relevant Federal trading program in place for the state's units.
Under such a SIP revision, a state has complete flexibility as to how
to initially allocate allowances among its units for each control
period, as long as the overall quantity of allowances allocated does
not exceed the state's emission budget for the control period.
An approved full CSAPR SIP revision replaces a CSAPR Federal
trading program for the state's units with a state trading program
integrated with the Federal trading program. For a full CSAPR SIP
revision to be approvable, the state's trading program regulations must
be substantively identical to the corresponding Federal CSAPR trading
program regulations with two exceptions. First, the state has the same
flexibility with respect to unit-level allowance allocations it would
have under an abbreviated CSAPR SIP revision. Second, the state must
not regulate units located in Indian country not subject to the state's
Clean Air Act planning jurisdiction, with the consequence that if the
state's trading program regulations incorporate the relevant Federal
trading program regulations by reference, the incorporation by
reference must exclude the provisions of the Federal regulations that
relate to units in Indian country.
In 2015, Missouri adopted state regulations at 10 Code of State
Regulations (CSR) 10-6.376 establishing state-determined unit-level
allocations of CSAPR SO2 Group 1 allowances to replace the
EPA's default allocations. The EPA approved the state's regulations as
an abbreviated CSAPR SIP revision on June 28, 2016 (see 81 FR 41838).
Missouri's allocations replicated the EPA's default allocations with
the exception that the state allocated 1,300 more allowances to Asbury
Unit 1 and 1,300 fewer allowances to Iatan Unit 1.
In 2018, Missouri adopted revisions to 10 CSR 10-6.376
incorporating into the state's regulations by reference all the
provisions of the Federal CSAPR SO2 Group 1 Trading Program
regulations at 40 CFR 97.602 through 97.635 except the EPA's default
unit-level allowance allocation provisions and the provisions relating
to units located in Indian country. The EPA approved the revisions as a
full CSAPR SIP revision on December 4, 2019 (see 84 FR 66316). The
revisions replaced the Federal CSAPR SO2 Group 1 Trading
Program regulations for Missouri units with Missouri's CSAPR
SO2 Group 1 Trading Program regulations but made no changes
to the previously adopted provisions of 10 CSR 10-6.376 concerning
Missouri's unit-level allowance allocations.
On November 29, 2021, Missouri submitted further revisions to 10
CSR 10-6.376 for approval by the EPA into the state's SIP.
II. What is being addressed in this document?
The EPA is approving the SIP revision submitted by the State of
Missouri on November 29, 2021. Missouri requested the EPA to approve
revisions to 10 CSR 10-6.376 in the Missouri SIP.
First, the state has revised its rule to reallocate 1,300 CSAPR
SO2 Group 1 emission allowances for each control period from
Asbury Unit 1, which was retired in March 2020, to Iatan Unit 1. The
total amount of CSAPR SO2 Group 1 allowances allocated by
the state to Iatan Unit 1 will increase from 9,833 to 11,133. The total
amount of CSAPR SO2 Group 1 allowances allocated by the
state to Asbury Unit 1 will decrease from 4,480 to 3,180. (Under other
existing provisions of 10 CSR 10-6.376, the remaining 3,180 allowances
allocated to Asbury Unit 1 will be transferred to the new unit set-
aside and then redistributed to other units in the state.) The state's
revisions do not change the overall quantity of allowances made
available under the trading program and will therefore have no
environmental effect. Because the regulations at 40 CFR 52.39 governing
approvability of CSAPR SIP revisions give a state complete flexibility
as to how the state initially allocates the allowances in its emissions
budget for each control period among the state's units, Missouri's
revision to the unit-level allocation provisions of its rule is
approvable.
Second, Missouri has made non-substantive revisions to the rule
language concerning the provisions excluded from incorporation by
reference. The revisions do not change
[[Page 63531]]
the set of provisions of the Federal regulations that are excluded from
the state's regulations--i.e., the provisions relating to the EPA's
default unit-level allowance allocations and the provisions relating to
units located in Indian country. The regulations at 40 CFR 52.39 do not
prescribe specific language that must be used to accomplish the
exclusion of these provisions, so Missouri's editorial revision to the
rule language is approvable.
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 this SIP revision from April 15, 2021
to May 27, 2021 and received no comments. The NPRM and supporting
information contained in the docket were made available for public
comment from June 20, 2023, to July 20, 2023 (88 FR 39801) and no
comments were received. In addition, as explained above, the revision
meets the substantive SIP requirements of the CAA, including section
110 and implementing regulations.
IV. What action is the EPA taking?
The EPA is taking final action to amend the SIP by approving the
State's request in its submission dated November 29, 2021 to revise 10
CSR 10-6.376 ``Cross-State Air Pollution Rule Annual SO2
Group 1 Trading Program.'' Because the EPA has already recorded
Missouri's previously submitted unit-level allocations of CSAPR
SO2 Group 1 allowances issued for control periods through
2024 in the sources' compliance accounts, Missouri's revised unit-level
allocations will take effect starting with allowances issued for the
2025 control period, in accordance with 40 CFR 52.39(f)(1)(iv) and 10
CSR 10-6.376(3)(A)1.D.
V. 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
revised version of Missouri 10 CSR 10-6.376, state effective date July
29, 2021, setting forth the revised version of the state's CSAPR
SO2 Group 1 Trading Program. 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.\2\
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\2\ 62 FR 27968, May 22, 1997.
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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 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act;
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
Missouri did not evaluate environmental justice considerations as
part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. EPA did
not perform an EJ analysis and did not consider EJ in this action.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
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 November 14, 2023. Filing a
petition for reconsideration by the Administrator of
[[Page 63532]]
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, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 11, 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 ``10-6.376'' to read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
State
Missouri citation Title effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------
* * * * * * *
10-6.376......................... Cross-State Air 7/29/2021 9/15/2023, [insert ......................
Pollution Rule SO2 Federal Register
Group 1 Trading citation].
Program.
* * * * * * *
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* * * * *
[FR Doc. 2023-19947 Filed 9-14-23; 8:45 am]
BILLING CODE 6560-50-P
