Approval and Promulgation of Implementation Plans; State of Missouri; Conformity of General Federal Actions to State Implementation Plan, 57267-57270 [2013-22619]
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Federal Register / Vol. 78, No. 181 / Wednesday, September 18, 2013 / Rules and Regulations
stakeholder organizations to build
innovative dissemination strategies. The
Partnership Project has developed and
enhanced tools and strategies to
improve the collaboration and
engagement of stakeholder organizations
linked with State improvement efforts to
implement evidence-based practices,
improve the implementation of IDEA,
and improve outcomes for children with
disabilities within general education
reform efforts. Engagement tools and
strategies include: (1) Various Dialogue
Guides, focused on education reform
efforts such as standards-based
assessment, college- and careerreadiness, and the school-to-prison
pipeline; (2) communities of practice
development and implementation; and
(3) stakeholder engagement protocols.
At this time, we do not believe that it
would be in the public interest to run
a competition for a new Partnership
Project because the Department is
planning to change the organization of
its technical assistance (TA) activities to
better meet the needs of States and local
affiliates and families. We also have
concluded that it would be contrary to
the public interest to have a lapse in the
provision of the TA services currently
provided by the Partnership Project
pending the changes to the organization
of the Department’s TA activities.
For these reasons, the Secretary
waives the requirements in 34 CFR
75.250, which prohibit project periods
exceeding five years, and waives the
requirements in 34 CFR 75.261(a) and
(c)(2), which allow the extension of a
project period only if the extension does
not involve the obligation of additional
Federal funds. The waiver allows the
Department to issue a continuation
award in the amount of $1,699,000 to
NASDSE for an additional 12-month
period. This continuation award should
ensure that the Partnership Project’s TA,
coordinated training, outreach, and
dissemination of information to the
partners’ State and local affiliates and
families will not be interrupted.
Any activities to be carried out during
the year of the continuation award
would have to be consistent with, or be
a logical extension of, the scope, goals,
and objectives of the grantee’s
application as approved in the 2008
Partnership Project competition.
The requirements applicable to
continuation awards for this
competition set forth in the July 15,
2008, notice inviting applications and
the requirements in 34 CFR 75.253
apply to any continuation awards
sought by the current IDEA Partnership
grantee. We base our decisions
regarding a continuation award on the
program narrative, budget, budget
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narrative, and program performance
report submitted by the current grantee,
as well as the requirements in 34 CFR
75.253.
Waiver of Delayed Effective Date
The Administrative Procedure Act
requires that a substantive rule must be
published at least 30 days before its
effective date, except as otherwise
provided for good cause (5 U.S.C.
553(d)(3)). We received no substantive
comments on the proposed waiver and
extension of project period, and we have
not made any substantive changes to the
proposed waiver and extension of
project period. The Secretary has made
a determination to waive the delayed
effective date to ensure provision of TA
services currently provided by the
Partnership Project pending the changes
to the organization of the Department’s
TA activities.
Regulatory Flexibility Act Certification
The Secretary certifies that this
waiver and extension of the project
period would not have a significant
economic impact on a substantial
number of small entities.
The only entity that would be affected
by this waiver and extension of the
project period is the current grantee.
The Secretary certifies that this
waiver and final extension would not
have a significant economic impact on
this entity because the extension of an
existing project imposes minimal
compliance costs, and the activities
required to support the additional year
of funding would not impose additional
regulatory burdens or require
unnecessary Federal supervision.
Paperwork Reduction Act of 1995
This notice of final waiver and
extension of the project period does not
contain any information collection
requirements.
Intergovernmental Review
This program is subject to Executive
Order 12372 and the regulations in 34
CFR part 79. One of the objectives of the
Executive order is to foster an
intergovernmental partnership and a
strengthened federalism. The Executive
order relies on processes developed by
State and local governments for
coordination and review of proposed
Federal financial assistance. This
document provides early notification of
our specific plans and actions for this
program.
Accessible Format: Individuals with
disabilities can obtain this document in
an accessible format (e.g., braille, large
print, audiotape, or compact disc) on
request to the contact person listed
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57267
under FOR FURTHER INFORMATION
CONTACT.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. Free Internet access to the
official edition of the Federal Register
and the Code of Federal Regulations is
available via the Federal Digital System
at: www.gpo.gov/fdsys. At this site you
can view this document, as well as all
other documents of this Department
published in the Federal Register, in
text or Adobe Portable Document
Format (PDF). To use PDF you must
have Adobe Acrobat Reader, which is
available free at the site.
You may also access documents of the
Department published in the Federal
Register by using the article search
feature at: www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
Dated: September 13, 2013.
Sue Swenson,
Deputy Assistant Secretary for Special
Education and Rehabilitative Services,
delegated the authority to perform the
functions and duties of the Assistant
Secretary for Special Education and
Rehabilitative Services.
[FR Doc. 2013–22715 Filed 9–17–13; 8:45 am]
BILLING CODE 4000–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2013–0511; FRL–9901–01–
Region 7]
Approval and Promulgation of
Implementation Plans; State of
Missouri; Conformity of General
Federal Actions to State
Implementation Plan
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve the State
Implementation Plan (SIP) submitted by
the state of Missouri on August 12,
2011. This revision will update the state
general conformity rule in its entirety to
bring in into compliance with the
Federal general conformity rule which
was updated in the Federal Register on
April 5, 2010. General conformity
regulations prohibit Federal agencies
from taking actions that may cause or
contribute to violations of the National
Ambient Air Quality Standards
(NAAQS). This rule applies to non-
SUMMARY:
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attainment and maintenance areas of the
state. The revision to Missouri’s rule
does 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 November 18, 2013, without
further notice, unless EPA receives
adverse comment by October 18, 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–2013–0511, by one of the
following methods:
1. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Email: bhesania.amy@epa.gov.
3. Mail or Hand Delivery: Amy
Bhesania, 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–
0511. 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
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
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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:
Amy Bhesania at (913) 551–7147, or by
email at bhesania.amy@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 the revision to the
Missouri SIP submitted to EPA on
August 12, 2011. Missouri’s revision
amends rule 10 CSR 10–6.300
Conformity of General Federal Actions
to State Implementation Plans, which
updates the state general conformity
This revision will update the state
general conformity rule in its entirety to
bring it into compliance with the
amended Federal general conformity
rule. 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
or adversely impact air quality.
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, the revision
meets the substantive SIP requirements
of the CAA, including section 110 and
implementing regulations.
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III. What action is EPA taking?
EPA is approving the revision to the
Missouri SIP by approving the State’s
request to amend 10 CSR 10–6.300
Conformity of General Federal Actions
to State Implementation Plans.
Conformity of General Federal Actions
prohibits Federal agencies from taking
actions that may cause or contribute to
violations of the National Ambient Air
Quality Standards (NAAQS). This
amendment improves the process
entities use to demonstrate their actions
will not contribute to a NAAQS
violation, provides tools to encourage
better communication and air quality
planning between the state and Federal
agencies, and encourages both Federal
agencies and states to take early action
to ensure projects will conform to SIPs.
This rule applies to non-attainment and
maintenance areas of the state. There are
two revisions in the state rule that differ
from the Federal rule. In 10 CSR 10–
6.300 (3)(F)1.A. ‘‘Procedures for
Conformity Determinations of General
Federal Actions,’’ the state has added
that planning assumptions must be
derived from estimates of current, as
well as, future population. The second
revision that differs from the Federal
rule is in 10 CSR 10–6.300 (3)(G)1,
‘‘Mitigation of Air Quality Impacts.’’
Language has been added that includes
the identification and quantification of
all emission reductions claimed for
measures intended to mitigate air
quality. In the same paragraph, language
has been added that the process for
implementation of these measures
should include any necessary funding
and tracking of emissions reductions.
EPA has determined that these changes
will not relax the SIP or adversely
impact air quality.
We are processing this action as a
direct final action because the revisions
do not adversely impact air quality, and
we do not anticipate any adverse
comments. Please note that if EPA
receives adverse comment 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.
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
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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
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 November 18, 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, Intergovernmental relations,
Ozone, Particulate matter, Reporting
and recordkeeping requirements,
Volatile organic compounds.
Dated: August 16, 2013.
Karl Brooks,
Regional Administrator, Region 7.
Chapter I, title 40 of the Code of
Federal Regulations 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 revising the entry for
10–6.300 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 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of
Missouri
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10–6.300 ................................. Conformity of General Federal Actions to State Implementation Plans.
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09/18/13 [Insert Federal Reg- 10–6.300(3)(F)1.A and 10–
ister page number where
6.300(3)(G)1 includes lanthe document begins].
guage that differs from the
Federal rule.
*
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[FR Doc. 2013–22619 Filed 9–17–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2011–0868; EPA–R05–
OAR–2012–0463; FRL–9900–92–Region 5]
Approval and Promulgation of Air
Quality Implementation Plans; Ohio;
Redesignation of the Cleveland-AkronLorain Area to Attainment of the 1997
Annual Standard and 2006 24-Hour
Standard for Fine Particulate Matter
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
As Ohio requested, EPA is
redesignating the Cleveland-AkronLorain, Ohio nonattainment area
(Cleveland area) to attainment for the
1997 annual and 2006 24-hour National
Ambient Air Quality Standards
(NAAQS or standards) for fine
particulate matter (PM2.5) because the
area meets the statutory requirements
for redesignation under the Clean Air
Act (CAA). The Ohio Environmental
Protection Agency (Ohio EPA)
submitted these requests to EPA on
October 11, 2011, and May 30, 2012,
and supplemented them on April 30,
2013. EPA is also taking several related
actions. EPA is making a determination
that the Cleveland area attained the
2006 24-hour PM2.5 standard by its
attainment date and that the area
continues to attain both the 1997 annual
and 2006 24-hour standards. EPA is
approving, as revisions to the Ohio State
Implementation Plan (SIP), the state’s
plans for maintaining the 1997 annual
and 2006 24-hour PM2.5 NAAQS
through 2023 in the area. EPA is
approving the comprehensive emissions
inventories submitted by Ohio EPA for
nitrogen oxides (NOX), sulfur dioxide
(SO2), primary PM2.5, volatile organic
compounds (VOC), and ammonia as
meeting the requirements of the CAA.
Finally, EPA finds adequate and is
approving Ohio’s NOX and PM2.5 Motor
Vehicle Emission Budgets (MVEBs) for
2015 and 2022 for the Cleveland area.
DATES: This final rule is effective
September 18, 2013.
ADDRESSES: EPA has established dockets
for these actions under Docket ID Nos.
EPA–R05–OAR–2011–0868 and EPA–
R05–OAR–2012–0463. All documents in
the docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
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SUMMARY:
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not publicly available, i.e., Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy at the Environmental
Protection Agency, Region 5, Air and
Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This
facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
Federal holidays. We recommend that
you telephone Kathleen D’Agostino,
Environmental Engineer, at (312) 886–
1767 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Kathleen D’Agostino, Environmental
Engineer, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–1767,
dagostino.kathleen@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. What is the background for the actions?
II. Why is EPA taking these actions?
III. Final Action
IV. Statutory and Executive Order Reviews
I. What is the background for the
actions?
On September 14, 2011, at 76 FR
56641, EPA issued a final determination
that the Cleveland area attained the
1997 annual PM2.5 standard by the
applicable attainment date of April 5,
2010, based on certified ambient
monitoring data for the 2007–2009
monitoring period. On October 5, 2011,
Ohio EPA submitted its request to
redesignate the Cleveland
nonattainment area to attainment for the
1997 annual PM2.5 NAAQS, and for EPA
approval of the SIP revision containing
an emissions inventory, maintenance
plan, and MVEBs for the area. On May
30, 2012, Ohio EPA submitted a similar
request for the 2006 24-hour PM2.5
standard. In a supplemental submission
to EPA on April 30, 2013, Ohio
provided ammonia and VOC emissions
inventories to supplement the
comprehensive emissions inventories
submitted as part of the redesignation
requests.
On July 26, 2013, EPA published a
rule in the Federal Register (78 FR
45116) proposing to determine that the
Cleveland area continues to attain the
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1997 annual standard and is attaining
the 2006 24-hour PM2.5 standard, and
that the area has met the requirements
for redesignation under section
107(d)(3)(E) of the CAA. EPA received
one comment letter in support of the
redesignation action, submitted on
behalf of the Ohio Utility Group. EPA
received no adverse comments on the
proposal.
II. Why is EPA taking these actions?
EPA has determined that the
Cleveland area continues to attain the
1997 annual PM2.5 NAAQS and that the
area has attained the 2006 24-hour PM2.5
NAAQS by its applicable attainment
date. EPA has also determined that all
other criteria have been met for the
redesignation of the Cleveland area from
nonattainment to attainment of the 1997
annual and 2006 24-hour PM2.5 NAAQS
and for approval of Ohio’s maintenance
plans for the area. See CAA sections
107(d)(3)(E) and 175A. The detailed
rationale for EPA’s findings and actions
is set forth in the proposed rule of July
26, 2013, (78 FR 45116).
III. Final Action
EPA is making a determination that
the Cleveland area continues to attain
the 1997 annual PM2.5 standard and that
the area attained the 2006 24-hour PM2.5
standard by its attainment date and
continues to attain that standard. EPA is
determining that the area has met the
requirements for redesignation under
section 107(d)(3)(E) and 175A of the
CAA. EPA is thus changing the legal
designation of the Cleveland area from
nonattainment to attainment for the
1997 annual and 2006 24-hour PM2.5
NAAQS. EPA is also approving Ohio’s
PM2.5 maintenance plans for the
Cleveland area as revisions to the Ohio
SIP because the plans meet the
requirements of section 175A of the
CAA. EPA is approving 2005 and 2008
emissions inventories for primary PM2.5,
NOX, and SO2, and 2007/2008 emission
inventories for VOC and ammonia as
satisfying the requirement in section
172(c)(3) of the CAA for a
comprehensive, current emission
inventory. Finally, EPA finds adequate
and is approving 2015 and 2022 primary
PM2.5 and NOX MVEBs for the
Cleveland area. These MVEBs will be
used in future transportation conformity
analyses for the area.
In accordance with 5 U.S.C. 553(d),
EPA finds there is good cause for these
actions to become effective immediately
upon publication. This is because a
delayed effective date is unnecessary
due to the nature of a redesignation to
attainment, which relieves the area from
certain CAA requirements that would
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]]>Agencies
[Federal Register Volume 78, Number 181 (Wednesday, September 18, 2013)]
[Rules and Regulations]
[Pages 57267-57270]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22619]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2013-0511; FRL-9901-01-Region 7]
Approval and Promulgation of Implementation Plans; State of
Missouri; Conformity of General Federal Actions to State Implementation
Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve the State
Implementation Plan (SIP) submitted by the state of Missouri on August
12, 2011. This revision will update the state general conformity rule
in its entirety to bring in into compliance with the Federal general
conformity rule which was updated in the Federal Register on April 5,
2010. General conformity regulations prohibit Federal agencies from
taking actions that may cause or contribute to violations of the
National Ambient Air Quality Standards (NAAQS). This rule applies to
non-
[[Page 57268]]
attainment and maintenance areas of the state. The revision to
Missouri's rule does 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 November 18, 2013,
without further notice, unless EPA receives adverse comment by October
18, 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-2013-0511, by one of the following methods:
1. www.regulations.gov. Follow the on-line instructions for
submitting comments.
2. Email: bhesania.amy@epa.gov.
3. Mail or Hand Delivery: Amy Bhesania, 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-
2013-0511. 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 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: Amy Bhesania at (913) 551-7147, or by
email at bhesania.amy@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 the revision to the Missouri SIP submitted to EPA
on August 12, 2011. Missouri's revision amends rule 10 CSR 10-6.300
Conformity of General Federal Actions to State Implementation Plans,
which updates the state general conformity This revision will update
the state general conformity rule in its entirety to bring it into
compliance with the amended Federal general conformity rule. 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 or
adversely impact air quality.
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, the revision meets the substantive SIP requirements of the
CAA, including section 110 and implementing regulations.
III. What action is EPA taking?
EPA is approving the revision to the Missouri SIP by approving the
State's request to amend 10 CSR 10-6.300 Conformity of General Federal
Actions to State Implementation Plans. Conformity of General Federal
Actions prohibits Federal agencies from taking actions that may cause
or contribute to violations of the National Ambient Air Quality
Standards (NAAQS). This amendment improves the process entities use to
demonstrate their actions will not contribute to a NAAQS violation,
provides tools to encourage better communication and air quality
planning between the state and Federal agencies, and encourages both
Federal agencies and states to take early action to ensure projects
will conform to SIPs. This rule applies to non-attainment and
maintenance areas of the state. There are two revisions in the state
rule that differ from the Federal rule. In 10 CSR 10-6.300 (3)(F)1.A.
``Procedures for Conformity Determinations of General Federal
Actions,'' the state has added that planning assumptions must be
derived from estimates of current, as well as, future population. The
second revision that differs from the Federal rule is in 10 CSR 10-
6.300 (3)(G)1, ``Mitigation of Air Quality Impacts.'' Language has been
added that includes the identification and quantification of all
emission reductions claimed for measures intended to mitigate air
quality. In the same paragraph, language has been added that the
process for implementation of these measures should include any
necessary funding and tracking of emissions reductions. EPA has
determined that these changes will not relax the SIP or adversely
impact air quality.
We are processing this action as a direct final action because the
revisions do not adversely impact air quality, and we do not anticipate
any adverse comments. Please note that if EPA receives adverse comment
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.
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
[[Page 57269]]
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 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 November 18, 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, Intergovernmental relations, Ozone, Particulate matter,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: August 16, 2013.
Karl Brooks,
Regional Administrator, Region 7.
Chapter I, title 40 of the Code of Federal Regulations 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 revising
the entry for 10-6.300 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 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------
* * * * * * *
10-6.300......................... Conformity of 07/31/11 09/18/13 [Insert 10-6.300(3)(F)1.A
General Federal Federal Register and 10-
Actions to State page number where 6.300(3)(G)1
Implementation the document includes language
Plans. begins]. that differs from
the Federal rule.
* * * * * * *
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[[Page 57270]]
* * * * *
[FR Doc. 2013-22619 Filed 9-17-13; 8:45 am]
BILLING CODE 6560-50-P
