Approval and Promulgation of Implementation Plans; State of Missouri, Certain Coals To Be Washed, 48998-49001 [2014-19557]

Download as PDF 48998 Federal Register / Vol. 79, No. 160 / Tuesday, August 19, 2014 / Rules and Regulations appropriate circuit by October 20, 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, Incorporation by reference, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: July 21, 2014. Deborah Jordan, Acting Regional Administrator, Region IX. Part 52, Chapter I, Title 40 of the Code of Federal Regulations is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for Part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart F—California 2. Section 52.222, is amended by adding paragraph (a)(4)(ii)and (iii) to read as follows: ■ § 52.222 * Negative declarations. * * (a) * * * (4) * * * (ii) * * CTG source category Negative declaration—CTG reference document Aerospace ....................................... EPA–453/R–97–004—Control of VOC Emissions from Coating Operations at Aerospace Manufacturing and Rework Operations. EPA–450/2–77–008—Control of Volatile Organic Emissions from Existing Stationary Sources—Volume II: Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks. EPA 450/R–08–006—Control Techniques Guidelines for Automobile and Light-duty Truck Assembly Coatings. EPA–450/3–82–009—Control of Volatile Organic Compound Emissions from Large Petroleum Dry Cleaners. EPA 453/R–08–004—Control Techniques Guidelines for Fiberglass Boat Manufacturing Materials. EPA–453/R–06–003—Control Techniques Guidelines for Flexible Package Printing. EPA–450/2–77–034—Control of Volatile Organic Emissions from Existing Stationary Sources, Volume V: Surface Coating of Large Appliances. EPA 453/R–07–004—Control Techniques Guidelines for Large Appliance Coatings. EPA–450/2–77–033—Control of Volatile Organic Emissions from Existing Stationary Sources, Volume IV: Surface Coating of Insulation of Magnetic Wire. EPA–450/2–77–032—Control of Volatile Organic Emissions from Existing Stationary Sources, Volume III: Surface Coating of Metal Furniture. EPA 453/R–07–005—Control Techniques Guidelines for Metal Furniture Coatings. EPA–450/2–83–007—Control of VOC Equipment Leaks from Natural Gas/Gasoline Processing Plants. EPA–450/2–77–008—Control of Volatile Organic Emissions from Existing Stationary Sources—Volume II: Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks . EPA 453/R–07–003—Control Techniques Guidelines for Paper, Film, and Foil Coatings. EPA–450/2–78–029—Control of Volatile Organic Emissions from Manufacture of Synthesized Pharmaceutical Products. EPA–450/2–77–025—Control of Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds. EPA–450/2–78–036—Control of VOC Leaks from Petroleum Refinery Equipment. EPA–450/2–78–030—Control of Volatile Organic Emissions from Manufacture of Pneumatic Rubber Tires. EPA–453/R–94–032 Alternative Control Technology Document—Surface Coating Operations at Shipbuilding and Ship Repair Facilities and Ships 61 FR 44050 Shipbuilding and Ship Repair Operations (Surface Coating). EPA–450/3–84–015—Control of VOC Emissions from Air Oxidation Processes in Synthetic Organic Chemical Manufacturing Industry. EPA–450/4–91–031—Control of VOC Emissions from Reactor Processes and Distillation Operations in SOCMI. Automobile and Light-duty Truck Assembly Coatings. Dry Cleaning (Petroleum) ............... Fiberglass Boat Manufacturing ....... Flexible Package Printing ............... Large Appliances Surface Coatings Magnetic Wire ................................. Metal Furniture Coatings ................ Natural Gas/Gasoline ...................... Paper and Fabric ............................ Paper, Film, and Foil Coatings ....... Pharmaceutical Products ................ Refineries ........................................ Rubber Tires ................................... Ships/Marine Coating ...................... Synthetic Organic Chemical ........... (iii) Submitted on April 14, 2014 and adopted on February 13, 2014. * * * * * ENVIRONMENTAL PROTECTION AGENCY wreier-aviles on DSK5TPTVN1PROD with RULES [FR Doc. 2014–19425 Filed 8–18–14; 8:45 am] 40 CFR Part 52 BILLING CODE 6560–50–P [EPA–R07–OAR–2014–0582; FRL–9915–30– Region 7] Approval and Promulgation of Implementation Plans; State of Missouri, Certain Coals To Be Washed AGENCY: Environmental Protection Agency. VerDate Mar<15>2010 14:25 Aug 18, 2014 Jkt 232001 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 ACTION: Direct final rule. The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the State Implementation Plan (SIP) submitted by the State of Missouri on May 8, 2012, related to a Missouri rule titled ‘‘Certain Coals to be Washed.’’ This rule requires specified coals to be washed prior to sale in the St. Louis metropolitan area. This action amends the SIP to update an outdated reference in the rule. SUMMARY: E:\FR\FM\19AUR1.SGM 19AUR1 Federal Register / Vol. 79, No. 160 / Tuesday, August 19, 2014 / Rules and Regulations This direct final rule will be effective October 20, 2014, without further notice, unless EPA receives adverse comment by September 18, 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–2014–0582, 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–2014– 0582. 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 wreier-aviles on DSK5TPTVN1PROD with RULES DATES: VerDate Mar<15>2010 14:25 Aug 18, 2014 Jkt 232001 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, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 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 taking direct final action to approve a revision to the SIP submitted by the State of Missouri on May 8, 2012, related to Missouri rule 10 CSR 10– 5.130, ‘‘Certain Coals to be Washed.’’ This rule requires specified coals to be washed prior to sale in the St. Louis metropolitan area. This action amends the SIP to update an outdated reference in the rule. Specifically, the reference in 10 CSR 10–5.130(3) relating to Missouri rule 10 CSR 10–5.030, ‘‘Maximum Allowable Emission of Particulate Matter from Fuel Burning Equipment Used for Indirect Heating’’ was removed and replaced with a reference to 10 CSR 10–6.405, ‘‘Restriction of Particulate Matter Emissions From Fuel Burning Equipment Used For Indirect Heating.’’ On September 13, 2012, EPA took action to amend the Missouri SIP which rescinded area specific indirect heating rules, 10 CSR 10–2.040, 10–3.060, 10– 4.040, and 10–5.030 and added a new rule, 10 CSR 10–6.405 which consolidated the area rules into a single rule. 76 FR 56555. Today’s action approves the amendment which updates the reference to the current SIP approved rule. PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 48999 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 taking direct final action to approve this SIP revision. 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 this SIP revision if adverse comments are received on this direct final rule. We will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information about commenting on this rule, see the ADDRESSES section of this document. If EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that this direct final rule will not take effect. We will address all public comments in any subsequent final rule based on the proposed rule. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ 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 E:\FR\FM\19AUR1.SGM 19AUR1 49000 Federal Register / Vol. 79, No. 160 / Tuesday, August 19, 2014 / Rules and Regulations 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 October 20, 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: August 7, 2014. Karl Brooks, Regional Administrator, Region 7. For the reasons stated in the preamble, the Environmental Protection Agency is amending 40 CFR part 52 as set forth below: 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. In § 52.1320, the table in paragraph (c) is amended by revising the entry under ‘‘Chapter 5—Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area’’ for ‘‘10–5.130’’ to read as follows: ■ § 52.1320 * Identification of plan. * * (c) * * * * * EPA-APPROVED MISSOURI REGULATIONS Missouri citation State effective date Title EPA approval date Explanation Missouri Department of Natural Resources * * * * * * * Chapter 5—Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area * 10–5.130 .. wreier-aviles on DSK5TPTVN1PROD with RULES * VerDate Mar<15>2010 * * Certain Coals To Be Washed ............................... * 14:25 Aug 18, 2014 * Jkt 232001 PO 00000 * 05/30/2012 * * 08/19/2014 [Insert Federal Register citation] * Frm 00060 Fmt 4700 * Sfmt 4700 E:\FR\FM\19AUR1.SGM * 19AUR1 * * Federal Register / Vol. 79, No. 160 / Tuesday, August 19, 2014 / Rules and Regulations * * * * * [FR Doc. 2014–19557 Filed 8–18–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 122 and 136 [EPA–HQ–OW–2009–1019; FRL–9915– 18–OW] RIN 2040–AC84 National Pollutant Discharge Elimination System (NPDES): Use of Sufficiently Sensitive Test Methods for Permit Applications and Reporting Environmental Protection Agency. ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is finalizing minor amendments to its Clean Water Act (CWA) regulations to codify that under the National Pollutant Discharge Elimination System (NPDES) program, permit applicants must use ‘‘sufficiently sensitive’’ analytical test methods when completing an NPDES permit application and the Director must prescribe that only ‘‘sufficiently sensitive’’ methods be used for analyses of pollutants or pollutant parameters under an NPDES permit. The final rule is based on requirements in the CWA and clarifies existing EPA regulations. It also codifies existing EPA guidance on the use of ‘‘sufficiently sensitive’’ analytical methods with respect to measurement of mercury and extends the approach outlined in that guidance to the NPDES program more generally. Specifically, EPA is modifying existing NPDES application, compliance monitoring, and analytical methods regulations. The amendments in this rulemaking affect only chemical-specific methods; they do not apply to the Whole Effluent Toxicity (WET) methods or their use. DATES: These final regulations are effective September 18, 2014. For judicial review purposes, this final rule is promulgated as of 1:00 p.m. Eastern Time, on September 2, 2014, as provided in 40 CFR 23.2. ADDRESSES: The record for this rulemaking is available for inspection and copying at the Water Docket, located at the EPA Docket Center (EPA/ DC), EPA West 1301 Constitution Ave. NW., Washington, DC 20004. The record is also available via EPA Dockets at http://www.regulations.gov under docket number EPA–HQ–OW–2009– 1019. The rule and key supporting wreier-aviles on DSK5TPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 14:25 Aug 18, 2014 Jkt 232001 documents are also available electronically on the Internet at http:// cfpub.epa.gov/npdes/ssmethods.cfm. Docket: All documents in the docket are listed in the www.regulations.gov index. Some information, however, is not publicly available, e.g., confidential business information (‘‘CBI’’) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is publicly available only in hard copy. Publicly available docket materials are available electronically in www.regulations.gov or in hard copy at the Water Docket, EPA Docket Center, EPA West, Room 3334, 1301 Constitution Avenue NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the Water Docket is (202) 566–2426. For additional information, contact Kathryn Kelley, Water Permits Division, Office of Wastewater Management (4203M), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202) 564–7004, email address: kelley.kathryn@epa.gov. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: I. General Information A. Potentially Affected Parties B. Legal Authority II. Background III. Summary of Public Comments and EPA’s Response IV. The Final Rule V. Impacts VI. Compliance Dates VII. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review B. Paperwork Reduction Act C. Regulatory Flexibility Act D. Unfunded Mandates Reform Act E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Act J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 49001 I. General Information A. Potentially Affected Parties In the NPDES program, point source dischargers obtain permits that are issued by EPA regions and authorized NPDES States, Territories, and Indian tribes (collectively referred to as ‘‘permitting authorities’’). These point source dischargers include publicly owned treatment works (POTWs) and various industrial and commercial facilities (collectively referred to as ‘‘NPDES applicants or permittees’’). Permitting authorities issue NPDES individual permits after analyzing the information contained in the application and making a determination that the application is ‘‘complete’’ under 40 CFR 122.21(e). In the case of a general permit, authorization to be covered by the permit is given if the information submitted demonstrates eligibility for coverage under 40 CFR 122.28. The NPDES permit prescribes the conditions under which the facility is allowed to discharge pollutants into waters of the United States and the conditions that will ensure the facility’s compliance with the CWA’s technologybased and water quality-based requirements. NPDES permits typically include restrictions on the mass and/or concentration of pollutants 1 that a permittee may discharge as well as requirements that the permittee conduct routine sampling and reporting of various parameters measured in the permitted discharge. In general, NPDES applicants and permittees are required to use EPA-approved methods 2 when measuring the pollutants in their discharges. The purpose of today’s final rule is to codify that where EPA-approved methods exist, NPDES applicants must use sufficiently sensitive EPA-approved analytical methods when quantifying the presence of pollutants in a 1 Where the term ‘‘pollutant’’ is used, it refers to both pollutants and pollutant parameters. 2 For purposes of this rule, the term ‘‘EPAapproved methods’’ refers to methods that have been approved under 40 CFR part 136 or are required under 40 CFR chapter I, subchapter N or O. This includes analytical methods for CWA pollutants developed by EPA, voluntary consensus standards bodies (VCSBs), and other government agencies (such as the U.S. Geological Survey), as well as Alternate Test Procedures (ATPs) developed by commercial method developers for nation-wide use. These methods have been reviewed by EPA and approved for use in compliance monitoring under the CWA. EPA publishes lists of the EPA, VCSB, and other agency methods as well as ATPs that it has found to be acceptable for such use at 40 CFR Part 136, and at 40 CFR Chapter I, subchapters N and O. As a point of clarification, this includes approved ATPs as described in 40 CFR 136.4 and 136.5. E:\FR\FM\19AUR1.SGM 19AUR1

Agencies

[Federal Register Volume 79, Number 160 (Tuesday, August 19, 2014)]
[Rules and Regulations]
[Pages 48998-49001]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19557]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2014-0582; FRL-9915-30-Region 7]


Approval and Promulgation of Implementation Plans; State of 
Missouri, Certain Coals To Be Washed

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a revision to the State Implementation Plan 
(SIP) submitted by the State of Missouri on May 8, 2012, related to a 
Missouri rule titled ``Certain Coals to be Washed.'' This rule requires 
specified coals to be washed prior to sale in the St. Louis 
metropolitan area. This action amends the SIP to update an outdated 
reference in the rule.

[[Page 48999]]


DATES: This direct final rule will be effective October 20, 2014, 
without further notice, unless EPA receives adverse comment by 
September 18, 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-2014-0582, 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-
2014-0582. 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, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219 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 taking direct final action to approve a revision to the SIP 
submitted by the State of Missouri on May 8, 2012, related to Missouri 
rule 10 CSR 10-5.130, ``Certain Coals to be Washed.'' This rule 
requires specified coals to be washed prior to sale in the St. Louis 
metropolitan area. This action amends the SIP to update an outdated 
reference in the rule. Specifically, the reference in 10 CSR 10-
5.130(3) relating to Missouri rule 10 CSR 10-5.030, ``Maximum Allowable 
Emission of Particulate Matter from Fuel Burning Equipment Used for 
Indirect Heating'' was removed and replaced with a reference to 10 CSR 
10-6.405, ``Restriction of Particulate Matter Emissions From Fuel 
Burning Equipment Used For Indirect Heating.'' On September 13, 2012, 
EPA took action to amend the Missouri SIP which rescinded area specific 
indirect heating rules, 10 CSR 10-2.040, 10-3.060, 10-4.040, and 10-
5.030 and added a new rule, 10 CSR 10-6.405 which consolidated the area 
rules into a single rule. 76 FR 56555. Today's action approves the 
amendment which updates the reference to the current SIP approved rule.

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 taking direct final action to approve this SIP revision. 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 this SIP revision if adverse comments are received on 
this direct final rule. We will not institute a second comment period 
on this action. Any parties interested in commenting must do so at this 
time. For further information about commenting on this rule, see the 
ADDRESSES section of this document.
    If EPA receives adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that this 
direct final rule will not take effect. We will address all public 
comments in any subsequent final rule based on the proposed rule.

Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' 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

[[Page 49000]]

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 October 20, 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: August 7, 2014.
Karl Brooks,
Regional Administrator, Region 7.
    For the reasons stated in the preamble, the Environmental 
Protection Agency is amending 40 CFR part 52 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart AA--Missouri

0
2. In Sec.  52.1320, the table in paragraph (c) is amended by revising 
the entry under ``Chapter 5--Air Quality Standards and Air Pollution 
Control Regulations for the St. Louis Metropolitan Area'' for ``10-
5.130'' to read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
                                                State  effective
 Missouri  citation            Title                  date           EPA approval date          Explanation
----------------------------------------------------------------------------------------------------------------
                                    Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
   Chapter 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
10-5.130............  Certain Coals To Be     05/30/2012.........  08/19/2014 [Insert     ......................
                       Washed.                                      Federal Register
                                                                    citation]
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 49001]]

* * * * *
[FR Doc. 2014-19557 Filed 8-18-14; 8:45 am]
BILLING CODE 6560-50-P