[Federal Register Volume 86, Number 151 (Tuesday, August 10, 2021)]
[Proposed Rules]
[Pages 43613-43614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16847]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2021-0476; FRL-8757-01-R7]


Air Plan Approval; Missouri; Restriction of Particulate Matter 
Emissions From Fuel Burning Equipment Used for Indirect Heating

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing 
approval of a State Implementation Plan (SIP) revision submitted by 
Missouri on January 19, 2021. Missouri requests that the EPA approve 
into Missouri's SIP revisions to its rule related to the restriction of 
particulate matter emissions from fuel burning equipment used for 
indirect heating. These revisions add incorporation by reference 
information, remove unnecessary words, and make other editorial changes 
for clarity. The EPA believes that the revisions are administrative in 
nature, do not impact the stringency of the SIP and do not adversely 
impact 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 9, 2021.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2021-0476 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: Robert F. Webber, Environmental 
Protection Agency, Region 7 Office, Air Permitting and Standards 
Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number: 
(913) 551-7251; email address: <a href="/cdn-cgi/l/email-protection#a2d5c7c0c0c7d08cd0cdc0c7d0d6e2c7d2c38cc5cdd4"><span class="__cf_email__" data-cfemail="b8cfdddadaddca96cad7daddcaccf8ddc8d996dfd7ce">[email protected]</span></a>.

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 proposing to take?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2021-
4076, 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 EPA is proposing to approve revisions to the Missouri SIP 
received on January 19, 2021. The revisions are to Title 10, Division 
10 of the Code of State Regulations (CSR), 10 CSR 10-6.405 
``Restriction of Particulate Matter Emissions from Fuel Burning 
Equipment Used for Indirect Heating'' which restricts the emission of 
particulate matter from fuel burning equipment used for indirect 
heating except where 10 CSR 10-6.070 would be applied. This rule 
applies throughout the state with additional conditions applicable to 
the metropolitan areas of Kansas City, Springfield, and St. Louis.
    These revisions add incorporation by reference information, remove 
unnecessary words, and make other editorial changes for clarity. These 
revisions are described in detail in the technical support document 
(TSD) included in the docket for this action.
    Missouri received two comments from the EPA during the comment 
period. Missouri addressed the comments from the EPA. The EPA is 
proposing to approve the revisions to this rule because it will not 
have a negative impact on air quality.

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 this SIP revision from January 2, 2020 
to April 2, 2020. The State received and addressed two comments from 
the EPA. As explained in more detail in the TSD which is part of this 
docket, the SIP revision submission meets the substantive SIP 
requirements of the CAA, including section 110 and implementing 
regulations.

IV. What action is the EPA proposing to take?

    The EPA is proposing to approve Missouri's request to revise 10 CSR 
10-6.405. The EPA is soliciting comment on the substantive and 
administrative revisions detailed in this proposal and the TSD. The EPA 
is not soliciting comment on existing rule text that has been 
previously approved by the EPA into the SIP. 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 Regulation described in the 
proposed amendments to 40 CFR part 52 set forth

[[Page 43614]]

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).

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, 
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:
    <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);
    <bullet> Is not subject to requirements of the National Technology 
Transfer and Advancement Act (NTTA) because this rulemaking does not 
involve technical standards; and
    <bullet> 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, Incorporation by 
reference, Particulate matter.

    Dated: July 30, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.
    For the reasons stated in the preamble, EPA proposes to amend 40 
CFR part 52 as set forth below:

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 ``10-6.405'' 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 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
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                                                  * * * * * * *
10-6.405..........................  Restriction of              9/30/2020  [Date of publication   ..............
                                     Particulate Matter                     of the final rule in
                                     Emissions from Fuel                    the Federal
                                     Burning Equipment                      Register], [Federal
                                     Used for Indirect                      Register citation of
                                     Heating.                               the final rule].
 
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[FR Doc. 2021-16847 Filed 8-9-21; 8:45 am]
BILLING CODE 6560-50-P


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