Federal Register - August 9, 2021
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Fuente: Federal Register
43460
Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Proposed Rules
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
5.540 Control of Emissions From Batch Process Operations which limits the volatile organic compound VOC
emissions from batch process operations by incorporating reasonably available control technology RACT requirements in the St. Louis 1997 ozone nonattainment area as required by the Clean Air Act Amendments CAAA of 1990. These revisions remove references to state rule 10 CSR 106.030, Sampling Methods for Air Pollution Sources, and replaces them with references to 10 CSR 106.070, New Source Performance Regulations, where the new source performance standards in 40 CFR part 60 are appropriately incorporated by reference.
These revisions are described in detail in the technical support document TSD included in the docket for this action.
Missouri received no comments during the state public comment period on the proposed rule revisions. 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 December 16, 2019 to February 6, 2020
and received no comments on this rulemaking. As explained above and in the TSD included in the docket, the revision meets the substantive SIP
requirements of the CAA, including section 110 and implementing regulations.
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IV. What action is the EPA proposing to take?
The EPA is proposing to approve Missouris request to revise 10 CSR 10
5.540. The EPA is soliciting comment on the substantive and administrative
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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 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. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, the EPAs 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. 1044;
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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, Incorporation by reference, Volatile organic compounds.
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 52APPROVAL 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 105.540 to read as follows:
52.1320
Identification of plan.
c
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09AUP1