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
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[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.
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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:
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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
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DATES:
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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.
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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
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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 ..
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[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
https://www.regulations.gov under
docket number EPA–HQ–OW–2009–
1019. The rule and key supporting
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SUMMARY:
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documents are also available
electronically on the Internet at https://
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
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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.
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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]
-----------------------------------------------------------------------
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