Air Plan Approval; Missouri; Measurement of Emissions of Air Contaminants, 32066-32068 [2019-14327]
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32066
Federal Register / Vol. 84, No. 129 / Friday, July 5, 2019 / Rules and Regulations
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Environmental
Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone that will prohibit persons and
vessels from entering, transiting
through, anchoring in, or remaining
within a limited area on the navigable
water in the Delaware River, during a
fireworks display lasting approximately
one hour. It is categorically excluded
from further review under paragraph
L60(a) in Table 3–1 of U.S. Coast Guard
Environmental Planning Implementing
Procedures 5090.1. A Record of
Environmental Consideration (REC)
supporting this determination is
available in the docket where indicated
under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
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Authority: 46 U.S.C. 70034, 70051; 50
U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6,
and 160.5; Department of Homeland Security
Delegation No. 0170.1.
position latitude 39°49′43.4″ N,
longitude 075°22′38.0″ W.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
petty officer, warrant or commissioned
officer on board a Coast Guard vessel or
on board a federal, state, or local law
enforcement vessel assisting the Captain
of the Port (COTP), Delaware Bay in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter or
remain in the zone, contact the COTP or
the COTP’s representative via VHF–FM
channel 16 or 215–271–4807. Those in
the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative.
(3) No vessel may take on bunkers or
conduct lightering operations within the
safety zone during its enforcement
period.
(4) This section applies to all vessels
except those engaged in law
enforcement, aids to navigation
servicing, and emergency response
operations.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the safety zone by
Federal, State, and local agencies.
(e) Enforcement period. This zone
will be enforced from on or after 9:30
p.m. to no later than 10:30 p.m. on July
6, 2019.
Dated: June 28, 2019.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the
Port Delaware Bay.
[FR Doc. 2019–14419 Filed 7–3–19; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2019–0102; FRL–9995–61–
Region 7]
■
2. Add § 165.T05–0403 to read as
follows:
Air Plan Approval; Missouri;
Measurement of Emissions of Air
Contaminants
§ 165.T05–0403 Safety Zone; Fireworks
Display, Delaware River, Chester, PA.
AGENCY:
(a) Location. The following area is a
safety zone: All waters of Delaware
River off Chester, PA, within 800 feet of
the barge anchored in approximate
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17:30 Jul 03, 2019
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Environmental Protection
Agency (EPA).
ACTION: Final rule.
The Environmental Protection
Agency (EPA) is taking final action to
SUMMARY:
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approve a revision to the Missouri State
Implementation Plan (SIP) received by
EPA on December 11, 2018. The
submission revises Missouri’s regulation
relating to measurement of emissions of
air contaminants which allows the
director to obtain air contaminant
emission data upon request. This final
action will amend the SIP to include
revisions which are administrative in
nature and do not impact the stringency
of the SIP. Specifically, these revisions
reformat the regulations and add
definitions. Approval of these revisions
will not impact air quality, ensures
consistency between the State and
Federally-approved rules, and ensures
Federal enforceability of the State’s
rules.
This final rule is effective on
August 5, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2019–0102. All
documents in the docket are listed on
the https://www.regulations.gov
website. 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 https://
www.regulations.gov or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional information.
FOR FURTHER INFORMATION CONTACT:
Deborah Bredehoft, Environmental
Protection Agency, Region 7 Office, Air
Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
(913) 551–7164, or by email at
bredehoft.deborah@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
DATES:
Table of Contents
I. What is being addressed in this document?
II. Have the requirements for approval of a
SIP revision been met?
III. The EPA’s Response to Comments
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. What is being addressed in this
document?
The EPA is approving revisions to the
Missouri SIP that were received by EPA
on December 11, 2018. On April 12,
2019, the EPA proposed in the Federal
Register approval of the SIP submission.
See 84 FR 14906. The SIP revision
E:\FR\FM\05JYR1.SGM
05JYR1
Federal Register / Vol. 84, No. 129 / Friday, July 5, 2019 / Rules and Regulations
revises Missouri’s regulation, Title 10
Code of State Regulations (10 CSR) 10–
6.180, ‘‘Measurement of Emissions of
Air Contaminates’’, which allows the
director to obtain air contaminant
emission data from any source
responsible for the emissions of air
contaminants. The revisions are
administrative in nature. They
restructure the rule to meet Missouri’s
updated standard rule organizational
format and add definitions specific to
the regulatory text of 10 CSR 10–6.180
including air contaminant, director,
facility, qualified personnel and source.
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II. Have the requirements for approval
of a SIP revision been met?
The state submission has met the
public notice requirements for SIP
submissions in accordance with 40 CFR
51.102. The submission also satisfied
the completeness criteria of 40 CFR part
51, appendix V. The State provided
public notice on this SIP revision from
May 1, 2018, to June 7, 2018, and
received no comment. In addition, as
explained above and in more detail in
the technical support document which
is part of this docket, the revision meets
the substantive SIP requirements of the
Clean Air Act (CAA), including section
110 and implementing regulations.
III. The EPA’s Response to Comments
The public comment period on the
EPA’s proposed rule opened April 12,
2019, the date of its publication in the
Federal Register and closed on May 13,
2019. During this period, the EPA
received three comments, one of which
was adverse. The EPA will address the
adverse comment. No changes were
made to the proposals in this final
action after consideration of the adverse
comments received.
Comment 1: A commenter expressed
concern regarding what specifically
ensures Federal enforceability of the
state’s rules and if this is working
towards an overreach of the EPA’s legal
abilities.
Response 1: Federal enforceability
occurs when a state regulation is
submitted by the State and is then
approved into the federally approved
SIP, and those approved regulations are
promulgated as Federal law in the Code
of Federal Regulations (see generally 40
CFR 52.1320 for the approved Missouri
regulations). Section 110 of the CAA
requires states to develop air pollution
regulations and control strategies to
ensure that state air quality meets the
national ambient air quality standards
established by EPA. These ambient
standards are established under section
109 of the CAA, and they currently
address six criteria pollutants. These
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17:30 Jul 03, 2019
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pollutants are carbon monoxide,
nitrogen dioxide, ozone, lead,
particulate matter, and sulfur dioxide.
Each state must submit these regulations
and control strategies to the EPA for
approval and incorporation into the
federally enforceable SIP, and under
CAA section 110, the EPA must approve
state SIP submissions that meet the
requirements of the CAA. The CAA
requires each state to have a Federally
approved SIP which protects air quality
primarily by addressing air pollution at
its point of origin.
The EPA does not believe this Federal
enforceability of the state’s rules is an
overreach, because enforcement of the
state regulation before and after it is
incorporated into the federally approved
SIP is primarily a state responsibility. In
addition, Congress specifically provided
that after a state regulation is part of the
federally approved SIP, the EPA is
authorized to take enforcement action
against violators under CAA section 113
(and public citizens may enforce some
approved SIP provisions under CAA
section 113).
IV. What action is the EPA taking?
The EPA is taking final action to
amend the Missouri SIP by approving
the State’s request to amend 10 CSR 10–
6.180, ‘‘Measurement of Emissions of
Air Contaminants.’’ Approval of these
revisions will ensure consistency
between state and Federally-approved
rules. The EPA has determined that
these changes will not adversely impact
air quality.
V. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the
Missouri Regulations described in the
amendments to 40 CFR part 52 set forth
below. The EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov and at the EPA
Region 7 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by the EPA for inclusion in
the SIP, have been incorporated by
reference by the 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
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32067
incorporated by reference in the next
update to the SIP compilation.1
VI. 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
• 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 the
National Technology Transfer and
Advancement Act (NTTA) because this
rulemaking does not involve technical
standards; 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).
1 62
E:\FR\FM\05JYR1.SGM
FR 27968 (May 22, 1997).
05JYR1
32068
Federal Register / Vol. 84, No. 129 / Friday, July 5, 2019 / Rules and Regulations
In addition, 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 September 3, 2019. 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)).
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: June 28, 2019.
James Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the
preamble, the 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) amended by revising the entry ‘‘10–
6.180’’ to read as follows:
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
§ 52.1320
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED MISSOURI REGULATIONS
Missouri citation
State
effective
date
Title
EPA approval date
Explanation
Missouri Department of Natural Resources
*
*
*
*
*
*
*
Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of
Missouri
*
10–6.180 ..........
*
*
Measurement of Emissions of Air Contaminants
*
*
*
*
*
*
*
11/30/2018
*
*
*
ACTION:
*
7/5/2019, [insert Federal
Register citation].
*
Final rule.
[FR Doc. 2019–14327 Filed 7–3–19; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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[EPA–R03–OAR–2018–0825; FRL–9996–07–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Emissions Statements Rule
Certification for the 2008 Ozone
National Ambient Air Quality Standard
Environmental Protection
Agency (EPA).
AGENCY:
VerDate Sep<11>2014
17:30 Jul 03, 2019
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
formally submitted by the State of
Delaware. Under section 182 of the
Clean Air Act (CAA), states’ SIPs must
require stationary sources in ozone
nonattainment areas to report annual
emissions of nitrogen oxides (NOX) and
volatile organic compounds (VOC). This
SIP revision provides Delaware’s
certification that its existing emissions
statements program satisfies the
emissions statements requirements of
the CAA for the 2008 ozone National
Ambient Air Quality Standards
(NAAQS). EPA is approving Delaware’s
emissions statements program
SUMMARY:
BILLING CODE 6560–50–P
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*
*
*
*
certification for the 2008 ozone NAAQS
as a SIP revision in accordance with the
requirements of the CAA.
DATES: This final rule is effective on
August 5, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2018–0825. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., confidential business
information (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
E:\FR\FM\05JYR1.SGM
05JYR1
]]>Agencies
[Federal Register Volume 84, Number 129 (Friday, July 5, 2019)]
[Rules and Regulations]
[Pages 32066-32068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14327]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2019-0102; FRL-9995-61-Region 7]
Air Plan Approval; Missouri; Measurement of Emissions of Air
Contaminants
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the Missouri State Implementation Plan
(SIP) received by EPA on December 11, 2018. The submission revises
Missouri's regulation relating to measurement of emissions of air
contaminants which allows the director to obtain air contaminant
emission data upon request. This final action will amend the SIP to
include revisions which are administrative in nature and do not impact
the stringency of the SIP. Specifically, these revisions reformat the
regulations and add definitions. Approval of these revisions will not
impact air quality, ensures consistency between the State and
Federally-approved rules, and ensures Federal enforceability of the
State's rules.
DATES: This final rule is effective on August 5, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2019-0102. All documents in the docket are
listed on the https://www.regulations.gov website. 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 https://www.regulations.gov or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional information.
FOR FURTHER INFORMATION CONTACT: Deborah Bredehoft, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219 at (913) 551-7164, or by email
at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the 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. The EPA's Response to Comments
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. What is being addressed in this document?
The EPA is approving revisions to the Missouri SIP that were
received by EPA on December 11, 2018. On April 12, 2019, the EPA
proposed in the Federal Register approval of the SIP submission. See 84
FR 14906. The SIP revision
[[Page 32067]]
revises Missouri's regulation, Title 10 Code of State Regulations (10
CSR) 10-6.180, ``Measurement of Emissions of Air Contaminates'', which
allows the director to obtain air contaminant emission data from any
source responsible for the emissions of air contaminants. The revisions
are administrative in nature. They restructure the rule to meet
Missouri's updated standard rule organizational format and add
definitions specific to the regulatory text of 10 CSR 10-6.180
including air contaminant, director, facility, qualified personnel and
source.
II. Have the requirements for approval of a SIP revision been met?
The state submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. The
State provided public notice on this SIP revision from May 1, 2018, to
June 7, 2018, and received no comment. In addition, as explained above
and in more detail in the technical support document which is part of
this docket, the revision meets the substantive SIP requirements of the
Clean Air Act (CAA), including section 110 and implementing
regulations.
III. The EPA's Response to Comments
The public comment period on the EPA's proposed rule opened April
12, 2019, the date of its publication in the Federal Register and
closed on May 13, 2019. During this period, the EPA received three
comments, one of which was adverse. The EPA will address the adverse
comment. No changes were made to the proposals in this final action
after consideration of the adverse comments received.
Comment 1: A commenter expressed concern regarding what
specifically ensures Federal enforceability of the state's rules and if
this is working towards an overreach of the EPA's legal abilities.
Response 1: Federal enforceability occurs when a state regulation
is submitted by the State and is then approved into the federally
approved SIP, and those approved regulations are promulgated as Federal
law in the Code of Federal Regulations (see generally 40 CFR 52.1320
for the approved Missouri regulations). Section 110 of the CAA requires
states to develop air pollution regulations and control strategies to
ensure that state air quality meets the national ambient air quality
standards established by EPA. These ambient standards are established
under section 109 of the CAA, and they currently address six criteria
pollutants. These pollutants are carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and sulfur dioxide. Each state must
submit these regulations and control strategies to the EPA for approval
and incorporation into the federally enforceable SIP, and under CAA
section 110, the EPA must approve state SIP submissions that meet the
requirements of the CAA. The CAA requires each state to have a
Federally approved SIP which protects air quality primarily by
addressing air pollution at its point of origin.
The EPA does not believe this Federal enforceability of the state's
rules is an overreach, because enforcement of the state regulation
before and after it is incorporated into the federally approved SIP is
primarily a state responsibility. In addition, Congress specifically
provided that after a state regulation is part of the federally
approved SIP, the EPA is authorized to take enforcement action against
violators under CAA section 113 (and public citizens may enforce some
approved SIP provisions under CAA section 113).
IV. What action is the EPA taking?
The EPA is taking final action to amend the Missouri SIP by
approving the State's request to amend 10 CSR 10-6.180, ``Measurement
of Emissions of Air Contaminants.'' Approval of these revisions will
ensure consistency between state and Federally-approved rules. The EPA
has determined that these changes will not adversely impact air
quality.
V. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
Missouri Regulations described in the amendments to 40 CFR part 52 set
forth below. The EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and at the
EPA Region 7 Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).
Therefore, these materials have been approved by the EPA for
inclusion in the SIP, have been incorporated by reference by the 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 in the next
update to the SIP compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
VI. 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
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 the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; 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).
[[Page 32068]]
In addition, 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 September 3, 2019. 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: June 28, 2019.
James Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the 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) amended by revising the
entry ``10-6.180'' to read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
State
Missouri citation Title effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------
* * * * * * *
10-6.180................... Measurement of 11/30/2018 7/5/2019, [insert
Emissions of Air Federal Register
Contaminants. citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2019-14327 Filed 7-3-19; 8:45 am]
BILLING CODE 6560-50-P
