2026-14880: Air Plan Approval; Missouri; Control of Emissions During Petroleum Liquid Storage, Loading, and Transfer

Federal Register, Volume 91 Issue 140 (Thursday, July 23, 2026) [Federal Register Volume 91, Number 140 (Thursday, July 23, 2026)] [Rules and Regulations] [Pages 46294-46296] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2026-14880] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2025-3822; FRL-13146-02-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 Missouri State Implementation Plan (SIP) related to the control of emissions during petroleum liquid storage, loading, and transfer in the St. Louis area. The revisions to this rule include revising the tank size threshold applicability of the rule, adding incorporations by reference to other State rules, adding definitions specific to the rule, revising unnecessarily restrictive or duplicative language, adding a streamlined process for modifications to vapor recovery systems at gasoline dispensing facilities and thereby eliminating the associated permitting requirement, and clarifying rule language on testing and reporting. The revisions make this provision consistent with a similar rule that is applicable to the Kansas City, Missouri [[Page 46295]] area and regulates the same type of facilities. The EPA's final approval of this rule revision is being done in accordance with the requirements of the CAA.

Dates

This final rule is effective on August 24, 2026.

Addresses

The EPA has established a docket for this action under Docket ID No. EPA-R07-OAR-2025-3822. 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. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through https://www.regulations.gov or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional information.

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: [email protected].

Supplementary Information

Throughout this document ``we,'' ``us,'' and ``our'' refer to the 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 revisions to the Missouri SIP, 10 Code of State Regulations (CSR) 10-5.220 ``Control of Emissions During Petroleum Liquid Storage, Loading and Transfer,'' submitted to the EPA on March 7, 2019. 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 St. Louis metropolitan area that contribute to the formation of ozone. Missouri's rule revisions are detailed in the EPA's notice of proposed rulemaking, published on April 23, 2026 (91 FR 21751). The EPA finds that these revisions meet the requirements of the CAA and do not impact the State's ability to attain or maintain the National Ambient Air Quality Standards (NAAQS). 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 August 1, 2018, to October 4, 2018, and held a public hearing on September 27, 2018. The State of Missouri received twenty-nine (29) comments from seven sources during the comment period on 10 CSR 10-5.220. The EPA provided three comments. In response to the EPA's comments, Missouri provided additional clarification by submitting supplemental information to the EPA on August 1, 2019. Missouri responded to all comments and revised the rule based on some of the public comments made, as noted in the State submission included in the docket for this action. 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 April 23, 2026, the date of its publication in the Federal Register, and closed on May 26, 2026 (91 FR 21751). During this period, the EPA received one anonymous comment opposing the proposed action, available in the docket for this rulemaking. The commenter expressed a general objection to revising or removing fossil fuel regulations, citing global economic and environmental damage. The comment is broad and lacks specific information directly relevant to the proposed changes in this action. The scope of this rulemaking action is strictly dictated by the statutory limits of section 110 of the CAA. The EPA has determined that these changes meet the requirements of the CAA and will not adversely impact air quality or interfere with the State's ability to maintain the NAAQS.

IV. What action is the EPA taking?

The EPA is taking final action to amend the Missouri SIP by approving the State's revisions 10 CSR 10-5.220 ``Control of Emissions During Petroleum Liquid Storage, Loading, and Transfer.'' This final action approves these amendments as part of the SIP. The EPA has determined that these changes meet the requirements of the CAA and will not adversely impact air quality or interfere with the State's ability to maintain the NAAQS, reasonable further progress, or other CAA requirements.

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 10-5.220 discussed in section I. of this preamble and as set forth below in the amendments to 40 CFR part 52. The purpose of the State regulation is to restrict VOC emissions from the handling of petroleum liquids to reduce hydrocarbon emissions in the St. Louis 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 SIP, 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 EPA's approval, and will be incorporated by reference in the next update to the SIP compilation.\1\ --------------------------------------------------------------------------- \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 an Executive Order 14192 (90 FR 9065, February 6, 2025) regulatory action because this action is not [[Page 46296]] significant 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 Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA. 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). 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 21, 2026. 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: July 9, 2026. 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 0