Federal Register - August 24, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 161 / Tuesday, August 24, 2021 / Rules and Regulations
revision. The revision meets the substantive SIP requirements of the Clean Air Act CAA, including section 110 and implementing regulations and is consistent with applicable EPA
requirements in title V of the CAA and 40 CFR part 70. The public comment period on the EPAs proposed rule opened June 30, 2021, the date of its publication in the Federal Register, and closed on July 30, 2021. During this period, the EPA received no comments.
IV. What action is the EPA taking?
The EPA is approving the States revision to 10 C.S.R. 106.110
Reporting Emission Data, Emission Fees, and Process Information, submitted by the State of Missouri on May 25, 2021. This revision updates the emissions fee for permitted sources in section 3A and the emission reporting years in Table 4 of section 4B, as set by Missouri Statute.
Specifically, section 3A revises the emission fees section, which is approved under the Operating Permits Program only, and updates the emissions fee for permitted sources as set by Missouri Statute from $48 per ton of air pollution emitted annually to $53
in calendar year 2021 and $55 per ton of air pollution emitted annually for emissions in calendar year 2022 and beyond; effective March 30, 2021.
Additional information on the EPAs analysis can be found in the Technical Support Document TSD included in this docket.
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V. Incorporation by Reference The EPA is including regulatory text in this EPA final rule that includes incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is incorporating by reference the Missouri Regulation described in the 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
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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;
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 the 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.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General
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of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a major rule as defined by 5 U.S.C.
8042.
Under section 307b1 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 October 25, 2021. 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 307b2.
List of Subjects 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by reference, Reporting and recordkeeping requirements.
40 CFR Part 70
Environmental protection, Administrative practice and procedure, Air pollution control, Intergovernmental relations, Operating permits, Reporting and recordkeeping requirements.
Dated: August 12,2021.
Edward H. Chu, Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA amends 40 CFR parts 52 and 70 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 AAMissouri 2. In 52.1320, the table in paragraph c is amended by revising the entry 106.110 to read as follows:
52.1320
Identification of plan.
c
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