Approval and Promulgation of Implementation Plans; State of Missouri, 11083-11086 [2011-4368]
Download as PDF
<![CDATA[
Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Rules and Regulations
to withdraw and permanently retire 240
oxides of nitrogen (NOX) allowances
from the State’s 2005 new source
allowance set aside under the NOX
Budget Trading Program. On February
13, 2008 (73 FR 8197), EPA approved
the State’s rule revisions, in Ohio
Administrative Code (OAC) rule 3745–
14–05, into the Ohio state
implementation plan (SIP). EPA was
subsequently sued on our action, and on
June 5, 2009, the U.S. Court of Appeals
for the Sixth Circuit vacated our
February 13, 2008 rulemaking. As a
result, we are amending the codification
of the SIP in the Code of Federal
Regulations to reflect the court’s
decision. Because our prior rulemaking
was vacated by the U.S. Court of
Appeals for the Sixth Circuit, our action
today is merely a ministerial action to
reflect the court’s decision, which
imposes no requirements or costs.
Therefore, under 5 U.S.C. 553(b)(3)(B),
notice and public comment is
unnecessary. For similar reasons, EPA
has good cause to waive the 30 day
delayed effective date under 5 U.S.C.
553(d)(3). This rule is effective upon
publication in the Federal Register.
mstockstill on DSKH9S0YB1PROD with RULES
II. What action is EPA taking?
EPA is revising the codification of the
Ohio SIP by removing a reference to
revisions to OAC 3745–14–05 that were
previously incorporated into the Ohio
SIP at 40 CFR 52.1870(c)(142). EPA had
incorporated these revisions to OAC
3745–14–05 into Ohio’s SIP in
rulemaking dated February 13, 2008
(73 FR 8197), but the U.S. Court of
Appeals for the Sixth Circuit
subsequently vacated this action.
Therefore, in this action, we are
removing and reserving the pertinent
paragraph from the Code of Federal
Regulations. Reserving this paragraph is
a technical change to the codification of
the SIP. This action does not alter any
other Ohio SIP rulemaking actions, and
Ohio is not obligated to take any further
action as a result of this action.
III. Statutory and Executive Order
Reviews
This action merely revises the Code of
Federal Regulations to reflect the effect
of a federal court order and it does not
impose any requirements. 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);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
VerDate Mar<15>2010
18:07 Feb 28, 2011
Jkt 223001
• 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
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by May 2, 2011.
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
11083
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, Incorporation by
reference, Intergovernmental relations,
Oxides of Nitrogen, Oxides of Nitrogen
Budget Trading Program.
Dated: February 14, 2011.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart KK—Ohio
§ 52.1870
[Amended]
2. Section 52.1870 is amended by
removing and reserving paragraph
(c)(142).
■
[FR Doc. 2011–4373 Filed 2–28–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2010–0168; FRL–9271–5]
Approval and Promulgation of
Implementation Plans; State of
Missouri
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve revisions to the
Missouri State Implementation Plan
(SIP) submitted April 10, 2009. The
revision includes two new rules which
implement restrictions on the idling of
heavy duty diesel vehicles in the Kansas
City Metropolitan Area and in the St.
Louis Ozone Nonattainment Area. EPA
is approving this revision because the
standards and requirements set by the
rules will strengthen the Missouri SIP.
EPA’s approval of this SIP revision is
being done in accordance with the
requirements of the Clean Air Act
(CAA).
SUMMARY:
E:\FR\FM\01MRR1.SGM
01MRR1
11084
Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Rules and Regulations
This direct final rule will be
effective May 2, 2011, without further
notice, unless EPA receives adverse
comment by March 31, 2011. If EPA
receives adverse comment, we will
publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2010–0168, by one of the
following methods:
1. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
2. E-mail: bhesania.amy@epa.gov.
3. Mail or Hand Delivery: Amy
Bhesania, Environmental Protection
Agency, Air Planning and Development
Branch, 901 North 5th Street, Kansas
City, Kansas 66101.
Instructions: Direct your comments to
Docket ID No. EPA–R07–OAR–2010–
0168. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through https://
www.regulations.gov or e-mail
information that you consider to be CBI
or otherwise protected. The https://
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
mstockstill on DSKH9S0YB1PROD with RULES
DATES:
VerDate Mar<15>2010
18:07 Feb 28, 2011
Jkt 223001
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy form. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Air Planning and Development Branch,
901 North 5th Street, Kansas City,
Kansas 66101. 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:
Amy Bhesania at (913) 551–7147 or by
e-mail at bhesania.amy@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’ or
‘‘our’’ refer to EPA.
Table of Contents
I. What revisions is EPA approving?
II. Why is EPA approving Missouri’s SIP
revision?
III. Have the requirements for approval of a
SIP revision been met?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews
I. What revisions Is EPA approving?
On April 10, 2009, Missouri
submitted to EPA for approval into the
SIP two new rules, 10 CSR 10–2.385
Control of Heavy Duty Diesel Vehicle
Idling Emissions for the Kansas City
Ozone Maintenance Area and 10 CSR
10–5.385 Control of Heavy Duty Diesel
Vehicle Idling Emissions for the St.
Louis Ozone Nonattainment Area. These
new rules limit the amount of time a
heavy duty diesel vehicle will be
permitted to idle while parked or while
waiting to load or unload.
These rules apply to owners or
operators of commercial, public and
institutional heavy duty diesel vehicles
(those having a gross vehicle weight
rating (GVWR) of greater than 10,000
pounds) that are designed to operate on
public streets and highways, whether or
not the vehicles are operated on public
roadways. These regulations set a time
limit of five consecutive minutes idling
time (i.e., when a vehicle’s engine is on,
but it is not in gear) in any sixty minute
period. On November 29, 2010,
Missouri requested to withdraw
subsection (3)(A) of both rules from the
April 2009 request. Subsection (3)(A)
states that owners or operators of
passenger load/unload locations shall
not cause or allow vehicles covered by
this rule to idle for more than five
minutes in any sixty minute period.
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
Missouri found that there was a
discrepancy between subsection (3)(A)
and section (1). Section (1),
Applicability, does not mention that the
rules apply to owners or operators of
passenger load/unload locations.
Missouri did not intend for passenger
load/unload locations to be subject to
this rule and thus requested to
withdraw subsection (3)(A) to clarify.
As a result, EPA is not taking action to
approve subsection (3)(A).
The regulations do specify
exemptions to the idling limit for
certain vehicle types and situations.
These exemptions include: road traffic
conditions; safety or emergency uses;
police, fire, ambulance, public safety
and other law enforcement vehicles;
service and repair needs; state or
Federal inspections; mechanical work;
armored vehicles; bus idling for
passenger comfort (no greater than
fifteen minutes in any sixty minute
period); vehicles idling for purposes of
using sleeper berth compartments;
mechanical difficulties; agricultural
operations incidentally operated or
moved upon public roads; vehicles
using auxiliary equipment powered by
the engine; and freight load/unload
locations (no greater than thirty minutes
in any sixty minute period).
Persons violating this rule may be
assessed penalties under state law in
accordance with the penalty provisions
under sections 643.010–643, RSMo.
Enforcement of this regulation will
follow Missouri’s Guidance for
Enforcing the Idle Rules supplied to
EPA as clarification on June 4, 2010.
Therefore, EPA has determined that the
rule meets applicable criteria for
enforceability of SIP requirements.
II. Why is EPA approving Missouri’s
SIP revision?
The rule 10 CSR 10–2.385 Control of
Heavy Duty Diesel Vehicle Idling
Emissions for the Kansas City Ozone
Maintenance Area was included as a
contingency measure in the Kansas City
Maintenance Area 8-hour Maintenance
Plan for the Control of Ozone. The
contingency measure provision in the
plan required the state to implement the
idle reduction regulations upon
violation of the 1997 8-hour ozone
standard. This plan was approved by
EPA and effective on October 9, 2007.
A violation of the standard occurred
during the 2007 ozone season thus
triggering the adoption of the rule. The
10 CSR 10–5.385 Control of Heavy Duty
Diesel Vehicle Idling Emissions for the
St. Louis Ozone Nonattainment Area
was adopted by the state to be
consistent with the Kansas City
Maintenance Area provisions and was
E:\FR\FM\01MRR1.SGM
01MRR1
Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Rules and Regulations
not required to be adopted as part of an
existing SIP measure or contingency
requirement.
These rules will result in reduced
emissions of pollutants that contribute
to ozone and fine particulate matter.
Specifically, these rules lead to
elimination of such pollutants resulting
from unnecessary extended idling of
heavy-duty diesel vehicles. The
pollutants reduced by these regulations
are volatile organic compounds,
nitrogen oxides, carbon monoxide, and
fine particulate matter. The approval of
this rule will strengthen the Missouri
SIP and assist the state in meeting and
maintaining compliance with air quality
standards, including the standard for
ground level ozone.
Missouri’s rule is generally consistent
with EPA’s ‘‘Model State Idling Law’’
(EPA420–S–06–001, April 2006). This
model rule was developed with input
from the states and industry to address
idling issues in a consistent and
understandable manner from state to
state, to aid in compliance.
mstockstill on DSKH9S0YB1PROD with RULES
III. Have the requirements for approval
of a SIP revision been met?
The state submittal has met the public
notice requirements for SIP submissions
in accordance with 40 CFR 51.102. The
submittal also satisfied the
completeness criteria of 40 CFR part 51,
appendix V. In addition, the revision
meets the substantive SIP requirements
of the CAA, including section 110 and
implementing regulations.
IV. What action Is EPA taking?
EPA is taking final action to approve
the request to amend the Missouri SIP
to include Missouri rules 10 CSR 10–
2.385 Control of Heavy Duty Diesel
Vehicle Idling Emissions for the Kansas
City Ozone Maintenance Area and 10
CSR 10–5.385 Control of Heavy Duty
Diesel Vehicle Idling Emissions for the
St. Louis Ozone Nonattainment Area.
The State regulations became effective
February 28, 2009.
We are processing this action as a
direct final action because the revisions
make routine changes to the existing
rules which are noncontroversial.
Therefore, we do not anticipate any
adverse comments. Please note that if
EPA receives adverse comments on part
of this rule and if that part can be
severed from the remainder of the rule,
EPA may adopt as final those parts of
the rule that are not the subject of an
adverse comment.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
VerDate Mar<15>2010
18:07 Feb 28, 2011
Jkt 223001
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 Clean Air Act. 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);
• 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
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
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
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
11085
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 May 2, 2011. 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. Parties with objections to this
direct final rule are encouraged to file a
comment in response to the parallel
notice of proposed rulemaking for this
action published in the proposed rules
section of today’s Federal Register,
rather than file an immediate petition
for judicial review of this direct final
rule, so that EPA can withdraw this
direct final rule and address the
comment in the proposed rulemaking.
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, Motor
carriers, Motor vehicles, Motor vehicle
pollution, Nitrogen oxides, Ozone,
Particulate matter, Reporting and
recordkeeping requirements,
Transportation, Volatile organic
compounds.
Dated: February 16, 2011.
Karl Brooks,
Regional Administrator, Region 7.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et. seq.
Subpart AA—Missouri
2. In § 52.1320 the table in paragraph
(c) is amended by adding new entries in
■
E:\FR\FM\01MRR1.SGM
01MRR1
11086
Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Rules and Regulations
§ 52.1320
numerical order for 10–2.385 under
Chapter 2 and 10–5.385 under Chapter
5 to read as follows:
*
Identification of Plan.
*
*
(c) * * *
*
*
EPA-APPROVED MISSOURI REGULATIONS
Missouri citation
State effective
date
Title
EPA approval date
Explanation
Missouri Department of Natural Resources Chapter 2—Air Quality Standards and Air Pollution Control Regulations for the Kansas City
Metropolitan Area
*
*
*
10–2.385 ................................. Control of Heavy Duty Diesel
Vehicle Idling Emissions.
*
*
*
02/28/09
*
*
*
*
03/01/11 [insert FR page number where the document begins].
*
*
Subsection (3)(A) is not
SIP approved.
*
*
Chapter 5—Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
*
*
*
10–5.385 ................................. Control of Heavy Duty Diesel
Vehicle Idling Emissions.
*
*
*
*
*
*
*
*
[FR Doc. 2011–4368 Filed 2–28–11; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R4–ES–2010–0003; MO
92210–0–0009–B4]
RIN 1018–AW55
Endangered and Threatened Wildlife
and Plants; Designation of Critical
Habitat for Carex lutea (Golden Sedge)
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), designate
critical habitat for the Carex lutea
(golden sedge) under the Endangered
Species Act of 1973, as amended. In
total, approximately 202 acres (82
hectares) in 8 units located in Onslow
and Pender Counties, North Carolina
fall within the boundaries of the critical
habitat designation.
DATES: This final rule becomes effective
on March 31, 2011.
ADDRESSES: This final rule and the
associated final economic analysis are
available on the Internet at https://
www.regulations.gov. Comments and
materials received, as well as supporting
mstockstill on DSKH9S0YB1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
18:07 Feb 28, 2011
*
02/28/09
Jkt 223001
*
*
*
03/01/11 [insert FR page number where the document begins].
*
documentation used in preparing this
final rule, are available for public
inspection, by appointment, during
normal business hours, at the U.S. Fish
and Wildlife Service, Raleigh Fish and
Wildlife Office, 551–F Pylon Drive,
Raleigh, NC 27636; telephone 919–856–
4520; facsimile 919–856–4556.
FOR FURTHER INFORMATION CONTACT: Pete
Benjamin, Field Supervisor, U.S. Fish
and Wildlife Service, Raleigh Fish and
Wildlife Office (see ADDRESSES). If you
use a telecommunications device for the
deaf (TDD), call the Federal Information
Relay Service (FIRS) at 800–877–8339.
SUPPLEMENTARY INFORMATION:
Background
It is our intent to discuss in this final
rule only those topics directly relevant
to the development and designation of
critical habitat for Carex lutea under the
Act (16 U.S.C. 1531 et seq.). For more
information on the taxonomy, biology,
and ecology of Carex lutea, refer to the
final listing rule published in the
Federal Register on January 23, 2002
(67 FR 3120). Information on the
associated draft economic analysis
(DEA) for the proposed rule to designate
critical habitat was published in the
Federal Register on August 3, 2010 (75
FR 45592).
Species Description, Life History,
Distribution, Ecology and Habitat
Carex lutea is a perennial member of
the sedge family (Cyperaceae). Fertile
culms (stems) may reach 39 in (1 m) or
more in height. The yellowish green
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
*
*
Subsection (3)(A) is not
SIP approved.
*
leaves are grass-like, with those of the
culm mostly basal and up to 11 in (28
cm) in length, while those of the
vegetative shoots reach a length of 25.6
in (65 cm).
The species is endemic to Onslow and
Pender Counties in the Black River
section of the Coastal Plain Province of
North Carolina. The North Carolina
Natural Heritage Program (NCNHP)
recognizes eight populations made up of
17 distinct locations or element
occurrences. All of the locations occur
within a 16- by 5-mile (26- by 8kilometer) area, extending southwest
from the community of Maple Hill.
Carex lutea generally occurs on fine
sandy loam, loamy fine sands, and fine
sands with a pH of 5.5 to 7.2, and with
a mean of 6.7. These soils are moist to
saturated to periodically inundated.
Carex lutea occurs in the Pine Savanna
(Very Wet Clay Variant) natural
community type (Schafale 1994, p. 136).
Community structure is characterized
by an open to sparse canopy dominated
by pond pine (Pinus serotina), and
usually with some longleaf pine (P.
palustris) and pond cypress (Taxodium
ascendens).
Carex lutea is threatened by fire
suppression; habitat alteration such as
land conversion for residential,
commercial, or industrial development;
mining; drainage for silviculture and
agriculture; highway expansion; and
herbicide use along utility and highway
rights-of-way.
E:\FR\FM\01MRR1.SGM
01MRR1
]]>Agencies
[Federal Register Volume 76, Number 40 (Tuesday, March 1, 2011)]
[Rules and Regulations]
[Pages 11083-11086]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4368]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2010-0168; FRL-9271-5]
Approval and Promulgation of Implementation Plans; State of
Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve revisions to the
Missouri State Implementation Plan (SIP) submitted April 10, 2009. The
revision includes two new rules which implement restrictions on the
idling of heavy duty diesel vehicles in the Kansas City Metropolitan
Area and in the St. Louis Ozone Nonattainment Area. EPA is approving
this revision because the standards and requirements set by the rules
will strengthen the Missouri SIP. EPA's approval of this SIP revision
is being done in accordance with the requirements of the Clean Air Act
(CAA).
[[Page 11084]]
DATES: This direct final rule will be effective May 2, 2011, without
further notice, unless EPA receives adverse comment by March 31, 2011.
If EPA receives adverse comment, we will publish a timely withdrawal of
the direct final rule in the Federal Register informing the public that
the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2010-0168, by one of the following methods:
1. https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
2. E-mail: bhesania.amy@epa.gov.
3. Mail or Hand Delivery: Amy Bhesania, Environmental Protection
Agency, Air Planning and Development Branch, 901 North 5th Street,
Kansas City, Kansas 66101.
Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2010-0168. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through https://www.regulations.gov or e-mail information that you consider to be CBI
or otherwise protected. The https://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. 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, will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically in https://www.regulations.gov or in hard copy at the
Environmental Protection Agency, Air Planning and Development Branch,
901 North 5th Street, Kansas City, Kansas 66101. 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: Amy Bhesania at (913) 551-7147 or by
e-mail at bhesania.amy@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA.
Table of Contents
I. What revisions is EPA approving?
II. Why is EPA approving Missouri's SIP revision?
III. Have the requirements for approval of a SIP revision been met?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews
I. What revisions Is EPA approving?
On April 10, 2009, Missouri submitted to EPA for approval into the
SIP two new rules, 10 CSR 10-2.385 Control of Heavy Duty Diesel Vehicle
Idling Emissions for the Kansas City Ozone Maintenance Area and 10 CSR
10-5.385 Control of Heavy Duty Diesel Vehicle Idling Emissions for the
St. Louis Ozone Nonattainment Area. These new rules limit the amount of
time a heavy duty diesel vehicle will be permitted to idle while parked
or while waiting to load or unload.
These rules apply to owners or operators of commercial, public and
institutional heavy duty diesel vehicles (those having a gross vehicle
weight rating (GVWR) of greater than 10,000 pounds) that are designed
to operate on public streets and highways, whether or not the vehicles
are operated on public roadways. These regulations set a time limit of
five consecutive minutes idling time (i.e., when a vehicle's engine is
on, but it is not in gear) in any sixty minute period. On November 29,
2010, Missouri requested to withdraw subsection (3)(A) of both rules
from the April 2009 request. Subsection (3)(A) states that owners or
operators of passenger load/unload locations shall not cause or allow
vehicles covered by this rule to idle for more than five minutes in any
sixty minute period. Missouri found that there was a discrepancy
between subsection (3)(A) and section (1). Section (1), Applicability,
does not mention that the rules apply to owners or operators of
passenger load/unload locations. Missouri did not intend for passenger
load/unload locations to be subject to this rule and thus requested to
withdraw subsection (3)(A) to clarify. As a result, EPA is not taking
action to approve subsection (3)(A).
The regulations do specify exemptions to the idling limit for
certain vehicle types and situations. These exemptions include: road
traffic conditions; safety or emergency uses; police, fire, ambulance,
public safety and other law enforcement vehicles; service and repair
needs; state or Federal inspections; mechanical work; armored vehicles;
bus idling for passenger comfort (no greater than fifteen minutes in
any sixty minute period); vehicles idling for purposes of using sleeper
berth compartments; mechanical difficulties; agricultural operations
incidentally operated or moved upon public roads; vehicles using
auxiliary equipment powered by the engine; and freight load/unload
locations (no greater than thirty minutes in any sixty minute period).
Persons violating this rule may be assessed penalties under state
law in accordance with the penalty provisions under sections 643.010-
643, RSMo. Enforcement of this regulation will follow Missouri's
Guidance for Enforcing the Idle Rules supplied to EPA as clarification
on June 4, 2010. Therefore, EPA has determined that the rule meets
applicable criteria for enforceability of SIP requirements.
II. Why is EPA approving Missouri's SIP revision?
The rule 10 CSR 10-2.385 Control of Heavy Duty Diesel Vehicle
Idling Emissions for the Kansas City Ozone Maintenance Area was
included as a contingency measure in the Kansas City Maintenance Area
8-hour Maintenance Plan for the Control of Ozone. The contingency
measure provision in the plan required the state to implement the idle
reduction regulations upon violation of the 1997 8-hour ozone standard.
This plan was approved by EPA and effective on October 9, 2007. A
violation of the standard occurred during the 2007 ozone season thus
triggering the adoption of the rule. The 10 CSR 10-5.385 Control of
Heavy Duty Diesel Vehicle Idling Emissions for the St. Louis Ozone
Nonattainment Area was adopted by the state to be consistent with the
Kansas City Maintenance Area provisions and was
[[Page 11085]]
not required to be adopted as part of an existing SIP measure or
contingency requirement.
These rules will result in reduced emissions of pollutants that
contribute to ozone and fine particulate matter. Specifically, these
rules lead to elimination of such pollutants resulting from unnecessary
extended idling of heavy-duty diesel vehicles. The pollutants reduced
by these regulations are volatile organic compounds, nitrogen oxides,
carbon monoxide, and fine particulate matter. The approval of this rule
will strengthen the Missouri SIP and assist the state in meeting and
maintaining compliance with air quality standards, including the
standard for ground level ozone.
Missouri's rule is generally consistent with EPA's ``Model State
Idling Law'' (EPA420-S-06-001, April 2006). This model rule was
developed with input from the states and industry to address idling
issues in a consistent and understandable manner from state to state,
to aid in compliance.
III. Have the requirements for approval of a SIP revision been met?
The state submittal has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submittal also
satisfied the completeness criteria of 40 CFR part 51, appendix V. In
addition, the revision meets the substantive SIP requirements of the
CAA, including section 110 and implementing regulations.
IV. What action Is EPA taking?
EPA is taking final action to approve the request to amend the
Missouri SIP to include Missouri rules 10 CSR 10-2.385 Control of Heavy
Duty Diesel Vehicle Idling Emissions for the Kansas City Ozone
Maintenance Area and 10 CSR 10-5.385 Control of Heavy Duty Diesel
Vehicle Idling Emissions for the St. Louis Ozone Nonattainment Area.
The State regulations became effective February 28, 2009.
We are processing this action as a direct final action because the
revisions make routine changes to the existing rules which are
noncontroversial. Therefore, we do not anticipate any adverse comments.
Please note that if EPA receives adverse comments on part of this rule
and if that part can be severed from the remainder of the rule, EPA may
adopt as final those parts of the rule that are not the subject of an
adverse comment.
V. 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 Clean Air Act. 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);
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 Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; 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 May 2, 2011. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 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, Motor
carriers, Motor vehicles, Motor vehicle pollution, Nitrogen oxides,
Ozone, Particulate matter, Reporting and recordkeeping requirements,
Transportation, Volatile organic compounds.
Dated: February 16, 2011.
Karl Brooks,
Regional Administrator, Region 7.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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 adding new
entries in
[[Page 11086]]
numerical order for 10-2.385 under Chapter 2 and 10-5.385 under Chapter
5 to read as follows:
Sec. 52.1320 Identification of Plan.
* * * * *
(c) * * *
EPA-Approved Missouri Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
Missouri citation Title effective date EPA approval date Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Missouri Department of Natural Resources Chapter 2--Air Quality Standards and Air Pollution Control Regulations for the Kansas City Metropolitan Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
10-2.385.............................. Control of Heavy Duty 02/28/09 03/01/11 [insert FR page Subsection (3)(A) is not SIP approved.
Diesel Vehicle Idling number where the
Emissions. document begins].
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chapter 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
10-5.385.............................. Control of Heavy Duty 02/28/09 03/01/11 [insert FR page Subsection (3)(A) is not SIP approved.
Diesel Vehicle Idling number where the
Emissions. document begins].
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2011-4368 Filed 2-28-11; 8:45 am]
BILLING CODE 6560-50-P
