[Federal Register Volume 85, Number 13 (Tuesday, January 21, 2020)]
[Proposed Rules]
[Pages 3304-3305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00517]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2019-0711; FRL-10004-13-Region 7]
Air Plan Approval; Missouri; Construction Permits By Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Missouri State Implementation Plan (SIP)
received on March 7, 2019. The submission revises a Missouri regulation
that creates a process for exempting certain sources from construction
permit obligations by establishing conditions under which these sources
can construct and operate without going through the State's formal
construction permitting process. Specifically, the revisions to the
rule provide crematories and animal incinerators a compliance option
and modify restrictions on what these units can incinerate, matches
Federal sulfur limits on Number 2 diesel oil, removes ``restrictive''
words, adds definitions specific to the rule, and makes other minor
edits. The revisions do not impact the stringency of the SIP or air
quality. Approval of these revisions will ensure consistency between
State and federally-approved rules.
DATES: Comments must be received on or before February 20, 2020.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2019-0711 to https://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 https://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: Tracey Casburn, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-
7016; 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 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-2019-
0711, at https://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 https://www.epa.gov/dockets/commenting-epa-dockets.
II. What is being addressed in this document?
The State revised title 10, division 10 of the code of state
regulations, 10 CSR 10-6.062 ``Construction Permits by Rule'', which
creates a process for exempting certain sources from construction
permit obligations by establishing conditions under which these sources
can construct and operate without going through the State's formal
construction permitting process. Specifically, the revisions to the
rule provide crematories and animal incinerators a compliance option
and modify restrictions on what these units can incinerate, matches
Federal sulfur limits on Number 2 diesel oil, remove ``restrictive''
words, add definitions specific to the rule, and make other minor
edits. 10 CSR 10-6.062 is SIP approved in the Code of Federal
Regulations at 40 CFR 52.1320(c). The State submitted its revisions to
10 CSR 10-6.062 to the EPA as a SIP revision on March 7, 2019. In this
action, the EPA is proposing to approve these revisions to the Missouri
SIP.
The revisions do not impact air quality. The 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 of the revisions from August 1, 2018, to
October 4, 2018, and held a public hearing on September 27, 2018. The
State received and addressed four comments from three sources, which
includes EPA. As explained in more detail in the TSD which is part of
this docket, the SIP revision submission meets the substantive
requirements of the Clean Air Act (CAA), including section 110 and
implementing regulations.
IV. What action is EPA taking?
The EPA is proposing to amend the Missouri SIP by approving the
State's request to revise 10 CSR 10-6.062, ``Construction Permits by
Rule.'' Approval of these revisions will ensure consistency between
State and federally-approved rules. The EPA has determined that these
changes will not adversely impact air quality.
The EPA is processing this as a proposed action because we are
soliciting comments on the 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
incorporate by reference the Missouri Regulations described in the
proposed amendments to 40 CFR part 52 set forth below. 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).
[[Page 3305]]
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
if they meet the criteria of the CAA. 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
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);
Is not subject to requirements of the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Construction
permit by rule, Crematories and animal incinerators, Incorporation by
reference, Number 2. diesel.
Dated: January 9, 2020.
James Gulliford,
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
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart--AA Missouri
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2. In Sec. 52.1320, the table in paragraph (c) is amended by revising
the entry ``10-6.062'' to read as follows:
Sec. 52.1320 Identification of plan.
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(c) * * *
EPA-Approved Missouri Regulations
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State
Missouri citation Title effective date EPA approval date Explanation
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Missouri Department of Natural Resources
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Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
Regulations for the State of Missouri
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10-6.062............... Construction 3/30/2019 [Date of publication of
Permits By Rule. the final rule in the
Federal Register],
[Federal Register
citation of the final
rule].
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[FR Doc. 2020-00517 Filed 1-17-20; 8:45 am]
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