Approval and Promulgation of Implementation Plans; State of Missouri, Control of Gasoline Reid Vapor Pressure, 52564-52567 [2014-20915]
Download as PDF
<![CDATA[
52564
Federal Register / Vol. 79, No. 171 / Thursday, September 4, 2014 / Rules and Regulations
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPPT
Docket is (202) 566–0280. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: For
technical information contact: Kenneth
Moss, Chemical Control Division
(7405M), Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460–0001; telephone
number: (202) 564–9232; email address:
moss.kenneth@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCAHotline@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Does this action apply to me?
A list of potentially affected entities is
provided in the Federal Register of July
8, 2014 (79 FR 38464) (FRL–9911–05)
and July 9, 2014 (79 FR 39268) (FRL–
9910–01). If you have questions
regarding the applicability of this action
to a particular entity, consult the
technical person listed under FOR
FURTHER INFORMATION CONTACT.
mstockstill on DSK4VPTVN1PROD with RULES
II. What rules are being withdrawn?
In the Federal Register of July 8, 2014
(79 FR 38464) and July 9, 2014 (79 FR
39268), EPA issued several direct final
SNURs, including SNURs for the
chemical substances that are the subject
of this withdrawal. These direct final
rules were issued pursuant to the
procedures in 40 CFR part 721, subpart
D. In accordance with § 721.160(c)(3)(ii),
EPA is withdrawing the rules issued for
chemical substances generically
identified as 1,1’methylenebis[isocyanatobenzene],
polymer with polycarboxylic acids in
alkane polyols; aromatic dibenzoate;
propylene glycol, alpha isocyanate,
omega silane; aromatic dicarboxylic
acid polymer with alkanediol, alkyl
alkyl-2-alkenoate,1,4- dialkyl aromatic
dicarboxylate, alkanedioic acid,
alkanediol, .alpha.- hydro-.omega.hydroxypoly[oxy(alkyl- alkanediyl)],
hydroxyalkyl 2-alkyl-2- alkenoate,
aromatic diisocyanate, alkyl 2-alkyl-2alkenoate and 2-alkyl-2- alkenoic acid;
alkanedioic acid, polymer with alkyl 2alkyl-2-alkenoate, alkanedioic acid,
alkanediol, .alpha.-hydro-.omega.hydroxypoly[oxy(alkyl-1 2-alkanediyl)],
hydroxyalkyl 2-alkyl-2-alkenoate,
aromatic diisocyanate, alkyl 2-alkyl-2-
VerDate Mar<15>2010
16:31 Sep 03, 2014
Jkt 232001
alkenoate and 2-alkyl-2-alkenoic acid;
and alkanedioic acid, polymer with
alkyl alkyl- alkenoate, alkanedioic acid,
alkanediol, .alpha.-hydro-.omega.hydroxypoly[oxy(alkyl-1,2-alkanediyl)],
aromatic diisocyanate, alkyl alkylalkeneoate and alkyl-alkenoic acid,
which were the subject of PMNs P–14–
60, P–13–270, P–13–563, P–13–617, P–
13–618, and P–13–619 respectively,
because the Agency received notices of
intent to submit adverse comments. EPA
intends to publish proposed SNURs for
these chemical substances under
separate notice and comment
procedures.
For further information regarding
EPA’s expedited process for issuing
SNURs, interested parties are directed to
40 CFR part 721, subpart D, and the
Federal Register of July 27, 1989 (54 FR
31314). The record for the direct final
SNURs for the chemical substances that
are being removed were established at
EPA–HQ–OPPT–2014–0277 and EPA–
HQ–OPPT–2014–0166. These records
include information considered by the
Agency in developing these rules and
the notices of intent to submit adverse
comments.
III. Statutory and Executive Order
Reviews
This final rule revokes or eliminates
an existing regulatory requirement and
does not contain any new or amended
requirements. As such, the Agency has
determined that this withdrawal will
not have any adverse impacts, economic
or otherwise. The statutory and
executive order review requirements
applicable to the direct final rule were
discussed in the Federal Register of July
8, 2014 and July 9, 2014. Those review
requirements do not apply to this action
because it is a withdrawal and does not
contain any new or amended
requirements.
40 CFR Part 721
Environmental protection, Chemicals,
Hazardous substances, Reporting and
recordkeeping requirements.
Dated: August 28, 2014.
Maria J. Doa,
Director, Chemical Control Division, Office
of Pollution Prevention and Toxics.
Therefore, 40 CFR chapter I is
amended as follows:
PART 9—[AMENDED]
1. The authority citation for part 9
continues to read as follows:
■
Authority: 7 U.S.C. 135 et seq., 136–136y;
15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671;
21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318,
1321, 1326, 1330, 1342, 1344, 1345 (d) and
(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,
1971–1975 Comp. p. 973; 42 U.S.C. 241,
242b, 243, 246, 300f, 300g, 300g–1, 300g–2,
300g–3, 300g–4, 300g–5, 300g–6, 300j–1,
300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq.,
6901–6992k, 7401–7671q, 7542, 9601–9657,
11023, 11048.
§ 9.1
PART 721—[AMENDED]
3. The authority citation for part 721
continues to read as follows:
■
Authority: –15. U.S.C. 2604, 2607, and
2625(c).
§ 721.10735
■
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule 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. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects
40 CFR Part 9
Environmental protection, Reporting
and recordkeeping requirements.
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
[Removed]
4. Remove § 721.10735.
§§ 721.10741 through 721.10744
[Removed]
5. Remove §§ 721.10741 through
721.10744.
■
§ 721.10762
■
IV. Congressional Review Act (CRA)
[Amended]
2. In § 9.1, under the undesignated
center heading ‘‘Significant New Uses of
Chemical Substances,’’ remove
§§ 721.10735, 721.10741, 721.10742,
721.10743, 721.10744 and 721.10762.
■
[Removed]
6. Remove § 721.10762.
[FR Doc. 2014–21091 Filed 9–3–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2014–0595; FRL–9916–10Region 7]
Approval and Promulgation of
Implementation Plans; State of
Missouri, Control of Gasoline Reid
Vapor Pressure
Environmental Protection
Agency (EPA).
AGENCY:
E:\FR\FM\04SER1.SGM
04SER1
Federal Register / Vol. 79, No. 171 / Thursday, September 4, 2014 / Rules and Regulations
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 and received by
EPA on July 18, 2013, related to the
Missouri rule that controls Gasoline
Reid Vapor Pressure (RVP) in the
Kansas City metropolitan area. This
action amends the SIP by updating no
longer existing references to certain
sampling procedures and test
procedures.
SUMMARY:
This direct final rule will be
effective November 3, 2014, without
further notice, unless EPA receives
adverse comment by October 6, 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–2014–0595, 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–
0595. 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
mstockstill on DSK4VPTVN1PROD with RULES
DATES:
VerDate Mar<15>2010
16:31 Sep 03, 2014
Jkt 232001
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 Missouri SIP
received on July 18, 2013, related to
Missouri rule 10–CSR 10–2.330,
‘‘Control of Gasoline Reid Vapor
Pressure (RVP).’’ This rule limits the
volatility of motor vehicle gasoline in
the previous 1-hour ozone Kansas City
maintenance area of Clay, Jackson and
Platte counties in Missouri and Johnson
and Wyandotte counties in Kansas. This
action amends the SIP by updating no
longer existing references to certain
sampling procedures and test
procedures.
Specifically, prior to this revision, the
gasoline sampling procedure in section
(4) of the rule references 40 CFR part 80,
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
52565
appendix D, which is outdated. This
reference is being replaced by the
Federally approved American Society
for Testing and Materials (ASTM)
standard reference (ASTM D4057–06
(2011)). Similarly, prior to this revision,
the gasoline testing procedures for RVP
and determination of compliance
reference in section (5)(A) of the rule
was also outdated. This reference is
being replaced by the Federally
approved ASTM standard reference
(ASTM D6378–10 or ASTM D5191–
10b). In addition, minor administrative
corrections are being made to
subsections (6)(A) and (6)(D), and
section (7).
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 this
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
E:\FR\FM\04SER1.SGM
04SER1
52566
Federal Register / Vol. 79, No. 171 / Thursday, September 4, 2014 / Rules and Regulations
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
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 3, 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 this 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 20, 2014.
Mark Hague,
Acting Regional Administrator, Region 7.
For the reasons stated in the
preamble, the Environmental Protection
Agency amends 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 for
10–2.330 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
*
*
*
*
*
*
*
mstockstill on DSK4VPTVN1PROD with RULES
Chapter 2—Air Quality Standards and Air Pollution Control Regulations for the Kansas City Metropolitan Area
*
*
10–2.330 ...............
*
VerDate Mar<15>2010
*
*
Control of Gasoline Reid Vapor Pressure.
*
16:31 Sep 03, 2014
*
Jkt 232001
PO 00000
*
07/30/2013 ............
*
Frm 00024
Fmt 4700
*
09/04/2014 [Insert Federal Register citation].
*
Sfmt 4700
*
E:\FR\FM\04SER1.SGM
*
04SER1
*
Federal Register / Vol. 79, No. 171 / Thursday, September 4, 2014 / Rules and Regulations
*
*
*
*
*
[FR Doc. 2014–20915 Filed 9–3–14; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R4–ES–2013–0033;
4500030113]
RIN 1018–AZ15
Endangered and Threatened Wildlife
and Plants; Endangered Species
Status for Brickellia mosieri (Florida
Brickell-bush) and Linum carteri var.
carteri (Carter’s Small-flowered Flax)
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), determine
endangered species status under the
Endangered Species Act of 1973 (Act),
as amended, for Brickellia mosieri
(Florida brickell-bush) and Linum
carteri var. carteri (Carter’s smallflowered flax), two plants from MiamiDade County, Florida. The effect of this
regulation will be to add these plants to
the List of Endangered and Threatened
Plants.
DATES: This rule becomes effective
October 6, 2014.
ADDRESSES: This final rule is available
on the internet at https://
www.regulations.gov and at https://
www.fws.gov/verobeach/. Comments
and materials we received, as well as
supporting documentation we used in
preparing this rule, are available for
public inspection at https://
www.regulations.gov. All of the
comments, materials, and
documentation that we considered in
this rulemaking are available by
appointment, during normal business
hours at: U.S. Fish and Wildlife Service,
South Florida Ecological Services
Office, 1339 20th Street, Vero Beach, FL
32960; telephone 772–562–3909;
facsimile 772–562–4288.
FOR FURTHER INFORMATION CONTACT:
Craig Aubrey, Field Supervisor, U.S.
Fish and Wildlife Service, South Florida
Ecological Services Office, 1339 20th
Street, Vero Beach, FL 32960, by
telephone 772–562–3909, or by
facsimile 772–562–4288. Persons who
use a telecommunications device for the
deaf (TDD) may call the Federal
Information Relay Service (FIRS) at
800–877–8339.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK4VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:31 Sep 03, 2014
Jkt 232001
Executive Summary
Why we need to publish a rule. Under
the Act, a species may warrant
protection through listing if we find that
it is an endangered or threatened
species throughout all or a significant
portion of its range. Listing a species as
endangered or threatened can only be
completed by issuing a rule. We will
also be finalizing the designation of
critical habitat for Brickellia mosieri and
Linum carteri var. carteri under the Act
in the near future.
This rule will finalize the listing of
Brickellia mosieri and Linum carteri var.
carteri as endangered species.
The basis for our action. Under the
Act, we may determine that a species is
an endangered or threatened species
based on any of five factors: (A) The
present or threatened destruction,
modification, or curtailment of its
habitat or range; (B) overutilization for
commercial, recreational, scientific, or
educational purposes; (C) disease or
predation; (D) the inadequacy of
existing regulatory mechanisms; or (E)
other natural or manmade factors
affecting its continued existence. We
have determined that Brickellia mosieri
and Linum carteri var. carteri meet the
definition of an endangered species
based on Factors A, D, and E.
Peer review and public comment. We
sought comments from six independent
specialists to ensure that our action is
based on scientifically sound data,
assumptions, and analyses. We invited
these peer reviewers to comment on our
listing proposal. We also considered all
other comments and information
received during the comment period.
Previous Federal Action
Please refer to the proposed listing
rule for Brickellia mosieri and Linum
carteri var. carteri (78 FR 61273;
October 3, 2013) for a detailed
description of previous Federal actions
concerning these plants.
Summary of Comments and
Recommendations
In the proposed rule published on
October 2, 2013 (78 FR 61273), we
requested that all interested parties
submit written comments on the
proposal by December 2, 2013. We also
contacted appropriate Federal and State
agencies, scientific experts and
organizations, and other interested
parties and invited them to comment on
the proposal. Newspaper notices
inviting general public comment were
published in the Miami Herald.
Peer Reviewer Comments
In accordance with our peer review
policy published on July 1, 1994 (59 FR
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
52567
34270), we solicited expert opinion
from six knowledgeable individuals
with scientific expertise that included
familiarity with Brickellia mosieri and
Linum carteri var. carteri and/or their
habitat, biological needs, and threats;
the geographical region of South Florida
in which these plants occur; and
conservation biology principles. We
received responses from all six of the
peer reviewers we contacted.
We reviewed all comments received
from the peer reviewers for substantive
issues and new information regarding
the listing of Brickellia mosieri and
Linum carteri var. carteri. The peer
reviewers generally concurred with our
methods and conclusions, and provided
additional information, clarifications,
and suggestions to improve the final
listing rule. Peer reviewer comments are
addressed in the following summary
and incorporated into the final rule as
appropriate.
(1) Comment: One peer reviewer
commented on the lack of discussion
related to the threat of herbivory from
invertebrates, both native and
nonnative, and noted that Brickellia
cordifolia, a north Florida species,
experiences considerable damage on an
annual basis from a not-yet-identified,
leaf-boring-type arthropod. The
reviewer also noted the possible threat
of unnaturally high herbivory from deer,
rabbits, and other vertebrates, as well as
threats associated with feral hogs, both
of which he stated are threats
throughout most of Florida.
Our Response: We appreciate the
information provided; however,
biologists monitoring Brickellia mosieri
in Miami-Dade County have not
observed any significant damage to the
species from invertebrates or
vertebrates, native or nonnative. In
addition, another peer reviewer noted
that deer no longer occur in the areas
where these plants exist, and rabbits
occur only sparingly, and not in all
areas. Based on the information
available at this time, the Service does
believe that predation poses a threat to
Brickellia mosieri.
(2) Comment: One peer reviewer
noted that two specimens of Brickellia
mosieri (filed as B. eupatorioides and
annotated by K.A. Bradley as B.
eupatorioides var. floridana) in the
collection at the Fairchild Tropical
Botanic Garden Herbarium indicate that
the historical range of this species
probably extended north of South
Miami. Based on these specimens, the
reviewer stated that the historical range
is better characterized as extending from
approximately Coconut Grove to Florida
City, while allowing that these
observations may have been included
E:\FR\FM\04SER1.SGM
04SER1
]]>Agencies
[Federal Register Volume 79, Number 171 (Thursday, September 4, 2014)]
[Rules and Regulations]
[Pages 52564-52567]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20915]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2014-0595; FRL-9916-10-Region 7]
Approval and Promulgation of Implementation Plans; State of
Missouri, Control of Gasoline Reid Vapor Pressure
AGENCY: Environmental Protection Agency (EPA).
[[Page 52565]]
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 and received by EPA on July
18, 2013, related to the Missouri rule that controls Gasoline Reid
Vapor Pressure (RVP) in the Kansas City metropolitan area. This action
amends the SIP by updating no longer existing references to certain
sampling procedures and test procedures.
DATES: This direct final rule will be effective November 3, 2014,
without further notice, unless EPA receives adverse comment by October
6, 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-2014-0595, 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-
2014-0595. 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
Missouri SIP received on July 18, 2013, related to Missouri rule 10-CSR
10-2.330, ``Control of Gasoline Reid Vapor Pressure (RVP).'' This rule
limits the volatility of motor vehicle gasoline in the previous 1-hour
ozone Kansas City maintenance area of Clay, Jackson and Platte counties
in Missouri and Johnson and Wyandotte counties in Kansas. This action
amends the SIP by updating no longer existing references to certain
sampling procedures and test procedures.
Specifically, prior to this revision, the gasoline sampling
procedure in section (4) of the rule references 40 CFR part 80,
appendix D, which is outdated. This reference is being replaced by the
Federally approved American Society for Testing and Materials (ASTM)
standard reference (ASTM D4057-06 (2011)). Similarly, prior to this
revision, the gasoline testing procedures for RVP and determination of
compliance reference in section (5)(A) of the rule was also outdated.
This reference is being replaced by the Federally approved ASTM
standard reference (ASTM D6378-10 or ASTM D5191-10b). In addition,
minor administrative corrections are being made to subsections (6)(A)
and (6)(D), and section (7).
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 this 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
[[Page 52566]]
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 under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 3, 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 this 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 20, 2014.
Mark Hague,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, the Environmental
Protection Agency amends 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 for 10-2.330 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 2--Air Quality Standards and Air Pollution Control Regulations for the Kansas City Metropolitan Area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
10-2.330........................ Control of 07/30/2013........ 09/04/2014 [Insert ..................
Gasoline Reid Federal Register
Vapor Pressure. citation].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 52567]]
* * * * *
[FR Doc. 2014-20915 Filed 9-3-14; 8:45 am]
BILLING CODE 6560-50-P
