Approval of Air Quality Implementation Plans; Missouri State Implementation Plan for the 2008 Lead Standard, 65897-65899 [2016-22981]
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Federal Register / Vol. 81, No. 186 / Monday, September 26, 2016 / Rules and Regulations
provisions of the Cultural and Heritage
Cooperation Authority (25 U.S.C.
3057(b)).
CONTACT section for additional
information.
Dated: July 29, 2016.
Thomas L. Tidwell,
Chief, Forest Service.
Stephanie Doolan, Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
(913) 551–7719, or by email at
doolan.stephanie@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to EPA.
[FR Doc. 2016–22929 Filed 9–23–16; 8:45 am]
BILLING CODE 3411–15–P
ENVIRONMENTAL PROTECTION
AGENCY
FOR FURTHER INFORMATION CONTACT:
Table of Contents
40 CFR Part 52
[EPA–R07–OAR–2015–0835; FRL 9952–79–
Region 7]
Approval of Air Quality Implementation
Plans; Missouri State Implementation
Plan for the 2008 Lead Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the State
Implementation Plan (SIP) for the State
of Missouri. This final action will
approve Missouri’s SIP for the lead
National Ambient Air Quality Standard
(NAAQS) received by EPA on October
20, 2014. EPA proposed approval of this
plan on February 29, 2016. The
applicable standard addressed in this
action is the lead NAAQS promulgated
by EPA in 2008. EPA believes that the
SIP submitted by the state satisfies the
applicable requirements of the Clean Air
Act (CAA) identified in EPA’s Final
Rule published in the Federal Register
on October 15, 2008, and will bring the
area surrounding the Exide
Technologies Canon Hollow facility in
Forest City, Missouri, into attainment of
the 0.15 microgram per cubic meter
(ug/m3) lead NAAQS.
DATES: This final rule is effective on
October 26, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2015–0835. All
documents in the docket are listed on
the https://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 through www.regulations.gov
or please contact the person identified
in the FOR FURTHER INFORMATION
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SUMMARY:
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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?
In this document, EPA is granting
final approval of Missouri’s SIP to
address violations of the lead NAAQS
near the Exide Technologies—Canon
Hollow facility in Holt County,
Missouri. The applicable standard
addressed in this action is the lead
NAAQS promulgated by EPA in 2008.
The applicable requirements of the CAA
identified in EPA’s Final Rule (73 FR
66964, October 15, 2008), and will bring
the area into compliance with the 0.15
microgram per cubic meter (ug/m3) lead
NAAQS. EPA’s proposal containing the
background information for this action
can be found at 81 FR 10182, February
29, 2016.
II. Have the requirements for the
approval of a SIP revision been met?
The state submission has met the
public notice requirements for SIP
submissions in accordance with 40 CFR
51.102. The submission also satisfied
the completeness criteria of 40 CFR part
51, appendix V. In addition, the revision
meets the substantive SIP requirements
of the CAA, including section 110 and
implementing regulations.
III. EPA’s Response to Comments
The public comment period on EPA’s
proposed rule opened February 29,
2016, the date of its publication in the
Federal Register, and closed on March
30, 2016. During this period, EPA
received two comments posted
anonymously to the Regulations.gov
Web site.
One comment pertains to mold in
indoor air and not the subject of the
proposed approval of the SIP revision to
address lead in ambient air. Because the
comment is anonymous, EPA is unable
to contact the commenter directly to
offer assistance. However, EPA offers
that the commenter may contact Ms.
PO 00000
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65897
Gina Grier of EPA Region 7 directly at
(913) 551–7078 for more information
and assistance on the commenter’s
concerns about mold.
The second comment states that he/
she is in agreement with EPA’s
proposed action to approve the revision
to the SIP and the commenter offers two
suggestions. The first suggestion is to
estimate the cost of water washing to
clean haul routes on the facility
property and the second is a concern
that limiting truck traffic on the facility
property may reduce the resources
purchased in the state of Missouri.
EPA’s response to the first suggestion
regarding water washing to clean the onsite haul routes is that the use of water
to remove lead from on-site roads was
studied and determined to be a costeffective and necessary strategy to
control lead during the development of
the National Emissions Standards for
Hazardous Air Pollutants (NESHAP) for
Secondary Lead Smelters, promulgated
January 5, 2012 (77 FR 580). Because the
Exide Canon Hollow facility is a
secondary lead smelter, it must comply
with the requirements of this rule,
including, among other things, the
requirement to conduct twice daily
water washing of on-site haul routes.
This cleaning is necessary to control
lead-containing dust in order to meet
the 2008 lead NAAQS. The NESHAP is
related to the NAAQS in that the
NESHAP requires attainment of the
same 0.15 ug/m3 standard for lead at the
fenceline. No change has been made to
address this suggestion.
Regarding the concern that limiting
truck traffic may reduce the resources
purchased in the state of Missouri, the
state and facility arrived at the
limitations on truck traffic using EPA’s
AERMOD computer-based modeling.
Truck traffic along haul routes is known
to increase the amount of leadcontaining dust that becomes reentrained in ambient air. Modeling was
used to estimate the amount of truck
traffic along facility haul routes that
could be allowed without causing a
NAAQS violation at the fenceline. Thus,
the limitations are necessary to
safeguard the NAAQS level which EPA
has determined to be protective of
human health and the environment. It
also should be noted that the
restrictions on truck traffic that are
required by the SIP only pertain to
traffic on the facility property; there are
no limitations on the amount of truck
traffic on public roads. No change has
been made to address this concern.
IV. What action is EPA taking?
EPA is taking final action to amend
the Missouri SIP to approve the SIP
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Federal Register / Vol. 81, No. 186 / Monday, September 26, 2016 / Rules and Regulations
revision for the 2008 lead NAAQS. The
applicable standard addressed in this
action is the lead NAAQS promulgated
by EPA in 2008 (73 FR 66964).
Incorporation by Reference
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 EPA-Approved
Kansas Source-Specific Requirements.
Therefore, these materials have been
approved by EPA for inclusion in the
State implementation plan, have been
incorporated by reference by EPA into
that plan, are fully Federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference by the
Director of the Federal Register in the
next update to the SIP compilation.1
EPA has made, and will continue to
make, these documents generally
available electronically through
www.regulations.gov and at the
appropriate EPA office (see the
ADDRESSES section of this preamble for
more information).
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.);
mstockstill on DSK3G9T082PROD with RULES
1 62
FR 27968 (May 22, 1997).
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Jkt 238001
• 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 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 proposed action
and other required information to the
U.S. Senate, the U.S. House of
PO 00000
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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 proposed 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 25, 2016. Filing a
petition for reconsideration by the
Administrator of this proposed rule
does not affect the finality of this
rulemaking 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
future rule or action. This proposed
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: September 13, 2016.
Mark Hague,
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. Amend § 52.1320 by adding
paragraphs (d)(31) and (e)(71) to read as
follows:
■
§ 52.1320
Identification of Plan
(d) * * *
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Federal Register / Vol. 81, No. 186 / Monday, September 26, 2016 / Rules and Regulations
EPA-APPROVED MISSOURI SOURCE-SPECIFIC PERMITS AND ORDERS
Order/permit
No.
Name of source
*
(31) Exide Technologies
Canon Hollow, MO.
*
*
*
*
*
*
Consent Judgment 14H0–
CC00064.
*
State
effective
date
*
10/10/14
EPA approval date
*
9/26/16 and [Insert Federal
Register citation].
Explanation
*
*
(e) * * *
EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS
Name of
nonregulatory
SIP provision
Applicable
geographic or
nonattainment
area
*
*
(71) Exide Technologies Compliance Plan 2008 lead
NAAQS.
*
Forest City ..............................
*
*
*
*
*
[FR Doc. 2016–22981 Filed 9–23–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2016–0315; FRL–9952–72Region 4]
Air Plan Approval; Georgia; Prong 4—
2008 Ozone, 2010 NO2, SO2, and 2012
PM2.5
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is conditionally
approving the portions of revisions to
the Georgia State Implementation Plan
(SIP), submitted by the Georgia
Department of Natural Resources (DNR),
Environmental Protection Division
(GAEPD), addressing the Clean Air Act
(CAA or Act) visibility transport (prong
4) infrastructure SIP requirements for
the 2008 8-hour Ozone, 2010 1-hour
Nitrogen Dioxide (NO2), 2010 1-hour
Sulfur Dioxide (SO2), and 2012 annual
Fine Particulate Matter (PM2.5) National
Ambient Air Quality Standards
(NAAQS). The CAA requires that each
state adopt and submit a SIP for the
implementation, maintenance, and
enforcement of each NAAQS
promulgated by EPA, commonly
referred to as an ‘‘infrastructure SIP.’’
Specifically, EPA is conditionally
approving the prong 4 portions of
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State
submittal
date
*
10/15/14
EPA approval
date
*
9/26/16 and [Insert Federal
Register citation].
Georgia’s March 6, 2012, 8-hour Ozone
infrastructure SIP submission; March
25, 2013, 2010 1-hour NO2
infrastructure SIP submission; October
22, 2013, 2010 1-hour SO2 infrastructure
SIP submission; and December 14, 2015,
2012 annual PM2.5 infrastructure SIP
submission. All other applicable
infrastructure requirements for these SIP
submissions have been or will be
addressed in separate rulemakings.
DATES: This rule will be effective [insert
date 30 days after date of publication in
the Federal Register].
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No EPA–R04–OAR–2016–
0315. All documents in the docket are
listed on the www.regulations.gov Web
site. Although listed in the index, some
information may not be publicly
available, i.e., Confidential Business
Information 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 Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
PO 00000
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Explanation
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*
*
[EPA–R07–OAR–2015–0835;
FRL 9952–79–Region 7].
Office’s official hours of business are
Monday through Friday 8:30 a.m. to
4:30 p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman of the Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Mr.
Lakeman can be reached by telephone at
(404) 562–9043 or via electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
By statute, SIPs meeting the
requirements of sections 110(a)(1) and
(2) of the CAA are to be submitted by
states within three years after
promulgation of a new or revised
NAAQS to provide for the
implementation, maintenance, and
enforcement of the new or revised
NAAQS. EPA has historically referred to
these SIP submissions made for the
purpose of satisfying the requirements
of sections 110(a)(1) and 110(a)(2) as
‘‘infrastructure SIP’’ submissions.
Sections 110(a)(1) and (2) require states
to address basic SIP elements such as
the requirements for monitoring, basic
program requirements, and legal
authority that are designed to assure
attainment and maintenance of the
newly established or revised NAAQS.
More specifically, section 110(a)(1)
provides the procedural and timing
requirements for infrastructure SIPs.
Section 110(a)(2) lists specific elements
that states must meet for the
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]]>Agencies
[Federal Register Volume 81, Number 186 (Monday, September 26, 2016)]
[Rules and Regulations]
[Pages 65897-65899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22981]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2015-0835; FRL 9952-79-Region 7]
Approval of Air Quality Implementation Plans; Missouri State
Implementation Plan for the 2008 Lead Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the State Implementation Plan (SIP) for
the State of Missouri. This final action will approve Missouri's SIP
for the lead National Ambient Air Quality Standard (NAAQS) received by
EPA on October 20, 2014. EPA proposed approval of this plan on February
29, 2016. The applicable standard addressed in this action is the lead
NAAQS promulgated by EPA in 2008. EPA believes that the SIP submitted
by the state satisfies the applicable requirements of the Clean Air Act
(CAA) identified in EPA's Final Rule published in the Federal Register
on October 15, 2008, and will bring the area surrounding the Exide
Technologies Canon Hollow facility in Forest City, Missouri, into
attainment of the 0.15 microgram per cubic meter (ug/m\3\) lead NAAQS.
DATES: This final rule is effective on October 26, 2016.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2015-0835. All documents in the docket are listed on
the https://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 through www.regulations.gov or
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section for additional information.
FOR FURTHER INFORMATION CONTACT: Stephanie Doolan, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at (913) 551-7719, or by email at
doolan.stephanie@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA.
Table of Contents
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?
In this document, EPA is granting final approval of Missouri's SIP
to address violations of the lead NAAQS near the Exide Technologies--
Canon Hollow facility in Holt County, Missouri. The applicable standard
addressed in this action is the lead NAAQS promulgated by EPA in 2008.
The applicable requirements of the CAA identified in EPA's Final Rule
(73 FR 66964, October 15, 2008), and will bring the area into
compliance with the 0.15 microgram per cubic meter (ug/m\3\) lead
NAAQS. EPA's proposal containing the background information for this
action can be found at 81 FR 10182, February 29, 2016.
II. Have the requirements for the approval of a SIP revision been met?
The state submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. In
addition, the revision meets the substantive SIP requirements of the
CAA, including section 110 and implementing regulations.
III. EPA's Response to Comments
The public comment period on EPA's proposed rule opened February
29, 2016, the date of its publication in the Federal Register, and
closed on March 30, 2016. During this period, EPA received two comments
posted anonymously to the Regulations.gov Web site.
One comment pertains to mold in indoor air and not the subject of
the proposed approval of the SIP revision to address lead in ambient
air. Because the comment is anonymous, EPA is unable to contact the
commenter directly to offer assistance. However, EPA offers that the
commenter may contact Ms. Gina Grier of EPA Region 7 directly at (913)
551-7078 for more information and assistance on the commenter's
concerns about mold.
The second comment states that he/she is in agreement with EPA's
proposed action to approve the revision to the SIP and the commenter
offers two suggestions. The first suggestion is to estimate the cost of
water washing to clean haul routes on the facility property and the
second is a concern that limiting truck traffic on the facility
property may reduce the resources purchased in the state of Missouri.
EPA's response to the first suggestion regarding water washing to
clean the on-site haul routes is that the use of water to remove lead
from on-site roads was studied and determined to be a cost-effective
and necessary strategy to control lead during the development of the
National Emissions Standards for Hazardous Air Pollutants (NESHAP) for
Secondary Lead Smelters, promulgated January 5, 2012 (77 FR 580).
Because the Exide Canon Hollow facility is a secondary lead smelter, it
must comply with the requirements of this rule, including, among other
things, the requirement to conduct twice daily water washing of on-site
haul routes. This cleaning is necessary to control lead-containing dust
in order to meet the 2008 lead NAAQS. The NESHAP is related to the
NAAQS in that the NESHAP requires attainment of the same 0.15 ug/m\3\
standard for lead at the fenceline. No change has been made to address
this suggestion.
Regarding the concern that limiting truck traffic may reduce the
resources purchased in the state of Missouri, the state and facility
arrived at the limitations on truck traffic using EPA's AERMOD
computer-based modeling. Truck traffic along haul routes is known to
increase the amount of lead-containing dust that becomes re-entrained
in ambient air. Modeling was used to estimate the amount of truck
traffic along facility haul routes that could be allowed without
causing a NAAQS violation at the fenceline. Thus, the limitations are
necessary to safeguard the NAAQS level which EPA has determined to be
protective of human health and the environment. It also should be noted
that the restrictions on truck traffic that are required by the SIP
only pertain to traffic on the facility property; there are no
limitations on the amount of truck traffic on public roads. No change
has been made to address this concern.
IV. What action is EPA taking?
EPA is taking final action to amend the Missouri SIP to approve the
SIP
[[Page 65898]]
revision for the 2008 lead NAAQS. The applicable standard addressed in
this action is the lead NAAQS promulgated by EPA in 2008 (73 FR 66964).
Incorporation by Reference
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 EPA-
Approved Kansas Source-Specific Requirements. Therefore, these
materials have been approved by EPA for inclusion in the State
implementation plan, have been incorporated by reference by EPA into
that plan, are fully Federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference by the Director of the
Federal Register in the next update to the SIP compilation.\1\ EPA has
made, and will continue to make, these documents generally available
electronically through www.regulations.gov and at the appropriate EPA
office (see the ADDRESSES section of this preamble for more
information).
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
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 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 proposed 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 proposed 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 25, 2016. Filing a petition for
reconsideration by the Administrator of this proposed rule does not
affect the finality of this rulemaking 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
future rule or action. This proposed 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: September 13, 2016.
Mark Hague,
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. Amend Sec. 52.1320 by adding paragraphs (d)(31) and (e)(71) to read
as follows:
Sec. 52.1320 Identification of Plan
(d) * * *
[[Page 65899]]
EPA-Approved Missouri Source-Specific Permits and Orders
----------------------------------------------------------------------------------------------------------------
State
Name of source Order/permit No. effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(31) Exide Technologies Canon Consent Judgment 10/10/14 9/26/16 and [Insert
Hollow, MO. 14H0-CC00064. Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
EPA-Approved Missouri Nonregulatory SIP Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of nonregulatory SIP geographic or submittal EPA approval date Explanation
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(71) Exide Technologies Forest City......... 10/15/14 9/26/16 and [Insert [EPA-R07-OAR-2015-08
Compliance Plan 2008 lead NAAQS. Federal Register 35; FRL 9952-79-
citation]. Region 7].
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2016-22981 Filed 9-23-16; 8:45 am]
BILLING CODE 6560-50-P
