Approval and Promulgation of Implementation Plans; State of Missouri, Controlling Emissions During Episodes of High Air Pollution Potential, 65346-65348 [2014-26080]
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Federal Register / Vol. 79, No. 213 / Tuesday, November 4, 2014 / Rules and Regulations
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Stanley F. Mires,
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[FR Doc. 2014–26111 Filed 11–3–14; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2014–0602; FRL–9918–74–
Region–7]
Approval and Promulgation of
Implementation Plans; State of
Missouri, Controlling Emissions
During Episodes of High Air Pollution
Potential
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve a revision submitted
by the State of Missouri and received by
EPA on December 17, 2013, pertaining
to Missouri’s rule ‘‘Controlling
Emissions During Episodes of High Air
Pollution Potential.’’ This rule specifies
conditions that establish air pollution
alerts and emergency alert levels, and
associated procedures and emission
reduction objectives statewide. This
action revises the SIP by amending an
existing table in the rule, clarifying
requirements of the rule related to
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SUMMARY:
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emission reduction plans and other rule
provisions, and makes administrative
and format changes all consistent with
Federal regulations.
DATES: This direct final rule will be
effective January 5, 2015, without
further notice, unless EPA receives
adverse comment by December 4, 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–2014–0602, 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–
0602. 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.
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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 by EPA on December 17, 2013,
pertaining to Missouri rule 10 CSR 10–
6.130, ‘‘Controlling Emissions During
Episodes of High Air Pollution
Potential.’’ This rule specifies
conditions that establish air pollution
alerts and emergency alert levels, and
associated procedures and emission
reduction objectives statewide. This
action revises the SIP by amending an
existing table in the rule, clarifying
requirements of the rule related to
emission reduction plans and other rule
provisions, and makes administrative
and format changes all consistent with
Federal regulations.
Specifically, in subsection (1)(A), the
rule is being revised to clarify the
applicability of the rule to all sources
and premises through the entire state
with air emissions that contribute to
sulfur dioxide (SO2), carbon monoxide
(CO), ozone (O3), nitrogen dioxide (NO2)
or Particulate Matter—10 Micron (PM10)
and 2.5 Micron (PM2.5). This
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Federal Register / Vol. 79, No. 213 / Tuesday, November 4, 2014 / Rules and Regulations
clarification is consistent with federal
regulations regarding prevention of air
pollution emergency episodes found in
40 CFR part 51, subpart H.
In addition, specific terms in this rule
that were previously defined in section
(2) of this rule have now been removed
and placed in Missouri rule 10 CSR 10–
6.020, ‘‘Definitions and Common
Reference Tables.’’
In section (3) of the rule, table A is
being amended to remove the specific
breakpoint values for each relevant
pollutant but retains the Air Quality
Index (AQI) range values and categories
for each pollutant. Because the AQI
breakpoint values are updated each time
a National Ambient Air Quality
Standard (NAAQS) is revised, removing
these values from the table eliminates
unnecessary updates to this table. The
AQI breakpoint values are established
when EPA takes final action to revise a
NAAQS and are codified in 50 CFR part
58, appendix G. Therefore there is no
need for the rule to also contain these
breakpoint values. This revision to the
rule does not alter any provisions or
applicability of the rule.
The conditions that are listed for alert
level categories are being moved from a
narrative outline format into a table
format in subsection (3)(B), table B, to
provide more clarity regarding the
specific applicable conditions. The
requirement for an air stagnation
advisory to be in effect in order to
trigger an alert has been removed from
all alert level categories thus, the
conditions that are required to establish
an alert are more easily triggered.
The procedures established for
addressing alert level conditions are
being moved from a narrative outline
into a table format in subsection (3)(C),
table C, to provide clarity on applicable
procedures. The alert level procedures
associated with an orange alert which
are currently listed in the rule have been
removed. These orange alert procedures
were inadvertently retained when the
state revised their rule in 2002 to be
consistent with revised Federal
regulations by updating the formally
called Pollution Standards Index (PSI)
to the AQI standards and procedures as
codified in 40 CFR part 58, appendix G.
EPA took action to approve Missouri’s
SIP revision on March 18, 2003 (68 FR
12829). Establishing orange alert
procedures are not a Federal
requirement. This action amends the
SIP to correct this error. This action
does not alter the stringency of the rule.
Additional clarity is being added to
section (4) of the rule addressing
reporting and recordkeeping
requirements. The alert plan
requirements that are outlined in
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section (3) of the rule are being moved
to a table format, tables D, E, and F.
These tables retain the same objectives
as previously contained in the rule, only
modified in format and moved to
section (4) of the rule with the exception
of one red alert procedure. The red alert
procedure which previously outlined
provisions for the director to request all
entertainment functions and facilities be
closed has been removed from the rule.
This procedure is not a requirement of
Federal regulations for red alert
procedures, and therefore remains
consistent with Federal requirements.
This procedure remains applicable for
maroon level procedures.
II. Have the requirements for approval
of a SIP revision been met?
EPA is taking direct final action to
approve Missouri’s request to amend the
SIP. These modifications will not
adversely affect air quality and will not
relax the SIP.
The state submittal has met the public
notice requirements for SIP submissions
in accordance with 40 CFR 51.102. On
June 17, 2013, Missouri published the
proposed revisions to the rules in the
Missouri Register. After considering
public comments, the Missouri Air
Conservation Commission (MACC)
adopted the rule actions on August 29,
2013. Public comments were printed in
the Missouri Register along with a reprint of the rule on November 1, 2013.
The effective date was December 30,
2013.
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
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65347
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
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
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Federal Register / Vol. 79, No. 213 / Tuesday, November 4, 2014 / Rules and Regulations
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 January 5, 2015. 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).)
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: October 21, 2014.
Becky Weber,
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
10–6.130 as follows:
■
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
§ 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 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of Missouri
*
*
*
10–6.130 ......................................
*
*
*
Controlling Emissions During Episodes of High Air Pollution Potential.
*
*
*
*
*
*
[FR Doc. 2014–26080 Filed 11–3–14; 8:45 am]
*
12/30/2013
*
*
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 4
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[PS Docket Nos. 13–75, 11–60; FCC 13–
158]
Improving 9–1–1 Reliability; Reliability
and Continuity of Communications
Networks, Including Broadband
Technologies
Federal Communications
Commission.
AGENCY:
Final rule; announcement of
effective date.
ACTION:
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11/4/14, [Insert Federal Register
citation].
BILLING CODE 6560–50–P
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*
*
*
In this document, the
Commission announces that the Office
of Management and Budget (OMB) has
approved, for a period of three years, an
information collection associated with
the Commission’s Report and Order,
FCC 13–158, published at 79 FR 3123
on January 17, 2014, and at 79 FR 7589
on February 10, 2014. This document is
consistent with the Report and Order,
which stated that the Commission
would publish a document in the
Federal Register announcing OMB
approval and the effective date of
requirements subject to OMB approval.
Specifically, this document announces
the effective date of rules requiring
Covered 911 Service Providers to notify
SUMMARY:
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]]>Agencies
[Federal Register Volume 79, Number 213 (Tuesday, November 4, 2014)]
[Rules and Regulations]
[Pages 65346-65348]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-26080]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2014-0602; FRL-9918-74-Region-7]
Approval and Promulgation of Implementation Plans; State of
Missouri, Controlling Emissions During Episodes of High Air Pollution
Potential
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve a revision submitted by the State of Missouri
and received by EPA on December 17, 2013, pertaining to Missouri's rule
``Controlling Emissions During Episodes of High Air Pollution
Potential.'' This rule specifies conditions that establish air
pollution alerts and emergency alert levels, and associated procedures
and emission reduction objectives statewide. This action revises the
SIP by amending an existing table in the rule, clarifying requirements
of the rule related to emission reduction plans and other rule
provisions, and makes administrative and format changes all consistent
with Federal regulations.
DATES: This direct final rule will be effective January 5, 2015,
without further notice, unless EPA receives adverse comment by December
4, 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-2014-0602, 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-
2014-0602. 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 by EPA on December 17, 2013, pertaining to
Missouri rule 10 CSR 10-6.130, ``Controlling Emissions During Episodes
of High Air Pollution Potential.'' This rule specifies conditions that
establish air pollution alerts and emergency alert levels, and
associated procedures and emission reduction objectives statewide. This
action revises the SIP by amending an existing table in the rule,
clarifying requirements of the rule related to emission reduction plans
and other rule provisions, and makes administrative and format changes
all consistent with Federal regulations.
Specifically, in subsection (1)(A), the rule is being revised to
clarify the applicability of the rule to all sources and premises
through the entire state with air emissions that contribute to sulfur
dioxide (SO2), carbon monoxide (CO), ozone (O3),
nitrogen dioxide (NO2) or Particulate Matter--10 Micron
(PM10) and 2.5 Micron (PM2.5). This
[[Page 65347]]
clarification is consistent with federal regulations regarding
prevention of air pollution emergency episodes found in 40 CFR part 51,
subpart H.
In addition, specific terms in this rule that were previously
defined in section (2) of this rule have now been removed and placed in
Missouri rule 10 CSR 10-6.020, ``Definitions and Common Reference
Tables.''
In section (3) of the rule, table A is being amended to remove the
specific breakpoint values for each relevant pollutant but retains the
Air Quality Index (AQI) range values and categories for each pollutant.
Because the AQI breakpoint values are updated each time a National
Ambient Air Quality Standard (NAAQS) is revised, removing these values
from the table eliminates unnecessary updates to this table. The AQI
breakpoint values are established when EPA takes final action to revise
a NAAQS and are codified in 50 CFR part 58, appendix G. Therefore there
is no need for the rule to also contain these breakpoint values. This
revision to the rule does not alter any provisions or applicability of
the rule.
The conditions that are listed for alert level categories are being
moved from a narrative outline format into a table format in subsection
(3)(B), table B, to provide more clarity regarding the specific
applicable conditions. The requirement for an air stagnation advisory
to be in effect in order to trigger an alert has been removed from all
alert level categories thus, the conditions that are required to
establish an alert are more easily triggered.
The procedures established for addressing alert level conditions
are being moved from a narrative outline into a table format in
subsection (3)(C), table C, to provide clarity on applicable
procedures. The alert level procedures associated with an orange alert
which are currently listed in the rule have been removed. These orange
alert procedures were inadvertently retained when the state revised
their rule in 2002 to be consistent with revised Federal regulations by
updating the formally called Pollution Standards Index (PSI) to the AQI
standards and procedures as codified in 40 CFR part 58, appendix G. EPA
took action to approve Missouri's SIP revision on March 18, 2003 (68 FR
12829). Establishing orange alert procedures are not a Federal
requirement. This action amends the SIP to correct this error. This
action does not alter the stringency of the rule.
Additional clarity is being added to section (4) of the rule
addressing reporting and recordkeeping requirements. The alert plan
requirements that are outlined in section (3) of the rule are being
moved to a table format, tables D, E, and F. These tables retain the
same objectives as previously contained in the rule, only modified in
format and moved to section (4) of the rule with the exception of one
red alert procedure. The red alert procedure which previously outlined
provisions for the director to request all entertainment functions and
facilities be closed has been removed from the rule. This procedure is
not a requirement of Federal regulations for red alert procedures, and
therefore remains consistent with Federal requirements. This procedure
remains applicable for maroon level procedures.
II. Have the requirements for approval of a SIP revision been met?
EPA is taking direct final action to approve Missouri's request to
amend the SIP. These modifications will not adversely affect air
quality and will not relax the SIP.
The state submittal has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. On June 17, 2013,
Missouri published the proposed revisions to the rules in the Missouri
Register. After considering public comments, the Missouri Air
Conservation Commission (MACC) adopted the rule actions on August 29,
2013. Public comments were printed in the Missouri Register along with
a re-print of the rule on November 1, 2013. The effective date was
December 30, 2013.
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 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
[[Page 65348]]
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 January 5, 2015. 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: October 21, 2014.
Becky Weber,
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 10-6.130 as follows:
Sec. 52.1320 Identification of Plan.
* * * * *
(c) * * *
EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
State
Missouri citation Title effective EPA Approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
10-6.130....................... Controlling 12/30/2013 11/4/14, [Insert
Emissions During Federal Register
Episodes of High citation].
Air Pollution
Potential.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2014-26080 Filed 11-3-14; 8:45 am]
BILLING CODE 6560-50-P
