[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: <a href="/cdn-cgi/l/email-protection#b3dcdfc0dcdd9dd1d6c7dbd2ddcaf3d6c3d29dd4dcc5"><span class="__cf_email__" data-cfemail="bdd2d1ced2d393dfd8c9d5dcd3c4fdd8cddc93dad2cb">[email protected]</span></a>.

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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
    <bullet> 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
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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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                                                  * * * * * * *
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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..................  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


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