Approval of Air Quality Improvement Plan, Operating Permits Program, and 112(l) Plan; Missouri; Operating Permits, 51418-51420 [2019-20670]
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51418
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Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Rules and Regulations
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Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219;
telephone number (913) 551–7164;
email address bredehoft.deborah@
epa.gov.
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[FR Doc. 2019–20676 Filed 9–27–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
40 CFR Parts 52 and 70
[EPA–R07–OAR–2019–0325; FRL 10000–14–
Region 7]
Approval of Air Quality Improvement
Plan, Operating Permits Program, and
112(l) Plan; Missouri; Operating
Permits
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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I. Background
II. What is being addressed in this document?
III. Have the requirements for approval of a
SIP revision and Operating Permits
Program been met?
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background
The Environmental Protection
Agency (EPA) is taking final action to
approve revisions to the State
Implementation Plan (SIP), the
Operating Permit Program (OPP), and
the 112(l) plan submitted on March 7,
2019, by the State of Missouri. The
submission revises Missouri’s
regulations relating to the requirement
for sources of air contaminants to obtain
operating permits and to establish
procedures for sources of air
contaminants to obtain and comply with
operating permits. These revisions are
primarily administrative in nature and
do not impact the stringency of the SIP,
the OPP, or the 112(l) plan. Specifically,
the revisions correct references, change
the term ‘‘regulated pollutant’’ to
‘‘regulated air pollutant’’, removes
unnecessary words, and add definitions.
Approval of these revisions will not
impact air quality and ensures Federal
enforceability of the State’s rules.
DATES: This final rule is effective on
October 30, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2019–0325. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional information.
FOR FURTHER INFORMATION CONTACT:
Deborah Bredehoft, Environmental
Protection Agency, Region 7 Office, Air
SUMMARY:
Table of Contents
On June 26, 2019, the EPA proposed
to approve revisions to the Missouri SIP
and Operating Permits Program and
112(l) plan in the Federal Register. See
84 FR 30068. The proposed revisions
correct references, change the term
‘‘regulated pollutant’’ to ‘‘regulated air
pollutant’’, removes unnecessary words,
and add definitions. The EPA solicited
comments on the proposed revisions to
Missouri’s SIP and Operating Permits
Program, and 112(l) plan, and received
no comments.
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 10–6.065,
Operating Permits received March 7,
2019. Missouri revised 10 CSR 10–6.065
to correct references and add
definitions.
A detailed discussion of the revision
to Missouri’s SIP and Operating Permits
Program was provided in the EPA’s June
26, 2019, Federal Register document.
See 84 FR 30068.
III. Have the requirements for approval
of a SIP revision and Operating Permits
Program 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
August 24, 2018, to October 4, 2018, and
received seven total comments with
three of those from the EPA. The State
adequately addressed the public
comments.
IV. What action is the EPA taking?
We are taking final action to approve
the revisions to Missouri’s SIP and
Operating Permits Program by
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approving the State’s request to amend
10 CSR 10–6.065, ‘‘Operating Permits.’’
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 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 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
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
1 62
E:\FR\FM\30SER1.SGM
FR 27968 (May 22, 1997).
30SER1
51419
Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Rules and Regulations
• 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 29, 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
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
40 CFR Part 70
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Operating permits, Reporting
and recordkeeping requirements.
Dated: September 18, 2019.
James Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the
preamble, the EPA amends 40 CFR parts
52 and 70 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 the entry
‘‘10–6.065’’ to read as follows:
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§ 52.1320
40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
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Identification of plan.
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(c) * * *
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EPA-APPROVED MISSOURI REGULATIONS
Missouri citation
State
effective date
Title
EPA approval date
Explanation
Missouri Department of Natural Resources
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Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of
Missouri
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10–6.065 .................
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Operating Permits ....
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3/30/2019
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9/30/2019, [insert Federal
Register citation].
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Authority: 42 U.S.C. 7401, et seq.
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PART 70—STATE OPERATING PERMIT
PROGRAMS
4. Appendix A to part 70 is amended
by adding paragraph (ii) under
‘‘Missouri’’ to read as follows:
■
3. The authority citation for part 70
continues to read as follows:
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Appendix A to Part 70—Approval
Status of State and Local Operating
Permits Programs
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Missouri
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Section (5) contains provisions pertaining only to
Missouri’s part 70 program and is not approved
as a revision to the SIP.
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Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Rules and Regulations
(ii) The Missouri Department of Natural
Resources submitted revisions to Missouri
rule 10 CSR 10–6.065, ‘‘Operating Permits’’
on March 7, 2019. The State effective date is
March 30, 2019. The revision is effective
October 30, 2019.
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[FR Doc. 2019–20670 Filed 9–27–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R03–OAR–2019–0262; FRL–10000–
27–Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Redesignation Requests
and Maintenance Plans for Delaware
County and Lebanon County 2012 Fine
Particulate Matter Areas
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving requests for
redesignation to attainment status as
well as state implementation plan (SIP)
revisions submitted by the
Commonwealth of Pennsylvania. On
January 23, 2019 and February 11, 2019,
respectively, the Pennsylvania
Department of Environmental Protection
(PADEP) submitted requests for EPA to
redesignate the Delaware County and
Lebanon County nonattainment areas
(the Delaware and Lebanon Areas or the
Areas) to attainment of the 2012 annual
fine particulate matter (PM2.5) national
ambient air quality standards (NAAQS).
EPA is granting PADEP’s requests and
determining that the Delaware and
Lebanon Areas meet the 2012 annual
PM2.5 NAAQS, based on the most recent
three years of certified air quality data.
The effect of this action is to change the
designation status of the Delaware and
Lebanon Areas from nonattainment to
attainment for the 2012 annual PM2.5
NAAQS, thereby removing the
requirement for a nonattainment new
source review (NNSR) permitting
program and stopping the sanctions
clock associated with a finding of failure
to submit NNSR updates for the 2012
annual PM2.5 NAAQS. EPA is also
approving PADEP’s plans to ensure that
the Delaware and Lebanon Areas
continue to meet the 2012 PM2.5
NAAQS through 2030 (maintenance
plans) as revisions to the Pennsylvania
SIP. The maintenance plans for the
Delaware and Lebanon Areas include
2014, 2022, and 2030 motor vehicle
emissions budgets (MVEBs) for mobile
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sources of PM2.5 and nitrogen oxides
(NOX). Finally, EPA is finding these
2014, 2022, and 2030 MVEBs for PM2.5
and NOX adequate and is approving
these MVEBs into the Pennsylvania SIP
for transportation conformity purposes.
This action is being taken under the
Clean Air Act (CAA).
DATES: This final rule is effective on
October 30, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2019–0262. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Maria A. Pino, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. The telephone number is (215)
814–2181. Ms. Pino can also be reached
via electronic mail at pino.maria@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On December 18, 2014, the EPA
Administrator signed a final action
promulgating initial designations for the
2012 primary PM2.5 NAAQS based on
2011–2013 air quality monitoring data
for the majority of the United States. 80
FR 2206 (January 15, 2015). In that
action, the Delaware Area, which
consists of Delaware County,
Pennsylvania, and the Lebanon Area,
which consists of Lebanon County,
Pennsylvania, were designated as
moderate nonattainment areas for the
2012 annual PM2.5 NAAQS. See 40 CFR
81.339.
On April 6, 2018, EPA published a
‘‘finding of failure to submit’’ required
SIP elements for the 2012 annual PM2.5
NAAQS for several nonattainment areas
nationwide, including the Delaware and
Lebanon Areas. See 83 FR 14759. EPA’s
finding of failure to submit, effective
May 7, 2018, included a determination
that Pennsylvania had not met its
obligations for the NNSR permit
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program because Pennsylvania did not
regulate emissions of volatile organic
compounds (VOCs) and ammonia (NH3)
as PM2.5 precursors. Sanctions
associated with this finding for the
Delaware and Lebanon Areas will take
effect on November 7, 2019, unless EPA
fully approves the Pennsylvania’s
redesignation requests by November 7,
2019. As NNSR is not required in
attainment areas, upon final
redesignation of the Delaware and
Lebanon Areas to attainment, the NNSR
updates will no longer be required for
the Areas, thus nullifying the findings of
failure to submit and stopping the
sanctions clock.
On January 23, 2019 and February 11,
2019, respectively, PADEP submitted
requests for EPA to redesignate the
Delaware and Lebanon Areas to
attainment of the 2012 annual PM2.5
NAAQS. Section 107(d)(3)(E) of the
CAA allows redesignation of an area to
attainment of the NAAQS provided that:
(1) The Administrator (EPA) determines
that the area has attained the applicable
NAAQS; (2) the Administrator has fully
approved the applicable
implementation plan for the area under
section 110(k) of the CAA; (3) the
Administrator determines that the
improvement in air quality is due to
permanent and enforceable reductions
in emissions resulting from
implementation of the applicable SIP,
applicable Federal air pollutant control
regulations, and other permanent and
enforceable emission reductions; (4) the
Administrator has fully approved a
maintenance plan for the area as
meeting the requirements of section
175A of the CAA; and (5) the state
containing the area has met all
requirements applicable to the area for
purposes of redesignation under section
110 and part D of title I of the CAA. EPA
evaluated Pennsylvania’s redesignation
requests for the Delaware and Lebanon
County Areas and determined that they
met these criteria. Therefore, EPA
proposed approval of Pennsylvania’s
redesignation requests and the
associated maintenance plans for the
Delaware and Lebanon County Areas in
a notice of proposed pulemaking
(NPRM) on July 16, 2019 (84 FR 33886).
II. Summary of SIP Revision and EPA
Analysis
EPA is taking several actions related
to the redesignation of the Delaware and
Lebanon Areas to attainment of the 2012
annual PM2.5 NAAQS. EPA is finding
that the Delaware and Lebanon
moderate nonattainment areas are
attaining the 2012 annual PM2.5
NAAQS. EPA is approving
Pennsylvania’s 2012 annual PM2.5
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[Federal Register Volume 84, Number 189 (Monday, September 30, 2019)]
[Rules and Regulations]
[Pages 51418-51420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20670]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R07-OAR-2019-0325; FRL 10000-14-Region 7]
Approval of Air Quality Improvement Plan, Operating Permits
Program, and 112(l) Plan; Missouri; Operating Permits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the State Implementation Plan (SIP), the
Operating Permit Program (OPP), and the 112(l) plan submitted on March
7, 2019, by the State of Missouri. The submission revises Missouri's
regulations relating to the requirement for sources of air contaminants
to obtain operating permits and to establish procedures for sources of
air contaminants to obtain and comply with operating permits. These
revisions are primarily administrative in nature and do not impact the
stringency of the SIP, the OPP, or the 112(l) plan. Specifically, the
revisions correct references, change the term ``regulated pollutant''
to ``regulated air pollutant'', removes unnecessary words, and add
definitions. Approval of these revisions will not impact air quality
and ensures Federal enforceability of the State's rules.
DATES: This final rule is effective on October 30, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2019-0325. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, i.e., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through https://www.regulations.gov or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional information.
FOR FURTHER INFORMATION CONTACT: Deborah Bredehoft, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-
7164; 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 and
Operating Permits Program been met?
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background
On June 26, 2019, the EPA proposed to approve revisions to the
Missouri SIP and Operating Permits Program and 112(l) plan in the
Federal Register. See 84 FR 30068. The proposed revisions correct
references, change the term ``regulated pollutant'' to ``regulated air
pollutant'', removes unnecessary words, and add definitions. The EPA
solicited comments on the proposed revisions to Missouri's SIP and
Operating Permits Program, and 112(l) plan, and received no comments.
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 10-6.065, Operating Permits received
March 7, 2019. Missouri revised 10 CSR 10-6.065 to correct references
and add definitions.
A detailed discussion of the revision to Missouri's SIP and
Operating Permits Program was provided in the EPA's June 26, 2019,
Federal Register document. See 84 FR 30068.
III. Have the requirements for approval of a SIP revision and Operating
Permits Program 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 August 24, 2018,
to October 4, 2018, and received seven total comments with three of
those from the EPA. The State adequately addressed the public comments.
IV. What action is the EPA taking?
We are taking final action to approve the revisions to Missouri's
SIP and Operating Permits Program by approving the State's request to
amend 10 CSR 10-6.065, ``Operating Permits.''
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 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 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\
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\1\ 62 FR 27968 (May 22, 1997).
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VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
[[Page 51419]]
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 29, 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
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.
40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
Reporting and recordkeeping requirements.
Dated: September 18, 2019.
James Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA amends 40 CFR parts
52 and 70 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
the entry ``10-6.065'' to read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
State EPA approval
Missouri citation Title effective date date Explanation
----------------------------------------------------------------------------------------------------------------
Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------
* * * * * * *
10-6.065.................. Operating Permits.......... 3/30/2019 9/30/2019, Section (5) contains
[insert Federal provisions
Register pertaining only to
citation]. Missouri's part 70
program and is not
approved as a
revision to the SIP.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
PART 70--STATE OPERATING PERMIT PROGRAMS
0
3. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
4. Appendix A to part 70 is amended by adding paragraph (ii) under
``Missouri'' to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Missouri
* * * * *
[[Page 51420]]
(ii) The Missouri Department of Natural Resources submitted
revisions to Missouri rule 10 CSR 10-6.065, ``Operating Permits'' on
March 7, 2019. The State effective date is March 30, 2019. The
revision is effective October 30, 2019.
* * * * *
[FR Doc. 2019-20670 Filed 9-27-19; 8:45 am]
BILLING CODE 6560-50-P
