Air Plan Approval; Missouri; Rescission of Information on Sales of Fuels To Be Provided and Maintained and Certain Coals To Be Washed, 49661-49663 [2019-20321]
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Federal Register / Vol. 84, No. 184 / Monday, September 23, 2019 / Rules and Regulations
§ 52.770
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Identification of plan.
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EPA-APPROVED INDIANA REGULATIONS
Indiana citation
Indiana
effective
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EPA approval date
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Notes
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Article 7. Sulfur Dioxide Rules
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Rule 4. Emission Limitations and Requirements by County
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7–4–11.1 .................
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Morgan County sulfur dioxide emission
limitations.
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citation]
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EPA-APPROVED INDIANA NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Title
Indiana date
Explanation
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Indianapolis 2010 Sulfur Dioxide (SO2) Attainment
Plan.
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3/22/2019, 84 FR 10692 ........................................
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Morgan County 2010 Sulfur Dioxide (SO2) Attainment Plan.
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Terre Haute 2010 Sulfur Dioxide (SO2) Attainment
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[FR Doc. 2019–20130 Filed 9–20–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2019–0328; FRL–9999–
73—Region 7]
Air Plan Approval; Missouri;
Rescission of Information on Sales of
Fuels To Be Provided and Maintained
and Certain Coals To Be Washed
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
jbell on DSK3GLQ082PROD with RULES
EPA approval
The Environmental Protection
Agency (EPA) is approving two State
Implementation Plan (SIP) revision
submissions from the State of Missouri.
SUMMARY:
VerDate Sep<11>2014
17:37 Sep 20, 2019
Jkt 247001
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In these submissions, the State
requested that two rules relating to the
sales of fuel and coal washing be
rescinded from the Missouri SIP. The
EPA received both submissions on
December 4, 2018, and received
supplemental information for both
submissions on May 6, 2019. The EPA
reviewed the submissions and
supplemental information and
determined that rescission of these rules
from the SIP does not impact the
stringency of the SIP or air quality.
Approval of the submissions will ensure
consistency between state and federally
approved rules and is being done in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: This final rule is effective on
October 23, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2019–0328. All
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*
*
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–
E:\FR\FM\23SER1.SGM
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49662
Federal Register / Vol. 84, No. 184 / Monday, September 23, 2019 / Rules and Regulations
7016; email address casburn.tracey@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to 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 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 July 2, 2019, the EPA proposed the
rescission of two rules relating to the
sales of fuel and coal washing be
rescinded from the Missouri SIP in the
Federal Register. See 84 FR 31541. The
EPA solicited comments on the
proposed SIP revisions and received one
comment.
II. What is being addressed in this
document?
The EPA is approving two requests to
revise the Missouri SIP, received on
December 4, 2018. Supplemental
information for both submissions was
received on May 6, 2019. In the
submissions, the State requested that
two rules, found at Title 10, Division 10
of the code of state regulations (CSR)–
10 CSR 10–5.120 Information on Sales
of Fuels to be Provided and Maintained
and 10 CSR 10–5.130 Certain Coals to
be Washed- be rescinded from the
Missouri SIP. A detailed discussion of
the submissions was provided in the
EPA’s July 2, 2019, Federal Register
document and in a technical support
document (TSD) in the docket to this
action. See 84 FR 31541.
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 submissions 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 and addressed
one comment. The comment was from
the EPA and was general in nature. No
changes were made to the proposals to
rescind the rules in response to the
EPA’s comment. As explained in more
detail in the TSD, which is part of this
docket, the SIP revision submissions
met the substantive requirements of the
CAA, including section 110 and
implementing regulations.
IV. What is the EPA’s response to
comment received?
The public comment period opened
the date of the publication the EPA’s
proposed rule in the Federal Register,
July 2, 2019, and closed on August 1,
2019. During this period, the EPA
received one comment.
Comment: The commenter stated that
the EPA must perform it’s own search
of residential sources and positively
determine whether there are any
residences that burn coal or residual
fuel oil as a heating source, and, if the
EPA were to find a residential source, it
must evaluate any relaxations that could
occur by allowing the State to remove
the regulations from the SIP.
Response: The commenter is
concerned that the EPA did not fully
evaluate if rescinding the coal washing
and fuel sale receipt rules would result
in relaxations in air quality standards
because there may or may not be
residential consumers of coal and/or
fuel oil. As noted in the TSD (provided
in the docket to this rulemaking), the
EPA did not evaluate potential
emissions from residential consumers
because it and the state were not aware
of any. The rules pre-dated the CAA and
were promulgated to reduce impacts
from smoke and soot in the St. Louis
metropolitan area. When the rules were
promulgated in the 1960’s, inexpensive
bituminous coal, high in sulfur content
and ash, was in abundant supply in
nearby southern Illinois. Almost all
industrial and commercial facilities, as
well apartment buildings and singlefamily homes, burned this coal
contributing to the smoke problem in
the city. The rules were intended to
move consumers toward burning better
quality coal and fuel oil in the metro
area. 10 CSR 10–5.120 functioned
purely to monitor the sale of fuel oil and
coal and 10 CSR 10–5.130 required
consumers of coal with more than 2
percent sulfur and/or 12 percent ash to
wash the coal prior to burning it.
In order to address the commenter’s
concern regarding the EPA’s
consideration of impacts from
residential users, the EPA reviewed
historical household fuel use data
provided by the U.S. Census Bureau.1
As shown in Table 1, in 2000, there are
were no residential users of coal and
only 0.6 percent of households using
fuel oil, in all of Missouri. A review of
heating fuel use from 1940 to 2000
shows a significant decline in
residential fuel oil and coal usage and
a significant increase in residential use
of utility gas and electricity.
TABLE 1—MISSOURI HISTORICAL CENSUS—HOUSE HEATING FUEL USE
[Fuel use provided in percent]
Occupied
units
Year
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2000
1990
1980
1970
1960
1950
1940
......................................
......................................
......................................
......................................
......................................
......................................
......................................
Utility gas
2,194,594
1,961,206
1,793,399
1,520,567
1,359,973
1,162,305
1,049,033
57.5
60.4
65
67.8
51.3
24.5
4.7
Even if the EPA were to become aware
of a residential consumer of coal or fuel
oil in the St. Louis metropolatin area,
neither rule regulated emissions of
sulfur dioxide (SO2) or particulate
matter (PM), nor did the rules limit the
LP gas
Electricity
13.4
12
14.3
16.7
9.9
2
NA
24.5
18.1
11.7
2.9
0.4
0.2
NA
Fuel oil
0.6
1.5
3.5
8.7
17.1
15.8
3.5
amount of fuel oil or coal that could be
burned. There would not be a relaxation
in direct emissions from residential
consumers attributed to the rules’
rescission because, as mentioned, there
was no existing limitation on those
Coal
Wood
0
0
0.1
0.9
12.2
40.1
61.7
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No fuel
0.2
0.2
0.2
0.4
0.2
1.4
0.1
0.2
0.1
0
0.1
0.1
0.3
0.1
direct emissions. Additionally, the state
did not rely on 10 CSR 10–5.120 or 10
CSR 10–5.130 for any quantifiable
emission reductions in any plan to
attain or maintain any National Ambient
Air Quality Standard (NAAQS).
1 https://www.census.gov/hhes/www/housing/
census/historic/fuels.html.
VerDate Sep<11>2014
3.5
7.6
5.2
2.5
8.8
15.4
29.9
Other
E:\FR\FM\23SER1.SGM
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Federal Register / Vol. 84, No. 184 / Monday, September 23, 2019 / Rules and Regulations
V. What action is the EPA taking?
The EPA is ammending the Missouri
SIP by rescinding 10 CSR 10–5.120
Information on Sales of Fuels to be
Provided and Maintained and 10 CSR
10–5.130 Certain Coals to be Washed.
Approval of these revisions will ensure
consistency between State and
federally-approved rules. These
rescissions will not impact air quality
since the rules do not effectively limit
emissions or the amount of fuel that can
be burned and do not function to
achieve attainment or maintenance of
the National Ambient Air Quality
Standards (NAAQS).
VI. Incorporation by Reference
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
Regulations and Statutes from the
Missouri State Implementation Plan,
which is incorporated by reference in
accordance with the requirements of 1
CFR part 51.
jbell on DSK3GLQ082PROD with RULES
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,
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);
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16:27 Sep 20, 2019
Jkt 247001
• 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. 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 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
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Fmt 4700
Sfmt 4700
49663
enforce its requirements. (See section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Certain coals to be
washed, Incorporation by reference,
Information on fuel sales, Particulate
matter, Rescission, Sulfur dioxide.
Dated: September 11, 2019.
Mike Brincks,
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
§ 52.1320
[Amended]
2. In § 52.1320, the table in paragraph
(c) is amended by removing entries ‘‘10–
5.120’’ and ‘‘10–5.130’’ under the
heading ‘‘Chapter 5—Air Quality
Standards and Air Pollution Control
Regulations for the St. Louis
Metropolitan Area’’.
■
[FR Doc. 2019–20321 Filed 9–20–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2018–0673; FRL–9999–17–
Region 6]
Air Plan Approval; Texas;
Infrastructure for the 2015 Ozone
National Ambient Air Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Pursuant to the Clean Air Act
(CAA or the Act), the Environmental
Protection Agency (EPA) is approving
elements of two State Implementation
Plan (SIP) submissions from the State of
Texas for the 2015 Ozone National
Ambient Air Quality Standard
(NAAQS). These submittals address
how the existing SIP provides for
implementation, maintenance, and
enforcement of the 2015 ozone NAAQS
(infrastructure SIP or i-SIP).
DATES: This rule is effective on October
23, 2019.
SUMMARY:
E:\FR\FM\23SER1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 184 (Monday, September 23, 2019)]
[Rules and Regulations]
[Pages 49661-49663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20321]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2019-0328; FRL-9999-73--Region 7]
Air Plan Approval; Missouri; Rescission of Information on Sales
of Fuels To Be Provided and Maintained and Certain Coals To Be Washed
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving two
State Implementation Plan (SIP) revision submissions from the State of
Missouri. In these submissions, the State requested that two rules
relating to the sales of fuel and coal washing be rescinded from the
Missouri SIP. The EPA received both submissions on December 4, 2018,
and received supplemental information for both submissions on May 6,
2019. The EPA reviewed the submissions and supplemental information and
determined that rescission of these rules from the SIP does not impact
the stringency of the SIP or air quality. Approval of the submissions
will ensure consistency between state and federally approved rules and
is being done in accordance with the requirements of the Clean Air Act
(CAA).
DATES: This final rule is effective on October 23, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2019-0328. 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-
[[Page 49662]]
7016; email address [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to 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 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 July 2, 2019, the EPA proposed the rescission of two rules
relating to the sales of fuel and coal washing be rescinded from the
Missouri SIP in the Federal Register. See 84 FR 31541. The EPA
solicited comments on the proposed SIP revisions and received one
comment.
II. What is being addressed in this document?
The EPA is approving two requests to revise the Missouri SIP,
received on December 4, 2018. Supplemental information for both
submissions was received on May 6, 2019. In the submissions, the State
requested that two rules, found at Title 10, Division 10 of the code of
state regulations (CSR)-10 CSR 10-5.120 Information on Sales of Fuels
to be Provided and Maintained and 10 CSR 10-5.130 Certain Coals to be
Washed- be rescinded from the Missouri SIP. A detailed discussion of
the submissions was provided in the EPA's July 2, 2019, Federal
Register document and in a technical support document (TSD) in the
docket to this action. See 84 FR 31541.
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 submissions 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 and addressed one comment. The comment was from the EPA
and was general in nature. No changes were made to the proposals to
rescind the rules in response to the EPA's comment. As explained in
more detail in the TSD, which is part of this docket, the SIP revision
submissions met the substantive requirements of the CAA, including
section 110 and implementing regulations.
IV. What is the EPA's response to comment received?
The public comment period opened the date of the publication the
EPA's proposed rule in the Federal Register, July 2, 2019, and closed
on August 1, 2019. During this period, the EPA received one comment.
Comment: The commenter stated that the EPA must perform it's own
search of residential sources and positively determine whether there
are any residences that burn coal or residual fuel oil as a heating
source, and, if the EPA were to find a residential source, it must
evaluate any relaxations that could occur by allowing the State to
remove the regulations from the SIP.
Response: The commenter is concerned that the EPA did not fully
evaluate if rescinding the coal washing and fuel sale receipt rules
would result in relaxations in air quality standards because there may
or may not be residential consumers of coal and/or fuel oil. As noted
in the TSD (provided in the docket to this rulemaking), the EPA did not
evaluate potential emissions from residential consumers because it and
the state were not aware of any. The rules pre-dated the CAA and were
promulgated to reduce impacts from smoke and soot in the St. Louis
metropolitan area. When the rules were promulgated in the 1960's,
inexpensive bituminous coal, high in sulfur content and ash, was in
abundant supply in nearby southern Illinois. Almost all industrial and
commercial facilities, as well apartment buildings and single-family
homes, burned this coal contributing to the smoke problem in the city.
The rules were intended to move consumers toward burning better quality
coal and fuel oil in the metro area. 10 CSR 10-5.120 functioned purely
to monitor the sale of fuel oil and coal and 10 CSR 10-5.130 required
consumers of coal with more than 2 percent sulfur and/or 12 percent ash
to wash the coal prior to burning it.
In order to address the commenter's concern regarding the EPA's
consideration of impacts from residential users, the EPA reviewed
historical household fuel use data provided by the U.S. Census
Bureau.\1\ As shown in Table 1, in 2000, there are were no residential
users of coal and only 0.6 percent of households using fuel oil, in all
of Missouri. A review of heating fuel use from 1940 to 2000 shows a
significant decline in residential fuel oil and coal usage and a
significant increase in residential use of utility gas and electricity.
---------------------------------------------------------------------------
\1\ https://www.census.gov/hhes/www/housing/census/historic/fuels.html.
Table 1--Missouri Historical Census--House Heating Fuel Use
[Fuel use provided in percent]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Occupied
Year units Utility gas LP gas Electricity Fuel oil Coal Wood Other No fuel
--------------------------------------------------------------------------------------------------------------------------------------------------------
2000............................ 2,194,594 57.5 13.4 24.5 0.6 0 3.5 0.2 0.2
1990............................ 1,961,206 60.4 12 18.1 1.5 0 7.6 0.2 0.1
1980............................ 1,793,399 65 14.3 11.7 3.5 0.1 5.2 0.2 0
1970............................ 1,520,567 67.8 16.7 2.9 8.7 0.9 2.5 0.4 0.1
1960............................ 1,359,973 51.3 9.9 0.4 17.1 12.2 8.8 0.2 0.1
1950............................ 1,162,305 24.5 2 0.2 15.8 40.1 15.4 1.4 0.3
1940............................ 1,049,033 4.7 NA NA 3.5 61.7 29.9 0.1 0.1
--------------------------------------------------------------------------------------------------------------------------------------------------------
Even if the EPA were to become aware of a residential consumer of
coal or fuel oil in the St. Louis metropolatin area, neither rule
regulated emissions of sulfur dioxide (SO2) or particulate
matter (PM), nor did the rules limit the amount of fuel oil or coal
that could be burned. There would not be a relaxation in direct
emissions from residential consumers attributed to the rules'
rescission because, as mentioned, there was no existing limitation on
those direct emissions. Additionally, the state did not rely on 10 CSR
10-5.120 or 10 CSR 10-5.130 for any quantifiable emission reductions in
any plan to attain or maintain any National Ambient Air Quality
Standard (NAAQS).
[[Page 49663]]
V. What action is the EPA taking?
The EPA is ammending the Missouri SIP by rescinding 10 CSR 10-5.120
Information on Sales of Fuels to be Provided and Maintained and 10 CSR
10-5.130 Certain Coals to be Washed. Approval of these revisions will
ensure consistency between State and federally-approved rules. These
rescissions will not impact air quality since the rules do not
effectively limit emissions or the amount of fuel that can be burned
and do not function to achieve attainment or maintenance of the
National Ambient Air Quality Standards (NAAQS).
VI. Incorporation by Reference
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 Regulations and Statutes from the Missouri State
Implementation Plan, which is incorporated by reference in accordance
with the requirements of 1 CFR part 51.
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, 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. 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 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, Certain coals to
be washed, Incorporation by reference, Information on fuel sales,
Particulate matter, Rescission, Sulfur dioxide.
Dated: September 11, 2019.
Mike Brincks,
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
Sec. 52.1320 [Amended]
0
2. In Sec. 52.1320, the table in paragraph (c) is amended by removing
entries ``10-5.120'' and ``10-5.130'' under the heading ``Chapter 5--
Air Quality Standards and Air Pollution Control Regulations for the St.
Louis Metropolitan Area''.
[FR Doc. 2019-20321 Filed 9-20-19; 8:45 am]
BILLING CODE 6560-50-P
