Air Plan Approval; Missouri; Compliance Monitoring Usage, 46892-46895 [2019-19072]
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46892
Federal Register / Vol. 84, No. 173 / Friday, September 6, 2019 / Rules and Regulations
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See CAA
section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Regional haze, Reporting and
recordkeeping requirements, Sulfur
oxides, Visibility, Volatile organic
compounds.
Dated: August 28, 2019.
Andrew R. Wheeler,
EPA Administrator.
40 CFR part 52 is amended as follows:
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.
110(a)(2) Infrastructure Requirements
for the 2006 24-Hour PM2.5 NAAQS,’’
‘‘Section 110(a)(2) Infrastructure
Requirements for the 2008 8-Hour
Ozone NAAQS,’’ ‘‘Section 110(a)(2)
Infrastructure Requirements for the 2010
NO2 NAAQS,’’ ‘‘Section 110(a)(2)
Infrastructure Requirements for the 2010
SO2 NAAQS,’’ and ‘‘Section 110(a)(2)(D)
Infrastructure Requirements for the 2012
PM2.5 NAAQS’’ to read as follows:
§ 52.770
2. In § 52.770, the table in paragraph
(e) is amended by revising the entries
for ‘‘Regional Haze Plan,’’ ‘‘Section
■
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED INDIANA NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Title
Indiana date
*
*
Regional Haze Plan .........................................
*
*
11/27/2017 ..............................
*
*
9/6/2019, [Insert Federal Reg- Full Approval.
ister citation].
*
*
*
Section 110(a)(2) Infrastructure Requirements
for the 2006 24-Hour PM2.5 NAAQS.
*
*
10/20/2009, 6/25/2012, 7/12/
2012, 5/22/2013, and 11/27/
2017.
*
*
9/6/2019, [Insert Federal Reg- Full Approval.
ister citation].
*
*
*
Section 110(a)(2) Infrastructure Requirements
for the 2008 8-Hour Ozone NAAQS.
Section 110(a)(2) Infrastructure Requirements
for the 2010 NO2 NAAQS.
Section 110(a)(2) Infrastructure Requirements
for the 2010 SO2 NAAQS.
*
*
12/12/2011 and 11/27/2017 ...
*
*
*
9/6/2019, [Insert Federal Reg- Full Approval.
ister citation].
9/6/2019, [Insert Federal Reg- Full Approval.
ister citation].
9/6/2019, [Insert Federal Reg- All elements have been adister citation].
dressed except:
110(a)(2)(D)(i)(I).
9/6/2019, [Insert Federal Reg- All elements have been adister citation].
dressed except:
110(a)(2)(D)(i)(I).
Section 110(a)(2)(D) Infrastructure Requirements for the 2012 PM2.5 NAAQS.
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPA–R07–OAR–2019–0315; FRL–9998–90–
Region 7]
Air Plan Approval; Missouri;
Compliance Monitoring Usage
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a Missouri State
Implementation Plan (SIP) revision
submission received on February 15,
2019. The submission revises a Missouri
SIP approved regulation that establishes
alternate monitoring methods for
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SUMMARY:
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1/15/2013 and 11/27/2017 .....
5/22/2013 and 11/27/2017 .....
6/10/2016 and 11/27/2017 .....
*
[FR Doc. 2019–19189 Filed 9–5–19; 8:45 am]
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EPA approval
*
*
certifying compliance and alternate
methods to establish whether a violation
has occurred at a source. These
revisions are administrative in nature
and do not impact the stringency of the
SIP or air quality. Approval of these
revisions will ensure consistency
between state and federally-approved
rules. The EPA’s approval of this rule
revision is being done in accordance
with the requirements of the Clean Air
Act (CAA).
DATES: This final rule is effective on
October 7, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2019–0315. 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
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Explanation
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*
*
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:
Tracey Casburn, Environmental
Protection Agency, Region 7 Office, Air
Quality and Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas
66219; telephone number (913) 551–
7016; email address casburn.tracey@
epa.gov.
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?
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Federal Register / Vol. 84, No. 173 / Friday, September 6, 2019 / Rules and Regulations
IV. What is the EPA’s response to comment
received?
V. What action is the EPA taking?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. Background
On June 5, 2019, the EPA proposed
approval of revisions to the Missouri
SIP in the Federal Register that amend
a SIP approved rule that establishes
alternate monitoring methods for
certifying compliance and alternate
methods to establish whether a violation
has occurred at a source. See 84 FR
26047. The EPA solicited comments on
the proposed SIP revision and received
one comment.
II. What is being addressed in this
document?
The EPA is approving a revision to
Missouri’s SIP by approving the state’s
request to revise 10 CSR 10–6.280,
Compliance Monitoring Usage, received
February 15, 2019. The revisions are
administrative in nature and do not
impact air quality. Specifically, the
revisions to the rule: Clarify that there
are no definitions specific to the rule;
add language clarifying the date of an
incorporation by reference (IBR) and
where the public can get a copy of the
IBR; add a state rule to the list of state
rules that presumptively identify
credible testing, monitoring, or
information gathering methods; and
make other minor edits. A detailed
discussion of the revision was provided
in the EPA’s June 5, 2019, Federal
Register document and in a technical
support document (TSD) that is
available in the docket to this action.
See 84 FR 26047.
jspears on DSK3GMQ082PROD with RULES
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 code of
Federal regulations (CFR) at 40 CFR
51.102. The submission also satisfied
the completeness criteria of 40 CFR part
51, appendix V. The state provided
public notice of the revisions from June
15, 2018, to September 6, 2018, and
held a public hearing on August 30,
2018. The state received one comment;
the comment was from the EPA and was
a general comment regarding SIP
revisions. No changes were made to the
proposed rule text in response to the
EPA’s comment. The SIP revision
submission met the substantive
requirements of the CAA, including
section 110 and implementing
regulations.
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IV. What is the EPA’s response to
comment received?
Comment: The commenter stated that
the EPA was incorrect when it
identified 1 CFR part 51 as requiring the
addition of the incorporation date and
the location where copies can be found
when including information by
reference. The commenter interpreted 1
CFR part 51 as not applying to states
incorporating federal rules and only
applying to the federal government
incorporating documents into the CFR.
The commenter also asserted that by
adding a date of incorporation, the State
was limiting itself from the most recent
version of the CFR. The commenter
suggested that the EPA not approve the
IBR revision unless it is able to
determine what parts of 40 CFR part 64
could not be used if a revision to 40 CFR
part 64 occurred after the state’s IBR
date of July 1, 2018.
Response: The EPA acknowledges
that it could have been clearer in its
TSD (in the docket to this notice)
regarding the requirements to IBR. The
EPA is now providing this additional
information to clarify the IBR in this
rulemaking. Chapter 536 of the Revised
Statues of the State of Missouri (RSMo)
states that ‘‘[a]n agency may incorporate
by reference rules, regulations,
standards, and guidelines of an agency
of the United States or a nationally or
state-recognized organization or
association without publishing the
material in full. The reference in the
agency rules shall fully identify the
incorporated material by publisher,
address, and date in order to specify
how a copy of the material may be
obtained, and shall state that the
referenced rule, regulation, standard, or
guideline does not include any later
amendments or additions’’. Chapter 643
of RSMo requires the Missouri Air
Conservation Commission to adopt
regulations in accordance with Chapter
536 of the RSMo. Chapter 643 of the
RSMo is incorporated by reference into
the SIP at 40 CFR 52.1322(c)(69)(ii)(A).
The previous version of this rule did not
include a date of the referenced
material, where the material could be
obtained, or indicate that the reference
did not include any later amendments
or additions. By revising the rule to
incorporate a date by reference, the
Missouri Department of Natural
Resources was coming into compliance
with its own statute.
Additionally, 1 CFR part 51 requires
the Agency to meet certain requirements
to incorporate materials, such as state
regulations, by reference into the SIP.
These requirements include providing
an effective date of the material being
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46893
incorporated. The EPA previously
incorporated 10 CSR 10–6.280
Compliance Monitoring Usage into the
SIP in 2001 (66 FR 27028). This SIP
revision updates that incorporation by
reference to include the updated
effective date. The state rule language
limits the incorporated material to the
40 CFR part 64 rule language effective
on July 1, 2018. July 1, 2018 is the
annual publication date of the CFR.
Citations to updates of the federal rule
(rule updates are published in the
Federal Register) are provided in the
text of the CFR. The state will not
include later amendments to 40 CFR
part 64 without first going through the
SIP revision process.
V. What action is the EPA taking?
We are taking final action to approve
the revisions to 10 CSR 10–6.280
Compliance Monitoring Usage into the
SIP.
VI. 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 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 State implementation plan, 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 the EPA’s approval,
and will be incorporated by reference in
the next update to the SIP compilation.1
VII. 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, the
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
1 62
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FR 27968 (May 22, 1997).
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Federal Register / Vol. 84, No. 173 / Friday, September 6, 2019 / Rules and Regulations
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 the 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. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 5, 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: August 26, 2019.
Edward Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the
preamble, the EPA is amending 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 revising entry for
‘‘10–6.280’’ to read as follows:
■
§ 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
*
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[FR Doc. 2019–19072 Filed 9–5–19; 8:45 am]
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BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 84, Number 173 (Friday, September 6, 2019)]
[Rules and Regulations]
[Pages 46892-46895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19072]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
EPA-R07-OAR-2019-0315; FRL-9998-90-Region 7]
Air Plan Approval; Missouri; Compliance Monitoring Usage
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a Missouri State Implementation Plan (SIP) revision
submission received on February 15, 2019. The submission revises a
Missouri SIP approved regulation that establishes alternate monitoring
methods for certifying compliance and alternate methods to establish
whether a violation has occurred at a source. These revisions are
administrative in nature and do not impact the stringency of the SIP or
air quality. Approval of these revisions will ensure consistency
between state and federally-approved rules. The EPA's approval of this
rule revision is being done in accordance with the requirements of the
Clean Air Act (CAA).
DATES: This final rule is effective on October 7, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2019-0315. 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: Tracey Casburn, Environmental
Protection Agency, Region 7 Office, Air Quality and Planning Branch,
11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number (913)
551-7016; 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?
[[Page 46893]]
IV. What is the EPA's response to comment received?
V. What action is the EPA taking?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. Background
On June 5, 2019, the EPA proposed approval of revisions to the
Missouri SIP in the Federal Register that amend a SIP approved rule
that establishes alternate monitoring methods for certifying compliance
and alternate methods to establish whether a violation has occurred at
a source. See 84 FR 26047. The EPA solicited comments on the proposed
SIP revision and received one comment.
II. What is being addressed in this document?
The EPA is approving a revision to Missouri's SIP by approving the
state's request to revise 10 CSR 10-6.280, Compliance Monitoring Usage,
received February 15, 2019. The revisions are administrative in nature
and do not impact air quality. Specifically, the revisions to the rule:
Clarify that there are no definitions specific to the rule; add
language clarifying the date of an incorporation by reference (IBR) and
where the public can get a copy of the IBR; add a state rule to the
list of state rules that presumptively identify credible testing,
monitoring, or information gathering methods; and make other minor
edits. A detailed discussion of the revision was provided in the EPA's
June 5, 2019, Federal Register document and in a technical support
document (TSD) that is available in the docket to this action. See 84
FR 26047.
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 code of Federal regulations (CFR) at 40
CFR 51.102. The submission also satisfied the completeness criteria of
40 CFR part 51, appendix V. The state provided public notice of the
revisions from June 15, 2018, to September 6, 2018, and held a public
hearing on August 30, 2018. The state received one comment; the comment
was from the EPA and was a general comment regarding SIP revisions. No
changes were made to the proposed rule text in response to the EPA's
comment. The SIP revision submission met the substantive requirements
of the CAA, including section 110 and implementing regulations.
IV. What is the EPA's response to comment received?
Comment: The commenter stated that the EPA was incorrect when it
identified 1 CFR part 51 as requiring the addition of the incorporation
date and the location where copies can be found when including
information by reference. The commenter interpreted 1 CFR part 51 as
not applying to states incorporating federal rules and only applying to
the federal government incorporating documents into the CFR. The
commenter also asserted that by adding a date of incorporation, the
State was limiting itself from the most recent version of the CFR. The
commenter suggested that the EPA not approve the IBR revision unless it
is able to determine what parts of 40 CFR part 64 could not be used if
a revision to 40 CFR part 64 occurred after the state's IBR date of
July 1, 2018.
Response: The EPA acknowledges that it could have been clearer in
its TSD (in the docket to this notice) regarding the requirements to
IBR. The EPA is now providing this additional information to clarify
the IBR in this rulemaking. Chapter 536 of the Revised Statues of the
State of Missouri (RSMo) states that ``[a]n agency may incorporate by
reference rules, regulations, standards, and guidelines of an agency of
the United States or a nationally or state-recognized organization or
association without publishing the material in full. The reference in
the agency rules shall fully identify the incorporated material by
publisher, address, and date in order to specify how a copy of the
material may be obtained, and shall state that the referenced rule,
regulation, standard, or guideline does not include any later
amendments or additions''. Chapter 643 of RSMo requires the Missouri
Air Conservation Commission to adopt regulations in accordance with
Chapter 536 of the RSMo. Chapter 643 of the RSMo is incorporated by
reference into the SIP at 40 CFR 52.1322(c)(69)(ii)(A). The previous
version of this rule did not include a date of the referenced material,
where the material could be obtained, or indicate that the reference
did not include any later amendments or additions. By revising the rule
to incorporate a date by reference, the Missouri Department of Natural
Resources was coming into compliance with its own statute.
Additionally, 1 CFR part 51 requires the Agency to meet certain
requirements to incorporate materials, such as state regulations, by
reference into the SIP. These requirements include providing an
effective date of the material being incorporated. The EPA previously
incorporated 10 CSR 10-6.280 Compliance Monitoring Usage into the SIP
in 2001 (66 FR 27028). This SIP revision updates that incorporation by
reference to include the updated effective date. The state rule
language limits the incorporated material to the 40 CFR part 64 rule
language effective on July 1, 2018. July 1, 2018 is the annual
publication date of the CFR. Citations to updates of the federal rule
(rule updates are published in the Federal Register) are provided in
the text of the CFR. The state will not include later amendments to 40
CFR part 64 without first going through the SIP revision process.
V. What action is the EPA taking?
We are taking final action to approve the revisions to 10 CSR 10-
6.280 Compliance Monitoring Usage into the SIP.
VI. 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 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 State implementation plan, 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 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).
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VII. 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, the 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
[[Page 46894]]
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 the 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. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 5, 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: August 26, 2019.
Edward Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA is amending 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 revising
entry for ``10-6.280'' 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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
10-6.280................... Compliance Monitoring 2/28/2019 9/6/2019, [insert ......................
Usage. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 46895]]
* * * * *
[FR Doc. 2019-19072 Filed 9-5-19; 8:45 am]
BILLING CODE 6560-50-P
