Air Quality State Implementation Plans; Approval and Promulgation: Missouri; 2013 State Implementation Plan for the 2008 Lead Standard, 62572-62575 [2014-24759]
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62572
Federal Register / Vol. 79, No. 202 / Monday, October 20, 2014 / Rules and Regulations
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
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11. Indian Tribal Governments
13:53 Oct 17, 2014
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§ 165.T09–0916 Security Zone; Cruise Ship
HAMBURG, Lake Michigan, Milwaukee, WI
and Chicago, IL.
12. Energy Effects
(a) Location. All waters of Lake
Michigan within a 500-yard radius of
the Cruise Ship HAMBURG.
(b) Effective and enforcement period.
This rule is effective from 5 p.m. on
October 1, 2014 until 12:01 a.m. on
October 31, 2014. This rule will be
enforced intermittently with actual
notice between October 1, 2014 and
October 4, 2014 and between October
11, 2014 and October 27, 2014.
(c) Regulations.
(1) In accordance with the general
regulations in § 165.33 of this part, entry
into this zone is prohibited, unless
authorized by the U.S. Coast Guard
Captain of the Port Lake Michigan or an
on-scene representative. Other general
requirements in § 165.33 also apply.
(2) The ‘‘on-scene representative’’ of
the Captain of the Port Lake Michigan
is any Coast Guard commissioned,
warrant or petty officer who has been
designated by the Captain of the Port
Lake Michigan to act on her behalf.
(3) Vessel operators desiring to enter
or operate within the security zone shall
contact the Captain of the Port Lake
Michigan or an on-scene representative
to obtain permission to do so. The
Captain of the Port Lake Michigan or her
on-scene representative may be
contacted via VHF Channel 16. Vessel
operators given permission to enter or
operate in the security zone must
comply with all directions given to
them by the Captain of the Port Lake
Michigan, or an on-scene representative.
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of a security zone and,
therefore it is categorically excluded
from further review under paragraph
34(g) of Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
VerDate Sep<11>2014
responsibilities between the Federal
Government and Indian tribes.
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapters 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T09–0916 to read as
follows:
■
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Dated: October 1, 2014.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the
Port, Lake Michigan.
[FR Doc. 2014–24917 Filed 10–17–14; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2014–0448; FRL–9918–18–
Region–7]
Air Quality State Implementation
Plans; Approval and Promulgation:
Missouri; 2013 State Implementation
Plan for the 2008 Lead Standard
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the State
SUMMARY:
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Federal Register / Vol. 79, No. 202 / Monday, October 20, 2014 / Rules and Regulations
Implementation Plan (SIP) for the State
of Missouri. This final action will
approve Missouri’s SIP for the lead
National Ambient Air Quality Standard
(NAAQS) nonattainment area of
Herculaneum, Missouri. EPA proposed
approval of this plan on July 24, 2014.
The applicable standard addressed in
this action is the lead NAAQS
promulgated by EPA in 2008. EPA
believes Missouri’s SIP satisfies the
applicable requirements of the Clean Air
Act (CAA) identified in EPA’s 2008
Final Rule and will bring the area into
attainment of the 0.15 micrograms per
cubic meter (ug/m3) lead NAAQS in the
Herculaneum, Missouri area.
In this action, EPA is also finalizing
its approval of a revision to the Missouri
SIP related to the 2007 Consent
Judgment which was previously
approved into the Missouri SIP for the
1978 lead NAAQS.
DATES: This final rule is effective on
November 19, 2014.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2014–0448. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
i.e., 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 either electronically through
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Air Planning and Development Branch,
11201 Renner Boulevard, Lenexa,
Kansas 66219. The Regional Office’s
official hours of business are Monday
through Friday, 8:00 to 4:30 excluding
Federal holidays. The interested persons
wanting to examine these documents
should make an appointment with the
office at least 24 hours in advance.
FOR FURTHER INFORMATION CONTACT:
Stephanie Doolan, Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
913–551–7719, or by email at
doolan.stephanie@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to EPA. This section
provides additional information by
addressing the following:
I. What is being addressed in this document?
II. Have the requirements for approval of a
SIP revision been met?
III. EPA’s Response to Comments
IV. What action is EPA taking?
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62573
I. What is being addressed in this
document?
In this document, EPA is granting
final approval of Missouri’s SIP for the
lead NAAQS nonattainment area of
Herculaneum, Missouri. The applicable
standard addressed in this action is the
lead NAAQS promulgated by EPA in
2008 (73 FR 66964). EPA is also granting
final approval to a revision to the
Missouri SIP related to the 2007
Consent Judgment which was
previously approved in the Missouri SIP
as for the 1978 lead NAAQS (77 FR
9529, February 17, 2012). EPA’s
proposal containing the background
information for this action can be found
at 79 FR 42991, July 24, 2014.
appropriate action to ensure the area
will attain and maintain the 2008 lead
NAAQS.
IV. What action is EPA taking?
EPA is taking final action to amend
the Missouri SIP to approve Missouri’s
SIP for the lead NAAQS nonattainment
area of Herculaneum, Missouri. The
applicable standard addressed in this
action is the lead NAAQS promulgated
by EPA in 2008 (73 FR 66964). EPA is
also granting final approval to a revision
to the Missouri SIP related to the 2007
Consent Judgment which was
previously approved in the Missouri SIP
for the 1978 lead NAAQS (77 FR 9529,
February 17, 2012).
II. Have the requirements for approval
of a SIP revision been met?
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. In addition, as
explained above and in more detail in
the technical support document which
is part of this document, the revision
meets the substantive SIP requirements
of the CAA, including Section 110 and
implementing regulations.
III. EPA’s Response to Comments
The public comment period on EPA’s
proposed rule opened July 24, 2014, the
date of its publication in the Federal
Register, and closed on August 25,
2014. During this period, EPA received
one comment.
Comment 1: The commenter notes
that the modeling shows that Missouri’s
SIP will bring the area into attainment.
The commenter states that should lead
concentration measurements show that
the SIP is not producing the modeled
reductions in lead (or better) that the
commenter would no longer support the
strategy and suggests that at that time a
revised plan be created and
implemented.
Response 1: EPA agrees that the
modeling shows that Missouri’s SIP will
bring the area into attainment. EPA
notes that if the measures in the SIP are
not maintaining attainment of the lead
NAAQS that the SIP includes
contingency measures that will be
implemented to ensure additional
reductions are achieved and that the
area maintains the NAAQS. The
contingency measures are described in
detail in the proposal to this action 79
FR 42991. If implementation of the
contingency measures does not bring
the area back into attainment, section
110 of the CAA authorizes EPA to take
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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,
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’’ under the terms of Executive
Order 12866 (58 FR 51735, October 4,
1993) and is therefore not subject to
review under Executive Orders 12866
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
Section 12(d) of the National
Technology Transfer and Advancement
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Federal Register / Vol. 79, No. 202 / Monday, October 20, 2014 / Rules and Regulations
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; 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).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
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 December 19, 2014. 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).)
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: September 29, 2014.
Becky Weber,
Acting Regional Administrator, Region 7.
For the reasons stated in the
preamble, the Environmental Protection
Agency 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
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
2. In § 52.1320:
a. Amend the table in paragraph (d) by
adding two entries at the end of the
table in numerical order; and
■ b. Amend the table in paragraph (e) by
adding an entry at the end of the table
in numerical order.
The amendments read as follows:
§ 52.1320
■
■
*
Identification of plan.
*
*
(d) * * *
*
*
EPA-APPROVED MISSOURI SOURCE-SPECIFIC PERMITS AND ORDERS
Name of source
*
*
(27) Doe Run Herculaneum, MO ..
*
Consent Judgment
07JE–CC00552;
(28) Doe Run Herculaneum, MO ..
Consent
Judgment
CC00557.
*
*
*
*
State effective
date
Order/permit number
*
*
Modification
13JE–
10/19/11
6/19/13
EPA approval
date
Explanation
*
10/20/14 and [Insert Federal
Register citation].
10/20/14 and [Insert Federal
Register citation].
*
*
Modification to section 2.B.1. of
the 2007 Consent Judgment.
(e) * * *
EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS
Applicable geographic or nonattainment
area
*
*
(62) Implementation Plan for the 2008
Lead NAAQS.
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Name of nonregulatory SIP provision
*
*
City of Herculaneum, MO ...........................
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State submittal
date
*
4/18/13
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EPA approval date
*
10/20/14 and [Insert
Federal Register
citation].
20OCR1
Explanation
*
Federal Register / Vol. 79, No. 202 / Monday, October 20, 2014 / Rules and Regulations
[FR Doc. 2014–24759 Filed 10–17–14; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 100120037–1626–02]
RIN 0648–XD549
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; 2014
Accountability Measures and Closure
for Commercial Wrasses in the U.S.
Caribbean Off Puerto Rico
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; accountability
measure.
AGENCY:
NMFS implements
accountability measures (AMs) for
commercial wrasses in the exclusive
economic zone of the U.S. Caribbean
(EEZ) off Puerto Rico for the 2014
fishing year through this temporary rule.
NMFS has determined that the
commercial annual catch limit (ACL) for
wrasses off Puerto Rico, as estimated by
the Science and Research Director
(SRD), was exceeded based on average
landings during the 2011–2012 fishing
years. This temporary rule reduces the
length of the 2014 commercial fishing
season for wrasses off Puerto Rico by the
amount necessary to ensure that
landings do not exceed the commercial
ACL in 2014. NMFS implements AMs
and closes the commercial sector for
wrasses off Puerto Rico at 12:01 a.m.,
local time, on October 20, 2014, through
the end of the fishing year, December
31, 2014. These AMs are necessary to
protect the Caribbean wrasses resource.
DATES: The AMs for commercial wrasses
in the EEZ off Puerto Rico are effective
12:01 a.m., local time, October 20, 2014,
until 12:01 a.m., local time, January 1,
2015.
FOR FURTHER INFORMATION CONTACT:
William S. Arnold, telephone: 727–824–
5305, email: Bill.Arnold@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef
fish fishery of the Caribbean, which
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SUMMARY:
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Jkt 235001
includes wrasses (i.e., hogfish
(Lachnolaimus maximus), puddingwife
(Halichoeres radiatus), and Spanish
hogfish (Bodianus rufus)), is managed
under the Fishery Management Plan for
the Reef Fish Fishery of Puerto Rico and
the U.S. Virgin Islands (FMP). The FMP
was prepared by the Caribbean Fishery
Management Council and is
implemented under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) by regulations
at 50 CFR part 622. The ACLs specified
in this temporary rule are given in
round weight.
The commercial ACL for wrasses in
the Puerto Rico management area is
54,147 lb (24,561 kg), as specified at 50
CFR 622.12(a)(1)(i)(L).
In accordance with regulations at 50
CFR 622.12(a), if landings from a
Caribbean island management area, as
specified in Appendix E to part 622, are
estimated by the SRD to have exceeded
the applicable ACL, the Assistant
Administrator for Fisheries, NOAA,
(AA), will file a notification with the
Office of the Federal Register to reduce
the length of the fishing season for the
applicable species or species groups that
year by the amount necessary to ensure
landings do not exceed the applicable
ACL, as specified at 50 CFR 622.12(a)(1)
for Puerto Rico management area
species or species groups. Landings will
be evaluated relative to the applicable
ACL based on a moving multi-year
average of landings, as described in the
FMP. The most recent data is from the
2011 and 2012 fishing years. Data from
2013 are not available at this time.
Therefore, NMFS has determined the
commercial ACL for wrasses based on
2011–2012 data has been exceeded. This
temporary rule implements AMs for the
commercial sector for wrasses to reduce
the 2014 fishing season to ensure
landings do not exceed the commercial
ACL for wrasses in the 2014 fishing
year. The 2014 fishing season for the
commercial sector for wrasses in or from
the Puerto Rico management area of the
EEZ ends at 12:01 a.m., local time, on
October 20, 2014. The 2015 fishing
season begins 12:01 a.m., local time,
January 1, 2015.
Classification
The Regional Administrator,
Southeast Region, NMFS, has
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62575
determined this temporary rule is
necessary for the conservation and
management of wrasses in the U.S.
Caribbean off Puerto Rico and is
consistent with the Magnuson-Stevens
Act, the FMP, and other applicable
laws.
This action is taken under 50 CFR
622.12(a) and is exempt from review
under Executive Order 12866.
These measures are exempt from the
procedures of the Regulatory Flexibility
Act because the temporary rule is issued
without opportunity for prior notice and
comment.
This action responds to the best
scientific information available. The
Assistant Administrator for Fisheries,
NOAA (AA), finds good cause to waive
the requirements to provide prior notice
and opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such prior notice
and opportunity for public comment is
unnecessary and contrary to the public
interest. Such procedures are
unnecessary because the rules
implementing the ACLs and AMs for
these species and species groups have
been subject to notice and comment,
and all that remains is to notify the
public that the ACLs were exceeded and
that the AMs for wrasses are being
implemented for the 2014 fishing year.
Allowing prior notice and opportunity
for public comment is contrary to the
public interest because of the need to
immediately implement this action to
protect the wrasses resource. The
capacity of the fishing fleet allows for
rapid harvest of the ACL and prior
notice and opportunity for public
comment would result in a harvest well
in excess of the established commercial
ACL.
For the aforementioned reasons, the
AA also finds good cause to waive the
30-day delay in the effectiveness of this
action under 5 U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: October 15, 2014.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2014–24924 Filed 10–16–14; 11:15 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 79, Number 202 (Monday, October 20, 2014)]
[Rules and Regulations]
[Pages 62572-62575]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24759]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2014-0448; FRL-9918-18-Region-7]
Air Quality State Implementation Plans; Approval and
Promulgation: Missouri; 2013 State Implementation Plan for the 2008
Lead Standard
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the State
[[Page 62573]]
Implementation Plan (SIP) for the State of Missouri. This final action
will approve Missouri's SIP for the lead National Ambient Air Quality
Standard (NAAQS) nonattainment area of Herculaneum, Missouri. EPA
proposed approval of this plan on July 24, 2014. The applicable
standard addressed in this action is the lead NAAQS promulgated by EPA
in 2008. EPA believes Missouri's SIP satisfies the applicable
requirements of the Clean Air Act (CAA) identified in EPA's 2008 Final
Rule and will bring the area into attainment of the 0.15 micrograms per
cubic meter (ug/m\3\) lead NAAQS in the Herculaneum, Missouri area.
In this action, EPA is also finalizing its approval of a revision
to the Missouri SIP related to the 2007 Consent Judgment which was
previously approved into the Missouri SIP for the 1978 lead NAAQS.
DATES: This final rule is effective on November 19, 2014.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2014-0448. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, i.e., 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 either electronically through
www.regulations.gov or in hard copy at the Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219. The Regional Office's official hours of business
are Monday through Friday, 8:00 to 4:30 excluding Federal holidays. The
interested persons wanting to examine these documents should make an
appointment with the office at least 24 hours in advance.
FOR FURTHER INFORMATION CONTACT: Stephanie Doolan, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at 913-551-7719, or by email at
doolan.stephanie@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA. This section provides additional information by
addressing the following:
I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. EPA's Response to Comments
IV. What action is EPA taking?
I. What is being addressed in this document?
In this document, EPA is granting final approval of Missouri's SIP
for the lead NAAQS nonattainment area of Herculaneum, Missouri. The
applicable standard addressed in this action is the lead NAAQS
promulgated by EPA in 2008 (73 FR 66964). EPA is also granting final
approval to a revision to the Missouri SIP related to the 2007 Consent
Judgment which was previously approved in the Missouri SIP as for the
1978 lead NAAQS (77 FR 9529, February 17, 2012). EPA's proposal
containing the background information for this action can be found at
79 FR 42991, July 24, 2014.
II. Have the requirements for approval of a SIP revision been met?
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. In
addition, as explained above and in more detail in the technical
support document which is part of this document, the revision meets the
substantive SIP requirements of the CAA, including Section 110 and
implementing regulations.
III. EPA's Response to Comments
The public comment period on EPA's proposed rule opened July 24,
2014, the date of its publication in the Federal Register, and closed
on August 25, 2014. During this period, EPA received one comment.
Comment 1: The commenter notes that the modeling shows that
Missouri's SIP will bring the area into attainment. The commenter
states that should lead concentration measurements show that the SIP is
not producing the modeled reductions in lead (or better) that the
commenter would no longer support the strategy and suggests that at
that time a revised plan be created and implemented.
Response 1: EPA agrees that the modeling shows that Missouri's SIP
will bring the area into attainment. EPA notes that if the measures in
the SIP are not maintaining attainment of the lead NAAQS that the SIP
includes contingency measures that will be implemented to ensure
additional reductions are achieved and that the area maintains the
NAAQS. The contingency measures are described in detail in the proposal
to this action 79 FR 42991. If implementation of the contingency
measures does not bring the area back into attainment, section 110 of
the CAA authorizes EPA to take appropriate action to ensure the area
will attain and maintain the 2008 lead NAAQS.
IV. What action is EPA taking?
EPA is taking final action to amend the Missouri SIP to approve
Missouri's SIP for the lead NAAQS nonattainment area of Herculaneum,
Missouri. The applicable standard addressed in this action is the lead
NAAQS promulgated by EPA in 2008 (73 FR 66964). EPA is also granting
final approval to a revision to the Missouri SIP related to the 2007
Consent Judgment which was previously approved in the Missouri SIP for
the 1978 lead NAAQS (77 FR 9529, February 17, 2012).
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, 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'' under the terms
of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 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 Section 12(d) of the
National Technology Transfer and Advancement
[[Page 62574]]
Act of 1995 (15 U.S.C. 272 note) because application of those
requirements would be inconsistent with the CAA; 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).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. 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 December 19, 2014. 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: September 29, 2014.
Becky Weber,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, the Environmental
Protection Agency amends 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:
0
a. Amend the table in paragraph (d) by adding two entries at the end of
the table in numerical order; and
0
b. Amend the table in paragraph (e) by adding an entry at the end of
the table in numerical order.
The amendments read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(d) * * *
EPA-Approved Missouri Source-Specific Permits and Orders
----------------------------------------------------------------------------------------------------------------
State
Name of source Order/permit number effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(27) Doe Run Herculaneum, MO.. Consent Judgment 10/19/11 10/20/14 and Modification to
Modification 07JE- [Insert Federal section 2.B.1. of
CC00552; Register the 2007 Consent
citation]. Judgment.
(28) Doe Run Herculaneum, MO.. Consent Judgment 13JE- 6/19/13 10/20/14 and
CC00557. [Insert Federal
Register
citation].
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
EPA-Approved Missouri Nonregulatory SIP Provisions
----------------------------------------------------------------------------------------------------------------
Name of nonregulatory SIP Applicable geographic State
provision or nonattainment area submittal date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(62) Implementation Plan for City of Herculaneum, MO 4/18/13 10/20/14 and
the 2008 Lead NAAQS. [Insert Federal
Register
citation].
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[FR Doc. 2014-24759 Filed 10-17-14; 8:45 am]
BILLING CODE 6560-50-P
