33464 Federal Register / Vol. 87, No. 106 / Thursday, June 2, 2022 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2022–0432; FRL–9851–01– 

R7] 

Air Plan Partial Approval and Partial 

Disapproval; Missouri; Construction 

Permits Required 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing partial 

approval and partial disapproval of 

revisions to the Missouri State 

Implementation Plan (SIP) received on 

March 20, 2019 and June 10, 2021. The 

SIP revisions in the 2019 and 2021 

submittals incorporate updates to 

construction permit requirement 

regulations for stationary and portable 

air sources in Missouri that help ensure 

ambient air quality standards are met. 

The changes include numerous 

organizational changes, administrative 

and typographical edits to improve 

clarity of the construction permit 

process. The revisions include added 

procedures for the Missouri Department 

of Natural Resources (MoDNR) to issue 

general permits. For portable equipment 

installations, the potential to emit major 

source threshold of particulate matter 

was changed to match federal 

requirements. The changes proposed for 

approval meet the requirements of the 

Clean Air Act. 

EPA is proposing to disapprove 

section (1)(B) regarding voluntary 

permits. EPA is proposing disapproval 

because the language of the provision is 

too vague and does not provide 

sufficient clarity for implementation. 

DATES: Comments must be received on 

or before July 5, 2022. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–R07– 

OAR–2022–0432 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: 

Keith Johnson, Environmental 

Protection Agency, Region 7 Office, Air 

Permitting and Standards Branch, 11201 

Renner Boulevard, Lenexa, Kansas 

66219; telephone number: (913) 551– 

7737; email address: johnson.keith@

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. What is EPA’s analysis of the rule 

revisions? 

IV. Have the requirements for approval of a 

SIP revision been met? 

V. What Action is the EPA taking? 

VI. Incorporation by Reference 

VII. Statutory and Executive Order Reviews 

I. Written Comments 

Submit your comments, identified by 

Docket ID No. EPA–R07–OAR–2022– 

0432, 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 partially 

approve and partially disapprove a 

submission from Missouri that revises 

10 CSR 10–6.060 Construction Permits 

Required. The revisions were received 

by EPA on March 20, 2019 and June 10, 

2021. The EPA’s analysis of the 

revisions can be found in Section III and 

in more detail in the technical support 

document (TSD) included in this 

docket. 

III. What is EPA’s analysis of the rule 

revisions? 

In the 2019 SIP submission, MoDNR 

stated that the revisions to this rule 

were extensive in order to clarify 

requirements and procedures for 

improving readability and regulatory 

certainty. These proposed changes 

remove outdated references to 

incorporation by reference information 

and added appropriate incorporation by 

reference information to this rule. The 

proposed changes clarify the definition 

of ‘‘portable equipment installation’’ 

and added procedures for issuing 

general permits in addition to other 

minor typographical corrections. 

Also in Missouri’s 2019 submission, 

the State requested to add a provision 

for voluntary permits. The EPA is 

proposing to disapprove section (1)(B) 

of 10 CSR 10–6.060 regarding voluntary 

permits. EPA proposes to find the 

language of section (1)(B) to be too 

vague for the conditions in which these 

permits would be issued based on the 

requirements of 40 CFR 51.160(a), CAA 

section 110(a)(2)(A), and the John S. 

Seitz EPA Guidance Memo of 

September 23, 1987, titled ‘‘Review of 

State Implementation Plans and 

Revisions for Enforceability and Legal 

Sufficiency.’’ For a SIP revision to be 

approved, EPA evaluates the rule 

revisions to ensure that any new 

provisions are permanent, quantifiable, 

and enforceable. EPA is proposing 

disapproval because there is no 

information in the rule on the 

conditions, requirements, and 

parameters for applying for, issuing, or 

implementing voluntary permits. Based 

on the limited language in the rule, it is 

unclear how MoDNR intends to 

implement the proposed provision. The 

rule text and EPA’s full analysis of the 

requested revisions is included in the 

TSD. 

Missouri’s 2021 SIP submission 

amendments consist primarily of 

administrative text edits and 

clarifications. A clarification to the 

definition of Portable equipment was 

added in Section 2 to explicitly state 

that ‘‘any other air pollutant’’ includes 

PM10 and PM2.5. As discussed in the 

TSD, EPA proposes to find that this rule 

revision would not interfere with 

maintenance of the PM2.5 or PM10

NAAQS. The submission also clarifies 

referenced materials and ensures 

consistency with the federal 

requirements. 

Based on EPA’s analysis of the 

requested revisions to 10 CSR 10–6.060 

as summarized here and more fully 

described in the TSD, EPA proposes to 

approve all requested revisions, other 

than section (1)(B) regarding voluntary 

permits, because they meet the 

requirements of the Clean Air Act, do 

not negatively impact the stringency of 


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Federal Register / Vol. 87, No. 106 / Thursday, June 2, 2022 / Proposed Rules 33465 

the SIP, or have an adverse impact to air 

quality. 

IV. Have the requirements for approval 

of a SIP revision been met? 

With respect to the portions of the 

submittal which EPA is approving, 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 August 

1, 2018 to October 4, 2018 and received 

56 comments. 32 comments were made 

by EPA, 21 comments from State of 

Missouri Air Program Staff, and 4 from 

the public. The State of Missouri revised 

the rule and responded to comments 

prior to submitting to the EPA. In 

addition, as explained above (and in 

more detail in the technical support 

document which is included in the 

docket for this action), the revisions 

proposed for approval meet the 

substantive SIP requirements of the 

CAA, including section 110 and 

implementing regulations. 

As explained in Section III and 

further in the TSD, EPA is proposing to 

disapprove section (1)(B) of 10 CSR 10– 

6.060 regarding voluntary permits. 

V. What action is the EPA taking? 

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. The 

State of Missouri previously conducted 

a public notice on the rule changes and 

responded to all comments. We are 

publishing the proposed rule in the 

Federal Register to partially approve 

and partially disapprove the SIP 

submission. Any parties interested in 

commenting must do so by the date 

listed in the DATES section of the 

document. For further information 

about commenting on this proposed 

rule, see the ADDRESSES section of the 

document. 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. If EPA receives 

adverse comment, we will address all 

public comments in the subsequent 

final rule based on the proposed rule. 

VI. 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 

Regulations of 10 CSR 10–6.060 

Construction Permits Required as 

described in Section II of this preamble 

and set forth below in the proposed 

amendments to 40 CFR part 52. 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). 

VII. 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 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); 

• 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, 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: May 27, 2022. 

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 

‘‘10–6.060’’ to read as follows: 

§ 52.1320 Identification of plan. 

* * * * * 

(c) * * * 


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33466 Federal Register / Vol. 87, No. 106 / Thursday, June 2, 2022 / Proposed Rules 

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 

*******

10–6.060 ........ Construction Permits Required.5/30/2020 [Date of publication of the final rule in 

the Federal Register], [Federal 

Register citation of the final rule].

Provisions of the 2010 PM2.5 PSD—Increments, SILs and SMCs rule relating to SILs and SMCs that were affected by the January 22, 2013 U.S. 

Court of Appeals decision are not 

SIP approved. Provisions of the 2002 

NSR reform rule relating to the Clean 

Unit Exemption, Pollution Control 

Projects, and exemption from recordkeeping provisions for certain 

sources using the actual-to-projected-actual emissions projections 

test are not SIP approved. ‘‘Livestock 

and livestock handling systems from 

which the only potential contaminant 

is odorous gas.’’ Section 9, pertaining to hazardous air pollutants, is 

not SIP approved. 

EPA previously approved the 3/30/2016 

state effective date version of 10 

CSR 10–6.060, with the above exceptions, in a FEDERAL REGISTER

document published October 11, 

2016. Section (1)(B) of 10 CSR 10– 

6.060 covering the voluntary permit 

provision is not SIP approved. 

* * * * * * * 

* * * * * 

[FR Doc. 2022–11822 Filed 6–1–22; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 27 

[WT Docket No. 21–333; Report No. 3187; 

FR ID 89296] 

Petition for Reconsideration of Action 

in Rulemaking Proceeding 

AGENCY: Federal Communications 

Commission. 

ACTION: Petition for Reconsideration. 

SUMMARY: Petition for Reconsideration 

(Petition) has been filed in the 

Commission’s proceeding by Michael P. 

Goggin, on behalf of AT&T Services, Inc. 

DATES: Oppositions to the Petition must 

be filed on or before June 17, 2022. 

Replies to oppositions must be filed on 

or before June 27, 2022. 

ADDRESS: Federal Communications 

Commission, 45 L Street NE, 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Susan Mort, Associate Bureau Chief, 

Wireless Telecommunications Bureau, 

202–418–2129 or via email at 

susan.mort@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s 

document, Report No. 3187, released 

May 23, 2022. The full text of the 

Petition can be accessed online via the 

Commission’s Electronic Comment 

Filing System at: http://apps.fcc.gov/ 

ecfs/. The Commission will not send a 

Congressional Review Act (CRA) 

submission to Congress or the 

Government Accountability Office 

pursuant to the CRA, 5 U.S.C. 

801(a)(1)(A), because no rules are being 

adopted by the Commission. 

Subject:In the Matter of Wireless 

Telecommunications Bureau 

Announces Procedures for Appeals of 

Relocation Payment Clearinghouse 

Decisions, published at 87 FR 30836, 

May 20, 2022 in WT Docket No. 21–333. 

This document is being published 

pursuant to 47 CFR 1.429(e). 

Number of Petitions Filed: 1. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary, Office of the Secretary. 

[FR Doc. 2022–11840 Filed 6–1–22; 8:45 am] 

BILLING CODE 6712–01–P 


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