37752 Federal Register / Vol. 87, No. 121 / Friday, June 24, 2022 / Rules and Regulations 

1Petition to Find Inadequate and Correct Several 

State Implementation Plans under Section 110 of 

the Clean Air Act Due to Startup, Shutdown, 

Malfunction, and/or Maintenance Provisions (June 

30, 2011). 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2022–0329; FRL–9699–02– 

R7] 

Air Plan Approval; Missouri; Start-Up, 

Shutdown and Malfunction Conditions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve revisions to the State 

Implementation Plan (SIP) for the State 

of Missouri. This final action will 

amend the SIP to incorporate revisions 

to a state regulation related to the 

reporting of start-up, shutdown, and 

malfunction (SSM) events in Missouri. 

The revisions to this rule include 

adding incorporations by reference to 

other state rules, including definitions 

specific to the rule and making 

administrative wording changes. These 

revisions meet the requirements of the 

Clean Air Act, do not impact the 

stringency of the SIP or air quality. 

Approval of these revisions will ensure 

consistency between state and federally 

approved rules. 

DATES: This final rule is effective on July 

25, 2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2022–0329. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. 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 https://

www.regulations.gov or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional information. 

FOR FURTHER INFORMATION CONTACT: 

Allie Donohue, Environmental 

Protection Agency, Region 7 Office, Air 

Quality Planning Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219; 

telephone number: (913) 551–7986; 

email address: donohue.allie@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. The EPA’s Responses to Comments 

IV. What action is the EPA taking? 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. What is being addressed in this 

document? 

The EPA is taking final action to 

approve Missouri’s revisions to 10 Code 

of State Regulation (CSR) 10–6.050, 

Start-Up, Shutdown, and Malfunction 

Conditions, which relate to reporting of 

SSM events in the Missouri SIP. On 

April 7, 2022, the EPA published a 

notice of proposed rulemaking (NPRM) 

which proposed to approve the SIP 

revision as submitted by Missouri on 

February 11, 2020 (87 FR 20367). The 

EPA received two comments from one 

commenter during the public comment 

period. The EPA’s summary of those 

comments and our responses is 

contained in Section III of this 

document. 

As described in section IX.H.3 of the 

February 2013 Federal Register 

document in which EPA analyzed 

specific SSM SIP provisions and 

explained how each one either did or 

did not comply with the Clean Air Act 

(CAA), EPA reviewed the Missouri rule 

at issue in this action because it was 

included in a Sierra Club petition.1

Sierra Club argued that this Missouri 

provision gave state personnel authority 

to determine where enforcement action 

should be taken based on information a 

source submits about excess emissions 

resulting from a malfunction, start-up or 

shutdown. In EPA’s final action, EPA 

denied the petition on this provision 

and affirmatively found the provision to 

be consistent with the 2015 policy ‘‘on 

the basis that the provision is on its face 

clearly applicable only to Missouri state 

enforcement personnel and that the 

provision thus could not reasonably be 

read by a court to foreclose enforcement 

by the EPA or through a citizen suit 

where Missouri state personnel elect to 

exercise enforcement discretion.’’ As a 

result, Missouri rule, 10 Code of State 

Regulation (CSR) 10–6.050, Start-Up, 

Shutdown, and Malfunction Conditions, 

was not included in the 2015 SSM SIP 

Call. Because the Missouri submittal 

does not substantively alter this rule, 

EPA’s previous conclusions relating to 

this provision’s compliance with EPA’s 

SSM policy remain unchanged. Further 

background information for this action 

can be found in Section III of EPA’s 

NPRM. 

These provisions in the SIP require 

the reporting of SSM events to the 

Missouri Department of Natural 

Resources (MoDNR). Specifically, the 

provisions set the time by which such 

notification must occur, define what 

constitutes an SSM event, and establish 

the required contents of the written 

report including but not limited to 

measures taken to mitigate the extent 

and duration of the excess emissions, 

measures taken to remedy the situation 

which caused the excess emissions and 

the measures taken or planned to 

prevent the recurrence of these 

situations. 

The EPA received the MoDNR’s SIP 

revision submission on February 11, 

2020. The EPA’s full analysis of the 

revisions can be found in the technical 

support document (TSD) included in 

this docket. 

In 10 CSR 10–6.050 Section (2) 

Definitions, the state incorporated 

definitions for ‘‘excess emissions’’ into 

subsection (A), ‘‘malfunction’’ into 

subsection (B), ‘‘shutdown’’ into 

subsection (C), and start-up into 

subsection (D). The definitions in the 

revision are the same as the definitions 

in the SIP approved 10 CSR 10–6.020. 

The revisions to Section (2) Definitions 

also move language about definitions 

not included in 10 CSR 10–6.050 into 

subsection (E). Because the language 

was already SIP-approved, and because 

the definitions relate to requirements 

related to informational reporting on 

SSM events, EPA finds that these 

revisions do not affect the stringency of 

the SIP. The rule revisions also include 

minor word changes, which are 

administrative in nature and do not 

affect the stringency of the SIP. 

EPA finds that approving these 

revisions into the Missouri SIP is 

consistent with EPA’s policy as further 

described in EPA’s NPRM. 

II. 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 

June 3, 2019 to July 3, 2019 and 

received 6 comments. Five comments 

were from industry groups and one 

comment was from EPA. The industry 

comments all related to reporting excess 

emissions as soon as possible. 

Ultimately, the State opted not to 

include additional language to this 

effect and maintained that notification 


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Federal Register / Vol. 87, No. 121 / Friday, June 24, 2022 / Rules and Regulations 37753 

2 62 FR 27968, May 22, 1997. 

must occur within two days. The EPA 

comment letter indicated that EPA did 

not have comments on the rule changes. 

Therefore, the state adequately 

addressed each comment. In addition, 

as explained above and in more detail 

in the NPRM and technical support 

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. The EPA’s Responses to Comments 

On April 7, 2022, the EPA published 

a NPRM which proposed to approve the 

SIP revision as submitted by Missouri 

on February 11, 2020 (87 FR 20367). 

The public comment period on the 

EPA’s proposed rule opened April 7, 

2022 and closed on May 9, 2022. During 

this period, EPA received two 

comments from one commenter. 

Comment 1: The commenter stated 

that the EPA did not call for a revision 

of 10 CSR 10–6.050 in the EPA’s June 

12, 2015 final rule titled ‘‘State 

Implementation Plans: Response to 

Petition for Rulemaking; Restatement 

and Update of EPA’s SSM Policy 

Applicable to SIPs; Findings of 

Substantial Inadequacy; and SIP Calls 

To Amend Provisions Applying to 

Excess Emissions During Periods of 

Startup, Shutdown and Malfunction,’’ 

(80 FR 33839, June 12, 2015). The 

commenter stated that EPA found that 

the provision clearly applies only to 

Missouri state enforcement at the time 

of rulemaking. The commenter agreed 

the provision should apply only to state 

enforcement but believes the provision 

could be clarified to reduce any chance 

that it would interfere with citizen or 

EPA enforcement. 

Response 1: EPA agrees that if a state 

chooses to maintain state provisions 

related to SSM events, such provisions 

should be clear that they do not limit 

federal enforcement or citizen suit 

authority in order to be consistent with 

Clean Air Act requirements. Missouri’s 

revisions to this rule which EPA 

proposed to approve in the NPRM were 

limited to largely administrative 

changes, such as removing unnecessary 

words and adding in rule-specific 

definitions. Missouri did not request 

revisions to the remainder of the SIPapproved rule text; therefore the 

unchanged portions of the rule text were 

not at issue in this action. For these 

reasons, the comment on the clarity of 

this rule language with respect to 

federal enforcement or citizen suit 

authority is outside the scope of this 

action. 

Further, as the commenter 

acknowledges, EPA previously found 

the provision in this action to not limit 

federal enforcement or citizen suit 

authority and therefore did not find it to 

be substantially inadequate to meet 

CAA requirements for the purposes of 

the 2015 SSM SIP Call. This prior EPA 

determination was open to notice and 

comment through EPA’s 2015 SSM SIP 

Action, so commenters had a full 

opportunity to weigh in on this issue 

previously. As made clear in the 

proposal and restated here, EPA is not 

reopening the determination made in 

the 2015 SSM SIP Action in this 

rulemaking. 

Comment 2: The commenter stated 

that the EPA determined a provision in 

Missouri’s Restriction of Emission of 

Visible Air Contaminants rule, 10 CSR 

10–6.220(3)(C), was substantially 

inadequate to meet CAA requirements 

in the 2015 SSM SIP Call setting a 

deadline for the state to respond to the 

SIP Call of November 22, 2016. The 

commenter further stated that the SIPcalled 10 CSR 10–6.220(3)(C) remains in 

effect because EPA has not yet acted on 

Missouri’s responsive November 2016 

submittal. The commenter urges EPA to 

address this unlawful loophole that is 

years overdue. 

Response 2: EPA acknowledges this 

comment, though it does not raise any 

issue adverse to this current rulemaking. 

This comment is related to a different 

state rule and submission in front of the 

Agency for action. Therefore, this 

comment is outside the scope of this 

action. Although outside the scope of 

the present rulemaking, EPA notes that 

consistent with CAA section 113(g), the 

EPA recently published a proposed 

consent decree including a deadline by 

which EPA must finalize action on 

Missouri’s 2016 submission responding 

to EPA’s 2015 SSM SIP Call (87 FR 

21118, Case No. 21–cs–6956). EPA 

anticipates taking expeditious action on 

Missouri’s 2016 responsive submittal 

but no later than the date which will be 

set by the final consent decree when 

entered by the Court. 

IV. What action is the EPA taking? 

The EPA is taking final action to 

amend the Missouri SIP to incorporate 

revisions to state rule 10 CSR 10–6.050, 

Start-Up, Shutdown, and Malfunction 

Conditions, related to reporting of SSM 

events, in the Missouri SIP as submitted 

to EPA on February 11, 2020. On April 

7, 2022, the EPA published a NPRM 

proposing to approve Missouri’s 

February 11, 2020, SIP revision 

submittal (87 FR 20367). The EPA 

sought public comment on the NPRM 

and received two comments from one 

commenter. The EPA’s responses to 

comments received is included in 

Section IV of this document. The EPA 

is taking final action after consideration 

of the comments. Approval of these 

revisions will ensure consistency 

between State and federally approved 

rules. As described in the NPRM and 

the TSD, the EPA has determined that 

these changes meet the requirements of 

the CAA and will not adversely impact 

air quality or the stringency of the SIP. 

V. 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 10–6.050 

described in Section I of this preamble 

and set forth below in the 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). 

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.2

VI. Statutory and Executive Order 

Reviews 

Under the Clean Air Act 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, 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.); 


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37754 Federal Register / Vol. 87, No. 121 / Friday, June 24, 2022 / Rules and Regulations 

• 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). 

• In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the 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). 

• This action is subject to the 

Congressional Review Act, and the 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by August 23, 2022. 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: June 15, 2022. 

Meghan A. McCollister, 

Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, the EPA amends 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 

‘‘10–6.050’’ 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 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of 

Missouri 

*******

10–6.050 .......... Start-Up, Shutdown, and Malfunction Conditions.1/30/2020 6/24/2022 [insert Federal Register citation].

* * * * * * * 

* * * * * 

[FR Doc. 2022–13314 Filed 6–23–22; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 73 and 74 

[MB Docket No. 15–146, GN Docket No. 12– 

268; FCC 22–33; FR ID 91601] 

Preservation of One Vacant Channel in 

the UHF Television Band for Use by 

White Spaces Devices and Wireless 

Microphones 

AGENCY: Federal Communications 

Commission. 

ACTION: Denial of petitions for 

reconsideration. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission or FCC) adopts an Order 

on Reconsideration (Order), that denies 

the Petitions for Reconsideration filed 

by Sennheiser Electronic Corporation 

and Shure Incorporated and affirms its 

conclusions and reasoning to close the 

vacant channel proceeding. The 

Commission’s Order denies petitioners’ 

requests for reconsideration and reversal 


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