[EPA-R07-OAR-2013-0817; FRL-9908-02-Region 7] Approval and Promulgation of Implementation Plans; State of Missouri, 15017-15019 [2014-05821]
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Federal Register / Vol. 79, No. 52 / Tuesday, March 18, 2014 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2013–0817; FRL–
9908–02–Region 7] Approval and
Promulgation of Implementation Plans;
State of Missouri
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the
Missouri State Implementation Plan
(SIP) which were submitted to EPA on
July 12, 2012. This submission revises
two heavy duty diesel vehicle idling
rules that are applicable in Kansas City
and St. Louis. This revision provides
clarity to the rules in the applicability
section by listing owners and operators
of passenger load/unload locations
where commercial, public and
institutional heavy-duty vehicles load or
unload passengers. The affected parties
were unintentionally omitted from the
applicability section of the rule even
though they are required to comply with
the rule in the general provisions
section. These revisions do not have an
adverse affect on air quality. EPA’s
approval of these SIP revisions is being
done in accordance with the
requirements of the Clean Air Act
(CAA).
DATES: This direct final rule will be
effective May 19, 2014, without further
notice, unless EPA receives adverse
comment by April 17, 2014. 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–2013–0817, by one of the
following methods:
1. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Email: higbee.paula@epa.gov.
3. Mail or Hand Delivery: Paula
Higbee, 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–
0817. 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
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SUMMARY:
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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
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:
Paula Higbee, Environmental Protection
Agency, Air Planning and Development
Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219, or at 913–551–
7028, or by email at higbee.paula@
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?
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15017
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 taking direct final action to
amend Missouri’s SIP by approving the
state’s requests to amend 10 CSR 10–
2.385 and 10 CSR 10–5.385, Control of
Heavy Duty Diesel Vehicle Idling
Emissions. Specifically, Missouri is
inserting additional clarifying language
to subsection, (1)(C) to both rules, as
follows, ‘‘This regulation applies to
owners and operators of load/unload
locations where commercial, public,
and institutional heavy duty diesel
vehicles load or unload passengers.’’
The purpose of this revision is to clarify
the rule by listing owners and operators
of passenger load/unload locations
where commercial, public and
institutional heavy-duty vehicles load or
unload passengers. The affected parties
were unintentionally omitted from the
applicability section of the rule even
though they are required to comply with
the rule in the general provisions
section. EPA has determined that these
changes will not relax the SIP or
adversely impact air emissions.
II. Have the requirements for approval
of a SIP revision been met?
The state submission has met the
public notice requirements for SIP
submissions in accordance with 40 CFR
51.102. The submission also satisfied
the completeness criteria of 40 CFR part
51, appendix V. In addition, as
explained above, the revision meets the
substantive SIP requirements of the
CAA, including section 110 and
implementing regulations.
III. What action is EPA taking?
We are publishing this rule without a
prior proposed rule because we view
this as a noncontroversial action and
anticipate no adverse comment.
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 and operating permits
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
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Federal Register / Vol. 79, No. 52 / Tuesday, March 18, 2014 / Rules and Regulations
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 (Public Law 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 May 19, 2014. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. 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, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: March 3, 2014.
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 revising the entries
for 10–2.385 and 10–5.385 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
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*
*
*
*
*
*
Chapter 2 Air Quality Standards and Air Pollution Control Rules Specific to the Kansas City Metropolitan Area
*
10–2.385 ..........
*
VerDate Mar<15>2010
*
*
Control of Heavy Duty Diesel Vehicle Idling
Emissions.
*
7/30/2012
*
*
3/18/2014 [insert FR page number where
the document begins].
*
*
*
*
*
Chapter 5 Air Quality Standards and Air Pollution Control Rules Specific to the St. Louis Metropolitan Area
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*
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15019
Federal Register / Vol. 79, No. 52 / Tuesday, March 18, 2014 / Rules and Regulations
EPA-APPROVED MISSOURI REGULATIONS—Continued
State effective
date
Missouri citation
Title
*
10–5.385 ..........
*
*
Control of Heavy Duty Diesel Vehicle Idling
Emissions.
*
*
*
*
*
*
*
*
[FR Doc. 2014–05821 Filed 3–17–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R03–OAR–2013–0498; FRL–9908–05–
Region–3]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Approval of Redesignation
Requests of the West Virginia Portion
of the Steubenville-Weirton, OH–WV
Nonattainment Area for the 1997
Annual and 2006 24-Hour Fine
Particulate Matter Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the State of
West Virginia’s requests to redesignate
to attainment the West Virginia portion
of the Steubenville-Weirton, OH–WV
nonattainment area (hereafter ‘‘the
Steubenville-Weirton Area’’ or ‘‘the
Area’’) for both the 1997 annual and the
2006 24-hour fine particulate matter
(PM2.5) National Ambient Air Quality
Standards (NAAQS or standards). EPA
is also approving as a revision to the
West Virginia State Implementation
Plan (SIP), the associated maintenance
plans to show maintenance of the 1997
annual and the 2006 24-hour PM2.5
NAAQS through 2025 for the West
Virginia portion of the Area. West
Virginia’s maintenance plans include
insignificance findings for the mobile
source contribution of PM2.5 and
nitrogen oxides (NOX) emissions to the
West Virginia portion of the Area for
both the 1997 annual and 2006 24-hour
PM2.5 standards, which EPA agrees with
and is approving for transportation
conformity purposes. In addition, EPA
is approving the 2008 emissions
inventory for the West Virginia portion
of the Area for the 2006 24-hour PM2.5
NAAQS. EPA has taken a separate
rulemaking action to approve the
redesignation of the Ohio portion of the
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SUMMARY:
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*
7/30/2012
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*
EPA approval
date
Explanation
*
*
3/18/2014 [insert FR page number where
the document begins].
*
*
*
*
Steubenville-Weirton Area for the 1997
emissions inventory for PM2.5, sulfur
annual and 2006 24-hour PM2.5 NAAQS. dioxide (SO2) and NOX for the 2006 24These actions are being taken under the hour PM2.5 NAAQS, which WVDEP
Clean Air Act (CAA).
supplemented on June 24, 2013 to
include emissions of volatile organic
DATES:
This final rule is effective on April 17, compounds (VOC) and ammonia. The
Steubenville-Weirton Area is comprised
2014.
of Brooke County and Hancock County
ADDRESSES: EPA has established a
in West Virginia (the West Virginia
docket for this action under Docket ID
Number EPA–R03–OAR–2013–0498. All portion of the Area), and Jefferson
County in Ohio.
documents in the docket are listed in
On December 9, 2013 (78 FR 73769),
the www.regulations.gov Web site.
Although listed in the electronic docket, EPA published a notice of proposed
rulemaking (NPR) for the State of West
some information is not publicly
Virginia. In the NPR, EPA proposed
available, i.e., confidential business
approval of West Virginia’s
information (CBI) or other information
whose disclosure is restricted by statute. redesignation requests for its portion of
the Steubenville-Weirton Area for the
Certain other material, such as
1997 annual and 2006 24-hour PM2.5
copyrighted material, is not placed on
NAAQS. EPA also proposed approval of
the Internet and will be publicly
the associated maintenance plans as SIP
available only in hard copy form.
revisions for the 1997 annual and 2006
Publicly available docket materials are
24-hour PM2.5 standards, which
available either electronically through
www.regulations.gov or in hard copy for included insignificance determinations
for PM2.5 and NOx for both standards for
public inspection during normal
business hours at the Air Protection
purposes of transportation conformity.
Division, U.S. Environmental Protection Also, EPA proposed approval of the
Agency, Region III, 1650 Arch Street,
2008 comprehensive emissions
Philadelphia, Pennsylvania 19103.
inventory for the 2006 24-hour PM2.5
Copies of the State submittal are
standard to meet the requirement of
available at the West Virginia
section 172(c)(3) of the CAA. EPA
Department of Environmental
proposed to find that the Area continues
Protection, Division of Air Quality, 601
to attain both standards.
57th Street SE., Charleston, West
In the NPR, EPA addressed the effects
Virginia 25304.
of two decisions of the United States
Court of Appeals for the District of
FOR FURTHER INFORMATION CONTACT:
Columbia (DC Circuit or Court): The
´
Emlyn Velez-Rosa, (215) 814–2038, or
Court’s August 21, 2012 decision to
by email at velez-rosa.emlyn@epa.gov.
vacate and remand to EPA the CrossSUPPLEMENTARY INFORMATION:
State Air Pollution Control Rule
I. Background
(CSAPR); and the Court’s January 4,
On April 13, 2012 and June 8, 2012,
2013 decision to remand to EPA two
the West Virginia Department of
final rules implementing the 1997
Environmental Protection (WVDEP)
annual PM2.5 standard. Specific details
formally submitted two separate
of West Virginia’s submittals and the
requests to redesignate the West
rationale for EPA’s proposed actions are
Virginia portion of the Steubenvilleexplained in the NPR and will not be
Weirton Area from nonattainment to
restated here. No public comments were
attainment for the 1997 annual and the
received on the NPR.
2006 24-hour PM2.5 NAAQS,
II. Final Action
respectively. Each submittal included a
EPA is taking final actions on the
maintenance plan as a SIP revision to
redesignations requests and SIP
ensure continued attainment of the
revisions submitted by the State of West
standards throughout the West Virginia
Virginia on April 13, 2012 and June 8,
portion of the Area over the next 10
2012 for the 1997 annual and 2006 24years. The June 8, 2012 submittal also
hour PM2.5 standards. First, EPA is
includes a 2008 comprehensive
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]]>Agencies
[Federal Register Volume 79, Number 52 (Tuesday, March 18, 2014)]
[Rules and Regulations]
[Pages 15017-15019]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05821]
[[Page 15017]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2013-0817; FRL-9908-02-Region 7] Approval and
Promulgation of Implementation Plans; State of Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the Missouri State Implementation
Plan (SIP) which were submitted to EPA on July 12, 2012. This
submission revises two heavy duty diesel vehicle idling rules that are
applicable in Kansas City and St. Louis. This revision provides clarity
to the rules in the applicability section by listing owners and
operators of passenger load/unload locations where commercial, public
and institutional heavy-duty vehicles load or unload passengers. The
affected parties were unintentionally omitted from the applicability
section of the rule even though they are required to comply with the
rule in the general provisions section. These revisions do not have an
adverse affect on air quality. EPA's approval of these SIP revisions is
being done in accordance with the requirements of the Clean Air Act
(CAA).
DATES: This direct final rule will be effective May 19, 2014, without
further notice, unless EPA receives adverse comment by April 17, 2014.
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-2013-0817, by one of the following methods:
1. www.regulations.gov. Follow the on-line instructions for
submitting comments.
2. Email: higbee.paula@epa.gov.
3. Mail or Hand Delivery: Paula Higbee, 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-
2013-0817. 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 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: Paula Higbee, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219, or at 913-551-7028, or by email at
higbee.paula@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 taking direct final action to amend Missouri's SIP by
approving the state's requests to amend 10 CSR 10-2.385 and 10 CSR 10-
5.385, Control of Heavy Duty Diesel Vehicle Idling Emissions.
Specifically, Missouri is inserting additional clarifying language to
subsection, (1)(C) to both rules, as follows, ``This regulation applies
to owners and operators of load/unload locations where commercial,
public, and institutional heavy duty diesel vehicles load or unload
passengers.'' The purpose of this revision is to clarify the rule by
listing owners and operators of passenger load/unload locations where
commercial, public and institutional heavy-duty vehicles load or unload
passengers. The affected parties were unintentionally omitted from the
applicability section of the rule even though they are required to
comply with the rule in the general provisions section. EPA has
determined that these changes will not relax the SIP or adversely
impact air emissions.
II. Have the requirements for approval of a SIP revision been met?
The state submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. In
addition, as explained above, the revision meets the substantive SIP
requirements of the CAA, including section 110 and implementing
regulations.
III. What action is EPA taking?
We are publishing this rule without a prior proposed rule because
we view this as a noncontroversial action and anticipate no adverse
comment. 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 and operating permits 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
[[Page 15018]]
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 (Public Law 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 May 19, 2014. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. 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, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: March 3, 2014.
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 revising
the entries for 10-2.385 and 10-5.385 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 Rules Specific to the Kansas City Metropolitan Area
* * * * * * *
10-2.385................. Control of Heavy 7/30/2012 3/18/2014 [insert FR .........................
Duty Diesel Vehicle page number where
Idling Emissions. the document
begins].
----------------------------------------------------------------------------------------------------------------
0* * * * * * *
Chapter 5 Air Quality Standards and Air Pollution Control Rules Specific to the St. Louis Metropolitan Area
----------------------------------------------------------------------------------------------------------------
[[Page 15019]]
* * * * * * *
10-5.385................. Control of Heavy 7/30/2012 3/18/2014 [insert FR .........................
Duty Diesel Vehicle page number where
Idling Emissions. the document
begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2014-05821 Filed 3-17-14; 8:45 am]
BILLING CODE 6560-50-P
