Air Plan Approval; Missouri; Control of Sulfur Emissions From Stationary Boilers

Published date18 August 2020
Citation85 FR 50784
Record Number2020-16148
SectionRules and Regulations
CourtEnvironmental Protection Agency
Federal Register, Volume 85 Issue 160 (Tuesday, August 18, 2020)
[Federal Register Volume 85, Number 160 (Tuesday, August 18, 2020)]
                [Rules and Regulations]
                [Pages 50784-50786]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-16148]
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                ENVIRONMENTAL PROTECTION AGENCY
                40 CFR Part 52
                [EPA-R07-OAR-2020-0277; FRL-10012-77-Region 7]
                Air Plan Approval; Missouri; Control of Sulfur Emissions From
                Stationary Boilers
                AGENCY: Environmental Protection Agency (EPA).
                ACTION: Final rule.
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                SUMMARY: The Environmental Protection Agency (EPA) is taking final
                action to approve a State Implementation Plan (SIP) revision submitted
                by the State of Missouri on January 14, 2019. Missouri requests that
                the EPA revise a state regulation approved in the SIP related to sulfur
                emissions from industrial, commercial, or institutional boilers or
                process heaters in the St. Louis metropolitan area. The revisions to
                this rule include adding incorporations by reference to other state
                rules, including definitions specific to the rule, and wording changes
                that are administrative in nature and do not change the interpretation
                of the rule or the applicability of the rule. The EPA's approval of
                this rule revision is in accordance with the requirements of the Clean
                Air Act (CAA).
                DATES: This final rule is effective on September 17, 2020.
                ADDRESSES: The EPA has established a docket for this action under
                Docket ID No. EPA-R07-OAR-2020-0277. All documents in the docket are
                listed on the https://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
                [[Page 50785]]
                available through https://www.regulations.gov or please contact the
                person identified in the FOR FURTHER INFORMATION CONTACT section for
                additional information.
                FOR FURTHER INFORMATION CONTACT: William Stone, Environmental
                Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
                Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
                7714; email address: [email protected].
                SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
                ``our'' refer to the 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 the revisions to 10 Code of State Regulations
                (CSR) 10-5.570, Control of Sulfur Emissions from Stationary Boilers in
                the Missouri SIP. The revisions include wording changes that are
                administrative in nature, add definitions to the rule rather than
                referring to definitions in a separate rule, and updates and
                consolidates incorporation by reference to federal regulations. These
                revisions are described in detail in the technical support document
                (TSD) included in the docket for this action. The EPA solicited
                comments on the proposed revision to Missouri's SIP, and did not
                receive any comments.
                II. Have the requirements for approval of a SIP revision been met?
                 The State submission has met the public notice requirements for SIP
                submissions in accordance with 40 CFR 51.102. The submission also
                satisfied the completeness criteria of 40 CFR part 51, appendix V. The
                State provided public notice on this SIP revision from June 25, 2018,
                to July 26, 2018. Missouri received sixteen comments from the EPA
                during the state public comment period. Missouri responded to all
                comments as noted in the state submission included in the docket for
                this action, and made revisions to the rule concerning incorporation by
                reference of Federal regulations or other testing methods, removal of
                definitions that were inconsistent with Federal definitions, and
                several non-substantive changes to the text of the regulation. In
                addition, 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 approve Missouri's request to
                amend 10 CSR 10-5.570.
                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 Regulations described in the 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).
                 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 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, EPA's role is to approve state choices,
                provided that 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).
                 The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
                Small Business Regulatory Enforcement Fairness Act of 1996, generally
                provides that before a rule may take effect, the agency promulgating
                the rule must submit a rule report, which includes a copy of the rule,
                to each House of the Congress and to the Comptroller General of the
                United States. EPA will submit a report containing this action and
                other required information to the U.S. Senate, the U.S. House of
                Representatives, and the Comptroller General of the United States prior
                to publication of the rule in the Federal Register. A major rule cannot
                take effect until 60 days after it is published in the Federal
                Register. This action is not a ``major rule'' as defined by 5 U.S.C.
                804(2).
                 Under section 307(b)(1) of the CAA, petitions for judicial review
                of this action must be filed in the United States Court of Appeals for
                the appropriate circuit by October 19, 2020. Filing a
                [[Page 50786]]
                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, Incorporation by
                reference, Reporting and recordkeeping requirements, Sulfur dioxide.
                 Dated: July 21, 2020.
                James Gulliford,
                Regional Administrator, Region 7.
                 For the reasons stated in the preamble, the EPA amends 40 CFR part
                52 as follows:
                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 ``10-5.570'' to read as follows:
                Sec. 52.1320 Identification of plan.
                * * * * *
                 (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 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
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                10-5.570........................ Control of Sulfur 1/30/2019 8/18/2020, [insert
                 Emissions From Federal Register
                 Stationary Boilers. citation].
                
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                [FR Doc. 2020-16148 Filed 8-17-20; 8:45 am]
                BILLING CODE 6560-50-P
                

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