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 Environmental Protection Agency 40 CFR Part 52
[EPA-R07-OAR-2021-0476; FRL-8757-01-R7]
 AGENCY: Environmental Protection Agency (EPA).
 ACTION: Proposed rule.
 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: 
                        *webber.robert@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 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 
                    ( print 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: 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 inExecutive Order 13132 (64 FR 43255, August 10, 1999);
                Is not an economically significant regulatory action based on health or safety risks subject toExecutive Order 13045 (62 FR 19885, April 23, 1997);
                Is not a significant regulatory action subject toExecutive 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, underExecutive 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
 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 “10-6.405” to read as follows: § 52.1320
  
 (c) * * * EPA—Approved Missouri Regulations
Missouri citation
Title
State effective date
EPA approval date
Explanation**Missouri Department of Natural Resources***         *         *         *         *         *         ***Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of Missouri***         *         *         *         *         *         *10-6.405
Restriction of Particulate Matter Emissions from Fuel Burning Equipment Used for Indirect Heating
9/30/2020
[Date of publication of the final rule in the 
                                **Federal Register**
                                ], [
                                **Federal Register**
                                 citation of the final rule]*         *         *         *         *         *         *


[FR Doc. 2021-16847 Filed 8-9-21; 8:45 am] BILLING CODE 6560-50-P