Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Rules and Regulations 68469 

TABLE 1 TO PARAGRAPH (c)—EPA-APPROVED SOUTH CAROLINA REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanation 

*******

Regulation No. 62.5 ................ Air Pollution Control Standards.

*******

Standard No. 7 ....................... Prevention of Significant Deterioration.11/26/2021 10/4/2023, [Insert citation of 

publication].

Standard No. 7.1 .................... Nonattainment New Source 

Review.

11/26/2021 10/4/2023, [Insert citation of 

publication].

Except for the ethanol production facilities exclusion 

in paragraphs (A)(11)(t) 

and (B)(22)(c)(xx). 

*******

* * * * * 

[FR Doc. 2023–21722 Filed 10–3–23; 8:45 am] 

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 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

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: olson.bethany@

epa.gov. 

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 


lotter on DSK11XQN23PROD with RULES1
68470 Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Rules and Regulations 

1 62 FR 27968, May 22, 1997. 

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

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: 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Rules and Regulations 68471 

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 10/4/2023, [insert Federal Register citation].Section (2)(N)4 is not SIP-approved. Section 

(5)(F) retains a previously approved version of 

the state rule text. 

* * * * * * * 

* * * * * 

[FR Doc. 2023–22088 Filed 10–3–23; 8:45 am] 

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 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: 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 

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 

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 


lotter on DSK11XQN23PROD with RULES1