Air Plan Approval; MO; Control of Emissions From Volatile Organic Liquid Storage, 68469-68471 [2023-22088]
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Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Rules and Regulations
TABLE 1 TO PARAGRAPH (c)—EPA-APPROVED SOUTH CAROLINA REGULATIONS
State citation
Title/subject
State effective
date
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Regulation No. 62.5 ................ Air Pollution Control Standards.
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Standard No. 7 ....................... Prevention of Significant Deterioration.
Standard No. 7.1 .................... Nonattainment New Source
Review.
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2023–0403; FRL–11259–
02–R7]
Air Plan Approval; MO; Control of
Emissions From Volatile Organic
Liquid Storage
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve revisions to the Missouri State
Implementation Plan (SIP) related to the
control of emissions from volatile
organic liquid storage. These revisions
do not impact the stringency of the SIP
or have an adverse effect on air quality.
The EPA’s approval of this rule revision
is being done in accordance with the
requirements of the Clean Air Act
(CAA).
This final rule is effective on
November 3, 2023.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2023–0403. All
documents in the docket are listed on
the www.regulations.govwebsite.
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
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10/4/2023, [Insert citation of
publication].
10/4/2023, [Insert citation of
publication].
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or please contact the person identified
in the FOR FURTHER INFORMATION
CONTACT section for additional
information.
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 EPA.
Table of Contents
SUMMARY:
DATES:
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[FR Doc. 2023–21722 Filed 10–3–23; 8:45 am]
VerDate Sep<11>2014
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EPA approval date
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 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. The
revisions add incorporations by
reference to other state rules, add
definitions specific to the rule, revise
unnecessarily restrictive or duplicative
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Explanation
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Except for the ethanol production facilities exclusion
in paragraphs (A)(11)(t)
and (B)(22)(c)(xx).
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language, and make administrative
wording changes. EPA finds 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 the docket
for this action.
II. Have the requirements for approval
of a SIP revision been met?
The State’s 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.
The EPA’s Notice of Proposed
Rulemaking and supporting information
contained in the docket were made
available for public comment from
August 22, 2023, to September 21, 2023.
The EPA received no comments. In
addition, as explained above and in
more detail in the technical support
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document (TSD) which is part of this
document, 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 request in submissions dated
February 15, 2019, and June 10, 2021,
and a supplemental submission on
April 24, 2023, to revise 10 CSR 10–
5.500 ‘‘Control of Emissions from
Volatile Organic Liquid Storage.’’
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 10–5.500, 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
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
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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,
1 62
FR 27968, May 22, 1997.
VerDate Sep<11>2014
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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
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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.
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 December 4,
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,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: September 29, 2023.
Meghan A. McCollister,
Regional Administrator, Region 7.9.
For the reasons stated in the preamble
the EPA amends 40 CFR part 52 as set
forth below:
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Authority: 42 U.S.C. 7401 et seq.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
§ 52.1320
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Subpart AA—Missouri
Identification of plan.
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(c) * * *
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2. In § 52.1320, the table in paragraph
(c) is amended by revising the entry
‘‘10–5.500’’ to read as follows:
■
1. The authority citation for part 52
continues to read as follows:
■
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
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10–5.500 ..........
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Control of Emissions From
Volatile Organic Liquid Storage.
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R04–OAR–2022–0982; FRL–11119–
02–R4]
Air Plan Approval and Air Quality
Designation; KY; Redesignation of the
Northern Kentucky Portion of the
Cincinnati, OH-KY 2015 8-Hour Ozone
Nonattainment Area to Attainment
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
On September 21, 2022, the
Commonwealth of Kentucky, through
the Kentucky Energy and Environment
Cabinet (Cabinet), Division of Air
Quality (DAQ), submitted a request for
the Environmental Protection Agency
(EPA) to redesignate the Northern
Kentucky portion (hereinafter referred
to as the ‘‘Northern Kentucky Area’’ or
‘‘Area’’) of the Cincinnati, OhioKentucky, 2015 8-hour ozone
nonattainment area (hereinafter referred
to as the ‘‘Cincinnati, OH-KY Area’’) to
attainment for the 2015 8-hour ozone
National Ambient Air Quality Standards
(NAAQS or standards) and to approve a
State Implementation Plan (SIP)
revision containing a maintenance plan
for the Area. The Cabinet submitted this
request and SIP revision through a letter
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SUMMARY:
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10/4/2023, [insert FedSection (2)(N)4 is not SIP-approved. Section
eral Register citation].
(5)(F) retains a previously approved version of
the state rule text.
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dated September 20, 2022, and
supplemented it on November 22, 2022.
EPA is approving the Commonwealth’s
plan for maintaining attainment of the
2015 8-hour ozone standard in the
Northern Kentucky Area, including the
motor vehicle emission budgets
(budgets) for nitrogen oxides (NOX) and
volatile organic compounds (VOCs) for
the years of 2026 and 2035 for the Area,
incorporating the maintenance plan into
the SIP, and redesignating the Area to
attainment for the 2015 8-hour ozone
NAAQS. EPA previously approved the
redesignation request and maintenance
plan for the Ohio portion of the
Cincinnati, OH-KY Area. Additionally,
EPA finds the 2026 and 2035 budgets
for the Area adequate for the purpose of
transportation conformity.
DATES: This rule is effective November
3, 2023.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2022–0982. All documents in the docket
are listed on the www.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
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Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
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:
Evan Adams, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
The telephone number is (404) 562–
9009. Mr. Evan Adams can also be
reached via electronic mail at
adams.evan@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Summary of EPA’s Final Actions
EPA is taking the following separate
but related actions addressing the
September 21, 2022, submittal: (1)
approving Kentucky’s plan for
maintaining the 2015 ozone NAAQS
(maintenance plan), including the
associated budgets, in the Northern
Kentucky Area and incorporating the
plan into the SIP, and (2) redesignating
the Northern Kentucky Area to
attainment for the 2015 8-hour ozone
NAAQS. EPA also finds the 2026 and
2035 budgets for the Area adequate for
the purpose of transportation
conformity. The Northern Kentucky
Area is composed of portions of Boone,
Campbell, and Kenton Counties in
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[Federal Register Volume 88, Number 191 (Wednesday, October 4, 2023)]
[Rules and Regulations]
[Pages 68469-68471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22088]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2023-0403; FRL-11259-02-R7]
Air Plan Approval; MO; Control of Emissions From Volatile Organic
Liquid Storage
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the Missouri State Implementation Plan
(SIP) related to the control of emissions from volatile organic liquid
storage. These revisions do not impact the stringency of the SIP or
have an adverse effect on air quality. The EPA's approval of this rule
revision is being done in accordance with the requirements of the Clean
Air Act (CAA).
DATES: This final rule is effective on November 3, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2023-0403. All documents in the docket are
listed on the www.regulations.govwebsite. 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: 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 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 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. The 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 finds 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 the docket for this action.
II. Have the requirements for approval of a SIP revision been met?
The State's 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.
The EPA's Notice of Proposed Rulemaking and supporting information
contained in the docket were made available for public comment from
August 22, 2023, to September 21, 2023. The EPA received no comments.
In addition, as explained above and in more detail in the technical
support
[[Page 68470]]
document (TSD) which is part of this document, 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 request in submissions dated February 15, 2019,
and June 10, 2021, and a supplemental submission on April 24, 2023, to
revise 10 CSR 10-5.500 ``Control of Emissions from Volatile Organic
Liquid Storage.''
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 10-5.500, 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 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\
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\1\ 62 FR 27968, May 22, 1997.
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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 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.''
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.
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 December 4, 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, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 29, 2023.
Meghan A. McCollister,
Regional Administrator, Region 7.9.
For the reasons stated in the preamble the EPA amends 40 CFR part
52 as set forth below:
[[Page 68471]]
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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
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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 10/4/2023, [insert Section (2)(N)4 is not
From Volatile Federal Register SIP-approved. Section
Organic Liquid citation]. (5)(F) retains a
Storage. previously approved
version of the state
rule text.
* * * * * * *
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* * * * *
[FR Doc. 2023-22088 Filed 10-3-23; 8:45 am]
BILLING CODE 6560-50-P
