57018 Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2023–0403; FRL–11259– 

01–R7] 

Air Plan Approval; MO; Control of 

Emissions From Volatile Organic 

Liquid Storage 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the Missouri State 

Implementation Plan (SIP) related to the 

control of emissions from volatile 

organic liquid storage. The revisions to 

this rule include adding incorporations 

by reference to other state rules, adding 

definitions specific to the rule, revising 

unnecessarily restrictive or duplicative 

language, and making administrative 

wording changes. These revisions do 

not impact the stringency of the SIP or 

have an adverse effect on air quality. 

The EPA’s proposed approval of this 

rule revision is being done in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: Comments must be received on 

or before September 21, 2023. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–R07– 

OAR–2023–0403 to 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Instructions: All submissions received 

must include the Docket ID No. for this 

rulemaking. Comments received will be 

posted without change to 

www.regulations.gov, including any 

personal information provided. For 

detailed instructions on sending 

comments and additional information 

on the rulemaking process, see the 

‘‘Written Comments’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Bethany Olson, Environmental 

Protection Agency, Region 7 Office, Air 

Permitting and Planning Branch, 11201 

Renner Boulevard, Lenexa, Kansas 

66219; telephone number: (913) 551– 

7905; email address: olson.bethany@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Written Comments 

II. What is being addressed in this document? 

III. Have the requirements for approval of a 

SIP revision been met? 

IV. What action is the EPA taking? 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. Written Comments 

Submit your comments, identified by 

Docket ID No. EPA–R07–OAR–2023– 

0403, at www.regulations.gov. Once 

submitted, comments cannot be edited 

or removed from Regulations.gov. The 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. The EPA will 

generally not consider comments or 

comment contents located outside of the 

primary submission (i.e. on the web, 

cloud, or other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

www.epa.gov/dockets/commenting-epadockets. 

II. What is being addressed in this 

document? 

The EPA is proposing to approve 

revisions to the Missouri SIP received 

on February 15, 2019, and June 10, 

2021, and a supplemental submission 

on April 24, 2023. The revisions are to 

Title 10, Division 10 of the Code of State 

Regulations (CSR), 10 CSR 10–5.500 

‘‘Control of Emissions from Volatile 

Organic Liquid Storage.’’ The purpose of 

the state regulation is to limit the 

volatile organic compound (VOC) 

emissions from installations with 

volatile organic liquid storage vessels in 

the St. Louis 1997 eight (8)-hour ozone 

nonattainment area by incorporating 

reasonably available control technology 

(RACT) as required by the Clean Air Act 

Amendments (CAAA) of 1990. Missouri 

made multiple revisions to the rule. 

These proposed revisions add 

incorporations by reference to other 

state rules, add definitions specific to 

the rule, revise unnecessarily restrictive 

or duplicative language, and make 

administrative wording changes. EPA 

proposes to find that these revisions 

meet the requirements of the Clean Air 

Act, do not impact the stringency of the 

SIP, and do not adversely impact air 

quality. The full text of the rule 

revisions as well as EPA’s analysis of 

the revisions can be found in the 

technical support document (TSD) 

included in this docket. 

III. Have the requirements for approval 

of a SIP revision been met? 

The State submission has met the 

public notice requirements for SIP 

submissions in accordance with 40 CFR 

51.102. The submission also satisfied 

the completeness criteria of 40 CFR part 

51, appendix V. The State provided 

public notice on the first SIP revision 

from June 15, 2018, to September 6, 

2018, and held a public hearing on 

August 30, 2018. Missouri received ten 

comments from two sources during the 

comment period on 10 CSR 10–5.500. 

The EPA provided nine comments. 

Missouri responded to all comments 

and revised the rule based on public 

comments prior to submitting to EPA, as 

noted in the State submission included 

in the docket for this action. The State 

provided public notice on the second 

SIP revision from November 15, 2019, to 

February 6, 2020, and held a public 

hearing on January 30, 2018. Missouri 

received one comment from a staff 

member during the comment period. 

The State revised the rule purpose 

statement based on the comment prior 

to submitting to EPA. As explained 

above and in more detail in the 

technical support document which is 

part of this document, the revisions 

meet the substantive SIP requirements 

of the CAA, including section 110 and 

implementing regulations. 

IV. What action is the EPA taking? 

The EPA is proposing to amend the 

Missouri SIP by approving the State’s 

request to revise 10 CSR 10–5.500 

‘‘Control of Emissions from Volatile 

Organic Liquid Storage.’’ We are 

processing this as a proposed action 

because we are soliciting comments on 

this proposed action. Final rulemaking 

will occur after consideration of any 

comments. 

V. Incorporation by Reference 

In this document, the EPA is 

proposing to include regulatory text in 

an EPA final rule that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is proposing to finalize 

the incorporation by reference of the 

Missouri rule 10 CSR 10–5.500, with a 

state effective date of July 30, 2020, 

which regulates emissions from volatile 

organic liquid storage. The EPA has 

made, and will continue to make, these 

materials generally available through 

www.regulations.gov and at the EPA 

Region 7 Office (please contact the 

person identified in the FOR FURTHER


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Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Proposed Rules 57019 

INFORMATION CONTACT section of this 

preamble for more information). 

VI. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Clean Air Act and 

applicable Federal regulations. 42 

U.S.C. 7410(k); 40 CFR 52.02(a). Thus, 

in reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. Accordingly, this 

action merely approves state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 14094 (88 FR 

21879, April 11, 2023); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a state program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The Missouri Department of Natural 

Resources did not evaluate 

environmental justice considerations as 

part of its SIP submittal; the CAA and 

applicable implementing regulations 

neither prohibit nor require such an 

evaluation. EPA did not perform an EJ 

analysis and did not consider EJ in this 

action. Due to the nature of the action 

being taken here, this action is expected 

to have a neutral to positive impact on 

the air quality of the affected area. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving environmental justice for 

people of color, low-income 

populations, and Indigenous peoples. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: August 16, 2023. 

Meghan A. McCollister, 

Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, the EPA proposes to amend 

40 CFR part 52 as set forth below: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart AA—Missouri 

■ 2. In § 52.1320, the table in paragraph 

(c) is amended by revising the entry 

‘‘10–5.500’’ to read as follows: 

§ 52.1320 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED MISSOURI REGULATIONS

Missouri 

citation Title State effective date EPA approval date Explanation 

Missouri Department of Natural Resources 

*******

Chapter 5—Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area 

*******

10–5.500 ......... Control of Emissions From Volatile 

Organic Liquid Storage.

7/30/2020 [Date of publication of the final rule 

in the Federal Register], 

[Federal Register citation of the 

final rule].

Section (2)(N)4 is not SIP-approved. Section (5)(F) retains a 

previously approved version of 

the state rule text. 

* * * * * * * 


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57020 Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Proposed Rules 

1 In March 2008, EPA completed another review 

of the primary and secondary ozone standards and 

tightened them further by lowering the level for 

both to 0.075 ppm. 73 FR 16436 (March 27, 2008). 

Additionally, in October 2015, EPA completed a 

review of the primary and secondary ozone 

standards and tightened them by lowering the level 

for both to 0.070 ppm. 80 FR 65292 (October 26, 

2015). 

2The requirements of CAA section 107(d)(3)(E) 

include attainment of the NAAQS, full approval 

under section 110(k) of the applicable SIP, 

determination that improvement in air quality is a 

result of permanent and enforceable reductions in 

emissions, demonstration that the state has met all 

applicable section 110 and part D requirements, and 

a fully approved maintenance plan under CAA 

section 175A. 

3See 80 FR 12315 (March 6, 2015). 

4 882 F.3d 1138 (D.C. Cir. 2018). 

* * * * * 

[FR Doc. 2023–17986 Filed 8–21–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2023–0089; FRL–10213– 

01–Region 3] 

Air Plan Approval; Virginia; 1997 8- 

Hour Ozone National Ambient Air 

Quality Standard Second Maintenance 

Plan for the Hampton Roads Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

state implementation plan (SIP) revision 

submitted by the Commonwealth of 

Virginia (Commonwealth or Virginia). 

This revision pertains to the 

Commonwealth’s plan, submitted by the 

Virginia Department of Environmental 

Quality (VADEQ), for maintaining the 

1997 8-hour ozone national ambient air 

quality standard (NAAQS) (referred to 

as the 1997 ozone NAAQS) in the 

Norfolk-Virginia Beach-Newport News 

(Hampton Roads), VA Area (Hampton 

Roads Area or Area). This action is 

being taken under the Clean Air Act 

(CAA). 

DATES: Written comments must be 

received on or before September 21, 

2023. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2023–0089 at 

www.regulations.gov, or via email to 

gordon.mike@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

confidential business information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e., 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

www.epa.gov/dockets/commenting-epadockets. 

FOR FURTHER INFORMATION CONTACT: Om 

P. Devkota, Planning & Implementation 

Branch (3AD30), Air & Radiation 

Division, U.S. Environmental Protection 

Agency, Region III, Four Penn Center, 

1600 John F. Kennedy Boulevard, 

Philadelphia, Pennsylvania 19103. The 

telephone number is (215) 814–2172. 

Mr. Devkota can also be reached via 

electronic mail at devkota.om@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

September 9, 2022, the VADEQ 

submitted a revision to the Virginia SIP 

to incorporate a plan for maintaining the 

1997 ozone NAAQS through December 

31, 2032 in accordance with CAA 

section 175A. 

I. Background 

In 1979, under section 109 of the 

CAA, EPA established primary and 

secondary NAAQS for ozone at 0.12 

parts per million (ppm), averaged over 

a 1-hour period. 44 FR 8202 (February 

8, 1979). On July 18, 1997 (62 FR 

38856),1 EPA revised the primary and 

secondary NAAQS for ozone to set the 

acceptable level of ozone in the ambient 

air at 0.08 ppm, averaged over an 8-hour 

period. EPA set the 1997 ozone NAAQS 

based on scientific evidence 

demonstrating that ozone causes 

adverse health effects at lower 

concentrations and over longer periods 

of time than was understood when the 

pre-existing 1-hour ozone NAAQS was 

set. 

Following promulgation of a new or 

revised NAAQS, EPA is required by the 

CAA to designate areas throughout the 

nation as attaining or not attaining the 

NAAQS. On April 30, 2004 (69 FR 

23858), EPA designated the Hampton 

Roads Area as moderate nonattainment 

for the 1997 ozone NAAQS. The 1997 

Hampton Roads Ozone Maintenance 

Area includes the counties of 

Gloucester, Isle of Wight, James City, 

and York, as well as the cities of 

Chesapeake, Hampton, Newport News, 

Norfolk, Poquoson, Portsmouth, Suffolk, 

Virginia Beach, and Williamsburg. 

Once a nonattainment area has three 

years of complete and certified air 

quality data that has been determined to 

attain the NAAQS, and the area has met 

the other criteria outlined in CAA 

section 107(d)(3)(E),2 the state can 

submit a request to EPA to redesignate 

the area to attainment. Areas that have 

been redesignated by EPA from 

nonattainment to attainment are referred 

to as ‘‘maintenance areas.’’ One of the 

criteria for redesignation is to have an 

approved maintenance plan, under CAA 

section 175A. The maintenance plan 

must demonstrate that the area will 

continue to maintain the standard for 

the period extending 10 years after 

redesignation, and it must contain such 

additional measures as necessary to 

ensure maintenance as well as 

contingency measures as necessary to 

assure that violations of the standard 

will be promptly corrected. 

On June 1, 2007 (72 FR 30490), EPA 

approved a redesignation request (and 

maintenance plan) from VADEQ for the 

Hampton Roads Area. EPA published 

final approval of the redesignation 

request and maintenance plan on June 

1, 2007 (72 FR 30490), and, as of that 

time, the area was designated as 

attainment for the 1997 ozone NAAQS. 

In accordance with CAA section 

175A(b), at the end of the eighth year 

after the effective date of the 

redesignation, the state must also 

submit a second maintenance plan to 

ensure ongoing maintenance of the 

standard for an additional 10 years. 

EPA’s final implementation rule for 

the 2008 ozone NAAQS revoked the 

1997 ozone NAAQS and provided that 

one consequence of revocation was that 

areas that had been redesignated to 

attainment (i.e., maintenance areas) for 

the 1997 ozone NAAQS no longer 

needed to submit second 10-year 

maintenance plans under CAA section 

175A(b).3 However, in South Coast Air 

Quality Management District v. EPA 4

(South Coast II), the United States Court 

of Appeals for the District of Columbia 

vacated EPA’s interpretation that, 

because of the revocation of the 1997 

ozone standard, second maintenance 

plans were not required for ‘‘orphan 

maintenance areas,’’ (i.e., areas like the 


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