Approval and Promulgation of Implementation Plans; State of Missouri; Control of Nitrogen Oxide Emissions From Large Stationary Internal Combustion Engines, 41908-41910 [2014-16831]
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41908
Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Rules and Regulations
Dated: July 7, 2014.
Ron Curry,
Regional Administrator, Region 6.
Subpart SS—Texas
40 CFR part 52 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 § 52.2270 is amended by:
a. In paragraph (c), the table titled
‘‘EPA Approved Regulations in the
Texas SIP’’ is amended by removing the
entry for ‘‘Section 101.30, Conformity of
General Federal Actions to State
Implementation Plans’’; and
■ b. In paragraph (e) the second table
titled ‘‘EPA Approved Nonregulatory
Provisions and Quasi-Regulatory
■
■
Measures in the Texas SIP’’ is amended
by adding an entry at the end for
‘‘Conformity with the National Ambient
Air Quality Standards’’.
The addition reads as follows:
§ 52.2270
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
Name of SIP provision
Applicable geographic
or nonattainment area
State
submittal/
effective
date
*
*
Conformity with the National Ambient
Air Quality Standards.
*
Statewide ......................
*
10/28/2011
[FR Doc. 2014–16826 Filed 7–17–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2013–0674; FRL–9913–79–
Region–7]
Approval and Promulgation of
Implementation Plans; State of
Missouri; Control of Nitrogen Oxide
Emissions From Large Stationary
Internal Combustion Engines
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a State Implementation Plan
(SIP) revision submitted by the State of
Missouri to EPA on September 21, 2010,
with a supplemental revision submitted
on July 3, 2013. The purpose of the SIP
revision is to incorporate revisions to a
Missouri regulation to control Nitrogen
Oxide (NOX) emissions from large
stationary internal combustion engines.
This revision includes an emission rate
limitation for both large stationary
diesel and dual fuel internal combustion
engines and adds an exemption for
compression ignited stationary internal
combustion engines that emit 25 tons or
less of NOX between May 1 and
September 30. EPA has determined that
the SIP revision submitted by the State
of Missouri satisfies the applicable
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SUMMARY:
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EPA
approval date
*
7/18/2014 [Insert FEDERAL REGISTER citation].
requirements of the Clean Air Act (CAA
or Act), and in particular, the April 21,
2004, final Federal Phase II NOX SIP
Call.
DATES: This rule is effective on August
18, 2014.
ADDRESSES: EPA has established docket
number EPA–R07–OAR–2013–0674 for
this action. All documents in the
electronic docket are listed in the
https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically at https://
www.regulations.gov or in hard copy at
U.S. Environmental Protection Agency,
Region 7, 11201 Renner Boulevard,
Lenexa, Kansas 66219 from 8 a.m. to
4:30 p.m., Monday through Friday,
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: Ms.
Lachala Kemp, Air Planning and
Development Branch, U.S.
Environmental Protection Agency,
Region 7, 11201 Renner Boulevard,
Lenexa, KS 66219; telephone number:
(913) 551–7214; fax number: (913) 551–
7065; email address: kemp.lachala@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
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Comments
*
*
The General Conformity SIP is removed from the Texas SIP; the
federal rules at 40 CFR Part 93,
subpart B apply now.
or ‘‘our’’ refer to EPA. This section
provides additional information by
addressing the following questions:
Table of Contents
I. What action is EPA taking in this final
rule?
II. What is the background for the approvals
by EPA in this final rule?
III. EPA’s Response to Comment
IV. EPA’s Final Action
I. What action is EPA taking in this
final rule?
EPA is taking final action to approve
a State Implementation Plan (SIP)
revision submitted by the State of
Missouri to EPA on September 21, 2010,
with a supplemental revision submitted
on July 3, 2013. The purpose of the SIP
revision is to incorporate changes to a
Missouri regulation (Title 10 of the Code
of State Regulations (CSR) 10–6.390) to
control Nitrogen Oxide (NOX) emissions
from large stationary internal
combustion (IC) engines to ensure
compliance with the federal NOX
control plan to reduce the transport of
air pollutants.1 EPA finalized the
second phase (Phase II) of its rule
known as the NOX SIP Call Rule on
April 21, 2004 (69 FR 21604). Phase II
required the eastern one-third of
Missouri to participate in the NOX SIP
Call and included a provision related to
source categories of IC engines. The IC
provision established a requirement to
decrease emissions from diesel and dual
fuel stationary IC engines by ninety
percent. Phase II of the NOX SIP Call
1 The effective date of the rule in Missouri was
May 30, 2010.
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also required each state in the control
region to submit a SIP that contained
adequate provisions prohibiting its
sources from emitting air pollutants that
would contribute significantly to
nonattainment, or interfere with
maintenance, in one or more downwind
states. See, generally, 69 FR 21608.
Missouri’s rule establishes emissions
levels for large stationary internal
combustion engines of greater than one
thousand three hundred horsepower
located in the counties of Bollinger,
Butler, Cape Girardeau, Carter, Clark,
Crawford, Dent, Dunklin, Franklin,
Gasconade, Iron, Jefferson, Lewis,
Lincoln, Madison, Marion, Mississippi,
Montgomery, New Madrid, Oregon,
Pemiscot, Perry, Pike, Ralls, Reynolds,
Ripley, St. Charles, St. Francois, St.
Louis, Ste. Genevieve, Scott, Shannon,
Stoddard, Warren, Washington, and
Wayne counties, and the City of St.
Louis in Missouri. To be subject to this
rule, the IC engines must either have
emitted greater than one ton per day of
NOX on average during the period from
May 1 through September 30 of 1995,
1996, or 1997, or began operations after
September 30, 1997. 10 CSR 10–
6.390(1)(A), (B).
On January 8, 2014, EPA published in
the Federal Register a proposed
rulemaking to approve Missouri’s
request to revise Missouri’s SIP and
include this 2010 amendment to the
Missouri rule. The public comment
period on EPA’s proposed rule opened
January 8, 2014, the date of its
publication in the Federal Register, and
closed on February 7, 2014. During this
period, EPA received one comment
letter from a member of the public. The
letter is available in the docket to
today’s final rule. Today’s final action
includes EPA’s response to this
comment.
II. What is the background for the
approvals by EPA in this final rule?
This section briefly summarizes the
background for today’s final action.
More detailed discussion of the
statutory and regulatory background can
be found in the preamble to the
proposal for this rulemaking. (79 FR
1350, January 8, 2014.)
The Missouri rule establishes
emission rate limits using current
reporting requirements for both large
stationary diesel engines and dual fuel
IC engines and adds a twenty-five ton
NOX exemption.
Any compression ignited stationary
engine that begins operation after
September 30, 1997, and emits twentyfive (25) tons or less of NOX during the
period from May 1 through September
30 is exempt from certain emission rate
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limits found at 10 CSR 10–6.390(3)(B)3
and 4. This exemption is based on the
previous year’s NOX emissions during
the May 1 through September 30 period.
If the exemption limit is exceeded, for
any reason, the engine in question will
be required to meet the applicable limits
of subsection (3)(B) each year thereafter.
The exemption does not apply to the
record keeping and reporting
requirements of 10 CSR 10–6.390(4).
Section 110(l) of the CAA states that
EPA shall not approve a revision of a
SIP if the revisions would interfere with
any applicable requirement concerning
attainment and reasonable further
progress, or any other applicable
requirement of the CAA. The state’s SIP
revision included a demonstration that
this twenty-five ton NOX exemption for
compression ignited stationary IC
engines will not adversely impact air
quality. The analysis, included in the
docket for today’s action, also showed
that the exemption will not affect the
state’s ability to meet its NOX SIP Call
obligations.
EPA has reviewed the state’s analysis
of the potential impacts of this NOX
exemption on air quality and has
determined that the twenty-five ton
NOX exemption in 10 CSR 10–6.390 will
not adversely impact air quality and
will not affect the state’s ability to meet
its NOX SIP Call obligations, previously
approved in a separate action on August
15, 2006 (71 FR 46860).
III. EPA’s Response to Comment
The public comment period on EPA’s
proposed rule opened January 8, 2014,
the date of its publication in the Federal
Register, and closed on February 7,
2014. During this period, EPA received
one comment from a citizen, and the
comment letter is available in the docket
to today’s final rule. Today’s final action
includes EPA’s response to the
comment.
Comment: The citizen commented,
among other things, that Missouri’s
allowable NOx budget should be revised
and subsequently a SIP revision should
be requested to reflect the lower
emissions ceiling.
Response: EPA would like to thank
the citizen for the comment, but
disagrees with the Commenter’s view.
EPA’s NOX emissions budgets were set
under the final Federal Phase II NOX SIP
Call (69 FR 21604, April 21, 2004). The
budgets were an accounting mechanism
for ensuring that upwind states have
adopted and are implementing control
measures that will address their
significant contribution to downwind
nonattainment, and interference with
maintenance areas in other states for the
1-hour and the 1997 8-hour ozone
PO 00000
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41909
standard. These budgets have been set
through notice-and-comment
rulemaking and EPA has already
determined that Missouri has met its
obligation under the Phase II NOX SIP
call (71 FR 46860, August 15, 2006).
IV. EPA’s Final Action
In today’s rulemaking, EPA is taking
final action to approve a revision to the
Missouri SIP to control NOX emissions
from large stationary internal
combustion engines. The revisions will
also add a NOX exemption for
compression ignited stationary internal
combustion engines that emit 25 tons or
less of NOX during the ozone season. If
this level is exceeded, the regular
emission rate limits in the regulation
would apply. The requirements
prescribed in the SIP revision are
consistent with the April 21, 2004, final
Federal Phase II NOX SIP Call. EPA has
determined that the SIP submitted by
the State of Missouri satisfies the
applicable requirements of the CAA.
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 final 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 final action:
• Is not a ‘‘significant regulatory
action’’ under the terms of Executive
Order 12866 (58 FR 51735, October 4,
1993) and is therefore not subject to
review under Executive Orders 12866
and 13563 (76 FR 3821, January 21,
2011).
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
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Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Rules and Regulations
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 September 16, 2014. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
reference, Intergovernmental relations,
Nitrogen oxides, Reporting and
recordkeeping requirements.
Dated: July 1, 2014.
Karl Brooks,
Regional Administrator, Region 7.
For the reasons stated in the
preamble, the Environmental Protection
Agency proposes to amend 40 CFR part
52 as set forth below:
40 CFR part 52 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.
Subpart AA—Missouri
2. Section 52.1320 table in paragraph
(c) is amended by revising the entry for
‘‘Chapter 6—Air Quality Standards,
Definitions, Sampling and Reference
Methods, and Air Pollution Control
Regulations for the State of Missouri’’
‘‘10–6.390’’ to read as follows:
■
List of Subjects in 40 CFR Part 52
§ 52.1320
Environmental protection, Air
pollution control, Incorporation by
*
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
*
10–6.390 ............................
*
*
*
Control of NOX Emissions from Large Stationary Internal Combustion Engines.
*
*
*
*
*
*
*
*
*
05/30/2010
*
07/18/2014 [insert Federal
Register page number
where the document begins].
*
*
*
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]]>Agencies
[Federal Register Volume 79, Number 138 (Friday, July 18, 2014)]
[Rules and Regulations]
[Pages 41908-41910]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16831]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2013-0674; FRL-9913-79-Region-7]
Approval and Promulgation of Implementation Plans; State of
Missouri; Control of Nitrogen Oxide Emissions From Large Stationary
Internal Combustion Engines
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a State Implementation Plan (SIP) revision submitted
by the State of Missouri to EPA on September 21, 2010, with a
supplemental revision submitted on July 3, 2013. The purpose of the SIP
revision is to incorporate revisions to a Missouri regulation to
control Nitrogen Oxide (NOX) emissions from large stationary
internal combustion engines. This revision includes an emission rate
limitation for both large stationary diesel and dual fuel internal
combustion engines and adds an exemption for compression ignited
stationary internal combustion engines that emit 25 tons or less of
NOX between May 1 and September 30. EPA has determined that
the SIP revision submitted by the State of Missouri satisfies the
applicable requirements of the Clean Air Act (CAA or Act), and in
particular, the April 21, 2004, final Federal Phase II NOX
SIP Call.
DATES: This rule is effective on August 18, 2014.
ADDRESSES: EPA has established docket number EPA-R07-OAR-2013-0674 for
this action. All documents in the electronic docket are listed in the
https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
at https://www.regulations.gov or in hard copy at U.S. Environmental
Protection Agency, Region 7, 11201 Renner Boulevard, Lenexa, Kansas
66219 from 8 a.m. to 4:30 p.m., Monday through Friday, 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: Ms. Lachala Kemp, Air Planning and
Development Branch, U.S. Environmental Protection Agency, Region 7,
11201 Renner Boulevard, Lenexa, KS 66219; telephone number: (913) 551-
7214; fax number: (913) 551-7065; email address: kemp.lachala@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' or
``our'' refer to EPA. This section provides additional information by
addressing the following questions:
Table of Contents
I. What action is EPA taking in this final rule?
II. What is the background for the approvals by EPA in this final
rule?
III. EPA's Response to Comment
IV. EPA's Final Action
I. What action is EPA taking in this final rule?
EPA is taking final action to approve a State Implementation Plan
(SIP) revision submitted by the State of Missouri to EPA on September
21, 2010, with a supplemental revision submitted on July 3, 2013. The
purpose of the SIP revision is to incorporate changes to a Missouri
regulation (Title 10 of the Code of State Regulations (CSR) 10-6.390)
to control Nitrogen Oxide (NOX) emissions from large
stationary internal combustion (IC) engines to ensure compliance with
the federal NOX control plan to reduce the transport of air
pollutants.\1\ EPA finalized the second phase (Phase II) of its rule
known as the NOX SIP Call Rule on April 21, 2004 (69 FR
21604). Phase II required the eastern one-third of Missouri to
participate in the NOX SIP Call and included a provision
related to source categories of IC engines. The IC provision
established a requirement to decrease emissions from diesel and dual
fuel stationary IC engines by ninety percent. Phase II of the
NOX SIP Call
[[Page 41909]]
also required each state in the control region to submit a SIP that
contained adequate provisions prohibiting its sources from emitting air
pollutants that would contribute significantly to nonattainment, or
interfere with maintenance, in one or more downwind states. See,
generally, 69 FR 21608.
---------------------------------------------------------------------------
\1\ The effective date of the rule in Missouri was May 30, 2010.
---------------------------------------------------------------------------
Missouri's rule establishes emissions levels for large stationary
internal combustion engines of greater than one thousand three hundred
horsepower located in the counties of Bollinger, Butler, Cape
Girardeau, Carter, Clark, Crawford, Dent, Dunklin, Franklin, Gasconade,
Iron, Jefferson, Lewis, Lincoln, Madison, Marion, Mississippi,
Montgomery, New Madrid, Oregon, Pemiscot, Perry, Pike, Ralls, Reynolds,
Ripley, St. Charles, St. Francois, St. Louis, Ste. Genevieve, Scott,
Shannon, Stoddard, Warren, Washington, and Wayne counties, and the City
of St. Louis in Missouri. To be subject to this rule, the IC engines
must either have emitted greater than one ton per day of NOX
on average during the period from May 1 through September 30 of 1995,
1996, or 1997, or began operations after September 30, 1997. 10 CSR 10-
6.390(1)(A), (B).
On January 8, 2014, EPA published in the Federal Register a
proposed rulemaking to approve Missouri's request to revise Missouri's
SIP and include this 2010 amendment to the Missouri rule. The public
comment period on EPA's proposed rule opened January 8, 2014, the date
of its publication in the Federal Register, and closed on February 7,
2014. During this period, EPA received one comment letter from a member
of the public. The letter is available in the docket to today's final
rule. Today's final action includes EPA's response to this comment.
II. What is the background for the approvals by EPA in this final rule?
This section briefly summarizes the background for today's final
action. More detailed discussion of the statutory and regulatory
background can be found in the preamble to the proposal for this
rulemaking. (79 FR 1350, January 8, 2014.)
The Missouri rule establishes emission rate limits using current
reporting requirements for both large stationary diesel engines and
dual fuel IC engines and adds a twenty-five ton NOX
exemption.
Any compression ignited stationary engine that begins operation
after September 30, 1997, and emits twenty-five (25) tons or less of
NOX during the period from May 1 through September 30 is
exempt from certain emission rate limits found at 10 CSR 10-
6.390(3)(B)3 and 4. This exemption is based on the previous year's
NOX emissions during the May 1 through September 30 period.
If the exemption limit is exceeded, for any reason, the engine in
question will be required to meet the applicable limits of subsection
(3)(B) each year thereafter. The exemption does not apply to the record
keeping and reporting requirements of 10 CSR 10-6.390(4).
Section 110(l) of the CAA states that EPA shall not approve a
revision of a SIP if the revisions would interfere with any applicable
requirement concerning attainment and reasonable further progress, or
any other applicable requirement of the CAA. The state's SIP revision
included a demonstration that this twenty-five ton NOX
exemption for compression ignited stationary IC engines will not
adversely impact air quality. The analysis, included in the docket for
today's action, also showed that the exemption will not affect the
state's ability to meet its NOX SIP Call obligations.
EPA has reviewed the state's analysis of the potential impacts of
this NOX exemption on air quality and has determined that
the twenty-five ton NOX exemption in 10 CSR 10-6.390 will
not adversely impact air quality and will not affect the state's
ability to meet its NOX SIP Call obligations, previously
approved in a separate action on August 15, 2006 (71 FR 46860).
III. EPA's Response to Comment
The public comment period on EPA's proposed rule opened January 8,
2014, the date of its publication in the Federal Register, and closed
on February 7, 2014. During this period, EPA received one comment from
a citizen, and the comment letter is available in the docket to today's
final rule. Today's final action includes EPA's response to the
comment.
Comment: The citizen commented, among other things, that Missouri's
allowable NOx budget should be revised and subsequently a SIP revision
should be requested to reflect the lower emissions ceiling.
Response: EPA would like to thank the citizen for the comment, but
disagrees with the Commenter's view. EPA's NOX emissions
budgets were set under the final Federal Phase II NOX SIP
Call (69 FR 21604, April 21, 2004). The budgets were an accounting
mechanism for ensuring that upwind states have adopted and are
implementing control measures that will address their significant
contribution to downwind nonattainment, and interference with
maintenance areas in other states for the 1-hour and the 1997 8-hour
ozone standard. These budgets have been set through notice-and-comment
rulemaking and EPA has already determined that Missouri has met its
obligation under the Phase II NOX SIP call (71 FR 46860,
August 15, 2006).
IV. EPA's Final Action
In today's rulemaking, EPA is taking final action to approve a
revision to the Missouri SIP to control NOX emissions from
large stationary internal combustion engines. The revisions will also
add a NOX exemption for compression ignited stationary
internal combustion engines that emit 25 tons or less of NOX
during the ozone season. If this level is exceeded, the regular
emission rate limits in the regulation would apply. The requirements
prescribed in the SIP revision are consistent with the April 21, 2004,
final Federal Phase II NOX SIP Call. EPA has determined that
the SIP submitted by the State of Missouri satisfies the applicable
requirements of the CAA.
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
final 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 final action:
Is not a ``significant regulatory action'' under the terms
of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or
[[Page 41910]]
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 September 16, 2014. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Reporting and
recordkeeping requirements.
Dated: July 1, 2014.
Karl Brooks,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the Environmental
Protection Agency proposes to amend 40 CFR part 52 as set forth below:
40 CFR part 52 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. Section 52.1320 table in paragraph (c) is amended by revising the
entry for ``Chapter 6--Air Quality Standards, Definitions, Sampling and
Reference Methods, and Air Pollution Control Regulations for the State
of Missouri'' ``10-6.390'' 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 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
Regulations
for the State of Missouri
----------------------------------------------------------------------------------------------------------------
* * * * * * *
10-6.390....................... Control of NOX 05/30/2010 07/18/2014 ..................
Emissions from Large [insert Federal
Stationary Internal Register page
Combustion Engines. number where the
document begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2014-16831 Filed 7-17-14; 8:45 am]
BILLING CODE 6560-50-P
