Approval and Promulgation of Air Quality Implementation Plans, State Plans for Designated Facilities and Pollutants, and Operating Permits Program; State of Missouri, 11577-11580 [2015-04400]
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EPA-APPROVED REGULATIONS IN THE ARKANSAS SIP—Continued
State citation
State
submittal/
effective
date
Title/subject
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EPA approval date
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Explanation
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(e) * * *
EPA-APPROVED NON-REGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE ARKANSAS SIP
Name of SIP
provision
Applicable geographic or nonattainment
area
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Infrastructure for
the 1997 and
2006 PM2.5
NAAQS.
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3. Section 52.172 is amended by
revising paragraphs (c) and (d) to read
as follows:
4. Section 52.181 is amended by
adding paragraph (a)(5) to read as
follows:
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Significant deterioration of air
(a) * * *
(5) December 1, 2014—submittal of
Regulation 19, Chapter 9, Prevention of
Significant Deterioration which
provided the authority to regulate and
permit emissions of PM2.5 and its
precursors.
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Approval and Promulgation of Air
Quality Implementation Plans, State
Plans for Designated Facilities and
Pollutants, and Operating Permits
Program; State of Missouri
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the State
Implementation Plan (SIP) and the
operating permits program for the State
of Missouri which were received on
November 6, 2013, November 20, 2014,
March 27, 2014, July 7, 2014, and July
14, 2014. The revisions submitted by the
state include amendments to rules
relating to reference methods,
definitions and common reference
tables, ambient air quality standards,
and a rule rescission related to air
quality control measures for sources
clustered in small land areas. Many of
the revisions are administrative in
nature and either incorporate by
reference or update state rules to match
SUMMARY:
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Approval for CAA elements 110(a)(2)
(A), (B), (E), (F), (G), (H), (K), (L),
and (M) on 8/20/2012 (77 FR 50033).
Approval for PSD elements (C), (D)(i)
(II) (interfere with measures in any
other state to prevent significant deterioration of air quality) and (J) on May
4, 2015 [Insert Federal Register citation]
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[EPA–R07–OAR–2015–0006; FRL9923–68–
Region 7]
Approval status.
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3/4/2015 [Insert Federal
Register citation].
40 CFR Parts 52, 62, and 70
(b) * * *
(c) 1997 PM2.5 NAAQS: The SIP
submitted March 28, 2008 is
disapproved for CAA element
110(a)(2)(D)(ii).
(d) 2006 PM2.5 NAAQS: The SIPs
submitted March 28, 2008 and
September 16, 2009 are disapproved for
CAA element 110(a)(2)(D)(ii).
§ 52.181
quality.
3/28/2008
9/16/2009
9/13/2014
Explanation
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ENVIRONMENTAL PROTECTION
AGENCY
■
§ 52.172
EPA approval date
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Statewide ...............................................
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State
submittal/
effective
date
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Federal regulations. Some are more
substantive, but are non-controversial.
In addition, they provide more clarity
for the regulated public. This direct
final action will amend the SIP to
include revised regulations which will
then be more consistent with Federal
regulations. These revisions do not have
an adverse effect on air quality. EPA’s
approval of these rule revisions is being
done in accordance with the
requirements of the Clean Air Act
(CAA).
DATES: This direct final rule will be
effective May 4, 2015, without further
notice, unless EPA receives adverse
comment April 3, 2015. 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–2015–0006, 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.
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Instructions: Direct your comments to
Docket ID No. EPA–R07–OAR–2015–
0006. 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
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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
amend Missouri’s SIP, 111(d) plan, and
operating permits program by approving
the state’s requests to amend the
following rules:
1. 10 CSR 10–6.040, Reference
Methods, received November 6, 2013.
2. 10 CSR 10–6.040, Reference
Methods, received November 20, 2014.
3. 10 CSR 10–6.020, Definitions and
Common Reference Tables, received
March 27, 2014.
4. 10 CSR 10–5.240, Additional Air
Quality Control Measures May be
Required When Sources are Clustered in
a Small Land Area, received July 7,
2014.
5. 10 CSR 10–6.010, Air Quality
Standards, received July 14, 2014.
The revisions submitted by the state
include revisions to update standards
and reference methods, to clarify, add or
amend definitions and reference tables,
to rescind an outdated rule, and to
update and clarify ambient air quality
standards. For more information on the
state’s submissions, specific revisions to
each rule and EPA’s review of the
revisions, see the Technical Support
Document (TSD) that is a part of this
docket.
II. Have the requirements for approval
of a SIP, part 62, and part 70 revisions
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, as
explained above and in more detail in
the TSD which is part of this docket, the
revision meets the substantive SIP
requirements of the CAA, including
section 110 and implementing
regulations. The substantive
requirements of 40 CFR part 62 and
Title V of the 1990 CAA Amendments
and 40 CFR part 70 have been met as
well.
III. What action is EPA taking?
EPA is taking direct final action to
approve this rule without a prior
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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 the SIP,
111(d), and operating permits revisions,
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
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of Missouri rules 10–5.240,
10–6.010, 10–6.020, and 10–6.040
described in the direct final
amendments to 40 CFR part 52 set forth
below. EPA has made, and will continue
to make, these documents generally
available electronically through
www.regulations.gov and/or in hard
copy at the appropriate EPA office (see
the ADDRESSES section of this preamble
for more information).
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review under
Executive Orders 12866 and 13563 (76
FR 3821, January 21, 2011). This action
is also not subject to Executive Order
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely approves
state law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule approves pre-existing requirements
under state law and does not impose
any additional enforceable duty beyond
that required by state law, it does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
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Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4).
In addition, these direct final actions
are not approved to apply on any Indian
reservation land or in any other area
where EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, this action does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
This action also does not have
Federalism implications because it does
not have substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). Thus Executive Order
13132 does not apply to this action.
This action merely approves a state rule
implementing a Federal standard, and
does not alter the relationship or the
distribution of power and
responsibilities established in the CAA.
This rule also is not subject to Executive
Order 13045, ‘‘Protection of Children
from Environmental Health Risks and
Safety Risks’’ (62 FR 19885, April 23,
1997) because it approves a state rule
implementing a Federal standard.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the CAA. In this context, in the absence
of a prior existing requirement for the
State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a state submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a state
submission, to use VCS in place of a
state submission that otherwise satisfies
the provisions of the CAA. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This action does
not impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). Burden is defined
at 5 CFR 1320.3(b).
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 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.
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 May 4, 2015. Filing a petition
for reconsideration by the Administrator
of this final rule does not affect the
finality of this rule 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 final rulemaking. This
action may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2)).
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
40 CFR Part 62
Environmental protection, Air
pollution control, Administrative
practice and procedure,
Intergovernmental relations, Reporting
and recordkeeping requirements.
40 CFR Part 70
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Operating permits, Reporting
and recordkeeping requirements.
Dated: February 13, 2015.
Karl Brooks,
Regional Administrator, Region 7.
For the reasons stated in the
preamble, the Environmental Protection
Agency amends 40 CFR part 52 as set
forth below: 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 AA—Missouri
List of Subjects
2. In § 52.1320 the table in paragraph
(c) is amended by:
■ a. Removing under Chapter 5, the
entry ‘‘10–5.240’’; and
■ b. Revising under Chapter 6, the
entries for ‘‘10–6.010’’, ‘‘10–6.020’’, and
‘‘10–6.040’’.
The revisions read as follows:
40 CFR Part 52
§ 52.1320
Environmental protection, Air
pollution control, Carbon monoxide,
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Identification of Plan.
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(c) * * *
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EPA-APPROVED MISSOURI REGULATIONS
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State effective
date
Title
EPA approval date
Explanation
Missouri Department of Natural Resources
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EPA-APPROVED MISSOURI REGULATIONS—Continued
Missouri citation
State effective
date
Title
*
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EPA approval date
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Explanation
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Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of
Missouri
10 CSR 10–6.010 .........
Ambient Air Quality
Standards.
7/30/14
10 CSR 10–6.020 .........
Definitions and Common Reference Tables.
3/30/14
3/4/15 and [Insert Federal Register citation].
3/4/15 and [Insert Federal Register citation].
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10 CSR 10–6.040 .........
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Reference Methods ......
11/30/14
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3/4/15 and [Insert Federal Register citation].
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PART 62—APPROVAL AND
PROMULGATION OF STATE PLANS
FOR DESIGNATED FACILITIES AND
POLLUTANTS
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Missouri
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Subpart AA—Missouri
(cc) The Missouri Department of Natural
Resources submitted revisions to Missouri
rule 10 CSR 10–6.020, ‘‘Definitions and
Common Reference Tables’’ on March 27,
2014. The state effective date is March 30,
2014. This revision is effective May 4, 2015.
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3. The authority citation for part 62
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
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4. Section 62.6350 is amended by
adding paragraph (b)(6) to read as
follows:
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(b) * * *
(6) A revision to Missouri’s 111(d)
plan to incorporate state regulation 10
CSR 10–6.020 Definitions and Common
Reference Tables was state effective
March 30, 2014. The effective date of
the amended plan is May 4, 2015.
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PART 70—STATE OPERATING PERMIT
PROGRAMS
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ENVIRONMENTAL PROTECTION
AGENCY
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5. The authority citation for part 70
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
6. Appendix A to part 70 is amended
by adding paragraph (cc) under
Missouri to read as follows:
■
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Identification of plan.
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§ 62.6350
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40 CFR Parts 52 and 81
[EPA–R03–OAR–2014–0147; FRL–9923–78–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Redesignation Request
and Associated Maintenance Plan for
the Reading, Pennsylvania
Nonattainment Area for the 1997
Annual Fine Particulate Matter
Standard, and 2007 Base Year
Inventory
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the
Commonwealth of Pennsylvania’s
SUMMARY:
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Many of the definitions pertain to Title V, 111(d)
and asbestos programs and are approved in
the SIP because they provide overall consistency in the use of terms in the air program.
Similarly, the EPA has also approved this rule
as part of the Title V program, and 111(d)
even though many of the definitions pertain
only to the SIP.
*
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Appendix A to Part 70—Approval
Status of State and Local Operating
Permits Programs
*
Hydrogen Sulfide and Sulfuric Acid state standards are not SIP approved.
*
request to redesignate to attainment the
Reading, Pennsylvania Nonattainment
Area (Reading Area or Area) for the
1997 annual fine particulate matter
(PM2.5) national ambient air quality
standard (NAAQS). EPA has determined
that the Reading Area attained the
standard and that it continues to attain
the standard. In addition, EPA is
approving, as a revision to the
Pennsylvania State Implementation Plan
(SIP), the Reading Area maintenance
plan to show maintenance of the 1997
annual PM2.5 NAAQS through 2025 for
the Area. The maintenance plan
includes the 2017 and 2025 PM2.5 and
nitrogen oxides (NOX) mobile vehicle
emissions budgets (MVEBs) for the
Reading Area for the 1997 annual PM2.5
NAAQS, which EPA is approving and
finding adequate for transportation
conformity purposes. EPA is also
approving the comprehensive emissions
inventory for the 1997 annual PM2.5
NAAQS for the Reading Area. These
actions are being taken under the Clean
Air Act (CAA).
DATES: This final rule is effective on
March 4, 2015.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2014–0147. All
documents in the docket are listed in
the www.regulations.gov Web site.
Although listed in the electronic docket,
some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
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[Federal Register Volume 80, Number 42 (Wednesday, March 4, 2015)]
[Rules and Regulations]
[Pages 11577-11580]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-04400]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52, 62, and 70
[EPA-R07-OAR-2015-0006; FRL9923-68-Region 7]
Approval and Promulgation of Air Quality Implementation Plans,
State Plans for Designated Facilities and Pollutants, and Operating
Permits Program; State of Missouri
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the State Implementation Plan
(SIP) and the operating permits program for the State of Missouri which
were received on November 6, 2013, November 20, 2014, March 27, 2014,
July 7, 2014, and July 14, 2014. The revisions submitted by the state
include amendments to rules relating to reference methods, definitions
and common reference tables, ambient air quality standards, and a rule
rescission related to air quality control measures for sources
clustered in small land areas. Many of the revisions are administrative
in nature and either incorporate by reference or update state rules to
match Federal regulations. Some are more substantive, but are non-
controversial. In addition, they provide more clarity for the regulated
public. This direct final action will amend the SIP to include revised
regulations which will then be more consistent with Federal
regulations. These revisions do not have an adverse effect on air
quality. EPA's approval of these rule revisions is being done in
accordance with the requirements of the Clean Air Act (CAA).
DATES: This direct final rule will be effective May 4, 2015, without
further notice, unless EPA receives adverse comment April 3, 2015. 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-2015-0006, 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.
[[Page 11578]]
Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2015-0006. 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 amend Missouri's SIP, 111(d)
plan, and operating permits program by approving the state's requests
to amend the following rules:
1. 10 CSR 10-6.040, Reference Methods, received November 6, 2013.
2. 10 CSR 10-6.040, Reference Methods, received November 20, 2014.
3. 10 CSR 10-6.020, Definitions and Common Reference Tables,
received March 27, 2014.
4. 10 CSR 10-5.240, Additional Air Quality Control Measures May be
Required When Sources are Clustered in a Small Land Area, received July
7, 2014.
5. 10 CSR 10-6.010, Air Quality Standards, received July 14, 2014.
The revisions submitted by the state include revisions to update
standards and reference methods, to clarify, add or amend definitions
and reference tables, to rescind an outdated rule, and to update and
clarify ambient air quality standards. For more information on the
state's submissions, specific revisions to each rule and EPA's review
of the revisions, see the Technical Support Document (TSD) that is a
part of this docket.
II. Have the requirements for approval of a SIP, part 62, and part 70
revisions 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, as explained above and in more detail in the TSD which is
part of this docket, the revision meets the substantive SIP
requirements of the CAA, including section 110 and implementing
regulations. The substantive requirements of 40 CFR part 62 and Title V
of the 1990 CAA Amendments and 40 CFR part 70 have been met as well.
III. What action is EPA taking?
EPA is taking direct final action to approve 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 the SIP,
111(d), and operating permits revisions, 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
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Missouri
rules 10-5.240, 10-6.010, 10-6.020, and 10-6.040 described in the
direct final amendments to 40 CFR part 52 set forth below. EPA has
made, and will continue to make, these documents generally available
electronically through www.regulations.gov and/or in hard copy at the
appropriate EPA office (see the ADDRESSES section of this preamble for
more information).
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review under Executive Orders 12866 and 13563 (76 FR 3821,
January 21, 2011). This action is also not subject to Executive Order
13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
action merely approves state law as meeting Federal requirements and
imposes no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the
[[Page 11579]]
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
In addition, these direct final actions are not approved to apply
on any Indian reservation land or in any other area where EPA or an
Indian tribe has demonstrated that a tribe has jurisdiction. In those
areas of Indian country, this action does not have tribal implications
and will not impose substantial direct costs on tribal governments or
preempt tribal law as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000).
This action also does not have Federalism implications because it
does not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). Thus Executive Order 13132 does not apply to this action.
This action merely approves a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the CAA. This rule also is
not subject to Executive Order 13045, ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997) because it approves a state rule implementing a Federal standard.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a state submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a state
submission, to use VCS in place of a state submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This action does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Burden is defined at 5
CFR 1320.3(b).
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 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.
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 May 4, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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 final rulemaking.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2)).
List of Subjects
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.
40 CFR Part 62
Environmental protection, Air pollution control, Administrative
practice and procedure, Intergovernmental relations, Reporting and
recordkeeping requirements.
40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
Reporting and recordkeeping requirements.
Dated: February 13, 2015.
Karl Brooks,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 52 as set forth below: Chapter I,
title 40 of the Code of Federal Regulations is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart AA--Missouri
0
2. In Sec. 52.1320 the table in paragraph (c) is amended by:
0
a. Removing under Chapter 5, the entry ``10-5.240''; and
0
b. Revising under Chapter 6, the entries for ``10-6.010'', ``10-
6.020'', and ``10-6.040''.
The revisions read as follows:
Sec. 52.1320 Identification of Plan.
* * * * *
(c) * * *
EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
State
Missouri citation Title effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------
[[Page 11580]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------
10 CSR 10-6.010.................. Ambient Air Quality 7/30/14 3/4/15 and [Insert Hydrogen Sulfide
Standards. Federal Register and Sulfuric Acid
citation]. state standards
are not SIP
approved.
10 CSR 10-6.020.................. Definitions and 3/30/14 3/4/15 and [Insert Many of the
Common Reference Federal Register definitions
Tables. citation]. pertain to Title
V, 111(d) and
asbestos programs
and are approved
in the SIP because
they provide
overall
consistency in the
use of terms in
the air program.
Similarly, the EPA
has also approved
this rule as part
of the Title V
program, and
111(d) even though
many of the
definitions
pertain only to
the SIP.
* * * * * * *
10 CSR 10-6.040.................. Reference Methods.. 11/30/14 3/4/15 and [Insert ...................
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS
0
3. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart AA--Missouri
* * * * *
0
4. Section 62.6350 is amended by adding paragraph (b)(6) to read as
follows:
Sec. 62.6350 Identification of plan.
* * * * *
(b) * * *
(6) A revision to Missouri's 111(d) plan to incorporate state
regulation 10 CSR 10-6.020 Definitions and Common Reference Tables was
state effective March 30, 2014. The effective date of the amended plan
is May 4, 2015.
* * * * *
PART 70--STATE OPERATING PERMIT PROGRAMS
0
5. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
6. Appendix A to part 70 is amended by adding paragraph (cc) under
Missouri to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Missouri
* * * * *
(cc) The Missouri Department of Natural Resources submitted
revisions to Missouri rule 10 CSR 10-6.020, ``Definitions and Common
Reference Tables'' on March 27, 2014. The state effective date is
March 30, 2014. This revision is effective May 4, 2015.
* * * * *
[FR Doc. 2015-04400 Filed 3-3-15; 8:45 am]
BILLING CODE 6560-50-P