Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Missouri; Control of Mercury Emissions From Electric Generating Units, 57732-57734 [2015-24339]
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Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations
EPA-APPROVED MISSISSIPPI REGULATIONS
State citation
State effective
date
Title/Subject
EPA Approval date
Explanation
APC–S–1 Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants
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Section 2 ...........................
Definitions ...................................................................
2/9/2009
Section 3 ...........................
Specific Criteria for Sources of Particulate Matter .....
2/9/2009
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[FR Doc. 2015–24324 Filed 9–24–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R07–OAR–2015–0427; FRL–9934–68–
Region 7]
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants; Missouri; Control of
Mercury Emissions From Electric
Generating Units
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
mstockstill on DSK4VPTVN1PROD with RULES
AGENCY:
SUMMARY: The Environmental Protection
Agency (EPA) is taking direct final
action to approve a revision to the
Missouri State Plan received May 7,
2013. This revision rescinds the state
rule and associated state plan
controlling mercury emissions from
electric generating units. This rule is
being rescinded because the Federal
Clean Air Mercury Rule, which is the
basis for this rule and associated plan,
has been vacated and removed from the
Code of Federal Regulations. This action
will make Missouri’s State Plan
consistent with Federal regulations.
DATES: This direct final rule will be
effective November 24, 2015, without
further notice, unless EPA receives
adverse comment by October 26, 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–2015–0427, by one of the
following methods:
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9/25/2015 [Insert citation
of publication].
9/25/2015 [Insert citation
of publication].
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1. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Email: Bhesania.amy@epa.gov.
3. Mail or Hand Delivery: Amy
Bhesania, Environmental Protection
Agency, Air Planning and Development
Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219.
Instructions: Direct your comments to
Docket ID No. EPA–R07–OAR–205–
0427. 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.
Sfmt 4700
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*
*
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, i.e., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Air Planning and Development Branch,
11201 Renner Boulevard, Lenexa,
Kansas 66219. The Regional Office’s
official hours of business are Monday
through Friday, 8:00 a.m. to 4:30 p.m.,
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
Section 111(d) plan revision been met?
III. What action is EPA taking?
I. What is being addressed in this
document?
EPA is taking direct final action to
approve a revision to the Missouri State
Plan received May 7, 2013. This
revision rescinds Missouri state rule 10
CSR 10–6.368, Control of Mercury
Emissions from Electric Generating
Units, and associated state plan. The
state rule and plan was originally
incorporated into the Missouri State
E:\FR\FM\25SER1.SGM
25SER1
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations
Plan on January 7, 2008, (73 FR 3194)
following the March 15, 2005,
promulgation of the Federal Clean Air
Mercury Rule (CAMR) which
permanently capped and reduced
mercury emissions from coal-fired
power plants through a regional
mercury trading program (70 FR 28606).
On February 8, 2008, the D.C. Circuit
Court vacated EPA’s rule removing
power plants from the Clean Air Act
(CAA) list of sources of hazardous air
pollutants, and at the same time, the
Court vacated the Clean Air Mercury
Rule. New Jersey v. EPA, 517 F.3d 574
(D.C. Cir. 2008). On February 16, 2012,
EPA replaced CAMR with the Mercury
and Air Toxics Standards (MATS rule)
(77 FR 9304). Missouri has accepted
delegation of this standard (80 FR
10596). Therefore, this rule and
associated plan is being rescinded and
removed from the Missouri State Plan to
make the plan consistent with Federal
regulations.
mstockstill on DSK4VPTVN1PROD with RULES
II. Have the requirements for approval
of a Section 111(d) plan revision been
met?
The Missouri Air Conservation
Commission adopted the rescission of
10 CSR 10–6.368 on February 5, 2013.
No comments were received on this
state action. The Missouri Air
Conservation Commission has full legal
authority to develop rules pursuant to
section 643.050 of the Missouri Air
Conservation Law. The State followed
all applicable administrative procedures
in proposing and adopting the rule
actions. After publication by the
Missouri Secretary of State in the Code
of State Regulations, the rescission of
the rule became effective May 30, 2013.
The State of Missouri submitted the rule
and rescission to us for approval
pursuant to section 111(d). We have
evaluated the state plan rescission
against criteria in 40 CFR part 60,
subpart B ‘‘Adoption and Submittal of
State Plans for Designated Facilities.’’
The state plan rescission meets all of the
applicable requirements.
III. What action is EPA taking?
EPA is taking direct final action to
approve a revision to the Missouri State
Plan to rescind Missouri state rule 10
CSR 10–6.368, Control of Mercury
Emissions from Electric Generating
Units, and associated state plan.
We are publishing this direct final
rule without a prior proposed rule
because we view this as a
noncontroversial action and anticipate
no adverse comment. However, in the
‘‘Proposed Rules’’ section of this
Federal Register, we are publishing a
separate document that will serve as the
VerDate Sep<11>2014
17:35 Sep 24, 2015
Jkt 235001
proposed rule to approve the State Plan
revision if adverse comments are
received on this direct final rule. We
will not institute a second comment
period on this action. Any parties
interested in commenting must do so at
this time. For further information about
commenting on this rule, see the
ADDRESSES section of this document.
If EPA receives adverse comment, we
will publish a timely withdrawal in the
Federal Register informing the public
that this direct final rule will not take
effect. We will address all public
comments in any subsequent final rule
based on the proposed rule.
Statutory and Executive Order Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
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.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
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57733
• 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 November 24, 2015. Filing a
petition for reconsideration by the
Administrator of this direct 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 62
Environmental protection, Air
pollution control, Administrative
practice and procedure,
Intergovernmental relations, Reporting
and recordkeeping requirements.
Dated: September 14, 2015.
Mark Hague,
Acting Regional Administrator, Region 7.
For the reasons stated in the
preamble, EPA amends 40 CFR part 62
as set forth below:
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57734
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations
does this action take effect?, in the first
paragraph, line 2, remove ‘‘For judicial
review purposes, this rule is
promulgated as of 1 p.m. EST (Eastern
Standard Time) on the effective date,
which will be 60 days after the date of
publication of the rule in the Federal
Register.’’
PART 62—APPROVAL AND
PROMULGATION OF STATE PLANS
FOR DESIGNATED FACILITIES AND
POLLUTANTS
1. The authority citation for part 62
continues to read as follows:
■
Authority: 42 U.S.C. et seq.
List of Subjects in 40 CFR Part 131
Environmental protection, Indians—
lands, Intergovernmental relations,
Reporting and recordkeeping
requirements, Water pollution control.
Subpart AA—Missouri
§ 62.6362
[Removed]
2. Section 62.6362 is removed and
reserved.
■
Dated: September 18, 2015.
Kenneth J. Kopocis,
Deputy Assistant Administrator, Office of
Water.
[FR Doc. 2015–24339 Filed 9–24–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FR Doc. 2015–24314 Filed 9–24–15; 8:45 am]
BILLING CODE 6560–50–P
40 CFR Part 131
[EPA–HQ–OW–2010–0606; FRL–9934–33–
OW]
RIN 2040–AF16
Federal Emergency Management
Agency
Water Quality Standards Regulatory
Revisions; Correction
44 CFR Part 64
Environmental Protection
Agency (EPA).
ACTION: Final rule; correction.
AGENCY:
mstockstill on DSK4VPTVN1PROD with RULES
[Docket ID FEMA–2015–0001; Internal
Agency Docket No. FEMA–8401]
EPA is removing a sentence
regarding the effective date for judicial
review purposes in the preamble to a
final rule that appeared in the Federal
Register of August 21, 2015 (80 FR
51019). EPA included this sentence in
the preamble to the final rule in error.
Since the final rule does not fall within
any of the actions listed in Clean Water
Act section 509, it was not necessary to
specify an effective date for judicial
review purposes in the preamble. With
this correction there is no delay in the
effective date for purposes of judicial
review, and parties choosing to do so
may therefore seek judicial review at
this time.
DATES: This correction is effective as of
August 21, 2015.
FOR FURTHER INFORMATION CONTACT:
Janita Aguirre, Standards and Health
Protection Division, Office of Science
and Technology (4305T), Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW., Washington DC 20460;
telephone number: (202) 566–1860; fax
number: (202) 566–0409; email address:
WQSRegulatoryClarifications@epa.gov.
SUPPLEMENTARY INFORMATION: In FR Doc.
2015–19821 appearing on page 51020 in
the Federal Register of Friday, August
21, 2015, the following correction is
made:
On page 51022, in the second column,
under the heading entitled E. When
SUMMARY:
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DEPARTMENT OF HOMELAND
SECURITY
Suspension of Community Eligibility
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
SUMMARY: This rule identifies
communities where the sale of flood
insurance has been authorized under
the National Flood Insurance Program
(NFIP) that are scheduled for
suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
management requirements of the
program. If the Federal Emergency
Management Agency (FEMA) receives
documentation that the community has
adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur and
a notice of this will be provided by
publication in the Federal Register on a
subsequent date. Also, information
identifying the current participation
status of a community can be obtained
from FEMA’s Community Status Book
(CSB). The CSB is available at https://
www.fema.gov/fema/csb.shtm.
DATES: The effective date of each
community’s scheduled suspension is
the third date (‘‘Susp.’’) listed in the
third column of the following tables.
FOR FURTHER INFORMATION CONTACT: If
you want to determine whether a
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particular community was suspended
on the suspension date or for further
information, contact Bret Gates, Federal
Insurance and Mitigation
Administration, Federal Emergency
Management Agency, 500 C Street SW.,
Washington, DC 20472, (202) 646–4133.
SUPPLEMENTARY INFORMATION: The NFIP
enables property owners to purchase
Federal flood insurance that is not
otherwise generally available from
private insurers. In return, communities
agree to adopt and administer local
floodplain management measures aimed
at protecting lives and new construction
from future flooding. Section 1315 of
the National Flood Insurance Act of
1968, as amended, 42 U.S.C. 4022,
prohibits the sale of NFIP flood
insurance unless an appropriate public
body adopts adequate floodplain
management measures with effective
enforcement measures. The
communities listed in this document no
longer meet that statutory requirement
for compliance with program
regulations, 44 CFR part 59.
Accordingly, the communities will be
suspended on the effective date in the
third column. As of that date, flood
insurance will no longer be available in
the community. We recognize that some
of these communities may adopt and
submit the required documentation of
legally enforceable floodplain
management measures after this rule is
published but prior to the actual
suspension date. These communities
will not be suspended and will continue
to be eligible for the sale of NFIP flood
insurance. A notice withdrawing the
suspension of such communities will be
published in the Federal Register.
In addition, FEMA publishes a Flood
Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard
Areas (SFHAs) in these communities.
The date of the FIRM, if one has been
published, is indicated in the fourth
column of the table. No direct Federal
financial assistance (except assistance
pursuant to the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act not in connection with a
flood) may be provided for construction
or acquisition of buildings in identified
SFHAs for communities not
participating in the NFIP and identified
for more than a year on FEMA’s initial
FIRM for the community as having
flood-prone areas (section 202(a) of the
Flood Disaster Protection Act of 1973,
42 U.S.C. 4106(a), as amended). This
prohibition against certain types of
Federal assistance becomes effective for
the communities listed on the date
shown in the last column. The
Administrator finds that notice and
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]]>Agencies
[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)]
[Rules and Regulations]
[Pages 57732-57734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24339]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R07-OAR-2015-0427; FRL-9934-68-Region 7]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; Missouri; Control of Mercury Emissions From
Electric Generating Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve a revision to the Missouri State Plan received
May 7, 2013. This revision rescinds the state rule and associated state
plan controlling mercury emissions from electric generating units. This
rule is being rescinded because the Federal Clean Air Mercury Rule,
which is the basis for this rule and associated plan, has been vacated
and removed from the Code of Federal Regulations. This action will make
Missouri's State Plan consistent with Federal regulations.
DATES: This direct final rule will be effective November 24, 2015,
without further notice, unless EPA receives adverse comment by October
26, 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-2015-0427, by one of the following methods:
1. www.regulations.gov. Follow the on-line instructions for
submitting comments.
2. Email: Bhesania.amy@epa.gov.
3. Mail or Hand Delivery: Amy Bhesania, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219.
Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
205-0427. 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 a.m. to 4:30
p.m., 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 Section 111(d) plan
revision been met?
III. What action is EPA taking?
I. What is being addressed in this document?
EPA is taking direct final action to approve a revision to the
Missouri State Plan received May 7, 2013. This revision rescinds
Missouri state rule 10 CSR 10-6.368, Control of Mercury Emissions from
Electric Generating Units, and associated state plan. The state rule
and plan was originally incorporated into the Missouri State
[[Page 57733]]
Plan on January 7, 2008, (73 FR 3194) following the March 15, 2005,
promulgation of the Federal Clean Air Mercury Rule (CAMR) which
permanently capped and reduced mercury emissions from coal-fired power
plants through a regional mercury trading program (70 FR 28606). On
February 8, 2008, the D.C. Circuit Court vacated EPA's rule removing
power plants from the Clean Air Act (CAA) list of sources of hazardous
air pollutants, and at the same time, the Court vacated the Clean Air
Mercury Rule. New Jersey v. EPA, 517 F.3d 574 (D.C. Cir. 2008). On
February 16, 2012, EPA replaced CAMR with the Mercury and Air Toxics
Standards (MATS rule) (77 FR 9304). Missouri has accepted delegation of
this standard (80 FR 10596). Therefore, this rule and associated plan
is being rescinded and removed from the Missouri State Plan to make the
plan consistent with Federal regulations.
II. Have the requirements for approval of a Section 111(d) plan
revision been met?
The Missouri Air Conservation Commission adopted the rescission of
10 CSR 10-6.368 on February 5, 2013. No comments were received on this
state action. The Missouri Air Conservation Commission has full legal
authority to develop rules pursuant to section 643.050 of the Missouri
Air Conservation Law. The State followed all applicable administrative
procedures in proposing and adopting the rule actions. After
publication by the Missouri Secretary of State in the Code of State
Regulations, the rescission of the rule became effective May 30, 2013.
The State of Missouri submitted the rule and rescission to us for
approval pursuant to section 111(d). We have evaluated the state plan
rescission against criteria in 40 CFR part 60, subpart B ``Adoption and
Submittal of State Plans for Designated Facilities.'' The state plan
rescission meets all of the applicable requirements.
III. What action is EPA taking?
EPA is taking direct final action to approve a revision to the
Missouri State Plan to rescind Missouri state rule 10 CSR 10-6.368,
Control of Mercury Emissions from Electric Generating Units, and
associated state plan.
We are publishing this direct final rule without a prior proposed
rule because we view this as a noncontroversial action and anticipate
no adverse comment. However, in the ``Proposed Rules'' section of this
Federal Register, we are publishing a separate document that will serve
as the proposed rule to approve the State Plan revision if adverse
comments are received on this direct final rule. We will not institute
a second comment period on this action. Any parties interested in
commenting must do so at this time. For further information about
commenting on this rule, see the ADDRESSES section of this document.
If EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that this
direct final rule will not take effect. We will address all public
comments in any subsequent final rule based on the proposed rule.
Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action 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.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
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 November 24, 2015. Filing a petition for
reconsideration by the Administrator of this direct 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 62
Environmental protection, Air pollution control, Administrative
practice and procedure, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: September 14, 2015.
Mark Hague,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA amends 40 CFR part 62
as set forth below:
[[Page 57734]]
PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS
0
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. et seq.
Subpart AA--Missouri
Sec. 62.6362 [Removed]
0
2. Section 62.6362 is removed and reserved.
[FR Doc. 2015-24339 Filed 9-24-15; 8:45 am]
BILLING CODE 6560-50-P
