90 FR 130 pgs. 30593-30595 - Air Plan Approval; Missouri; Control of Emissions During Petroleum Liquid Storage, Loading, and Transfer
Type: RULEVolume: 90Number: 130Pages: 30593 - 30595
Pages: 30593, 30594, 30595Docket number: [EPA-R07-OAR-2025-0175; FRL-12732-02-R7]
FR document: [FR Doc. 2025-12798 Filed 7-9-25; 8:45 am]
Agency: Environmental Protection Agency
Official PDF Version: PDF Version
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2025-0175; FRL-12732-02-R7]
Air Plan Approval; Missouri; Control of Emissions During Petroleum Liquid Storage, Loading, and Transfer
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 related to the control of emissions during petroleum liquid storage, loading and transfer in the Kansas City metropolitan area. The revisions include adding incorporations by reference to other state rules, adding definitions specific to the rule, revising unnecessarily restrictive or duplicative language, and making administrative wording changes. These revisions do not impact the stringency of the SIP or have an adverse effect on air quality. The EPA's final approval of this rule revision is being done in accordance with the requirements of the Clean Air Act (CAA).
DATES:
This final rule is effective on August 11, 2025.
ADDRESSES:
[top] The EPA has established a docket for this action under Docket ID No. EPA-R07-OAR-2025-0175. 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., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.
FOR FURTHER INFORMATION CONTACT:
Steven Brown Environmental Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-7718; email address: brown.steven@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 Response 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 approving a SIP revision submitted by the State of Missouri on February 15, 2019, and a supplemental submission on August 1, 2019. The revisions are to Title 10, Division 10 of the Code of State Regulations (CSR), 10 CSR 10-2.260 "Control of Emissions During Petroleum Liquid Storage, Loading and Transfer". The purpose of the state regulation is to restrict volatile organic compound (VOC) emissions from the handling of petroleum liquids to reduce hydrocarbon emissions in the Kansas City metropolitan area, specifically in Jackson, Clay, and Platte counties, that contribute to the formation of ozone. Missouri made multiple revisions to the rule. These revisions clarify rule language on testing and reporting, improves consistency with the St. Louis rule 10 CSR 10-5.220 that regulates the same facilities, update incorporations by reference to other state rules, add definitions specific to the rule, revise unnecessarily restrictive or duplicative language, and make administrative wording changes. These revisions meet the requirements of the CAA, do not impact the stringency of the SIP, and do not adversely impact air quality. The full text of the rule revisions as well as the EPA's analysis of the revisions can be found in the technical support document (TSD) included in this docket.
II. Have the requirements for approval of a SIP revision been met?
The State's 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 15, 2018, to September 6, 2018, and held a public hearing on August 30, 2018. Missouri received twenty-one (21) comments from five (5) sources during the comment period on 10 CSR 10-2.260. The EPA provided twelve comments. Missouri included additional clarification to the EPA by submitting supplemental information on August 1, 2019, to clarify and answer questions the EPA made during the comment period. Missouri responded to all comments and revised the rule based on public comments prior to submitting to the EPA, as noted in the State submission included in the docket for this action. As explained above and in more detail in the technical support document, which is part of this docket, the revision meets the substantive SIP requirements of the CAA, including section 110 and implementing regulations.
III. The EPA's Response to Comments
The public comment period on the EPA's proposed rule opened May 8, 2025, the date of its publication in the Federal Register and closed on June 9, 2025 (90 FR 19460). During this period, the EPA received no comments.
IV. What action is the EPA taking?
The EPA is taking final action to amend the Missouri SIP by approving the State's request to revise 10 CSR 10-2.260 "Control of Emissions During Petroleum Liquid Storage, Loading and Transfer."
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 10-2.260 discussed in section I. of this preamble and as set forth below in the amendments to 40 CFR part 52. The purpose of this state regulation is to restrict VOC emissions from the handling of petroleum liquids to reduce hydrocarbon emissions in the Kansas City metropolitan area that contribute to the formation of ozone. The EPA has made, and will continue to make, these materials generally available through https://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 the 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. 1
Footnotes:
1 ?62 FR 27968, May 22, 1997.
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 CAA 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 Order 12866 (58 FR 51735, October 4, 1993);
• Is not subject to Executive Order 14192 (90 FR 9065, February 6, 2025) because SIP actions are exempt from review under Executive Order 12866;
• 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 subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because it approves a state program;
• Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); and
[top] • Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement
In addition, 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).
This action is subject to the Congressional Review Act (CRA), 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 September 8, 2025. 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 30, 2025.
James Macy,
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 "10-2.260" to read as follows:
§?52.1320 Identification of plan.
(c) * * *
| Missouri citation | Title | State effective date | EPA approval date | Explanation |
|---|---|---|---|---|
| Missouri Department of Natural Resources | ||||
| * * * * * * * | ||||
| Chapter 2-Air Quality Standards and Air Pollution Control Regulations for the Kansas City Metropolitan Area | ||||
| * * * * * * * | ||||
| 10-2.260 | Control of Emissions During Petroleum Liquid Storage, Loading and Transfer | 2/28/2019 | 7/10/2025, 90 FR [insert Federal Register page where the document begins] | |
| * * * * * * * | ||||
[FR Doc. 2025-12798 Filed 7-9-25; 8:45 am]
BILLING CODE 6560-50-P