Air Plan Approval; Missouri; Revision to Sulfur Dioxide Control Requirements for Lake Road Generating Facility, 44233-44235 [2019-18041]

Download as PDF Federal Register / Vol. 84, No. 164 / Friday, August 23, 2019 / Rules and Regulations 56. Appendix D to Subpart E is amended by revising ‘‘Region VI’’ to read as follows: ■ Appendix D to Subpart E of Part 763— Transport and Disposal of Asbestos Waste * * * * * Region VI Asbestos NESHAP Contact, Enforcement and Compliance Assurance Division, USEPA Region VI, 1201 Elm Street, Suite 500, Mail Code 6ECD, Dallas, Texas 75270–2102, (214) 655–2760. * * * * * [FR Doc. 2019–17747 Filed 8–22–19; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R07–OAR–2019–0289; FRL–9998–42– Region 7] Air Plan Approval; Missouri; Revision to Sulfur Dioxide Control Requirements for Lake Road Generating Facility Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is taking final action to approve a State Implementation Plan (SIP) revision submitted by the State of Missouri on November 2, 2018. This final action replaces a Consent Decree in Missouri’s SIP with an Administrative Order on Consent (AOC) between the Missouri Department of Natural Resources (MoDNR) and Kansas City Power and Light (KCPL). The EPA is also approving an amendment to the AOC. This action strengthens Missouri’s SIP by replacing an outdated Consent Decree with an AOC and its Amendment that reflect current operating conditions at the facility and does not result in an increase in sulfur dioxide (SO2) emissions from the Lake Road Generating Facility. DATES: This final rule is effective on September 23, 2019. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–R07–OAR–2019–0289. 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 jbell on DSK3GLQ082PROD with RULES SUMMARY: VerDate Sep<11>2014 15:55 Aug 22, 2019 Jkt 247001 44233 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: Jonathan Meyer, Environmental Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 551–7140; email address meyer.jonathan@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA. that is available in the docket for this action. See 84 FR 27996. Table of Contents IV. What action is the EPA taking? We are taking final action to replace the May 25, 2001, St. Joseph Light and Power Consent Decree with the 2015 AOC and 2018 Amendment between MoDNR and KCPL. I. Background II. What is being addressed in this document? III. Have the requirements for approval of a SIP revision been met? IV. What action is the EPA taking? V. Incorporation by Reference VI. Statutory and Executive Order Reviews I. Background On June 17, 2019, the EPA proposed to approve revisions in the Federal Register to the Missouri SIP that replaced a Consent Decree in Missouri’s SIP with an AOC between the MoDNR and KCPL. See 84 FR 27996. The EPA also proposed to approve an amendment to the AOC. The EPA solicited comments on the proposed revision to Missouri’s SIP, and did not receive any comments. II. What is being addressed in this document? The EPA is approving a SIP revision submitted by the State of Missouri on November 2, 2018. The revision consists of an AOC between the MoDNR and KCPL that limits emissions of SO2 from KCPL’s Lake Road Generating facility in St. Joseph, Missouri, and an Amendment to the AOC. The AOC and its Amendment replace a Consent Decree in Missouri’s SIP and strengthens SO2 control requirements for KCPL’s Lake Road Generating facility by limiting the types of fuels that may be combusted in boilers at the facility. This action strengthens Missouri’s SIP by replacing an outdated Consent Decree with an AOC and its Amendment that reflect current operating conditions at the facility and does not result in an increase in SO2 emissions from the Lake Road Generating Facility. A detailed discussion of Missouri’s SIP revision was provided in EPA’s June 17, 2019, Federal Register document and in a Technical Support Document PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 III. 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 July 30, 2018, to September 6, 2018, and received zero comments. In addition, the revision meets the substantive SIP requirements of the CAA, including section 110 and implementing regulations. V. Incorporation by Reference In this document, the 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 Source-Specific Orders 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 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 the EPA’s approval, and will be incorporated by reference in the next update to the SIP compilation.1 Also, in this document, as described in the amendments to 40 CFR part 52 set forth below, the EPA is removing provisions of the EPA-Approved Missouri Source-Specific Permits and Orders from the Missouri State Implementation Plan, which is incorporated by reference in accordance with the requirements of 1 CFR part 51. VI. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission 1 62 E:\FR\FM\23AUR1.SGM FR 27968 (May 22, 1997). 23AUR1 44234 Federal Register / Vol. 84, No. 164 / Friday, August 23, 2019 / Rules and Regulations 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). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the 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. Section 804, however, exempts from section 801 the following types of rules: rules of particular applicability; rules relating to agency management or personnel; and rules of agency organization, procedure, or practice that do not substantially affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3). Because this is a rule of particular applicability, EPA is not required to submit a rule report regarding this action under section 801. Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by October 22, 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, Hydrocarbons, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides. Dated:August 15, 2019. Edward Chu, Acting 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 (d) is amended by: ■ a. Revising entry ‘‘(17)’’; and ■ b. Adding entries ‘‘(32)’’ and ‘‘(33)’’ to the end of the table. The revision and additions read as follows: ■ § 52.1320 * Identification of plan. * * (d) * * * * * EPA-APPROVED MISSOURI SOURCE-SPECIFIC PERMITS AND ORDERS jbell on DSK3GLQ082PROD with RULES Name of source Order/permit number State effective date EPA approval date Explanation * * * (17) St. Joseph Light & Power Consent Decree ..................... SO2. * 5/21/2001 * * * 11/15/2001, 66 FR 57389 and Removed and replaced on 8/ 8/23/2019, [insert Federal 23/2019 with (32) and (33). Register citation]. * * * (32) Kansas City Power and Administrative Order on ConLight—Lake Road Facility. sent No. APCP–2015–118. (33) Kansas City Power and Amendment #1 to AdministraLight—Lake Road Facility. tive Order on Consent No. APCP–2015–118. * 9/27/2018 * 8/23/2019, [insert Federal Register citation]. 8/23/2019, [insert Federal Register citation]. VerDate Sep<11>2014 15:55 Aug 22, 2019 Jkt 247001 PO 00000 Frm 00012 9/27/2018 Fmt 4700 Sfmt 4700 E:\FR\FM\23AUR1.SGM 23AUR1 * * Federal Register / Vol. 84, No. 164 / Friday, August 23, 2019 / Rules and Regulations * * * * * [FR Doc. 2019–18041 Filed 8–22–19; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2019–0301; FRL–9997–81– Region 6] Air Plan Approval; Arkansas; Revisions to State Implementation Plan Permitting Programs Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving revisions to the Arkansas State Implementation Plan (SIP) Permitting Programs submitted on October 24, 2002, July 26, 2010, November 6, 2012, and March 24, 2017. Most of the revisions are administrative in nature and make the SIP current with Federal rules. In addition, the revisions add permit flexibility provisions to the NSR program. This final action is consistent with the requirements of section 110 of the CAA. DATES: This rule is effective on September 23, 2019. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–R06–OAR–2019–0301. 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 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 https://www.regulations.gov or in hard copy at the EPA Region 6 Office, 1201 Elm Street, Suite 500, Dallas, Texas 75270. SUMMARY: jbell on DSK3GLQ082PROD with RULES FOR FURTHER INFORMATION CONTACT: Ashley Mohr, EPA Region 6 Office, Air Permits Section, 1201 Elm Street, Suite 500, Dallas, TX 75270, 214–665–7289, mohr.ashley@epa.gov. To inspect the hard copy materials, please schedule an appointment with Ms. Mohr or Mr. Bill Deese at 214–665–7253. SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ means the EPA. VerDate Sep<11>2014 15:55 Aug 22, 2019 Jkt 247001 I. Background The background for this action is discussed in detail in our May 31, 2019 proposal (84 FR 25218). In that document we proposed to approve SIP revisions submitted by Arkansas on October 24, 2002, July 26, 2010, November 6, 2012, and March 24, 2017. The revisions addressed in that action include administrative revisions, revisions that make the Arkansas SIP current with Federal rules, and revisions that add permit flexibility provisions to the NSR program.1 Also, included in that action was the proposed approval of revisions to the Arkansas SIP that address EPA’s previous 2016 disapproval related to biomass deferral language. We did not receive any relevant comments regarding our proposal. II. Final Action We are approving portions of the revisions to the Arkansas SIP submitted on October 24, 2002, July 26, 2010, November 6, 2012, and March 24, 2017. Specifically, we are approving the following revisions: • Revisions to Regulation 19, Chapter 4 adopted on December 5, 2008 (effective January 25, 2009), June 22, 2012 (effective July 9, 2012), October 26, 2012 (effective November 18, 2012), and February 26, 2016 (effective March 14, 2016); • Revisions to Regulation 19, Chapter 7 adopted on February 26, 2016 (effective March 14, 2016); • Revisions to Regulation 19, Chapter 9 adopted on February 26, 2016 (effective March 14, 2016); • Revisions to Regulation 19, Chapter 11 adopted on February 26, 2016 (effective March 14, 2016); • Revisions to Regulation 19, Appendix A adopted on December 5, 2008 (effective January 25, 2009), June 1 The permit flexibility provisions are found in Reg. 19.414, 415, and 416. Reg. 19.414—Operational Flexibility-Applicant’s Duty to Apply for Alternative Scenarios, allows permittees to implement alternative scenarios that were initially included in their permit application, without a permit revision or notification to the Department. Reg. 19.415—Changes Resulting in No Emissions Increases, allows permittees to make certain changes within the facility that otherwise contravene permit terms without a permit revision if the changes are not modifications under Title I, do not exceed emissions allowed under the permit, do not violate applicable requirements, and do not contravene federally enforceable permit terms and conditions that are monitoring, recordkeeping, reporting, or compliance certification requirements. Reg. 19.416—Permit Flexibility, codifies ADEQ’s discretion to grant extensions to testing, compliance or other dates in a permit; to grant a request to allow temporary emissions and/or testing that would otherwise exceed a limit in a facility’s permit; and to allow an alternative to monitoring specified in a facility’s operating permit. PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 44235 22, 2012 (effective July 9, 2012), October 26, 2012 (effective November 18, 2012), and February 26, 2016 (effective March 14, 2016); • Revisions to Regulation 26, Chapter 3 adopted on August 23, 2002 (effective September 26, 2002), December 5, 2008 (effective January 25, 2009), and February 26, 2016 (effective March 14, 2016); • Revisions to Regulation 26, Chapter 4 adopted on August 23, 2002 (effective September 26, 2002), December 5, 2008 (effective January 25, 2009), June 22, 2012 (effective July 9, 2012), October 26, 2012 (effective November 18, 2012), and February 26, 2016 (effective March 14, 2016); • Revisions to Regulation 26, Chapter 5 adopted on December 5, 2008 (effective January 25, 2009) and February 26, 2016 (effective March 14, 2016); • Revisions to Regulation 26, Chapter 6 adopted on August 23, 2002 (effective September 26, 2002), December 5, 2008 (effective January 25, 2009), and February 26, 2016 (effective March 14, 2016); and • Non-substantive revisions throughout the current SIP-approved portions of Regulation 19 and 26 that replace ‘‘Section’’ with ‘‘Reg.’’ within section headings (e.g., ‘‘Section 26.101’’ revised to ‘‘Reg. 26.101’’) that were adopted on December 5, 2008 (effective January 25, 2009). This action is being taken under section 110 of the Act. EPA is not taking any action on the portions of the July 26, 2010 and November 6, 2012 SIP revision submittals that were listed in the letter from Arkansas dated March 28, 2019, that requested the withdrawal of those revisions from EPA’s consideration for approval into the Arkansas SIP. III. Incorporation by Reference In this rule, the 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 the revisions to the Arkansas regulations as described in the Final Action section above. The EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA Region 6 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 EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under E:\FR\FM\23AUR1.SGM 23AUR1

Agencies

[Federal Register Volume 84, Number 164 (Friday, August 23, 2019)]
[Rules and Regulations]
[Pages 44233-44235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18041]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2019-0289; FRL-9998-42-Region 7]


Air Plan Approval; Missouri; Revision to Sulfur Dioxide Control 
Requirements for Lake Road Generating Facility

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a State Implementation Plan (SIP) revision submitted 
by the State of Missouri on November 2, 2018. This final action 
replaces a Consent Decree in Missouri's SIP with an Administrative 
Order on Consent (AOC) between the Missouri Department of Natural 
Resources (MoDNR) and Kansas City Power and Light (KCPL). The EPA is 
also approving an amendment to the AOC. This action strengthens 
Missouri's SIP by replacing an outdated Consent Decree with an AOC and 
its Amendment that reflect current operating conditions at the facility 
and does not result in an increase in sulfur dioxide (SO2) 
emissions from the Lake Road Generating Facility.

DATES: This final rule is effective on September 23, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2019-0289. 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: Jonathan Meyer, Environmental 
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201 
Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-
7140; email address [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to the EPA.

Table of Contents

I. Background
II. What is being addressed in this document?
III. Have the requirements for approval of a SIP revision been met?
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background

    On June 17, 2019, the EPA proposed to approve revisions in the 
Federal Register to the Missouri SIP that replaced a Consent Decree in 
Missouri's SIP with an AOC between the MoDNR and KCPL. See 84 FR 27996. 
The EPA also proposed to approve an amendment to the AOC. The EPA 
solicited comments on the proposed revision to Missouri's SIP, and did 
not receive any comments.

II. What is being addressed in this document?

    The EPA is approving a SIP revision submitted by the State of 
Missouri on November 2, 2018. The revision consists of an AOC between 
the MoDNR and KCPL that limits emissions of SO2 from KCPL's 
Lake Road Generating facility in St. Joseph, Missouri, and an Amendment 
to the AOC. The AOC and its Amendment replace a Consent Decree in 
Missouri's SIP and strengthens SO2 control requirements for 
KCPL's Lake Road Generating facility by limiting the types of fuels 
that may be combusted in boilers at the facility. This action 
strengthens Missouri's SIP by replacing an outdated Consent Decree with 
an AOC and its Amendment that reflect current operating conditions at 
the facility and does not result in an increase in SO2 
emissions from the Lake Road Generating Facility.
    A detailed discussion of Missouri's SIP revision was provided in 
EPA's June 17, 2019, Federal Register document and in a Technical 
Support Document that is available in the docket for this action. See 
84 FR 27996.

III. 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 July 30, 2018, 
to September 6, 2018, and received zero comments. In addition, the 
revision meets the substantive SIP requirements of the CAA, including 
section 110 and implementing regulations.

IV. What action is the EPA taking?

    We are taking final action to replace the May 25, 2001, St. Joseph 
Light and Power Consent Decree with the 2015 AOC and 2018 Amendment 
between MoDNR and KCPL.

V. Incorporation by Reference

    In this document, the 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 Source-Specific Orders 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 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 the 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).
---------------------------------------------------------------------------

    Also, in this document, as described in the amendments to 40 CFR 
part 52 set forth below, the EPA is removing provisions of the EPA-
Approved Missouri Source-Specific Permits and Orders from the Missouri 
State Implementation Plan, which is incorporated by reference in 
accordance with the requirements of 1 CFR part 51.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission

[[Page 44234]]

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).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the 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. Section 804, however, exempts from section 801 the 
following types of rules: rules of particular applicability; rules 
relating to agency management or personnel; and rules of agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). 
Because this is a rule of particular applicability, EPA is not required 
to submit a rule report regarding this action under section 801.
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 22, 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, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated:August 15, 2019.
Edward Chu,
Acting 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 (d) is amended by:
0
a. Revising entry ``(17)''; and
0
b. Adding entries ``(32)'' and ``(33)'' to the end of the table.
    The revision and additions read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (d) * * *

                            EPA-Approved Missouri Source-Specific Permits and Orders
----------------------------------------------------------------------------------------------------------------
                                                             State
          Name of source           Order/permit number  effective date   EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(17) St. Joseph Light & Power SO2  Consent Decree.....       5/21/2001  11/15/2001, 66 FR    Removed and
                                                                         57389 and 8/23/      replaced on 8/23/
                                                                         2019, [insert        2019 with (32) and
                                                                         Federal Register     (33).
                                                                         citation].
 
                                                  * * * * * * *
(32) Kansas City Power and Light-- Administrative            9/27/2018  8/23/2019, [insert   ...................
 Lake Road Facility.                Order on Consent                     Federal Register
                                    No. APCP-2015-118.                   citation].
(33) Kansas City Power and Light-- Amendment #1 to           9/27/2018  8/23/2019, [insert   ...................
 Lake Road Facility.                Administrative                       Federal Register
                                    Order on Consent                     citation].
                                    No. APCP-2015-118.
----------------------------------------------------------------------------------------------------------------


[[Page 44235]]

* * * * *

[FR Doc. 2019-18041 Filed 8-22-19; 8:45 am]
 BILLING CODE 6560-50-P
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