[Federal Register Volume 85, Number 101 (Tuesday, May 26, 2020)]
[Notices]
[Pages 31537-31538]
[FR Doc No: 2020-11178]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4504-DR; Docket ID FEMA-2020-0001]

Kansas; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Kansas (FEMA-4504-DR), dated March 29, 2020,
and related determinations.

DATES: The declaration was issued March 29, 2020.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated March 29, 2020, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the emergency conditions in the State of
Kansas resulting from the Coronavirus Disease 2019 (COVID-19)
pandemic beginning on January 20, 2020, and continuing, are of
sufficient severity and magnitude to warrant a major disaster
declaration under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists in
the State of Kansas.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds

available for these purposes such amounts as you find necessary for
Federal disaster assistance and administrative expenses.
    You are authorized to provide assistance for emergency
protective measures (Category B), including direct Federal
assistance, under the Public Assistance program throughout the
State. Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance will be limited to 75 percent of the total
eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Paul Taylor, of FEMA is appointed to
act as the Federal Coordinating Officer for this major disaster.
    The following areas of the State of Kansas have been designated as
adversely affected by this major disaster:

    Emergency protective measures (Category B) not authorized under
other Federal statutes, including direct Federal assistance, under
the Public Assistance program at 75 percent federal funding for all
areas in the State of Kansas.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-11178 Filed 5-22-20; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 87, Number 106 (Thursday, June 2, 2022)]
[Proposed Rules]
[Pages 33464-33466]
[FR Doc No: 2022-11822]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2022-0432; FRL-9851-01-R7]

Air Plan Partial Approval and Partial Disapproval; Missouri;
Construction Permits Required

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing partial
approval and partial disapproval of revisions to the Missouri State
Implementation Plan (SIP) received on March 20, 2019 and June 10, 2021.
The SIP revisions in the 2019 and 2021 submittals incorporate updates
to construction permit requirement regulations for stationary and
portable air sources in Missouri that help ensure ambient air quality
standards are met. The changes include numerous organizational changes,
administrative and typographical edits to improve clarity of the
construction permit process. The revisions include added procedures for
the Missouri Department of Natural Resources (MoDNR) to issue general
permits. For portable equipment installations, the potential to emit
major source threshold of particulate matter was changed to match
federal requirements. The changes proposed for approval meet the
requirements of the Clean Air Act.
    EPA is proposing to disapprove section (1)(B) regarding voluntary
permits. EPA is proposing disapproval because the language of the
provision is too vague and does not provide sufficient clarity for
implementation.

DATES: Comments must be received on or before July 5, 2022.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2022-0432 to https://www.regulations.gov. Follow the online
instructions for submitting comments.
    Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received will be posted without
change to https://www.regulations.gov/, 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 SUPPLEMENTARY INFORMATION section of this
document.

FOR FURTHER INFORMATION CONTACT: Keith Johnson, Environmental
Protection Agency, Region 7 Office, Air Permitting and Standards
Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number:
(913) 551-7737; email address: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.

Table of Contents

I. Written Comments
II. What is being addressed in this document?
III. What is EPA's analysis of the rule revisions?
IV. Have the requirements for approval of a SIP revision been met?
V. What Action is the EPA taking?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews

I. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2022-
0432, at https://www.regulations.gov. Once submitted, comments cannot
be edited or removed from Regulations.gov. 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 (i.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 https://www.epa.gov/dockets/commenting-epa-dockets.

II. What is being addressed in this document?

    The EPA is proposing to partially approve and partially disapprove
a submission from Missouri that revises 10 CSR 10-6.060 Construction
Permits Required. The revisions were received by EPA on March 20, 2019
and June 10, 2021. The EPA's analysis of the revisions can be found in
Section III and in more detail in the technical support document (TSD)
included in this docket.

III. What is EPA's analysis of the rule revisions?

    In the 2019 SIP submission, MoDNR stated that the revisions to this
rule were extensive in order to clarify requirements and procedures for
improving readability and regulatory certainty. These proposed changes
remove outdated references to incorporation by reference information
and added appropriate incorporation by reference information to this
rule. The proposed changes clarify the definition of ``portable
equipment installation'' and added procedures for issuing general
permits in addition to other minor typographical corrections.
    Also in Missouri's 2019 submission, the State requested to add a
provision for voluntary permits. The EPA is proposing to disapprove
section (1)(B) of 10 CSR 10-6.060 regarding voluntary permits. EPA
proposes to find the language of section (1)(B) to be too vague for the
conditions in which these permits would be issued based on the
requirements of 40 CFR 51.160(a), CAA section 110(a)(2)(A), and the
John S. Seitz EPA Guidance Memo of September 23, 1987, titled ``Review
of State Implementation Plans and Revisions for Enforceability and
Legal Sufficiency.'' For a SIP revision to be approved, EPA evaluates
the rule revisions to ensure that any new provisions are permanent,
quantifiable, and enforceable. EPA is proposing disapproval because
there is no information in the rule on the conditions, requirements,
and parameters for applying for, issuing, or implementing voluntary
permits. Based on the limited language in the rule, it is unclear how
MoDNR intends to implement the proposed provision. The rule text and
EPA's full analysis of the requested revisions is included in the TSD.
    Missouri's 2021 SIP submission amendments consist primarily of
administrative text edits and clarifications. A clarification to the
definition of Portable equipment was added in Section 2 to explicitly
state that ``any other air pollutant'' includes PM10 and
PM2.5. As discussed in the TSD, EPA proposes to find that
this rule revision would not interfere with maintenance of the
PM2.5 or PM10 NAAQS. The submission also
clarifies referenced materials and ensures consistency with the federal
requirements.
    Based on EPA's analysis of the requested revisions to 10 CSR 10-
6.060 as summarized here and more fully described in the TSD, EPA
proposes to approve all requested revisions, other than section (1)(B)
regarding voluntary permits, because they meet the requirements of the
Clean Air Act, do not negatively impact the stringency of

the SIP, or have an adverse impact to air quality.

IV. Have the requirements for approval of a SIP revision been met?

    With respect to the portions of the submittal which EPA is
approving, 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 August 1,
2018 to October 4, 2018 and received 56 comments. 32 comments were made
by EPA, 21 comments from State of Missouri Air Program Staff, and 4
from the public. The State of Missouri revised the rule and responded
to comments prior to submitting to the EPA. In addition, as explained
above (and in more detail in the technical support document which is
included in the docket for this action), the revisions proposed for
approval meet the substantive SIP requirements of the CAA, including
section 110 and implementing regulations.
    As explained in Section III and further in the TSD, EPA is
proposing to disapprove section (1)(B) of 10 CSR 10-6.060 regarding
voluntary permits.

V. What action is the EPA taking?

    We are processing this as a proposed action because we are
soliciting comments on this proposed action. Final rulemaking will
occur after consideration of any comments. The State of Missouri
previously conducted a public notice on the rule changes and responded
to all comments. We are publishing the proposed rule in the Federal
Register to partially approve and partially disapprove the SIP
submission. Any parties interested in commenting must do so by the date
listed in the DATES section of the document. For further information
about commenting on this proposed rule, see the ADDRESSES section of
the document. The EPA is soliciting comment on the substantive and
administrative 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. If EPA receives adverse
comment, we will address all public comments in the subsequent final
rule based on the proposed rule.

VI. 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 Regulations of 10 CSR 10-6.060
Construction Permits Required as described in Section II of this
preamble and set forth below in the proposed 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).

VII. 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. 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 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. 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).
    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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: May 27, 2022.
Meghan A. McCollister,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA proposes to amend
40 CFR part 52 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart AA-Missouri

0
2. In Sec.  52.1320, the table in paragraph (c) is amended by revising
the entry ``10-6.060'' to read as follows:

Sec.  52.1320  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Missouri Regulations
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                                                        State
    Missouri  citation              Title          effective date     EPA approval date         Explanation
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                                    Missouri Department of Natural Resources
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    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
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                                                  * * * * * * *
10-6.060.................  Construction Permits         5/30/2020  [Date of publication    Provisions of the
                            Required.                               of the final rule in    2010 PM2.5 PSD--
                                                                    the Federal             Increments, SILs and
                                                                    Register], [Federal     SMCs rule relating
                                                                    Register citation of    to SILs and SMCs
                                                                    the final rule].        that were affected
                                                                                by the January 22,
                                                                                2013 U.S. Court of
                                                                                Appeals decision are
                                                                                not SIP approved.
                                                                                Provisions of the
                                                                                2002 NSR reform rule
                                                                                relating to the
                                                                                Clean Unit
                                                                                Exemption, Pollution
                                                                                Control Projects,
                                                                                and exemption from
                                                                                recordkeeping
                                                                                provisions for
                                                                                certain sources
                                                                                using the actual-to-
                                                                                projected-actual
                                                                                emissions
                                                                                projections test are
                                                                                not SIP approved.
                                                                                ``Livestock and
                                                                                livestock handling
                                                                                systems from which
                                                                                the only potential
                                                                                contaminant is
                                                                                odorous gas.''
                                                                                Section 9,
                                                                                pertaining to
                                                                                hazardous air
                                                                                pollutants, is not
                                                                                SIP approved.
                                                                                EPA previously
                                                                                approved the 3/30/
                                                                                2016 state effective
                                                                                date version of 10
                                                                                CSR 10-6.060, with
                                                                                the above
                                                                                exceptions, in a
                                                                                Federal Register
                                                                                document published
                                                                                October 11, 2016.
                                                                                Section (1)(B) of 10
                                                                                CSR 10-6.060
                                                                                covering the
                                                                                voluntary permit
                                                                                provision is not SIP
                                                                                approved.

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[FR Doc. 2022-11822 Filed 6-1-22; 8:45 am]
BILLING CODE 6560-50-P