80_FR_11364 80 FR 11323 - Air Quality State Implementation Plans; Approval and Promulgation: Missouri; St. Louis Inspection and Maintenance Program

80 FR 11323 - Air Quality State Implementation Plans; Approval and Promulgation: Missouri; St. Louis Inspection and Maintenance Program

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 41 (March 3, 2015)

Page Range11323-11326
FR Document2015-04271

The Environmental Protection Agency (EPA) is taking final action to approve revisions to the State Implementation Plan (SIP) submitted by the State of Missouri relating to its vehicle Inspection and Maintenance (I/M) Program. On August 16, 2007, and December 7, 2007, the Missouri Department of Natural Resources (MDNR) requested to amend the SIP to replace the St. Louis centralized vehicle test program, called the Gateway Clean Air Program (GCAP), with a de- centralized, OBD-only vehicle I/M program called the Gateway Vehicle Inspection Program (GVIP). In this action, EPA is also approving three additional SIP revisions submitted by Missouri related to the state's I/M program including: Exemptions for specially constructed vehicles or ``kit-cars,'' exemptions for Plugin Hybrid Electric Vehicles (PHEV), and rescission of Missouri State Highway Patrol rules from the Missouri SIP. These revisions to Missouri's SIP do not have an adverse effect on air quality as demonstrated in the technical support document which is a part of this docket. EPA's approval of these SIP revisions is being done in accordance with the requirements of the Clean Air Act (CAA).

Federal Register, Volume 80 Issue 41 (Tuesday, March 3, 2015)
[Federal Register Volume 80, Number 41 (Tuesday, March 3, 2015)]
[Rules and Regulations]
[Pages 11323-11326]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-04271]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2014-0399; FRL-9923-66-Region 7]


Air Quality State Implementation Plans; Approval and 
Promulgation: Missouri; St. Louis Inspection and Maintenance Program

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve revisions to the State Implementation Plan (SIP) 
submitted by the State of Missouri relating to its vehicle Inspection 
and Maintenance (I/M) Program. On August 16, 2007, and December 7, 
2007, the Missouri Department of Natural Resources (MDNR) requested to 
amend the SIP to replace the St. Louis centralized vehicle test 
program, called the Gateway Clean Air Program (GCAP), with a de-
centralized, OBD-only vehicle I/M program called the Gateway Vehicle 
Inspection Program (GVIP). In this action, EPA is also approving three 
additional SIP revisions submitted by Missouri related to the state's 
I/M program including: Exemptions for specially constructed vehicles or 
``kit-cars,'' exemptions for Plugin Hybrid Electric Vehicles (PHEV), 
and rescission of Missouri State Highway Patrol rules from the Missouri 
SIP.
    These revisions to Missouri's SIP do not have an adverse effect on 
air quality as demonstrated in the technical support document which is 
a part of this docket. EPA's approval of these SIP revisions is being 
done in accordance with the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on April 2, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2014-0399. All documents in the docket are listed on 
the www.regulations.gov Web site. 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 either electronically through 
www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219. The Regional Office's official hours of business 
are Monday

[[Page 11324]]

through Friday, 8:00 a.m. to 4:30 p.m. excluding Federal holidays. The 
interested persons wanting to examine these documents should make an 
appointment with the office at least 24 hours in advance.

FOR FURTHER INFORMATION CONTACT: Steven Brown, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219 at 913-551-7718, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' refer to EPA. This section provides additional information by 
addressing the following:

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. EPA's response to comments.
IV. What action is EPA taking?

I. What is being addressed in this document?

    EPA is approving revisions to the St. Louis vehicle I/M program to 
replace the centralized, transient I/M240 vehicle I/M program (GCAP) 
with the de-centralized, OBD-only, vehicle I/M program (GVIP). MDNR 
submitted to EPA five SIP revision submissions to address the vehicle 
I/M program replacement and associated state rule, plus one 
supplemental demonstration. They are as follows:
    On August 16, 2007, MDNR requested that Missouri Rule 10 CSR 10-
5.380, ``Motor Vehicle Emissions Inspection'' be rescinded and replaced 
with rule 10 CSR 10-5.381, ``On-Board Diagnostics Motor Vehicle 
Emissions Inspection.'' In that same submittal letter, MDNR also 
requested that Missouri Rule 10 CSR 10-5.375, ``Motor Vehicles 
Emissions Inspection Waiver'' be rescinded. EPA is not taking any 
action on 10 CSR 10-5.375 as it is being replaced in its entirety with 
the GVIP I/M program, Missouri Rule 10 CSR 10-5.381.
    On December 14, 2007, MDNR submitted the new GVIP plan and 
performance standard demonstration to show that the GVIP program meets 
the basic requirements as described in 40 CFR part 51 subpart S. This 
submission also requests that EPA approve the plan to replace the GCAP 
I/M program with the new GVIP program.
    On December 21, 2007, Missouri submitted a revision requesting that 
the Missouri State Highway Patrol rules be removed from the Missouri 
SIP because the new rule, 10 CSR 10-5.381, does not rely on the 
Missouri Highway Patrol rules for enforcement. More details can be 
found in the technical support document that is a part of this docket.
    On January 2, 2009, MDNR submitted a required supplemental 
demonstration for I/M network type and program evaluation as required 
by 40 CFR 51.353. This demonstration is required within one year after 
the I/M program begins.
    On June 17, 2009, Missouri submitted a revision to I/M rule 10 CSR 
10-5.381 which includes minor clarification edits and exempts specially 
constructed vehicles or ``kit-cars'' from the rule.
    On December 10, 2012, Missouri submitted a revision to exempt 
Plugin Hybrid Electric Vehicles (PHEV) from the I/M program as codified 
in rule 10 CSR 10-5.381.
    As part of our review, EPA performed a separate analysis of all the 
state's SIP submissions and a cumulative air quality analysis as 
documented in the technical support document that is part of this 
docket. EPA's analysis shows that these SIP revisions do not adversely 
affect air quality in the St. Louis area and are approvable.

II. Have the requirements for approval of a SIP revision been met?

    The state submission has met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. The submission also 
satisfied the completeness criteria of 40 CFR part 51, appendix V. In 
addition, as explained above and in more detail in the technical 
support document which is part of this docket, the revision meets the 
substantive SIP requirements of the CAA, including section 110 and 
implementing regulations.

III. EPA's Response to Comments

    The public comment period on EPA's proposed rule opened December 
28, 2014, the date of its publication in the Federal Register, and 
closed on January 29, 2015. During this period, EPA received five 
comments from one anonymous commenter.
    Comment 1: The commenter contends that while no action is necessary 
with regards to removing Missouri Rule 10 CSR 10-5.375 from the SIP 
because Missouri is replacing the GCAP program with the GVIP program, 
EPA incorrectly stated that Missouri Rule 10 CSR 10-5.375 was not part 
of the SIP.
    Response 1: EPA agrees with the commenter that 10 CSR 10-5.375 was 
included in list number 47 in 40 CFR 52.1320(e) under ``Vehicle I/M 
Program'' and also should have been listed in 40 CFR 52.1320(c) but was 
not. EPA also agrees that no action is necessary to remove 10 CSR 10-
5.375 from the SIP as the GCAP I/M program is being wholly replaced 
with the GVIP I/M program. Therefore, no action is necessary on 
Missouri's request to remove Missouri rule CSR 10-5.375 from the SIP.
    Comment 2: The commenter contends that the analysis performed to 
show that the new I/M program meets the performance standard did not 
account for the removal of both the IM240 and single speed idle test 
and therefore was done improperly.
    Response 2: Missouri is not required to include a performance 
standard test for IM240 and single speed idle testing as Missouri is 
only required to meet the Basic Performance Standard test set forth by 
EPA. The reason for the performance standard testing was to give an 
indication of whether or not the GVIP program would satisfy the minimum 
requirements of EPA's I/M rule. The GVIP program's modeling parameters 
used by Missouri during this Basic Performance Standard test analysis 
were correctly identified and performed adequately. The technical 
support document (TSD) supplied in the docket reviews the performance 
standard test results and also includes a section 110(l) modeling 
exercise that compares the GCAP and GVIP I/M programs emissions 
results.
    Comment 3: The commenter states that portions of the St. Louis area 
are required to have an enhanced I/M program as part of the 1-hour 
ozone maintenance plan which covers the second ten-year maintenance 
plan and beyond. The commenter says that this means that until Missouri 
has demonstrated that the enhanced I/M program is no longer necessary, 
and EPA approves this demonstration, the St. Louis area is still 
required to have an enhanced I/M program.
    Response 3: Under the 1-hour standard, the St. Louis area was 
classified as moderate non-attainment and was only required to do a 
basic I/M program. At the time the GCAP was approved, its emission 
reductions were compared to those that would be achieved by the basic 
I/M performance standard and were found to exceed the performance 
standard. Because the GCAP program met the applicable performance 
standard as well as providing the additional emission reductions 
required under the attainment plan, it was approved. Today's action, 
among other things, is approving the replacement of the GCAP program 
with the GVIP program which has also been found to meet the minimum 
basic program requirements but also achieves greater emission 
reductions than the GCAP program it replaces as demonstrated by the 
section 110(l) analysis included in the TSD in the docket for today's 
action. The GVIP

[[Page 11325]]

program meets all the requirements previously met by the GCAP when it 
was approved into the SIP. Today's action does not weaken or remove the 
I/M program from the SIP as demonstrated in the TSD, contrary to what 
is implied by the commenter. Additionally, Missouri relies on the GVIP 
program and it is specifically relied upon in the St. Louis area's 1997 
8-hour ozone maintenance plan.
    Comment 4: The commenter states that Missouri's emissions analysis 
uses the outdated EPA mobile model, MOBILE-6, and that because Missouri 
submitted this SIP revision over five years ago and EPA has not acted 
on it, the burden should be on EPA to perform an additional analysis 
utilizing the updated EPA mobile model, MOVES2014.
    Response 4: EPA did perform an additional modeling analysis 
utilizing MOVES2014 to compare the GCAP and GVIP I/M program 
differences for control efficiency and emissions results for the St. 
Louis area. The results show that the GVIP program achieves greater 
emission reductions than the GCAP program. These results can be found 
in the TSD which is part of this docket.
    Comment 5: The commenter states that EPA should perform an 
additional modeling analysis that uses the performance standard in the 
February 2014 guidance document EPA-420-B-14-006. The commenter further 
states that by using this guidance any analysis will show that the 
removal of the IM240 test and single speed idle test will result in a 
loss of NOX and VOC emission reductions and that losses will 
need to be compensated for with other emission reduction measures.
    Response 5: Additional performance standard modeling is only 
required if changes are made to an approved I/M program prior to 
attaining the standard for which the program was adopted (section 4.0, 
EPA guidance document: EPA-420-B-14-006). Missouri has attained the 
standard(s) for which the program was adopted. Once an area goes from 
being a nonattainment area to an attainment and maintenance area, the 
only analysis required when changing an I/M program is to estimate the 
shortfall, if any, created by the change as part of a required 110(l) 
demonstration. The 110(l) demonstration modeling contained in the TSD, 
provided in the docket, was performed using the February 2014 guidance 
cited in the comment and shows that there was no shortfall created by 
the change from the GCAP to the GVIP which is being approved through 
this action.

IV. What action is EPA taking?

    EPA is taking final action to amend the Missouri SIP to approve 
revisions to St. Louis vehicle I/M program. While these SIP revisions 
were submitted in separate requests, they are direct changes to the St. 
Louis Vehicle Inspection Program and are being addressed in one SIP 
action.

Statutory and Executive Order Reviews

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the Missouri 
rule 10-5.381 ``On Board Diagnostics Motor Vehicle Emissions 
Inspection'' described in the amendments to 40 CFR part 52 set forth 
below.'' EPA has made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and/or 
in hard copy at the appropriate EPA office (see the ADDRESSES section 
of this preamble for more information).
    Under the Clean Air Act (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);
     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 Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; 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).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications and will not impose substantial direct 
costs on tribal governments or preempt tribal law as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by May 4, 2015. 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).)

[[Page 11326]]

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: February 18, 2015.
Karl Brooks,
Regional Administrator, Region 7.
    For the reasons stated in the preamble, the Environmental 
Protection Agency amends 40 CFR part 52 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et. seq.

Subpart AA--Missouri

0
2. In Sec.  52.1320(c) the table is amended by:
0
a. Removing the entry for ``10-5.380'';
0
b. Adding in numerical order the entry for ``10-5.381''; and
0
c. Removing the chapter title ``Missouri Department of Public Safety 
Division 50-State Highway Patrol Chapter 2--Motor Vehicle Inspection'' 
and its entries for ``50-2.010 through 50-2.420''.
    The addition reads 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 5--Air Quality Regulations and Air Pollution Control Regulations for the St. Louis Metropolitan Area
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
10-5.381................  On-Board Diagnostics        12/30/12  3/3/15 [Insert Federal   .......................
                           Motor Vehicle                         Register citation].
                           Emissions Inspection.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-04271 Filed 3-2-15; 8:45 am]
BILLING CODE 6560-50-P



                                                                 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations                                               11323

                                               This administrative action also is not                copy of the rule, to each House of the                reference, Nitrogen dioxide, Ozone,
                                             subject to Executive Order 13045 (62                    Congress and to the Comptroller General               Volatile organic compounds.
                                             FR19885, April 23, 1997), because it is                 of the United States. Section 808 allows                Dated: February 19, 2015.
                                             not economically significant. This                      the issuing agency to make a rule                     Ron Curry,
                                             administrative action does not involve                  effective sooner than otherwise                       Regional Administrator, Region 6.
                                             technical standards; thus the                           provided by the CRA if the agency
                                             requirements of section 12(d) of the                    makes a good cause finding that notice                    40 CFR part 52 is amended as follows:
                                             National Technology Transfer and                        and public procedure is impracticable,
                                             Advancement Act of 1995 (15 U.S.C.                      unnecessary or contrary to the public                 PART 52—[AMENDED]
                                             272 note) do not apply. The                             interest. Today’s administrative action
                                             administrative action also does not                     simply codifies a provision which is                  ■ 1. The authority citation for part 52
                                             involve special consideration of                        already in effect as a matter of law in               continues to read as follows:
                                             environmental justice related issues as                 Federal and approved state programs. 5                    Authority: 42 U.S.C. 7401 et seq.
                                             required by Executive Order 12898 (59                   U.S.C. 808(2). These announced actions
                                             FR 7629, February 16, 1994). This                       were effective upon EPA’s concurrence.                Subpart SS—Texas
                                             administrative action does not impose                   EPA will submit a report containing this
                                             an information collection burden under                  action and other required information to              ■  2. In § 52.2270(e), the table titled
                                             the Paperwork Reduction Act of 1995                     the U.S. Senate, the U.S. House of                    ‘‘EPA Approved Nonregulatory
                                             (44 U.S.C. 3501 et seq.).                               Representatives, and the Comptroller                  Provisions and Quasi-Regulatory
                                             B. Submission to Congress and the                       General of the United States prior to                 Measures in the Texas SIP’’ is amended
                                             Comptroller General                                     publication of this action in the Federal             by adding an entry at the end for ‘‘DFW
                                               The Congressional Review Act (CRA)                    Register. This update to Texas’ SIP                   nine-county area ESL TCM to traffic
                                             (5 U.S.C. 801 et seq.), as added by the                 Compilation is not a ‘‘major rule’’ as                signalization TCMs’’.
                                             Small Business Regulatory Enforcement                   defined by 5 U.S.C. 804(2).                              The addition reads as follows:
                                             Fairness Act of 1996, generally provides                List of Subjects in 40 CFR Part 52                    § 52.2270    Identification of plan.
                                             that before a rule may take effect, the
                                             agency promulgating the rule must                         Environmental protection, Air                       *       *    *      *     *
                                             submit a rule report, which includes a                  pollution control, Incorporation by                       (e) * * *

                                                         EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
                                                                                                                              State
                                                                                       Applicable geographic or
                                                  Name of SIP provision                                                     submittal/            EPA approval date                   Comments
                                                                                         nonattainment area               effective date


                                                     *                     *                          *                       *                        *                    *                      *
                                             DFW nine-county area ESL              Dallas-Fort Worth: Dallas,                 9/16/2010       1/9/2014, 79 FR 1596 ........ DFW ESLs recategorized as
                                              TCM to traffic signalization           Tarrant, Collin, Denton,                                                                 TCM 1/9/2014, substituted
                                              TCMs.                                  Parker, Johnson, Ellis, Kauf-                                                            withtraffic signalization
                                                                                     man and Rockwall Counties.                                                               TCMs 11/3/2014.



                                             [FR Doc. 2015–04269 Filed 3–2–15; 8:45 am]              M) Program. On August 16, 2007, and                   with the requirements of the Clean Air
                                             BILLING CODE 6560–50–P                                  December 7, 2007, the Missouri                        Act (CAA).
                                                                                                     Department of Natural Resources                       DATES: This final rule is effective on
                                                                                                     (MDNR) requested to amend the SIP to                  April 2, 2015.
                                             ENVIRONMENTAL PROTECTION                                replace the St. Louis centralized vehicle
                                             AGENCY                                                  test program, called the Gateway Clean                ADDRESSES:    EPA has established a
                                                                                                     Air Program (GCAP), with a de-                        docket for this action under Docket ID
                                             40 CFR Part 52                                          centralized, OBD-only vehicle I/M                     No. EPA–R07–OAR–2014–0399. All
                                                                                                     program called the Gateway Vehicle                    documents in the docket are listed on
                                             [EPA–R07–OAR–2014–0399; FRL–9923–66–                                                                          the www.regulations.gov Web site.
                                             Region 7]                                               Inspection Program (GVIP). In this
                                                                                                     action, EPA is also approving three                   Although listed in the index, some
                                                                                                     additional SIP revisions submitted by                 information is not publicly available,
                                             Air Quality State Implementation
                                                                                                                                                           i.e., CBI or other information whose
                                             Plans; Approval and Promulgation:                       Missouri related to the state’s I/M
                                                                                                                                                           disclosure is restricted by statute.
                                             Missouri; St. Louis Inspection and                      program including: Exemptions for
                                                                                                                                                           Certain other material, such as
                                             Maintenance Program                                     specially constructed vehicles or ‘‘kit-
                                                                                                                                                           copyrighted material, is not placed on
                                                                                                     cars,’’ exemptions for Plugin Hybrid
                                             AGENCY:  Environmental Protection                                                                             the Internet and will be publicly
                                                                                                     Electric Vehicles (PHEV), and rescission
                                             Agency.                                                                                                       available only in hard copy form.
                                                                                                     of Missouri State Highway Patrol rules                Publicly available docket materials are
                                             ACTION: Final rule.                                     from the Missouri SIP.
Rmajette on DSK2VPTVN1PROD with RULES




                                                                                                                                                           available either electronically through
                                             SUMMARY:   The Environmental Protection                   These revisions to Missouri’s SIP do                www.regulations.gov or in hard copy at
                                             Agency (EPA) is taking final action to                  not have an adverse effect on air quality             the Environmental Protection Agency,
                                             approve revisions to the State                          as demonstrated in the technical                      Air Planning and Development Branch,
                                             Implementation Plan (SIP) submitted by                  support document which is a part of                   11201 Renner Boulevard, Lenexa,
                                             the State of Missouri relating to its                   this docket. EPA’s approval of these SIP              Kansas 66219. The Regional Office’s
                                             vehicle Inspection and Maintenance (I/                  revisions is being done in accordance                 official hours of business are Monday


                                        VerDate Sep<11>2014   15:05 Mar 02, 2015   Jkt 235001   PO 00000   Frm 00005   Fmt 4700   Sfmt 4700   E:\FR\FM\03MRR1.SGM   03MRR1


                                             11324               Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations

                                             through Friday, 8:00 a.m. to 4:30 p.m.                     On January 2, 2009, MDNR submitted                 necessary on Missouri’s request to
                                             excluding Federal holidays. The                         a required supplemental demonstration                 remove Missouri rule CSR 10–5.375
                                             interested persons wanting to examine                   for I/M network type and program                      from the SIP.
                                             these documents should make an                          evaluation as required by 40 CFR                         Comment 2: The commenter contends
                                             appointment with the office at least 24                 51.353. This demonstration is required                that the analysis performed to show that
                                             hours in advance.                                       within one year after the I/M program                 the new I/M program meets the
                                             FOR FURTHER INFORMATION CONTACT:                        begins.                                               performance standard did not account
                                             Steven Brown, Environmental                                On June 17, 2009, Missouri submitted               for the removal of both the IM240 and
                                             Protection Agency, Air Planning and                     a revision to I/M rule 10 CSR 10–5.381                single speed idle test and therefore was
                                             Development Branch, 11201 Renner                        which includes minor clarification edits              done improperly.
                                             Boulevard, Lenexa, Kansas 66219 at                      and exempts specially constructed                        Response 2: Missouri is not required
                                             913–551–7718, or by email at                            vehicles or ‘‘kit-cars’’ from the rule.               to include a performance standard test
                                             brown.steven@epa.gov.                                      On December 10, 2012, Missouri                     for IM240 and single speed idle testing
                                             SUPPLEMENTARY INFORMATION:                              submitted a revision to exempt Plugin                 as Missouri is only required to meet the
                                             Throughout this document ‘‘we,’’ ‘‘us,’’                Hybrid Electric Vehicles (PHEV) from                  Basic Performance Standard test set
                                             or ‘‘our’’ refer to EPA. This section                   the I/M program as codified in rule 10                forth by EPA. The reason for the
                                             provides additional information by                      CSR 10–5.381.                                         performance standard testing was to
                                             addressing the following:                                  As part of our review, EPA performed               give an indication of whether or not the
                                                                                                     a separate analysis of all the state’s SIP            GVIP program would satisfy the
                                             I. What is being addressed in this document?            submissions and a cumulative air                      minimum requirements of EPA’s I/M
                                             II. Have the requirements for approval of a
                                                                                                     quality analysis as documented in the                 rule. The GVIP program’s modeling
                                                   SIP revision been met?
                                             III. EPA’s response to comments.                        technical support document that is part               parameters used by Missouri during this
                                             IV. What action is EPA taking?                          of this docket. EPA’s analysis shows                  Basic Performance Standard test
                                                                                                     that these SIP revisions do not adversely             analysis were correctly identified and
                                             I. What is being addressed in this                      affect air quality in the St. Louis area              performed adequately. The technical
                                             document?                                               and are approvable.                                   support document (TSD) supplied in the
                                                EPA is approving revisions to the St.                                                                      docket reviews the performance
                                             Louis vehicle I/M program to replace                    II. Have the requirements for approval                standard test results and also includes a
                                             the centralized, transient I/M240 vehicle               of a SIP revision been met?                           section 110(l) modeling exercise that
                                             I/M program (GCAP) with the de-                            The state submission has met the                   compares the GCAP and GVIP I/M
                                             centralized, OBD-only, vehicle I/M                      public notice requirements for SIP                    programs emissions results.
                                             program (GVIP). MDNR submitted to                       submissions in accordance with 40 CFR                    Comment 3: The commenter states
                                             EPA five SIP revision submissions to                    51.102. The submission also satisfied                 that portions of the St. Louis area are
                                             address the vehicle I/M program                         the completeness criteria of 40 CFR part              required to have an enhanced I/M
                                             replacement and associated state rule,                  51, appendix V. In addition, as                       program as part of the 1-hour ozone
                                             plus one supplemental demonstration.                    explained above and in more detail in                 maintenance plan which covers the
                                             They are as follows:                                    the technical support document which                  second ten-year maintenance plan and
                                                On August 16, 2007, MDNR requested                   is part of this docket, the revision meets            beyond. The commenter says that this
                                             that Missouri Rule 10 CSR 10–5.380,                     the substantive SIP requirements of the               means that until Missouri has
                                             ‘‘Motor Vehicle Emissions Inspection’’                  CAA, including section 110 and                        demonstrated that the enhanced I/M
                                             be rescinded and replaced with rule 10                  implementing regulations.                             program is no longer necessary, and
                                             CSR 10–5.381, ‘‘On-Board Diagnostics                                                                          EPA approves this demonstration, the
                                             Motor Vehicle Emissions Inspection.’’ In                III. EPA’s Response to Comments                       St. Louis area is still required to have an
                                             that same submittal letter, MDNR also                      The public comment period on EPA’s                 enhanced I/M program.
                                             requested that Missouri Rule 10 CSR                     proposed rule opened December 28,                        Response 3: Under the 1-hour
                                             10–5.375, ‘‘Motor Vehicles Emissions                    2014, the date of its publication in the              standard, the St. Louis area was
                                             Inspection Waiver’’ be rescinded. EPA is                Federal Register, and closed on January               classified as moderate non-attainment
                                             not taking any action on 10 CSR 10–                     29, 2015. During this period, EPA                     and was only required to do a basic I/
                                             5.375 as it is being replaced in its                    received five comments from one                       M program. At the time the GCAP was
                                             entirety with the GVIP I/M program,                     anonymous commenter.                                  approved, its emission reductions were
                                             Missouri Rule 10 CSR 10–5.381.                             Comment 1: The commenter contends                  compared to those that would be
                                                On December 14, 2007, MDNR                           that while no action is necessary with                achieved by the basic I/M performance
                                             submitted the new GVIP plan and                         regards to removing Missouri Rule 10                  standard and were found to exceed the
                                             performance standard demonstration to                   CSR 10–5.375 from the SIP because                     performance standard. Because the
                                             show that the GVIP program meets the                    Missouri is replacing the GCAP program                GCAP program met the applicable
                                             basic requirements as described in 40                   with the GVIP program, EPA incorrectly                performance standard as well as
                                             CFR part 51 subpart S. This submission                  stated that Missouri Rule 10 CSR 10–                  providing the additional emission
                                             also requests that EPA approve the plan                 5.375 was not part of the SIP.                        reductions required under the
                                             to replace the GCAP I/M program with                       Response 1: EPA agrees with the                    attainment plan, it was approved.
                                             the new GVIP program.                                   commenter that 10 CSR 10–5.375 was                    Today’s action, among other things, is
                                                On December 21, 2007, Missouri                       included in list number 47 in 40 CFR                  approving the replacement of the GCAP
                                             submitted a revision requesting that the                52.1320(e) under ‘‘Vehicle I/M                        program with the GVIP program which
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                                             Missouri State Highway Patrol rules be                  Program’’ and also should have been                   has also been found to meet the
                                             removed from the Missouri SIP because                   listed in 40 CFR 52.1320(c) but was not.              minimum basic program requirements
                                             the new rule, 10 CSR 10–5.381, does not                 EPA also agrees that no action is                     but also achieves greater emission
                                             rely on the Missouri Highway Patrol                     necessary to remove 10 CSR 10–5.375                   reductions than the GCAP program it
                                             rules for enforcement. More details can                 from the SIP as the GCAP I/M program                  replaces as demonstrated by the section
                                             be found in the technical support                       is being wholly replaced with the GVIP                110(l) analysis included in the TSD in
                                             document that is a part of this docket.                 I/M program. Therefore, no action is                  the docket for today’s action. The GVIP


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                                                                 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations                                          11325

                                             program meets all the requirements                      IV. What action is EPA taking?                        safety risks subject to Executive Order
                                             previously met by the GCAP when it                        EPA is taking final action to amend                 13045 (62 FR 19885, April 23, 1997);
                                             was approved into the SIP. Today’s                      the Missouri SIP to approve revisions to                 • is not a significant regulatory action
                                             action does not weaken or remove the                    St. Louis vehicle I/M program. While                  subject to Executive Order 13211 (66 FR
                                             I/M program from the SIP as                             these SIP revisions were submitted in                 28355, May 22, 2001);
                                             demonstrated in the TSD, contrary to                    separate requests, they are direct
                                             what is implied by the commenter.                                                                                • is not subject to requirements of
                                                                                                     changes to the St. Louis Vehicle                      Section 12(d) of the National
                                             Additionally, Missouri relies on the                    Inspection Program and are being
                                             GVIP program and it is specifically                                                                           Technology Transfer and Advancement
                                                                                                     addressed in one SIP action.                          Act of 1995 (15 U.S.C. 272 note) because
                                             relied upon in the St. Louis area’s 1997
                                             8-hour ozone maintenance plan.                          Statutory and Executive Order Reviews                 application of those requirements would
                                                Comment 4: The commenter states                                                                            be inconsistent with the Clean Air Act;
                                                                                                        In this rule, EPA is finalizing
                                             that Missouri’s emissions analysis uses                                                                       and
                                                                                                     regulatory text that includes
                                             the outdated EPA mobile model,                          incorporation by reference. In                           • does not provide EPA with the
                                             MOBILE–6, and that because Missouri                     accordance with requirements of 1 CFR                 discretionary authority to address, as
                                             submitted this SIP revision over five                   51.5, EPA is finalizing the incorporation             appropriate, disproportionate human
                                             years ago and EPA has not acted on it,                  by reference of the Missouri rule 10–                 health or environmental effects, using
                                             the burden should be on EPA to perform                  5.381 ‘‘On Board Diagnostics Motor                    practicable and legally permissible
                                             an additional analysis utilizing the                    Vehicle Emissions Inspection’’                        methods, under Executive Order 12898
                                             updated EPA mobile model,                               described in the amendments to 40 CFR                 (59 FR 7629, February 16, 1994).
                                             MOVES2014.                                              part 52 set forth below.’’ EPA has made,                 The SIP is not approved to apply on
                                                Response 4: EPA did perform an                       and will continue to make, these                      any Indian reservation land or in any
                                             additional modeling analysis utilizing                  documents generally available                         other area where EPA or an Indian tribe
                                             MOVES2014 to compare the GCAP and                       electronically through                                has demonstrated that a tribe has
                                             GVIP I/M program differences for                        www.regulations.gov and/or in hard                    jurisdiction. In those areas of Indian
                                             control efficiency and emissions results                copy at the appropriate EPA office (see               country, the rule does not have tribal
                                             for the St. Louis area. The results show                the ADDRESSES section of this preamble                implications and will not impose
                                             that the GVIP program achieves greater                  for more information).                                substantial direct costs on tribal
                                             emission reductions than the GCAP                          Under the Clean Air Act (CAA), the                 governments or preempt tribal law as
                                             program. These results can be found in                  Administrator is required to approve a                specified by Executive Order 13175 (65
                                             the TSD which is part of this docket.                   SIP submission that complies with the                 FR 67249, November 9, 2000).
                                                Comment 5: The commenter states                      provisions of the Act and applicable
                                             that EPA should perform an additional                   Federal regulations. 42 U.S.C. 7410(k);                  The Congressional Review Act, 5
                                             modeling analysis that uses the                         40 CFR 52.02(a). Thus, in reviewing SIP               U.S.C. 801 et seq., as added by the Small
                                             performance standard in the February                    submissions, EPA’s role is to approve                 Business Regulatory Enforcement
                                             2014 guidance document EPA–420–B–                       state choices, provided that they meet                Fairness Act of 1996, generally provides
                                             14–006. The commenter further states                    the criteria of the CAA. Accordingly,                 that before a rule may take effect, the
                                             that by using this guidance any analysis                this action merely approves state law as              agency promulgating the rule must
                                             will show that the removal of the IM240                 meeting Federal requirements and does                 submit a rule report, which includes a
                                             test and single speed idle test will result             not impose additional requirements                    copy of the rule, to each House of the
                                             in a loss of NOX and VOC emission                       beyond those imposed by state law. For                Congress and to the Comptroller General
                                             reductions and that losses will need to                 that reason, this action:                             of the United States. EPA will submit a
                                             be compensated for with other emission                     • Is not a significant regulatory action           report containing this action and other
                                             reduction measures.                                     subject to review by the Office of                    required information to the U.S. Senate,
                                                Response 5: Additional performance                   Management and Budget under                           the U.S. House of Representatives, and
                                             standard modeling is only required if                   Executive Orders 12866 (58 FR 51735,                  the Comptroller General of the United
                                             changes are made to an approved I/M                     October 4, 1993) and 13563 (76 FR 3821,               States prior to publication of the rule in
                                             program prior to attaining the standard                 January 21, 2011);                                    the Federal Register. A major rule
                                             for which the program was adopted                          • does not impose an information                   cannot take effect until 60 days after it
                                             (section 4.0, EPA guidance document:                    collection burden under the provisions                is published in the Federal Register.
                                             EPA–420–B–14–006). Missouri has                         of the Paperwork Reduction Act (44                    This action is not a ‘‘major rule’’ as
                                             attained the standard(s) for which the                  U.S.C. 3501 et seq.);                                 defined by 5 U.S.C. 804(2).
                                             program was adopted. Once an area goes                     • is certified as not having a                        Under section 307(b)(1) of the CAA,
                                             from being a nonattainment area to an                   significant economic impact on a                      petitions for judicial review of this
                                             attainment and maintenance area, the                    substantial number of small entities                  action must be filed in the United States
                                             only analysis required when changing                    under the Regulatory Flexibility Act (5               Court of Appeals for the appropriate
                                             an I/M program is to estimate the                       U.S.C. 601 et seq.);                                  circuit by May 4, 2015. Filing a petition
                                             shortfall, if any, created by the change                   • does not contain any unfunded                    for reconsideration by the Administrator
                                             as part of a required 110(l)                            mandate or significantly or uniquely                  of this final rule does not affect the
                                             demonstration. The 110(l)                               affect small governments, as described                finality of this action for the purposes of
                                             demonstration modeling contained in                     in the Unfunded Mandates Reform Act                   judicial review nor does it extend the
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                                             the TSD, provided in the docket, was                    of 1995 (Pub. L. 104–4);                              time within which a petition for judicial
                                             performed using the February 2014                          • does not have Federalism                         review may be filed, and shall not
                                             guidance cited in the comment and                       implications as specified in Executive                postpone the effectiveness of such rule
                                             shows that there was no shortfall                       Order 13132 (64 FR 43255, August 10,                  or action. This action may not be
                                             created by the change from the GCAP to                  1999);                                                challenged later in proceedings to
                                             the GVIP which is being approved                           • is not an economically significant               enforce its requirements. (See section
                                             through this action.                                    regulatory action based on health or                  307(b)(2).)


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                                             11326                 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations

                                             List of Subjects in 40 CFR Part 52                        Agency amends 40 CFR part 52 as set                     ■ a. Removing the entry for ‘‘10–5.380’’;
                                               Environmental protection, Air                           forth below:                                            ■ b. Adding in numerical order the
                                             pollution control, Carbon monoxide,                                                                               entry for ‘‘10–5.381’’; and
                                                                                                       PART 52—APPROVAL AND
                                             Incorporation by reference,                                                                                       ■ c. Removing the chapter title
                                                                                                       PROMULGATION OF
                                             Intergovernmental relations, Lead,                                                                                ‘‘Missouri Department of Public Safety
                                                                                                       IMPLEMENTATION PLANS
                                             Nitrogen dioxide, Ozone, Particulate                                                                              Division 50-State Highway Patrol
                                             matter, Reporting and recordkeeping                       ■ 1. The authority citation for part 52                 Chapter 2—Motor Vehicle Inspection’’
                                             requirements, Sulfur oxides, Volatile                     continues to read as follows:                           and its entries for ‘‘50–2.010 through
                                             organic compounds.                                                                                                50–2.420’’.
                                                                                                           Authority: 42 U.S.C. 7401 et. seq.
                                               Dated: February 18, 2015.                                                                                         The addition reads as follows:
                                             Karl Brooks,                                              Subpart AA—Missouri
                                                                                                                                                               § 52.1320   Identification of Plan.
                                             Regional Administrator, Region 7.
                                               For the reasons stated in the                           ■ 2. In § 52.1320(c) the table is amended               *       *    *        *     *
                                             preamble, the Environmental Protection                    by:                                                         (c) * * *
                                                                                                      EPA-APPROVED MISSOURI REGULATIONS
                                                                                                                   State
                                                 Missouri                            Title                        effective                EPA approval date                             Explanation
                                                 citation                                                           date

                                                                                                       Missouri Department of Natural Resources


                                                        *                        *                         *                      *                       *                      *                     *

                                                                Chapter 5—Air Quality Regulations and Air Pollution Control Regulations for the St. Louis Metropolitan Area


                                                     *                       *                   *                                *                    *                         *                     *
                                             10–5.381 ......     On-Board Diagnostics Motor Vehicle                 12/30/12    3/3/15 [Insert Federal Register cita-
                                                                  Emissions Inspection.                                           tion].

                                                        *                        *                         *                      *                       *                      *                     *



                                             *      *       *       *      *                           approval and the effective date of the                  also accept your comments via email at
                                             [FR Doc. 2015–04271 Filed 3–2–15; 8:45 am]                requirements.                                           PRA@fcc.gov.
                                             BILLING CODE 6560–50–P                                                                                              To request materials in accessible
                                                                                                       DATES: The amendments to 47 CFR                         formats for people with disabilities
                                                                                                       1.767(a)(8), 1.768(g)(2), 63.11(g)(2) and               (Braille, large print, electronic files,
                                                                                                       63.18(k), published at 79 FR 31873, June                audio format), send an email to fcc504@
                                             FEDERAL COMMUNICATIONS                                    3, 2014 are effective on March 3, 2015.                 fcc.gov or call the Consumer and
                                             COMMISSION                                                                                                        Governmental Affairs Bureau at (202)
                                                                                                       FOR FURTHER INFORMATION CONTACT:   For
                                             47 CFR Parts 1 and 63                                     additional information contact Cathy                    418–0530 (voice), (202) 418–0432
                                                                                                       Williams, Cathy.Williams@fcc.gov, (202)                 (TTY).
                                             [IB Docket No. 12–299; FCC 14–48]                         418–2918.                                               Synopsis
                                                                                                       SUPPLEMENTARY INFORMATION:    This                        As required by the Paperwork
                                             Reform of Rules and Policies on
                                                                                                       document announces that, on February                    Reduction Act of 1995 (44 U.S.C. 3507),
                                             Foreign Carrier Entry Into the U.S.
                                                                                                       10, 2015 and February 20, 2015, OMB                     the FCC is notifying the public that it
                                             Telecommunications Market
                                                                                                       approved the information collection                     received OMB approval on February 10,
                                             AGENCY:   Federal Communications                          requirements contained in the                           2015 and February 20, 2015, for the new
                                             Commission.                                               Commission’s Report and Order, FCC                      information collection requirements
                                             ACTION: Final rule; announcement of                       14–48, published at 79 FR 31873, June                   contained in the Commission’s rules at
                                             effective date.                                           3, 2014. The OMB Control Numbers are                    47 CFR 1.767(a)(8), 1.768(g)(2),
                                                                                                       3060–0686 and 3060–0944. The                            63.11(g)(2) and 63.18(k).
                                             SUMMARY:  In this document, the Federal                   Commission publishes this notice as an                    Under 5 CFR part 1320, an agency
                                             Communications Commission                                 announcement of the effective date of                   may not conduct or sponsor a collection
                                             (Commission) announces that the Office                    the requirements. If you have any                       of information unless it displays a
                                             of Management and Budget (OMB) has                        comments on the burden estimates                        current, valid OMB Control Number.
                                             approved, for a period of three years, the                listed below, or how the Commission                       No person shall be subject to any
                                             information collection requirements                       can improve the collections and reduce                  penalty for failing to comply with a
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                                             associated with the Commission’s                          any burdens caused thereby, please                      collection of information subject to the
                                             Report and Order, IB Docket No. 12–                       contact Cathy Williams, Federal                         Paperwork Reduction Act that does not
                                             299, FCC 14–48. This notice is                            Communications Commission, Room 1–                      display a current, valid OMB Control
                                             consistent with the Report and Order,                     C823, 445 12th Street SW., Washington,                  Number. The OMB Control Numbers are
                                             which stated that the Commission                          DC 20554. Please include the OMB                        3060–0686 and 3060–0944.
                                             would publish a document in the                           Control Number, 3060–0686, in your                        The foregoing notice is required by
                                             Federal Register announcing OMB                           correspondence. The Commission will                     the Paperwork Reduction Act of 1995,


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Document Created: 2015-12-18 11:56:06
Document Modified: 2015-12-18 11:56:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on April 2, 2015.
ContactSteven Brown, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at 913-551-7718, or by email at [email protected]
FR Citation80 FR 11323 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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