EPA Approves Missouri NOx Rules Removal
Summary
The Environmental Protection Agency (EPA) is taking final action to approve a revision to the State Implementation Plan (SIP) submitted by the Missouri Department of Natural Resources (MoDNR) on November 14, 2018. MoDNR requested that the EPA remove from its SIP two rules related to control of emissions of nitrogen oxides (NO<INF>X</INF>). One of the rules previously applied to electricity generating units (EGUs) and certain non-EGUs in a portion of the state and the other rule previously applied to EGUs throughout the entire state. The EPA has already approved a SIP revision that included provisions to sunset the two rules, and removal of the now-sunsetted rules from the SIP would not have an adverse effect on air quality. The EPA's approval of this rule revision is being done in accordance with the requirements of the Clean Air Act (CAA).
Compliance Requirements
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The EPA is approving the removal of 10 Code of State Regulations (CSR) 10-6.360, Control of NOx Emissions From Electric Generating Units and Non-Electric Generating Boilers, and 10 CSR 10-6.350, Emission Limitations and Emissions Trading of Oxides of Nitrogen, from the Missouri SIP.; 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 February 28, 2018, to April 5, 2018 and received one comment from the EPA.; Missouri's official submission addressed the EPA's comment.
Market Impacts
Removal of obsolete rules related to control of emissions of nitrogen oxides (NOx) from the Missouri SIP, which were sunsetted in 2009 and have not been in effect since. This action is not expected to have an adverse effect on air quality.; Identified compliance gap for NOx SIP Call-affected large non-EGUs in eastern Missouri remains unaddressed by this action. The removal of the already-sunsetted rules from the state’s SIP would not have any effect on the compliance gap.
Validated Company Impacts
Evergy, Inc.
Evergy operates electricity generating units (EGUs) in Missouri through its Evergy Missouri West segment, which directly aligns with the rule's focus on removing obsolete NOx emission control requirements for EGUs in the state. As an electric utility with generation facilities, the company would be directly affected by changes to Missouri's SIP regulations governing emissions from power plants. The rule involves removing obsolete NOx emission control regulations in Missouri, which has minimal alignment with the company's disclosed risk factors. The company's only regulatory risk mentions 'regulatory-driven market rule changes' but focuses on operational disruptions rather than environmental compliance, and there is no indication of operations in Missouri or involvement with electricity generation units affected by this rule.