Approval and Promulgation of Implementation Plans; State of Missouri; St. Louis Area Transportation Conformity Requirements, 53247-53249 [2013-20914]
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Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and 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
establishment of a temporary safety
zone. This rule 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
Coast Guard will publish a Local Notice
to Mariners (LNM). If the event
concludes prior to the scheduled
termination time, the Captain of the Port
will cease enforcement of this safety
zone and will announce that fact via
Broadcast Notice to Mariners.
(c) Definitions. The following
definition applies to this section:
designated representative, means any
commissioned, warrant, or petty officer
of the Coast Guard on board Coast
Guard, Coast Guard Auxiliary, and
local, state, and federal law enforcement
vessels who have been authorized to act
on the behalf of the Captain of the Port.
(d) Regulations. (1) Entry into, transit
through or anchoring within this safety
zone is prohibited unless authorized by
the Captain of the Port of San Diego or
his designated representative.
(2) Mariners can request permission to
transit through the safety zone from the
Patrol Commander. The Patrol
Commander can be contacted on VHF–
FM channels 16 and 22A.
(3) All persons and vessels shall
comply with the instructions of the
Coast Guard Captain of the Port or his
designated representative.
(4) Upon being hailed by U.S. Coast
Guard patrol personnel by siren, radio,
flashing light, or other means, the
operator of a vessel shall proceed as
directed.
(5) The Coast Guard may be assisted
by other federal, state, or local agencies.
Dated: August 15, 2013.
J. A. Janszen,
Commander, U.S. Coast Guard, Acting,
Captain of the Port San Diego.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
[FR Doc. 2013–21063 Filed 8–28–13; 8:45 am]
BILLING CODE 9110–04–P
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 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.T11–586 to read as
follows:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2013–0482; FRL–9900–41–
Region 7]
■
mstockstill on DSK4VPTVN1PROD with RULES
§ 165.T11–586 Safety Zone; San Diego
Bayfair; Mission Bay, San Diego, CA.
(a) Location. This temporary safety
zone includes the waters of Mission Bay
bound by the following coordinates:
32°47′32″ N, 117°13′25″ W to 32°47′32″
N, 117°13′00″ W to 32°47′ 20″ N,
117°13′00″ W then west to 32°46′45″ N,
117°14′09″ W to 32°46′ 11″ N,
117°14′01″ W.
(b) Enforcement Period. This section
will be enforced from 7 a.m. to 5:30 p.m.
on September 13, 2013 to September 15,
2013. Before the effective period, the
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Approval and Promulgation of
Implementation Plans; State of
Missouri; St. Louis Area
Transportation Conformity
Requirements
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 March 22, 2011. This
revision does not add any additional
requirements to the existing rule but
SUMMARY:
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53247
amends the rule by adding language that
better clarifies specific roles and
responsibilities to the interagency
consultation process requirements. The
revisions to Missouri’s rule do not have
an adverse affect on air quality. EPA’s
approval of this SIP revision is being
done in accordance with the
requirements of the Clean Air Act
(CAA).
DATES: This direct final rule will be
effective October 28, 2013, without
further notice, unless EPA receives
adverse comment by September 30,
2013. 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–2013–0482, by one of the
following methods:
1. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Email: brown.steven@epa.gov.
3. Mail or Hand Delivery: Steven
Brown, Environmental Protection
Agency, Air Planning and Development
Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219.
Instructions: Direct your comments to
Docket ID No. EPA–R07–OAR–2013–
0482. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
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
www.regulations.gov or email
information that you consider to be CBI
or otherwise protected. The
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 email comment directly
to EPA without going through
www.regulations.gov, your email
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
E:\FR\FM\29AUR1.SGM
29AUR1
53248
Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations
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 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
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
legal 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:
Steven Brown at (913) 551–7718, or by
email at brown.Steven@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. What action is EPA taking?
mstockstill on DSK4VPTVN1PROD with RULES
I. What is being addressed in this
document?
EPA is approving revisions to the
Missouri SIP submitted to EPA on
March 22, 2011. These revisions to the
rule do not add any additional
requirements to the existing rule but
merely add language that better clarifies
specific roles and responsibilities
including the consultation groups’
processes. EPA has conducted an
analysis of the State’s amendments and
has concluded that these revisions do
not adversely affect the stringency of the
SIP. Missouri’s revisions include
amendments to sections (1) through (4)
of rule 10 CSR 10–5.480 St. Louis Area
Transportation Conformity
Requirements, which updates the rule to
provide more specificity to the
interagency consultation process
requirements, including roles and
responsibilities. Section (1) revises
language to include requirements of
three sections from the federal
conformity rule: 40 CFR 93.105, 40 CFR
93.122(a)(4)(ii), 40 CFR 93.125(c).
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Section (2) adds language that
describes in detail which agencies
embody the interagency consultation
group and defines who appoints air
quality agency representatives. Section
(3) revises the language to describe in
detail roles and responsibilities of each
agency involved in the interagency
consultation group, communication
strategy procedures, specific conformity
processes and procedures, conflict
resolution procedures, and public
participation process procedures.
Section (4) makes minor administrative
revisions to correct spelling.
II. 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.
III. What action is EPA taking?
EPA is taking direct final action to
amend the Missouri SIP by approving
the State’s request to amend 10 CSR 10–
5.480 St. Louis Area Transportation
Conformity Requirements. EPA has
determined that these changes will not
relax the SIP or adversely impact air
emissions.
We are processing this action as a
direct final action because the revisions
do not adversely impact air emissions,
and we do not anticipate any adverse
comments. However, in the ‘‘Proposed
Rules’’ section of today’s Federal
Register, we are publishing a separate
document that will serve as the
proposed rule to approve the SIP
revision if adverse comments are
received on this direct final rule. We
will not institute a second comment
period on this action. Any parties
interested in commenting must do so at
this time. For further information about
commenting on this rule, see the
ADDRESSES section of this document.
If EPA receives adverse comment, we
will publish a timely withdrawal in the
Federal Register informing the public
that this direct final rule will not take
effect. We will address all public
comments in any subsequent final rule
based on the proposed rule.
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,
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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);
• 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 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
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Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations
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 October 28, 2013. 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).)
Dated: August 1, 2013.
Mark Hague,
Acting Regional Administrator, Region 7.
List of Subjects in 40 CFR Part 52
Subpart AA—Missouri
Environmental protection, Air
pollution control, Incorporation by
reference, Particulate matter, Reporting
and recordkeeping requirements.
■
Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
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.
2. In § 52.1320 the table in paragraph
(c) is amended by revising the entry for
10–5.480 to read as follows:
§ 52.1320
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED MISSOURI REGULATIONS
Missouri citation
State effective
date
Title
EPA approval date
Explanation
Missouri Department of Natural Resources
*
*
*
*
*
*
Chapter 5—Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
*
10–5.480 ...................
*
*
St. Louis Area Transportation Conformity
Requirements.
*
*
*
*
02/28/11
*
*
8/29/13 [insert Federal Register page
number where the document begins].
*
*
ENVIRONMENTAL PROTECTION
AGENCY
was proposed in the Federal Register on
November 9, 2012 and concerns oxides
of nitrogen (NOX) emissions from
biomass boilers. We are approving a
local rule that regulates these emission
sources under the Clean Air Act (CAA
or the Act).
40 CFR Part 52
DATES:
[EPA–R09–OAR–2012–0790; FRL–9842–4]
ADDRESSES:
*
*
*
*
*
[FR Doc. 2013–20914 Filed 8–28–13; 8:45 am]
BILLING CODE 6560–50–P
This rule will be effective on
September 30, 2013.
Revisions to the California State
Implementation Plan, Placer County
Air Pollution Control District
Environmental Protection
Agency (EPA).
ACTION: Final rule.
mstockstill on DSK4VPTVN1PROD with RULES
AGENCY:
EPA is finalizing approval of
revisions to the Placer County Air
Pollution Control District (PCAPCD)
portion of the California State
Implementation Plan (SIP). This action
SUMMARY:
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22:38 Aug 28, 2013
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EPA has established docket
number EPA–R09–OAR–2012–0790 for
this action. Generally, documents in the
docket for this action are available
electronically at https://
www.regulations.gov or in hard copy at
EPA Region IX, 75 Hawthorne Street,
San Francisco, California 94105–3901.
While all documents in the docket are
listed at https://www.regulations.gov,
some information may be publicly
available only at the hard copy location
(e.g., copyrighted material, large maps,
multi-volume reports), and some may
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*
*
*
*
not be available in either location (e.g.,
confidential business information
(CBI)). To inspect the hard copy
materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Nancy Levin, EPA Region IX, (415) 972–
3848, levin.nancy@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On November 9, 2012 (77 FR 67322),
EPA proposed to approve the following
rule into the SIP.
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Agencies
[Federal Register Volume 78, Number 168 (Thursday, August 29, 2013)]
[Rules and Regulations]
[Pages 53247-53249]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20914]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2013-0482; FRL-9900-41-Region 7]
Approval and Promulgation of Implementation Plans; State of
Missouri; St. Louis Area Transportation Conformity Requirements
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 March 22, 2011. This
revision does not add any additional requirements to the existing rule
but amends the rule by adding language that better clarifies specific
roles and responsibilities to the interagency consultation process
requirements. The revisions to Missouri's rule do not have an adverse
affect on air quality. EPA's approval of this SIP revision is being
done in accordance with the requirements of the Clean Air Act (CAA).
DATES: This direct final rule will be effective October 28, 2013,
without further notice, unless EPA receives adverse comment by
September 30, 2013. 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-2013-0482, by one of the following methods:
1. www.regulations.gov. Follow the on-line instructions for
submitting comments.
2. Email: brown.steven@epa.gov.
3. Mail or Hand Delivery: Steven Brown, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219.
Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2013-0482. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
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 www.regulations.gov or
email information that you consider to be CBI or otherwise protected.
The 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 email
comment directly to EPA without going through www.regulations.gov, your
email 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
[[Page 53248]]
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
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 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 legal 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: Steven Brown at (913) 551-7718, or by
email at brown.Steven@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. What action is EPA taking?
I. What is being addressed in this document?
EPA is approving revisions to the Missouri SIP submitted to EPA on
March 22, 2011. These revisions to the rule do not add any additional
requirements to the existing rule but merely add language that better
clarifies specific roles and responsibilities including the
consultation groups' processes. EPA has conducted an analysis of the
State's amendments and has concluded that these revisions do not
adversely affect the stringency of the SIP. Missouri's revisions
include amendments to sections (1) through (4) of rule 10 CSR 10-5.480
St. Louis Area Transportation Conformity Requirements, which updates
the rule to provide more specificity to the interagency consultation
process requirements, including roles and responsibilities. Section (1)
revises language to include requirements of three sections from the
federal conformity rule: 40 CFR 93.105, 40 CFR 93.122(a)(4)(ii), 40 CFR
93.125(c).
Section (2) adds language that describes in detail which agencies
embody the interagency consultation group and defines who appoints air
quality agency representatives. Section (3) revises the language to
describe in detail roles and responsibilities of each agency involved
in the interagency consultation group, communication strategy
procedures, specific conformity processes and procedures, conflict
resolution procedures, and public participation process procedures.
Section (4) makes minor administrative revisions to correct spelling.
II. 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.
III. What action is EPA taking?
EPA is taking direct final action to amend the Missouri SIP by
approving the State's request to amend 10 CSR 10-5.480 St. Louis Area
Transportation Conformity Requirements. EPA has determined that these
changes will not relax the SIP or adversely impact air emissions.
We are processing this action as a direct final action because the
revisions do not adversely impact air emissions, and we do not
anticipate any adverse comments. However, in the ``Proposed Rules''
section of today's Federal Register, we are publishing a separate
document that will serve as the proposed rule to approve the SIP
revision if adverse comments are received on this direct final rule. We
will not institute a second comment period on this action. Any parties
interested in commenting must do so at this time. For further
information about commenting on this rule, see the ADDRESSES section of
this document.
If EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that this
direct final rule will not take effect. We will address all public
comments in any subsequent final rule based on the proposed rule.
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'' 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 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
[[Page 53249]]
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 October 28, 2013. 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, Incorporation by
reference, Particulate matter, Reporting and recordkeeping
requirements.
Dated: August 1, 2013.
Mark Hague,
Acting Regional Administrator, Region 7.
Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart AA--Missouri
0
2. In Sec. 52.1320 the table in paragraph (c) is amended by revising
the entry for 10-5.480 to read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
State effective
Missouri citation Title date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Chapter 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
10-5.480...................... St. Louis Area 02/28/11 8/29/13 [insert
Transportation Federal Register
Conformity page number where
Requirements. the document begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2013-20914 Filed 8-28-13; 8:45 am]
BILLING CODE 6560-50-P