Approval and Promulgation of Implementation Plans; State of Missouri, Controlling Emissions During Episodes of High Air Pollution Potential, 49913-49917 [2015-20249]
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Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Rules and Regulations
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded from further review under
section 2.B.2 figure 2–1, paragraph 34(g)
of the Commandant Instruction because
it involves the establishment of safety
zones. An environmental analysis
checklist and a categorical exclusion
determination are available in the
docket where indicated under the
ADDRESSES.
List of Subjects in 33 CFR Part 165
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Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
Accordingly, the interim rule
amending 33 CFR part 165 that
published at 79 FR 22398 on April 22,
2014, is adopted as a final rule without
change.
Dated: July 27, 2015.
D.R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
[FR Doc. 2015–20250 Filed 8–17–15; 8:45 am]
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40 CFR Part 52
[EPA–R07–OAR–2014–0602; FRL–9932–39–
Region 7]
Approval and Promulgation of
Implementation Plans; State of
Missouri, Controlling Emissions
During Episodes of High Air Pollution
Potential
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
12. Energy Effects
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ENVIRONMENTAL PROTECTION
AGENCY
Jkt 235001
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the State
Implementation Plan (SIP) submitted by
the State of Missouri and received by
EPA on December 17, 2013, pertaining
to Missouri’s regulation ‘‘Controlling
Emissions During Episodes of High Air
Pollution Potential.’’ This regulation
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 regulation,
clarifying requirements of the regulation
related to emission reduction plans and
other provisions, and makes
administrative and format changes, all
consistent with Federal regulations.
DATES: This final rule is effective on
September 17, 2015.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2014–0602. All
documents in the docket are listed on
the www.regulations.gov Web site.
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, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
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 a.m. to 4:30 p.m.,
excluding Federal 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
SUMMARY:
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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. EPA’s Response to Comments
IV. What action is EPA taking?
I. What is being addressed in this
document?
EPA is taking final action to approve
a revision to the Missouri SIP received
by EPA on December 17, 2013,
pertaining to Missouri regulation 10
CSR 10–6.130, ‘‘Controlling Emissions
During Episodes of High Air Pollution
Potential.’’ This regulation 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 regulation,
clarifying requirements of the regulation
related to emission reduction plans and
other provisions, and makes
administrative and format changes all
consistent with Federal regulations.
EPA proposed approval of this rule on
November 4, 2014 at 79 FR 65362.
Specifically, in subsection (1)(A), the
regulation is being revised to clarify the
applicability of the regulation to all
sources and premises throughout the
entire state with emissions of sulfur
dioxide (SO2), carbon monoxide (CO),
ozone (O3), nitrogen dioxide (NO2) or
Particulate Matter—10 Micron (PM10)
and 2.5 Micron (PM2.5) that contribute to
the air quality levels in the state. This
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
regulation that were previously defined
in section (2) have now been removed
and placed in Missouri regulation 10
CSR 10–6.020, ‘‘Definitions and
Common Reference Tables.’’
In section (3) of the regulation, 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
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table. The AQI breakpoint values are
established when EPA takes final action
to revise a NAAQS. In subparagraph
(3)(A)2., Missouri identifies that these
breakpoint values are codified in 40
CFR part 58, appendix G and therefore
applicable to this state regulation
Missouri’s SIP approved regulation 10
CSR 10–6.010, Ambient Air Quality
Standards, adopts EPA’s most recent air
quality standards and thus associated
AQI breakpoint values. Therefore there
is no need for this regulation being
amended as part of today’s action, to
also contain these breakpoint values.
This revision to the regulation does not
alter any provisions or applicability of
the regulation.
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 regulation
have been removed. These orange alert
procedures were inadvertently retained
when the state revised their regulation
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. Today’s
action amends the SIP to correct this
error. This action does not alter the
stringency of the regulation.
Additional clarity is being added to
section (4) of the regulation addressing
reporting and recordkeeping
requirements. The alert plan
requirements that are outlined in
section (3) of the regulation are being
moved to a table format, tables D, E, and
F. These tables retain the same
objectives as previously contained in
the regulation, only modified in format
and moved to section (4) of the
regulation with the exception of one red
alert procedure. The red alert procedure
which previously outlined provisions
for the director to request all
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entertainment functions and facilities be
closed has been removed from the
regulation. This procedure is not a
requirement of Federal regulations for
red alert procedures, and therefore
remains consistent with Federal
requirements. This does not alter the
stringency of the regulation. This
procedure remains applicable for
maroon level procedures.
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, as
explained above, the revision meets the
substantive SIP requirements of the
Clean Air Act (CAA), including section
110 and implementing regulations.
These modifications will not adversely
affect air quality and will not relax the
SIP.
III. EPA’s Response to Comments
The public comment period on EPA’s
proposed regulation opened November
4, 2014, the date of its publication in the
Federal Register, and closed on
December 4, 2014 (79 FR 65362). During
this period, EPA received two comment
letters. The first letter is in support of
EPA’s action and therefore no response
to the comment is necessary. The
comments included in the second letter
are addressed below.
Comment 1: The commenter
expressed overall agreement with EPA
actions, however requests EPA to
‘‘clarify certain aspects of the emergency
episode program as well as the Air
Quality Index (AQI) values derived from
the significant harm levels (SHLs) for
the PM2.5 NAAQS.’’
Response 1: Because this comment is
not directly related to EPA’s proposed
action on November 4, 2014, no changes
will be made in response to this
comment. In this action, EPA is
evaluating specific revisions to the
existing SIP in Missouri. EPA is not
addressing other Federal regulations
that govern issues such as the AQI or
SHLs for PM2.5. EPA provides the
following background and references as
guidance to address the commenter’s
request to clarify certain aspects of the
emergency episode program.
EPA promulgated regulations for
emergency episodes in 40 CFR part 51,
subpart H (51.150 through 51.153). The
regulations address the following:
• 51.150—how regions are classified
for sulfur oxides (SOX), PM, carbon
monoxide (CO), nitrogen dioxide (NO2),
and ozone;
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• 51.151—the requirement for a
contingency plan for any region
classified as Priority I to prevent air
pollution levels from reaching the
significant harm levels (SHLs)
established therein;
• 51.152—the specific content
requirements for a contingency plan; a
requirement that regions classified as
Priority IA or II have a contingency plan
that addresses a subset of those content
requirements; a provision that regions
‘‘classified Priority III do not need to
develop episode plans;’’ and an
exemption mechanism for the
Administrator; and
• 51.153—how states should review
the classification of regions using the
most recent three years of data; and a
requirement to revise emergency
episode plans if a higher classification
is warranted by the recent air pollution
levels.
EPA has issued several memoranda that
provide guidance on emergency episode
planning to meet the requirements of
section 110(a)(2)(G), including the 2007
Infrastructure SIP Guidance for the 1997
ozone and 1997 fine particulate matter
(PM2.5) NAAQS,1 the 2009 Infrastructure
SIP Guidance for the 2006 PM2.5
NAAQS,2 the 2011 Infrastructure SIP
Guidance for the 2008 lead (Pb)
NAAQS,3 and the 2013 Infrastructure
SIP Guidance for the 2008 ozone, 2010
NO2, 2010 sulfur dioxide (SO2), and all
future NAAQS. The latter represents
EPA’s most recent guidance.4
Comment 2: The commenter also
stated that EPA incorrectly stated in its
November 4, 2014, proposed action that
Missouri’s regulations are ‘‘consistent’’
with Federal regulations that meet the
breakpoint values in subpart H.
1 ‘‘Guidance on SIP Elements Required Under
Sections 110(a)(1) and (2) for the 1997 8-hour
Ozone and PM2.5 National Ambient Air Quality
Standards,’’ William T. Harnett, Director, EPA’s Air
Quality Policy Division, October 2, 2007. https://
www.epa.gov/ttn/oarpg/t1/memoranda/110a_sip_
guid_fin100207.pdf.
2 ‘‘Guidance on SIP Elements Required Under
Sections 110(a)(1) and (2) for the 2006 24-hour Fine
Particle (PM2.5) National Ambient Air Quality
Standards,’’ William T. Harnett, Director, EPA’s Air
Quality Policy Division, September 25, 2009.
https://www.epa.gov/ttn/caaa/t1/memoranda/
20090925_harnett_pm25_sip_110a12.pdf.
3 ‘‘Guidance on SIP Elements Required Under
Sections 110(a)(1) and (2) for the 2008 Lead (Pb)
National Ambient Air Quality Standards,’’ Stephen
D. Page, Director, EPA’s Office of Air Quality
Planning and Standards, October 14, 2011. https://
www.epa.gov/air/lead/pdfs/
20111014infrastructure.pdf.
4 ‘‘Guidance on Infrastructure SIP Elements under
Clean Air Act Sections 110(a)(1) and 110(a)(2),’’
Stephen D. Page, Director, EPA’s Office of Air
Quality Planning and Standards, September 13,
2013. https://www.epa.gov/oar/urbanair/sipstatus/
docs/Guidance_on_Infrastructure_SIP_Elements_
Multipollutant_FINAL_Sept_2013.pdf.
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Response 2: When stating the state’s
action was ‘consistent’ with federal
regulations, EPA was specifically
referring to the Missouri revision in
subsection (1)(A) of the regulation
which was revised to clarify the
applicability of the regulation to all
sources and premises through the entire
state. EPA believes that this specific
revision to subsection (1)(A) of the
regulation is in fact consistent with
subpart H of 40 CFR part 51. This
subsection of Missouri’s regulation does
not relate to the AQI table as the
commenter suggests.
Comment 3: The commenter implied
that Missouri was removing SHLs from
their regulation and was instead relying
on AQI breakpoint values to determine
the levels at which emergency episodes
occur.
Response 3: Missouri’s regulations do
not specifically include SHL values, and
therefore EPA is not taking action to
remove SHLs. In addition, for identified
priority areas in Missouri, the state is
not changing these classifications or
supplanting these priority levels with
the AQI.
Comment 4: The commenter stated
that AQI breakpoint values are not
updated each time the National
Ambient Air Quality Standards
(NAAQS) are revised.
Response 4: The January 15, 2013,
final rule for the PM2.5 standards
updated the AQI breakpoint values for
PM2.5. See 78 FR 3086. This is
consistent with past EPA actions.
Comment 5: The fifth and sixth
paragraphs of the commenter’s letter
expresses concern about EPA’s
historical actions related to the
emergency episode program and that
EPA has not determined a SHL (and
thus AQI breakpoint values) specifically
for PM2.5.
Response 5: Because this comment is
not related to EPA’s proposed action on
November 4, 2014, no changes will be
made to EPA’s action in response to this
comment. Further, because EPA is not
taking action to address or revise any
SHL in Missouri’s regulation, no
changes will be made to EPA’s action in
response to this aspect of the comment.
See response to comment 1 above for
further information on EPA’s historical
actions related to the emergency episode
program. In addition, while the
regulations in 40 CFR part 51, subpart
H do not address PM2.5 specifically and
do not identify a significant harm level
or priority classification levels for PM2.5,
the EPA has recommended to states,
through the September 25, 2009
guidance, which remains in effect, that
states only need to develop contingency
plans for any area that has a monitored
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and recorded 24-hour PM2.5 levels
greater than 140.4 mg/m3 since 2006.
The EPA has evaluated PM2.5 regulatory
monitoring data in Missouri since 2006
and have confirmed that no values
greater than 140.4 mg/m3 have been
recorded. Accordingly, EPA believes
that there are no areas in Missouri for
which a contingency plan is required at
this time. If there were an area for which
such a contingency plan were necessary,
however, EPA’s 2013 infrastructure SIP
guidance states, ‘‘the EPA believes that
the central components of a contingency
plan would be to reduce emissions from
the source(s) at issue (if necessary by
curtailing operations of . . . PM2.5
sources) and public communication as
needed.’’ Thus, the absence of a
significant harm level and classification
levels for PM2.5 are not relevant, if
Missouri were required to develop a
contingency plan for purposes of PM2.5,
which it is not at this time. However,
EPA notes that the state regulation is
applicable to ‘‘all emissions’’ including
PM2.5 and therefore the provisions of the
state regulation apply to PM2.5 as well.
Comment 6: The commenter requests
clarification regarding the
‘‘placeholder’’ AQI levels and SHLs for
PM2.5 remain appropriate for the nation
and for Missouri.
Response 6: EPA has previously
approved Missouri’s emergency episode
plan as meeting the requirements of
CAA section 110(a)(2)(G), See 78 FR
37457. For a detailed rationale on EPA’s
analysis of how Missouri meets these
requirements, see EPA’s proposed
action on April 10, 2013 (78 FR 21281).
In response to the commenter’s
broader concern of the appropriateness
of the AQI levels in relation to SHLs for
PM2.5, EPA directs the commenter to
EPA’s February 2007 issue paper on
revising the AQI and setting a SHLs for
PM2.5 as previously referenced in
comment 1.
Comment 7: The commenter stated
that, ‘‘EPA should not approve state
regulations that are merely ‘consistent
with’ federal regulations when EPA
clearly set out ‘placeholder’ values and
not real values that would protect the
public health and welfare.’’
Response 7: Because this comment is
not related to EPA’s action on November
4, 2014, no changes will be made in
response to this comment. EPA directs
the commenter to EPA’s February 2007
issue paper on revising the AQI and
setting a SHL for PM2.5 as previously
referenced in comment 1.
Comment 8: The commenter
requested that EPA should explain why
it has not revised the SHLs for PM2.5 in
15 years.
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Response 8: Because this comment is
not related to EPA’s action on November
4, 2014, no changes will be made in
response to this comment. EPA directs
the commenter to response number 1
and 5 above for further explanation of
historical actions on EPA’s emergency
episode planning requirements and
guidance.
IV. What action is EPA taking?
Upon review and consideration of
comments received, EPA is taking final
action to revise the Missouri SIP
pertaining to Missouri regulation 10
CSR 10–6.130, ‘‘Controlling Emissions
During Episodes of High Air Pollution
Potential.’’ Based upon review of the
state’s SIP revision and relevant
requirements of the CAA, EPA believes
that this revision meets applicable
requirements and does not adversely
impact air quality in Missouri.
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 the Missouri Code of
State Regulations described in the
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 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
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) 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.);
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• 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 Clean Air Act;
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).
The SIP is 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, the rule does not have tribal
implications and will not impose
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by October 19, 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. This action may not
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 4, 2015.
Mark Hague,
Acting Regional Administrator, Region 7.
For the reasons stated in the
preamble, EPA 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:
■
§ 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.
*
*
*
*
*
*
*
*
*
*
12/30/13 8/18/15, [Insert Federal Register
citation].
*
*
*
*
*
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Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Rules and Regulations
Effective August 17, 2015,
through April 30, 2016.
DEPARTMENT OF COMMERCE
DATES:
National Oceanic and Atmospheric
Administration
FOR FURTHER INFORMATION CONTACT:
50 CFR Part 648
[Docket No. 150623545–5545–01]
RIN 0648–XE015
Revisions to Framework Adjustment
53 to the Northeast Multispecies
Fishery Management Plan and Sector
Annual Catch Entitlements; Updated
Annual Catch Limits for Sectors and
the Common Pool for Fishing Year
2015
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary final rule;
adjustment to specifications.
AGENCY:
Based on the final Northeast
multispecies sector rosters submitted as
of May 1, 2015, we are adjusting the
fishing year 2015 specification of annual
catch limits for commercial groundfish
vessels, as well as sector annual catch
entitlements and common pool
allocations for groundfish stocks. This
revision to fishing year 2015 catch
levels is necessary to account for
changes in the number of participants
electing to fish in either sectors or the
common pool fishery. This action
details unused sector quotas that may be
carried over from fishing year 2014 to
fishing year 2015. This action also
reduces the fishing year 2015 common
pool allocation of Eastern Georges Bank
cod and adjusts common pool
incidental catch limits to account for a
common pool fishing year 2014 overage.
rmajette on DSK7SPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
17:13 Aug 17, 2015
Jkt 235001
William Whitmore, Fishery Policy
Analyst, (978) 281–9128.
SUPPLEMENTARY INFORMATION: The New
England Fishery Management Council
(Council) developed Amendment 16 to
the Northeast (NE) Multispecies Fishery
Management Plan (FMP), in part, to
establish a process for setting
groundfish annual catch limits (also
referred to as ACLs or catch limits) and
accountability measures. Framework
Adjustment (Framework) 53 set annual
catch limits for groundfish stocks and
three jointly managed U.S./Canada
stocks for fishing year 2015. We recently
approved Framework 53, which became
effective on May 1, 2015 (80 FR 25110).
We also recently approved fishing
year 2015 sector operations plans and
allocations (80 FR 25143; May 2, 2015;
‘‘sector final rule’’). A sector receives an
allocation of each stock, or annual catch
entitlement (referred to as ACE, or
allocation), based on its members’ catch
histories. State-operated permit banks
also receive an allocation that can be
transferred to qualifying sector vessels.
The sum of all sector and state-operated
permit bank allocations is referred to as
the sector sub-ACL. Whatever
groundfish allocations remain after
sectors and state-operated permit banks
receive their allocations are then
allocated to the common pool (i.e.,
vessels not enrolled in a sector).
This rule adjusts the fishing year 2015
sector and common pool allocations
based on final sector membership as of
May 1, 2015. Since the final rules are
not effective until the beginning of the
fishing year (May 1), permits enrolled in
a sector and the vessels associated with
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
49917
those permits have until April 30, the
last day prior to the beginning of a new
fishing year, to withdraw from a sector
and fish in the common pool. As a
result, the actual sector enrollment for
the new fishing year is unknown when
the specifications (in this case,
Framework 53) and sector final rules
publish. To address this issue, each year
we publish an adjustment rule
modifying sector and common pool
allocations based on final sector
enrollment. If the sector allocation
increases as a result of sector
membership changes, the common pool
allocation decreases—the opposite is
true as well. The Framework 53 and the
fishing year 2015 sector proposed and
final rules both explained that sector
enrollments may change and that there
would be a need to adjust the sub-ACLs
and ACEs accordingly.
Adjustments to sector ACEs and the
sub-ACLs for sectors and the common
pool are typically minimal as
historically there has been little change
in sector enrollment. Tables 1, 2, and 3
explain the revised fishing year 2015.
Table 4 compares the allocation changes
between the sector final rule and this
adjustment rule. Vessels currently
enrolled in sectors have accounted for
approximately 99 percent of the
historical groundfish landings. This
year’s sector final rule specified sector
ACEs based on the 842 permits enrolled
in sectors on February 25, 2015. As of
May 1, 2015, there are 838 NE
multispecies permits enrolled in sectors,
which means four permits elected to
leave sectors and operate in common
pool for fishing year 2015.
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18AUR1
Agencies
[Federal Register Volume 80, Number 159 (Tuesday, August 18, 2015)]
[Rules and Regulations]
[Pages 49913-49917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20249]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2014-0602; FRL-9932-39-Region 7]
Approval and Promulgation of Implementation Plans; State of
Missouri, Controlling Emissions During Episodes of High Air Pollution
Potential
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the State Implementation Plan (SIP)
submitted by the State of Missouri and received by EPA on December 17,
2013, pertaining to Missouri's regulation ``Controlling Emissions
During Episodes of High Air Pollution Potential.'' This regulation
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 regulation, clarifying requirements of the
regulation related to emission reduction plans and other provisions,
and makes administrative and format changes, all consistent with
Federal regulations.
DATES: This final rule is effective on September 17, 2015.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2014-0602. All documents in the docket are listed on
the www.regulations.gov Web site. 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, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through
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 a.m. to 4:30 p.m., excluding Federal
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. EPA's Response to Comments
IV. What action is EPA taking?
I. What is being addressed in this document?
EPA is taking final action to approve a revision to the Missouri
SIP received by EPA on December 17, 2013, pertaining to Missouri
regulation 10 CSR 10-6.130, ``Controlling Emissions During Episodes of
High Air Pollution Potential.'' This regulation 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 regulation,
clarifying requirements of the regulation related to emission reduction
plans and other provisions, and makes administrative and format changes
all consistent with Federal regulations. EPA proposed approval of this
rule on November 4, 2014 at 79 FR 65362.
Specifically, in subsection (1)(A), the regulation is being revised
to clarify the applicability of the regulation to all sources and
premises throughout the entire state with emissions of sulfur dioxide
(SO2), carbon monoxide (CO), ozone (O3), nitrogen
dioxide (NO2) or Particulate Matter--10 Micron
(PM10) and 2.5 Micron (PM2.5) that contribute to
the air quality levels in the state. This 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 regulation that were previously
defined in section (2) have now been removed and placed in Missouri
regulation 10 CSR 10-6.020, ``Definitions and Common Reference
Tables.''
In section (3) of the regulation, 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
[[Page 49914]]
table. The AQI breakpoint values are established when EPA takes final
action to revise a NAAQS. In subparagraph (3)(A)2., Missouri identifies
that these breakpoint values are codified in 40 CFR part 58, appendix G
and therefore applicable to this state regulation Missouri's SIP
approved regulation 10 CSR 10-6.010, Ambient Air Quality Standards,
adopts EPA's most recent air quality standards and thus associated AQI
breakpoint values. Therefore there is no need for this regulation being
amended as part of today's action, to also contain these breakpoint
values. This revision to the regulation does not alter any provisions
or applicability of the regulation.
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 regulation have been removed. These
orange alert procedures were inadvertently retained when the state
revised their regulation 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. Today's action amends the SIP to correct
this error. This action does not alter the stringency of the
regulation.
Additional clarity is being added to section (4) of the regulation
addressing reporting and recordkeeping requirements. The alert plan
requirements that are outlined in section (3) of the regulation are
being moved to a table format, tables D, E, and F. These tables retain
the same objectives as previously contained in the regulation, only
modified in format and moved to section (4) of the regulation 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 regulation. This procedure is not a requirement of Federal
regulations for red alert procedures, and therefore remains consistent
with Federal requirements. This does not alter the stringency of the
regulation. This procedure remains applicable for maroon level
procedures.
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, as explained above, the revision meets the substantive SIP
requirements of the Clean Air Act (CAA), including section 110 and
implementing regulations. These modifications will not adversely affect
air quality and will not relax the SIP.
III. EPA's Response to Comments
The public comment period on EPA's proposed regulation opened
November 4, 2014, the date of its publication in the Federal Register,
and closed on December 4, 2014 (79 FR 65362). During this period, EPA
received two comment letters. The first letter is in support of EPA's
action and therefore no response to the comment is necessary. The
comments included in the second letter are addressed below.
Comment 1: The commenter expressed overall agreement with EPA
actions, however requests EPA to ``clarify certain aspects of the
emergency episode program as well as the Air Quality Index (AQI) values
derived from the significant harm levels (SHLs) for the
PM2.5 NAAQS.''
Response 1: Because this comment is not directly related to EPA's
proposed action on November 4, 2014, no changes will be made in
response to this comment. In this action, EPA is evaluating specific
revisions to the existing SIP in Missouri. EPA is not addressing other
Federal regulations that govern issues such as the AQI or SHLs for
PM2.5. EPA provides the following background and references
as guidance to address the commenter's request to clarify certain
aspects of the emergency episode program.
EPA promulgated regulations for emergency episodes in 40 CFR part
51, subpart H (51.150 through 51.153). The regulations address the
following:
51.150--how regions are classified for sulfur oxides
(SOX), PM, carbon monoxide (CO), nitrogen dioxide
(NO2), and ozone;
51.151--the requirement for a contingency plan for any
region classified as Priority I to prevent air pollution levels from
reaching the significant harm levels (SHLs) established therein;
51.152--the specific content requirements for a
contingency plan; a requirement that regions classified as Priority IA
or II have a contingency plan that addresses a subset of those content
requirements; a provision that regions ``classified Priority III do not
need to develop episode plans;'' and an exemption mechanism for the
Administrator; and
51.153--how states should review the classification of
regions using the most recent three years of data; and a requirement to
revise emergency episode plans if a higher classification is warranted
by the recent air pollution levels.
EPA has issued several memoranda that provide guidance on emergency
episode planning to meet the requirements of section 110(a)(2)(G),
including the 2007 Infrastructure SIP Guidance for the 1997 ozone and
1997 fine particulate matter (PM2.5) NAAQS,\1\ the 2009
Infrastructure SIP Guidance for the 2006 PM2.5 NAAQS,\2\ the
2011 Infrastructure SIP Guidance for the 2008 lead (Pb) NAAQS,\3\ and
the 2013 Infrastructure SIP Guidance for the 2008 ozone, 2010
NO2, 2010 sulfur dioxide (SO2), and all future
NAAQS. The latter represents EPA's most recent guidance.\4\
---------------------------------------------------------------------------
\1\ ``Guidance on SIP Elements Required Under Sections 110(a)(1)
and (2) for the 1997 8-hour Ozone and PM2.5 National
Ambient Air Quality Standards,'' William T. Harnett, Director, EPA's
Air Quality Policy Division, October 2, 2007. https://www.epa.gov/ttn/oarpg/t1/memoranda/110a_sip_guid_fin100207.pdf.
\2\ ``Guidance on SIP Elements Required Under Sections 110(a)(1)
and (2) for the 2006 24-hour Fine Particle (PM2.5)
National Ambient Air Quality Standards,'' William T. Harnett,
Director, EPA's Air Quality Policy Division, September 25, 2009.
https://www.epa.gov/ttn/caaa/t1/memoranda/20090925_harnett_pm25_sip_110a12.pdf.
\3\ ``Guidance on SIP Elements Required Under Sections 110(a)(1)
and (2) for the 2008 Lead (Pb) National Ambient Air Quality
Standards,'' Stephen D. Page, Director, EPA's Office of Air Quality
Planning and Standards, October 14, 2011. https://www.epa.gov/air/lead/pdfs/20111014infrastructure.pdf.
\4\ ``Guidance on Infrastructure SIP Elements under Clean Air
Act Sections 110(a)(1) and 110(a)(2),'' Stephen D. Page, Director,
EPA's Office of Air Quality Planning and Standards, September 13,
2013. https://www.epa.gov/oar/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf.
---------------------------------------------------------------------------
Comment 2: The commenter also stated that EPA incorrectly stated in
its November 4, 2014, proposed action that Missouri's regulations are
``consistent'' with Federal regulations that meet the breakpoint values
in subpart H.
[[Page 49915]]
Response 2: When stating the state's action was `consistent' with
federal regulations, EPA was specifically referring to the Missouri
revision in subsection (1)(A) of the regulation which was revised to
clarify the applicability of the regulation to all sources and premises
through the entire state. EPA believes that this specific revision to
subsection (1)(A) of the regulation is in fact consistent with subpart
H of 40 CFR part 51. This subsection of Missouri's regulation does not
relate to the AQI table as the commenter suggests.
Comment 3: The commenter implied that Missouri was removing SHLs
from their regulation and was instead relying on AQI breakpoint values
to determine the levels at which emergency episodes occur.
Response 3: Missouri's regulations do not specifically include SHL
values, and therefore EPA is not taking action to remove SHLs. In
addition, for identified priority areas in Missouri, the state is not
changing these classifications or supplanting these priority levels
with the AQI.
Comment 4: The commenter stated that AQI breakpoint values are not
updated each time the National Ambient Air Quality Standards (NAAQS)
are revised.
Response 4: The January 15, 2013, final rule for the
PM2.5 standards updated the AQI breakpoint values for
PM2.5. See 78 FR 3086. This is consistent with past EPA
actions.
Comment 5: The fifth and sixth paragraphs of the commenter's letter
expresses concern about EPA's historical actions related to the
emergency episode program and that EPA has not determined a SHL (and
thus AQI breakpoint values) specifically for PM2.5.
Response 5: Because this comment is not related to EPA's proposed
action on November 4, 2014, no changes will be made to EPA's action in
response to this comment. Further, because EPA is not taking action to
address or revise any SHL in Missouri's regulation, no changes will be
made to EPA's action in response to this aspect of the comment. See
response to comment 1 above for further information on EPA's historical
actions related to the emergency episode program. In addition, while
the regulations in 40 CFR part 51, subpart H do not address
PM2.5 specifically and do not identify a significant harm
level or priority classification levels for PM2.5, the EPA
has recommended to states, through the September 25, 2009 guidance,
which remains in effect, that states only need to develop contingency
plans for any area that has a monitored and recorded 24-hour
PM2.5 levels greater than 140.4 [micro]g/m\3\ since 2006.
The EPA has evaluated PM2.5 regulatory monitoring data in
Missouri since 2006 and have confirmed that no values greater than
140.4 [micro]g/m\3\ have been recorded. Accordingly, EPA believes that
there are no areas in Missouri for which a contingency plan is required
at this time. If there were an area for which such a contingency plan
were necessary, however, EPA's 2013 infrastructure SIP guidance states,
``the EPA believes that the central components of a contingency plan
would be to reduce emissions from the source(s) at issue (if necessary
by curtailing operations of . . . PM2.5 sources) and public
communication as needed.'' Thus, the absence of a significant harm
level and classification levels for PM2.5 are not relevant,
if Missouri were required to develop a contingency plan for purposes of
PM2.5, which it is not at this time. However, EPA notes that
the state regulation is applicable to ``all emissions'' including
PM2.5 and therefore the provisions of the state regulation
apply to PM2.5 as well.
Comment 6: The commenter requests clarification regarding the
``placeholder'' AQI levels and SHLs for PM2.5 remain
appropriate for the nation and for Missouri.
Response 6: EPA has previously approved Missouri's emergency
episode plan as meeting the requirements of CAA section 110(a)(2)(G),
See 78 FR 37457. For a detailed rationale on EPA's analysis of how
Missouri meets these requirements, see EPA's proposed action on April
10, 2013 (78 FR 21281).
In response to the commenter's broader concern of the
appropriateness of the AQI levels in relation to SHLs for
PM2.5, EPA directs the commenter to EPA's February 2007
issue paper on revising the AQI and setting a SHLs for PM2.5
as previously referenced in comment 1.
Comment 7: The commenter stated that, ``EPA should not approve
state regulations that are merely `consistent with' federal regulations
when EPA clearly set out `placeholder' values and not real values that
would protect the public health and welfare.''
Response 7: Because this comment is not related to EPA's action on
November 4, 2014, no changes will be made in response to this comment.
EPA directs the commenter to EPA's February 2007 issue paper on
revising the AQI and setting a SHL for PM2.5 as previously
referenced in comment 1.
Comment 8: The commenter requested that EPA should explain why it
has not revised the SHLs for PM2.5 in 15 years.
Response 8: Because this comment is not related to EPA's action on
November 4, 2014, no changes will be made in response to this comment.
EPA directs the commenter to response number 1 and 5 above for further
explanation of historical actions on EPA's emergency episode planning
requirements and guidance.
IV. What action is EPA taking?
Upon review and consideration of comments received, EPA is taking
final action to revise the Missouri SIP pertaining to Missouri
regulation 10 CSR 10-6.130, ``Controlling Emissions During Episodes of
High Air Pollution Potential.'' Based upon review of the state's SIP
revision and relevant requirements of the CAA, EPA believes that this
revision meets applicable requirements and does not adversely impact
air quality in Missouri.
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 the Missouri
Code of State Regulations described in the 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 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 subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) 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.);
[[Page 49916]]
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 Clean Air Act; 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).
The SIP is 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, the rule 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).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 19, 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. 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 4, 2015.
Mark Hague,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA 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 12/30/13 8/18/15, [Insert ............................
Emissions During Federal Register
Episodes of High citation].
Air Pollution
Potential.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2015-20249 Filed 8-17-15; 8:45 am]
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