Approval of Missouri's Air Quality Implementation Plans; Open Burning Requirements, 15299-15301 [2017-06009]
Download as PDF
Federal Register / Vol. 82, No. 58 / Tuesday, March 28, 2017 / Rules and Regulations
Those parties clearly concluded that the
rates and terms were acceptable to both
sides. The evidence 18 and arguments
Mr. Johnson presented are insufficient
for the Judges to determine that the
agreed rates and terms are unreasonable.
The only objections to the agreement
by a participant were those of Mr.
Johnson. Based on those objections, the
Judges cannot conclude that the
agreement reached voluntarily between
the Settling Parties does not provide a
reasonable basis for setting statutory
terms and rates for licensing
nondramatic musical works to
manufacture and distribute
phonorecords, including permanent
digital downloads and ringtones
(Subpart A Configurations). Therefore,
the Judges must adopt the proposed
regulations that codify the partial
settlement.
Further, because the only participant,
other than Mr. Johnson, offering
objection to the settlement joined in the
Second Motion to apply the rates and
terms industry-side, the Judges adopt
the proposed rates and terms industrywide for subpart A Configurations. In
doing so, the Judges make clear that the
adoption of the partial settlement
should in no way suggest that they are
more or less inclined to adopt the
reasoning or proposals of any of the
parties remaining in the proceeding in
relation to subpart B or C
configurations.
In reviewing the regulations, the
Judges discovered an outdated crossreference and are correcting it.
The regulations of 37 CFR part 385,
subpart A, are adopted as detailed in
this Final Rule.
List of Subjects in 37 CFR Part 385
Copyright, Phonorecords, Recordings.
Final Regulation
For the reasons set forth herein, the
Copyright Royalty Judges amend 37 CFR
part 385 as follows:
PART 385—RATES AND TERMS FOR
USE OF MUSICAL WORKS UNDER
COMPULSORY LICENSE FOR MAKING
AND DISTRIBUTING OF PHYSICAL
AND DIGITAL PHONORECORDS
1. The authority citation for part 385
continues to read:
mstockstill on DSK3G9T082PROD with RULES
■
Authority: 17 U.S.C. 115, 801(b)(1),
804(b)(4).
18 The Judges are not ruling that any of Mr.
Johnson’s submissions would be admissible at an
evidentiary hearing. Even taking those submissions
as admissible evidence in support of its positions,
however, the Judges find that they would be
immaterial to the Judges’ rate-setting mandate.
VerDate Sep<11>2014
16:44 Mar 27, 2017
Jkt 241001
§ 385.4
[Amended]
2. Section 385.4 is amended by
removing ‘‘§ 201.19(e)(7)(i)’’ and adding
‘‘§ 210.16(g)(1)’’ in its place.
■
Dated: February 22, 2017.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
Approved by:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2017–06065 Filed 3–27–17; 8:45 am]
BILLING CODE 1410–72–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2016–0470; FRL–9958–72–
Region 7]
Approval of Missouri’s Air Quality
Implementation Plans; Open Burning
Requirements
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 related to open burning. On
November 24, 2009, the Missouri
Department of Natural Resources
(MDNR) requested to amend the SIP to
replace four area specific open burning
rules into one rule that is area specific
and applicable state-wide. EPA solicited
comment in an earlier proposed
rulemaking that published in the
Federal Register on September 8, 2016,
and received one comment in support of
the proposed SIP revision. These
revisions to Missouri’s SIP do not have
an adverse effect on air quality as
demonstrated in the technical support
document (TSD) which is a part of the
proposed rulemaking docket. EPA’s
final approval of these SIP revisions is
being done in accordance with the
requirements of the Clean Air Act
(CAA).
SUMMARY:
This final rule is effective on
April 27, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2016–0470. 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
DATES:
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
15299
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:
Steven Brown, Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
913–551–7718, or by email at
brown.steven@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘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 final approval
of a SIP revision been met?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is being addressed in this
document?
EPA is taking final action to approve
the SIP revision submitted by the state
of Missouri that replaces four area
specific open burning rules with a rule
that is applicable state-wide. On
November 24, 2009, the MDNR
requested to amend the SIP to rescind
Missouri Open Burning Restrictions 10
CSR 10–2.100, 10 CSR 10–3.030, 10 CSR
10–4.090, and 10 CSR 10–5.070, and
consolidated these four rules into a new
rule 10 CSR 10–6.045. The new rule
adds language that allows burning of
‘‘trade wastes’’ by permit in areas for
situations where open burning is in the
best interest of the general public or
when it can be shown that open burning
is the safest and most feasible method
of disposal. The rule reserves the right
for the staff director to deny, revoke or
suspend an open burn permit. It
changes the general provisions section
by not limiting liability to an individual
who is directly responsible for a
violation and extends the regulatory
liability to any person, such as a
property owner who hires an individual
to start the fire. The rule also adds the
definition of ‘‘untreated wood’’ for
clarification to aid in compliance
purposes. On September 8, 2016, EPA
proposed approval of the SIP revision in
the Federal Register (81 FR 62066), the
comment period closed on October 11,
2016. During this period, on October 11,
2016, EPA received one comment which
is included in the docket from an
unknown commenter that supports this
final rule.
E:\FR\FM\28MRR1.SGM
28MRR1
15300
Federal Register / Vol. 82, No. 58 / Tuesday, March 28, 2017 / Rules and Regulations
II. Have the requirements for final
approval of a SIP revision been met?
V. Statutory and Executive Order
Reviews
The state submission has met the
public notice requirements for SIP
submissions in accordance with 40 CFR
51.102. The submission also satisfied
the completeness criteria of 40 CFR part
51, appendix V. In addition, as
explained above and in more detail in
the technical support document (TSD)
which is part of the proposed
rulemaking docket that published in the
Federal Register on September 8, 2016,
the revision meets the substantive SIP
requirements of the CAA, including
section 110 and implementing
regulations.
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
III. What action is EPA taking?
EPA is finalizing approval of revisions
to the Missouri SIP regarding an open
burn regulation that replaces four area
specific open burning rules. EPA has
conducted a full evaluation of the
regulation, which is discussed in detail
in the proposed rule and the TSD,
which is included in this rulemaking
docket.
We are processing this as a final
approval action after soliciting
comments on a proposed action. The
public comment period on EPA’s
proposed rule opened on September 8,
2016, the date of its publication in the
Federal Register (81 FR 62066), and
closed on October 11, 2016.
mstockstill on DSK3G9T082PROD with RULES
IV. 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 the amendments to 40 CFR
part 52 as set forth below. 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/or in hard
copy at the appropriate EPA office (see
the ADDRESSES section of this preamble
for more information).
1 62
FR 27968 (May 22, 1997).
VerDate Sep<11>2014
16:44 Mar 27, 2017
Jkt 241001
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
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 May 30, 2017. 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: March 20, 2017.
Edward H. Chu,
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:
■
E:\FR\FM\28MRR1.SGM
28MRR1
15301
Federal Register / Vol. 82, No. 58 / Tuesday, March 28, 2017 / Rules and Regulations
a. Removing entries ‘‘10–2.100’’, ‘‘10–
3.030’’, ‘‘10–4.090’’, and ‘‘10–5.070’’.
■
§ 52.1320
b. Adding the entry ‘‘10–6.045’’ in
numerical order.
The addition reads as follows:
■
*
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
*
*
10–6.045 ......................................
*
Open Burning Requirements .......
*
9/30/09
*
*
3/28/17 [insert Federal
Register citation].
*
.
*
*
*
*
*
*
*
*
[FR Doc. 2017–06009 Filed 3–27–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 70
[EPA–R07–OAR–2016–0453; FRL 9957–84–
Region 7]
State of Iowa; Approval and
Promulgation of the Title V Operating
Permits Program, the State
Implementation Plan, and 112(l) Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule; technical
amendments.
AGENCY:
The Environmental Protection
Agency (EPA) published in the Federal
Register on September 9, 2016,
approving revisions to the Iowa Title V
Operation Permits Program, the State
Implementation Plan (SIP), and the
112(l) plan. This amendment makes
minor administrative revisions and
amends the state effective date.
DATES: This final rule is effective March
28, 2017.
FOR FURTHER INFORMATION CONTACT:
Heather Hamilton, Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
913–551–7039, or by email at
Hamilton.heather@epa.gov.
SUPPLEMENTARY INFORMATION: In the
September 9, 2016 (81 FR 62387),
Federal Register direct final action
approving revisions to part 52, chapter
22 of Iowa’s SIP, EPA inadvertently
mstockstill on DSK3G9T082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:44 Mar 27, 2017
Jkt 241001
*
*
*
*
omitted a minor administrative phrase
from rules 567–22.4, 567–22.5, and
567.22.10. This technical part 52
revision to 567–22.5 is also being
applied to Iowa’s 112(l) plan.
This technical revision is also making
corrections to the Region 7 Technical
Support Document (TSD) that supports
the September 9, 2016 (81 FR 62387),
direct final action. EPA inadvertently
omitted minor administrative phrases
and a reference from chapter 22 rule
567–22.103. Two revisions to chapter 22
rule 567–22.105(2) are required for
clarification. Please see the revised TSD
included in the docket.
Finally, we are revising the incorrect
state effective dates codified on page
62398 of the September 9, 2016 (81 FR
62387), Federal Register for parts 52
and 70. The correct state effective date
is December 16, 2015.
Additional information for this
technical amendment can be found in
the revised Technical Support
Document located in this docket.
Dated: March 20, 2017.
Edward H. Chu,
Acting Regional Administrator, Region 7.
List of Subjects
PART 70—STATE OPERATING PERMIT
PROGRAMS
40 CFR Part 52
Environmental protection,
Incorporation by reference,
Intergovernmental relations, Reporting
and recordkeeping requirements.
40 CFR Part 70
Administrative practice and
procedure, Air pollution control,
Intergovernmental relations, Operating
permits, Reporting and recordkeeping
requirements.
PO 00000
Accordingly, 40 CFR parts 52 and 70
is corrected by making the following
technical amendments:
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 Q—Iowa
§ 52.820
3. The authority citation for part 70
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
4. Appendix A to part 70 is amended
by revising paragraph (q) under the
heading ‘‘Iowa’’ to read as follows:
■
Appendix A to Part 70—Approval
Status of State and Local Operating
Permits Program
*
Fmt 4700
Sfmt 4700
*
*
*
*
*
*
*
*
Iowa
*
Frm 00021
[Amended]
2. In § 52.820, the table in
paragraph(c) is amended by removing
from under the column titled ‘‘State
effective date’’ the text ‘‘3/15/16’’ and
adding the text ‘‘12/16/15’’ in its place
for entries ‘‘567–20.1’’, ‘‘567–22.1’’,
‘‘567–22.4’’, ‘‘567–22.5’’, ‘‘567–22.8’’,
‘‘567–22.10’’ ‘‘567–31.1’’ and ‘‘567–
33.1’’, respectively.
■
E:\FR\FM\28MRR1.SGM
28MRR1
Agencies
[Federal Register Volume 82, Number 58 (Tuesday, March 28, 2017)]
[Rules and Regulations]
[Pages 15299-15301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06009]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2016-0470; FRL-9958-72-Region 7]
Approval of Missouri's Air Quality Implementation Plans; Open
Burning Requirements
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 related to open burning. On November 24, 2009,
the Missouri Department of Natural Resources (MDNR) requested to amend
the SIP to replace four area specific open burning rules into one rule
that is area specific and applicable state-wide. EPA solicited comment
in an earlier proposed rulemaking that published in the Federal
Register on September 8, 2016, and received one comment in support of
the proposed SIP revision. These revisions to Missouri's SIP do not
have an adverse effect on air quality as demonstrated in the technical
support document (TSD) which is a part of the proposed rulemaking
docket. EPA's final approval of these SIP revisions is being done in
accordance with the requirements of the Clean Air Act (CAA).
DATES: This final rule is effective on April 27, 2017.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2016-0470. 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: Steven Brown, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219 at 913-551-7718, or by email at
brown.steven@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``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 final approval of a SIP revision been
met?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is being addressed in this document?
EPA is taking final action to approve the SIP revision submitted by
the state of Missouri that replaces four area specific open burning
rules with a rule that is applicable state-wide. On November 24, 2009,
the MDNR requested to amend the SIP to rescind Missouri Open Burning
Restrictions 10 CSR 10-2.100, 10 CSR 10-3.030, 10 CSR 10-4.090, and 10
CSR 10-5.070, and consolidated these four rules into a new rule 10 CSR
10-6.045. The new rule adds language that allows burning of ``trade
wastes'' by permit in areas for situations where open burning is in the
best interest of the general public or when it can be shown that open
burning is the safest and most feasible method of disposal. The rule
reserves the right for the staff director to deny, revoke or suspend an
open burn permit. It changes the general provisions section by not
limiting liability to an individual who is directly responsible for a
violation and extends the regulatory liability to any person, such as a
property owner who hires an individual to start the fire. The rule also
adds the definition of ``untreated wood'' for clarification to aid in
compliance purposes. On September 8, 2016, EPA proposed approval of the
SIP revision in the Federal Register (81 FR 62066), the comment period
closed on October 11, 2016. During this period, on October 11, 2016,
EPA received one comment which is included in the docket from an
unknown commenter that supports this final rule.
[[Page 15300]]
II. Have the requirements for final 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 and in more detail in the technical
support document (TSD) which is part of the proposed rulemaking docket
that published in the Federal Register on September 8, 2016, the
revision meets the substantive SIP requirements of the CAA, including
section 110 and implementing regulations.
III. What action is EPA taking?
EPA is finalizing approval of revisions to the Missouri SIP
regarding an open burn regulation that replaces four area specific open
burning rules. EPA has conducted a full evaluation of the regulation,
which is discussed in detail in the proposed rule and the TSD, which is
included in this rulemaking docket.
We are processing this as a final approval action after soliciting
comments on a proposed action. The public comment period on EPA's
proposed rule opened on September 8, 2016, the date of its publication
in the Federal Register (81 FR 62066), and closed on October 11, 2016.
IV. 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 the amendments
to 40 CFR part 52 as set forth below. 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/or in hard copy at the appropriate EPA
office (see the ADDRESSES section of this preamble for more
information).
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. 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 May 30, 2017. 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: March 20, 2017.
Edward H. Chu,
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:
[[Page 15301]]
0
a. Removing entries ``10-2.100'', ``10-3.030'', ``10-4.090'', and ``10-
5.070''.
0
b. Adding the entry ``10-6.045'' in numerical order.
The addition reads as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Missouri Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
Missouri citation Title effective date EPA approval date Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Missouri Department of Natural Resources
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of Missouri
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
10-6.045.......................... Open Burning 9/30/09 3/28/17 [insert Federal Register .....................................
Requirements. citation].
.....................
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2017-06009 Filed 3-27-17; 8:45 am]
BILLING CODE 6560-50-P