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Proposed Rule

Air Plan Partial Approval and Partial Disapproval; Missouri; Regional Haze

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Document Details

Document Number2024-14612
TypeProposed Rule
PublishedJul 3, 2024
Effective Date-
RIN-
Docket IDEPA-R07-OAR-2024-0286
Text FetchedYes

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2024-16118 Proposed Rule Air Plan Partial Approval and Partial Di... Jul 23, 2024

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Full Document Text (30,299 words · ~152 min read)

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ENVIRONMENTAL PROTECTION AGENCY <CFR>40 CFR Part 52</CFR> <DEPDOC>[EPA-R07-OAR-2024-0286; FRL-12046-01-R7]</DEPDOC> <SUBJECT>Air Plan Partial Approval and Partial Disapproval; Missouri; Regional Haze</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Environmental Protection Agency (EPA). <HD SOURCE="HED">ACTION:</HD> Proposed rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The Environmental Protection Agency (EPA) is proposing to partially approve and partially disapprove a revision to Missouri's State Implementation Plan (SIP) submitted on August 26, 2022, to satisfy applicable requirements under the Clean Air Act (CAA) and the EPA's Regional Haze Rule (RHR) for the program's second planning period. As required by section 169A of the Clean Air Act, the Federal Regional Haze Rule calls for state and Federal agencies to work together to improve visibility, including Regional Haze, in 156 national parks and wilderness areas. The rule requires the states, in coordination with the EPA, the National Parks Service (NPS), the U.S. Fish and Wildlife Service (FWS), the U.S. Forest Service (FS), and other interested parties, to develop and implement air quality protection plans in which states revise their long-term strategies (LTS) for making reasonable progress towards the national goal of preventing any future, and remedying any existing, anthropogenic impairment of visibility in these mandatory Class I Federal areas. Disapproval does not start a mandatory sanctions clock. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> Comments must be received on or before August 2, 2024. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> You may send comments, identified by Docket ID No. EPA-R07-OAR-2024-0286 to <E T="03">https://www.regulations.gov.</E> Follow the online instructions for submitting comments. <E T="03">Instructions:</E> All submissions received must include the Docket ID No. for this rulemaking. Comments received will be posted without change to <E T="03">https://www.regulations.gov/,</E> 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 <E T="02">SUPPLEMENTARY INFORMATION</E> section of this preamble. <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Ashley Keas, Environmental Protection Agency, Region 7 Office, Air and Radiation Division, 11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-7629; email address: <E T="03">keas.ashley@epa.gov.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> Throughout this document “we,” “us,” and “our” refer to the EPA. <HD SOURCE="HD1">Table of Contents</HD> <EXTRACT> <FP SOURCE="FP-2">I. Written Comments</FP> <FP SOURCE="FP-2">II. What is being addressed in this document?</FP> <FP SOURCE="FP-2">III. Background and Requirements for Regional Haze Plans</FP> <FP SOURCE="FP1-2">A. Regional Haze Background</FP> <FP SOURCE="FP1-2">B. Roles of Agencies in Addressing Regional Haze</FP> <FP SOURCE="FP-2">IV. Requirements for Regional Haze Plans for the Second Implementation Period</FP> <FP SOURCE="FP1-2">A. Identification of Class I Areas</FP> <FP SOURCE="FP1-2">B. Calculation of Baseline, Current, and Natural Visibility Conditions; Progress to Date; and the Uniform Rate of Progress</FP> <FP SOURCE="FP1-2">C. Long-Term Strategy for Regional Haze</FP> <FP SOURCE="FP1-2">D. Reasonable Progress Goals</FP> <FP SOURCE="FP1-2">E. Monitoring Strategy and Other State Implementation Plan Requirements</FP> <FP SOURCE="FP1-2">F. Requirements for Periodic Reports Describing Progress Towards the Reasonable Progress Goals</FP> <FP SOURCE="FP1-2">G. Requirements for State and Federal Land Manager Coordination</FP> <FP SOURCE="FP-2">V. The EPA's Evaluation of Missouri's Regional Haze Submission for the Second Implementation Period</FP> <FP SOURCE="FP1-2">A. Background on Missouri's First Implementation Period SIP Submission</FP> <FP SOURCE="FP1-2">B. Missouri's Second Implementation Period SIP Submission and the EPA's Evaluation</FP> <FP SOURCE="FP1-2">C. Identification of Class I Areas</FP> <FP SOURCE="FP1-2">D. Calculations of Baseline, Current, and Natural Visibility Conditions; Progress to Date; and the Uniform Rate of Progress</FP> <FP SOURCE="FP1-2">E. Long-Term Strategy for Regional Haze</FP> <FP SOURCE="FP1-2">1. Source Selection</FP> <FP SOURCE="FP1-2">2. Four-Factor Analysis</FP> <FP SOURCE="FP1-2">3. Additional Long-Term Strategy Requirements</FP> <FP SOURCE="FP1-2">F. Reasonable Progress Goals</FP> <FP SOURCE="FP1-2">G. Monitoring Strategy and Other Implementation Plan Requirements</FP> <FP SOURCE="FP1-2">H. Requirements for Periodic Reports Describing Progress Towards the Reasonable Progress Goals</FP> <FP SOURCE="FP1-2">I. Requirements for State and Federal Land Manager Coordination</FP> <FP SOURCE="FP-2">VI. What action is the EPA proposing to take?</FP> <FP SOURCE="FP-2">VII. Environmental Justice Considerations</FP> <FP SOURCE="FP-2">VIII. Statutory and Executive Order Reviews</FP> </EXTRACT> <HD SOURCE="HD1">I. Written Comments</HD> Submit your comments, identified by Docket ID No. EPA-R07-OAR-2024-0286, at <E T="03">https://www.regulations.gov.</E> Once submitted, comments cannot be edited or removed from <E T="03">Regulations.gov</E> . 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 ( <E T="03">i.e.,</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 <E T="03">https://www.epa.gov/dockets/commenting-epa-dockets.</E> <HD SOURCE="HD1">II. What is being addressed in this document?</HD> On August 26, 2022, the Missouri Department of Natural Resources (MoDNR) submitted a plan to the EPA to satisfy the regional haze program requirements pursuant to CAA sections 169A and 40 CFR 51.308. The EPA is proposing to partially approve and partially disapprove Missouri's Regional Haze plan for the second planning period. Consistent with section 110(k)(3) of the CAA, the EPA may partially approve portions of a submittal if those elements meet all applicable requirements and may disapprove the remainder so long as the elements are fully separable. <SU>1</SU> <FTREF/> As required by section 169A of the CAA, the Federal RHR calls for state and Federal agencies to work together to improve visibility in 156 national parks and wilderness areas. The rule requires the states, in coordination with the EPA, NPS, FWS, FS, and other interested parties, to develop and implement air quality protection plans to reduce the pollution that causes visibility impairment. Visibility impairing pollutants include fine and coarse particulate matter (PM) ( <E T="03">e.g.,</E> sulfates, nitrates, organic carbon, elemental carbon, and soil dust) and their precursors ( <E T="03">e.g.,</E> sulfur dioxide (SO <E T="52">2</E> ), nitrogen oxides (NO <E T="52">X</E> ), and, in some cases, volatile organic compounds (VOC) and ammonia (NH <E T="52">3</E> )). As discussed in further detail below, the EPA is proposing to find that Missouri has submitted a Regional Haze plan that does not meet all the Regional Haze requirements for the second planning period. For the reasons described in this document, the EPA is proposing to approve the elements of Missouri's plan related to requirements contained in 40 CFR 51.308(f)(1), (f)(5), (f)(6), and (g)(1) through (g)(5). The EPA is proposing to disapprove the elements of Missouri's plan related to requirements contained in 40 CFR 51.308(f)(2), (f)(3), and (i). The State's submission can be found in the docket for this action. <FTNT> <SU>1</SU>   <E T="03">See</E> CAA section 110(k)(3) and July 1992 EPA memorandum titled “Processing of State Implementation Plan (SIP) Submittals” from John Calcagni, <E T="03">at https://www.epa.gov/sites/default/files/2015-07/documents/procsip.pdf.</E> </FTNT> <HD SOURCE="HD1">III. Background and Requirements for Regional Haze Plans</HD> <HD SOURCE="HD2">A. Regional Haze Background</HD> In the 1977 CAA Amendments, Congress created a program for protecting visibility in the nation's mandatory Class I Federal areas, which include certain national parks and wilderness areas. <SU>2</SU> <FTREF/> CAA section 169A. The CAA establishes as a national goal the “prevention of any future, and the remedying of any existing, impairment of visibility in mandatory class I Federal areas which impairment results from manmade air pollution.” CAA section 169A(a)(1). The CAA further directs the EPA to promulgate regulations to assure reasonable progress toward meeting this national goal. CAA section 169A(a)(4). On December 2, 1980, the EPA promulgated regulations to address visibility impairment in mandatory Class I Federal Areas (hereinafter referred to as “Class I Areas”) that is “reasonably attributable” to a single source or small group of sources. (45 FR 80084, December 2, 1980). These regulations, codified at 40 CFR 51.300 through 51.307, represented the first phase of the EPA's efforts to address visibility impairment. In 1990, Congress added section 169B to the CAA to further address visibility impairment, specifically, impairment from Regional Haze. CAA section 169B. The EPA prom ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 209k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
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