80_FR_11619 80 FR 11577 - Approval and Promulgation of Air Quality Implementation Plans, State Plans for Designated Facilities and Pollutants, and Operating Permits Program; State of Missouri

80 FR 11577 - Approval and Promulgation of Air Quality Implementation Plans, State Plans for Designated Facilities and Pollutants, and Operating Permits Program; State of Missouri

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 42 (March 4, 2015)

Page Range11577-11580
FR Document2015-04400

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the State Implementation Plan (SIP) and the operating permits program for the State of Missouri which were received on November 6, 2013, November 20, 2014, March 27, 2014, July 7, 2014, and July 14, 2014. The revisions submitted by the state include amendments to rules relating to reference methods, definitions and common reference tables, ambient air quality standards, and a rule rescission related to air quality control measures for sources clustered in small land areas. Many of the revisions are administrative in nature and either incorporate by reference or update state rules to match Federal regulations. Some are more substantive, but are non- controversial. In addition, they provide more clarity for the regulated public. This direct final action will amend the SIP to include revised regulations which will then be more consistent with Federal regulations. These revisions do not have an adverse effect on air quality. EPA's approval of these rule revisions is being done in accordance with the requirements of the Clean Air Act (CAA).

Federal Register, Volume 80 Issue 42 (Wednesday, March 4, 2015)
[Federal Register Volume 80, Number 42 (Wednesday, March 4, 2015)]
[Rules and Regulations]
[Pages 11577-11580]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-04400]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52, 62, and 70

[EPA-R07-OAR-2015-0006; FRL9923-68-Region 7]


Approval and Promulgation of Air Quality Implementation Plans, 
State Plans for Designated Facilities and Pollutants, and Operating 
Permits Program; State of Missouri

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the State Implementation Plan 
(SIP) and the operating permits program for the State of Missouri which 
were received on November 6, 2013, November 20, 2014, March 27, 2014, 
July 7, 2014, and July 14, 2014. The revisions submitted by the state 
include amendments to rules relating to reference methods, definitions 
and common reference tables, ambient air quality standards, and a rule 
rescission related to air quality control measures for sources 
clustered in small land areas. Many of the revisions are administrative 
in nature and either incorporate by reference or update state rules to 
match Federal regulations. Some are more substantive, but are non-
controversial. In addition, they provide more clarity for the regulated 
public. This direct final action will amend the SIP to include revised 
regulations which will then be more consistent with Federal 
regulations. These revisions do not have an adverse effect on air 
quality. EPA's approval of these rule revisions is being done in 
accordance with the requirements of the Clean Air Act (CAA).

DATES: This direct final rule will be effective May 4, 2015, without 
further notice, unless EPA receives adverse comment April 3, 2015. If 
EPA receives adverse comment, we will publish a timely withdrawal of 
the direct final rule in the Federal Register informing the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2015-0006, by one of the following methods:
    1. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Mail or Hand Delivery: Amy Bhesania, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219.

[[Page 11578]]

    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2015-0006. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov or 
email information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov, your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. 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, will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically in 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 through Friday, 8:00 to 4:30 
excluding legal 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: Amy Bhesania, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219 at 913-551-7147, 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. What action is EPA taking?

I. What is being addressed in this document?

    EPA is taking direct final action to amend Missouri's SIP, 111(d) 
plan, and operating permits program by approving the state's requests 
to amend the following rules:
    1. 10 CSR 10-6.040, Reference Methods, received November 6, 2013.
    2. 10 CSR 10-6.040, Reference Methods, received November 20, 2014.
    3. 10 CSR 10-6.020, Definitions and Common Reference Tables, 
received March 27, 2014.
    4. 10 CSR 10-5.240, Additional Air Quality Control Measures May be 
Required When Sources are Clustered in a Small Land Area, received July 
7, 2014.
    5. 10 CSR 10-6.010, Air Quality Standards, received July 14, 2014.
    The revisions submitted by the state include revisions to update 
standards and reference methods, to clarify, add or amend definitions 
and reference tables, to rescind an outdated rule, and to update and 
clarify ambient air quality standards. For more information on the 
state's submissions, specific revisions to each rule and EPA's review 
of the revisions, see the Technical Support Document (TSD) that is a 
part of this docket.

II. Have the requirements for approval of a SIP, part 62, and part 70 
revisions 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 TSD which is 
part of this docket, the revision meets the substantive SIP 
requirements of the CAA, including section 110 and implementing 
regulations. The substantive requirements of 40 CFR part 62 and Title V 
of the 1990 CAA Amendments and 40 CFR part 70 have been met as well.

III. What action is EPA taking?

    EPA is taking direct final action to approve this rule without a 
prior proposed rule because we view this as a noncontroversial action 
and anticipate no adverse comment. However, in the ``Proposed Rules'' 
section of today's Federal Register, we are publishing a separate 
document that will serve as the proposed rule to approve the SIP, 
111(d), and operating permits revisions, if adverse comments are 
received on this direct final rule. We will not institute a second 
comment period on this action. Any parties interested in commenting 
must do so at this time. For further information about commenting on 
this rule, see the ADDRESSES section of this document.
    If EPA receives adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that this 
direct final rule will not take effect. We will address all public 
comments in any subsequent final rule based on the proposed rule.

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 Missouri 
rules 10-5.240, 10-6.010, 10-6.020, and 10-6.040 described in the 
direct final 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 Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review under Executive Orders 12866 and 13563 (76 FR 3821, 
January 21, 2011). This action is also not subject to Executive Order 
13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This 
action merely approves state law as meeting Federal requirements and 
imposes no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the

[[Page 11579]]

Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
    In addition, these direct final actions are 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, this action 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).
    This action also does not have Federalism implications because it 
does not have substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132 (64 FR 43255, August 
10, 1999). Thus Executive Order 13132 does not apply to this action. 
This action merely approves a state rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the CAA. This rule also is 
not subject to Executive Order 13045, ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997) because it approves a state rule implementing a Federal standard.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. In this 
context, in the absence of a prior existing requirement for the State 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a state submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a state 
submission, to use VCS in place of a state submission that otherwise 
satisfies the provisions of the CAA. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note) do not apply. This action does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Burden is defined at 5 
CFR 1320.3(b).
    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 rule 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 rule 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. 
Parties with objections to this direct final rule are encouraged to 
file a comment in response to the parallel notice of proposed 
rulemaking for this action published in the proposed rules section of 
today's Federal Register, rather than file an immediate petition for 
judicial review of this direct final rule, so that EPA can withdraw 
this direct final rule and address the comment in the final rulemaking. 
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 62

    Environmental protection, Air pollution control, Administrative 
practice and procedure, Intergovernmental relations, Reporting and 
recordkeeping requirements.

40 CFR Part 70

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Operating permits, 
Reporting and recordkeeping requirements.

    Dated: February 13, 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: Chapter I, 
title 40 of the Code of Federal Regulations is amended as follows:

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:
0
a. Removing under Chapter 5, the entry ``10-5.240''; and
0
b. Revising under Chapter 6, the entries for ``10-6.010'', ``10-
6.020'', and ``10-6.040''.
    The revisions read as follows:


Sec.  52.1320  Identification of Plan.

* * * * *
    (c) * * *

                                        EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
                                                             State
        Missouri citation                 Title         effective date   EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
                                    Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------
 

[[Page 11580]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------
10 CSR 10-6.010..................  Ambient Air Quality         7/30/14  3/4/15 and [Insert   Hydrogen Sulfide
                                    Standards.                           Federal Register     and Sulfuric Acid
                                                                         citation].           state standards
                                                                                              are not SIP
                                                                                              approved.
10 CSR 10-6.020..................  Definitions and             3/30/14  3/4/15 and [Insert   Many of the
                                    Common Reference                     Federal Register     definitions
                                    Tables.                              citation].           pertain to Title
                                                                                              V, 111(d) and
                                                                                              asbestos programs
                                                                                              and are approved
                                                                                              in the SIP because
                                                                                              they provide
                                                                                              overall
                                                                                              consistency in the
                                                                                              use of terms in
                                                                                              the air program.
                                                                                              Similarly, the EPA
                                                                                              has also approved
                                                                                              this rule as part
                                                                                              of the Title V
                                                                                              program, and
                                                                                              111(d) even though
                                                                                              many of the
                                                                                              definitions
                                                                                              pertain only to
                                                                                              the SIP.
 
                                                  * * * * * * *
10 CSR 10-6.040..................  Reference Methods..        11/30/14  3/4/15 and [Insert   ...................
                                                                         Federal Register
                                                                         citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED 
FACILITIES AND POLLUTANTS

0
3. The authority citation for part 62 continues to read as follows:

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

Subpart AA--Missouri

* * * * *

0
4. Section 62.6350 is amended by adding paragraph (b)(6) to read as 
follows:


Sec.  62.6350  Identification of plan.

* * * * *
    (b) * * *
    (6) A revision to Missouri's 111(d) plan to incorporate state 
regulation 10 CSR 10-6.020 Definitions and Common Reference Tables was 
state effective March 30, 2014. The effective date of the amended plan 
is May 4, 2015.
* * * * *

PART 70--STATE OPERATING PERMIT PROGRAMS

0
5. The authority citation for part 70 continues to read as follows:

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

0
6. Appendix A to part 70 is amended by adding paragraph (cc) under 
Missouri to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs

* * * * *

Missouri

* * * * *
    (cc) The Missouri Department of Natural Resources submitted 
revisions to Missouri rule 10 CSR 10-6.020, ``Definitions and Common 
Reference Tables'' on March 27, 2014. The state effective date is 
March 30, 2014. This revision is effective May 4, 2015.
* * * * *
[FR Doc. 2015-04400 Filed 3-3-15; 8:45 am]
BILLING CODE 6560-50-P



                                                                     Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Rules and Regulations                                                              11577

                                                                                            EPA-APPROVED REGULATIONS IN THE ARKANSAS SIP—Continued
                                                                                                                                        State
                                                                                                                                      submittal/
                                                  State citation                            Title/subject                                                EPA approval date                         Explanation
                                                                                                                                       effective
                                                                                                                                         date

                                                          *                             *                             *                        *                       *                       *                    *



                                                  (e) * * *

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


                                                          *                             *                             *                        *                       *                       *                    *

                                              Infrastructure for        Statewide ...............................................      3/28/2008     3/4/2015 [Insert Federal        Approval for CAA elements 110(a)(2)
                                                 the 1997 and                                                                          9/16/2009       Register citation].             (A), (B), (E), (F), (G), (H), (K), (L),
                                                 2006 PM2.5                                                                            9/13/2014                                       and (M) on 8/20/2012 (77 FR 50033).
                                                 NAAQS.                                                                                                                                Approval for PSD elements (C), (D)(i)
                                                                                                                                                                                       (II) (interfere with measures in any
                                                                                                                                                                                       other state to prevent significant dete-
                                                                                                                                                                                       rioration of air quality) and (J) on May
                                                                                                                                                                                       4, 2015 [Insert Federal Register cita-
                                                                                                                                                                                       tion]


                                                          *                             *                             *                        *                       *                       *                    *



                                              *       *         *       *        *                                 ENVIRONMENTAL PROTECTION                                 Federal regulations. Some are more
                                                                                                                   AGENCY                                                   substantive, but are non-controversial.
                                              ■ 3. Section 52.172 is amended by
                                                                                                                                                                            In addition, they provide more clarity
                                              revising paragraphs (c) and (d) to read                              40 CFR Parts 52, 62, and 70                              for the regulated public. This direct
                                              as follows:                                                                                                                   final action will amend the SIP to
                                                                                                                   [EPA–R07–OAR–2015–0006; FRL9923–68–
                                              § 52.172        Approval status.                                     Region 7]                                                include revised regulations which will
                                                                                                                                                                            then be more consistent with Federal
                                                (b) * * *                                                          Approval and Promulgation of Air                         regulations. These revisions do not have
                                                (c) 1997 PM2.5 NAAQS: The SIP                                      Quality Implementation Plans, State                      an adverse effect on air quality. EPA’s
                                              submitted March 28, 2008 is                                          Plans for Designated Facilities and                      approval of these rule revisions is being
                                              disapproved for CAA element                                          Pollutants, and Operating Permits                        done in accordance with the
                                              110(a)(2)(D)(ii).                                                    Program; State of Missouri                               requirements of the Clean Air Act
                                                                                                                                                                            (CAA).
                                                (d) 2006 PM2.5 NAAQS: The SIPs                                     AGENCY: Environmental Protection
                                                                                                                   Agency.                                                  DATES: This direct final rule will be
                                              submitted March 28, 2008 and
                                                                                                                   ACTION: Direct final rule.                               effective May 4, 2015, without further
                                              September 16, 2009 are disapproved for
                                                                                                                                                                            notice, unless EPA receives adverse
                                              CAA element 110(a)(2)(D)(ii).
                                                                                                                   SUMMARY:   The Environmental Protection                  comment April 3, 2015. If EPA receives
                                              ■ 4. Section 52.181 is amended by                                    Agency (EPA) is taking direct final                      adverse comment, we will publish a
                                              adding paragraph (a)(5) to read as                                   action to approve revisions to the State                 timely withdrawal of the direct final
                                              follows:                                                             Implementation Plan (SIP) and the                        rule in the Federal Register informing
                                                                                                                   operating permits program for the State                  the public that the rule will not take
                                              § 52.181        Significant deterioration of air                     of Missouri which were received on                       effect.
                                              quality.                                                             November 6, 2013, November 20, 2014,                     ADDRESSES: Submit your comments,
                                                (a) * * *                                                          March 27, 2014, July 7, 2014, and July                   identified by Docket ID No. EPA–R07–
                                                                                                                   14, 2014. The revisions submitted by the                 OAR–2015–0006, by one of the
                                                (5) December 1, 2014—submittal of                                  state include amendments to rules
                                              Regulation 19, Chapter 9, Prevention of                                                                                       following methods:
                                                                                                                   relating to reference methods,                              1. www.regulations.gov. Follow the
                                              Significant Deterioration which                                      definitions and common reference                         on-line instructions for submitting
                                              provided the authority to regulate and
ebenthall on DSK5SPTVN1PROD with RULES




                                                                                                                   tables, ambient air quality standards,                   comments.
                                              permit emissions of PM2.5 and its                                    and a rule rescission related to air                        2. Email: bhesania.amy@epa.gov.
                                              precursors.                                                          quality control measures for sources                        3. Mail or Hand Delivery: Amy
                                              *     *    *     *     *                                             clustered in small land areas. Many of                   Bhesania, Environmental Protection
                                              [FR Doc. 2015–04270 Filed 3–3–15; 8:45 am]                           the revisions are administrative in                      Agency, Air Planning and Development
                                              BILLING CODE 6560–50–P                                               nature and either incorporate by                         Branch, 11201 Renner Boulevard,
                                                                                                                   reference or update state rules to match                 Lenexa, Kansas 66219.


                                         VerDate Sep<11>2014        22:23 Mar 03, 2015      Jkt 235001     PO 00000       Frm 00043    Fmt 4700    Sfmt 4700   E:\FR\FM\04MRR1.SGM    04MRR1


                                              11578             Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Rules and Regulations

                                                 Instructions: Direct your comments to                913–551–7147, or by email at                          proposed rule because we view this as
                                              Docket ID No. EPA–R07–OAR–2015–                         bhesania.amy@epa.gov.                                 a noncontroversial action and anticipate
                                              0006. EPA’s policy is that all comments                 SUPPLEMENTARY INFORMATION:                            no adverse comment. However, in the
                                              received will be included in the public                 Throughout this document ‘‘we,’’ ‘‘us,’’              ‘‘Proposed Rules’’ section of today’s
                                              docket without change and may be                        or ‘‘our’’ refer to EPA. This section                 Federal Register, we are publishing a
                                              made available online at                                provides additional information by                    separate document that will serve as the
                                              www.regulations.gov, including any                      addressing the following:                             proposed rule to approve the SIP,
                                              personal information provided, unless                   I. What is being addressed in this document?
                                                                                                                                                            111(d), and operating permits revisions,
                                              the comment includes information                        II. Have the requirements for approval of a           if adverse comments are received on
                                              claimed to be Confidential Business                          SIP revision been met?                           this direct final rule. We will not
                                              Information (CBI) or other information                  III. What action is EPA taking?                       institute a second comment period on
                                              whose disclosure is restricted by statute.                                                                    this action. Any parties interested in
                                              Do not submit through                                   I. What is being addressed in this                    commenting must do so at this time. For
                                              www.regulations.gov or email                            document?                                             further information about commenting
                                              information that you consider to be CBI                    EPA is taking direct final action to               on this rule, see the ADDRESSES section
                                              or otherwise protected. The                             amend Missouri’s SIP, 111(d) plan, and                of this document.
                                              www.regulations.gov Web site is an                      operating permits program by approving                   If EPA receives adverse comment, we
                                              ‘‘anonymous access’’ system, which                      the state’s requests to amend the                     will publish a timely withdrawal in the
                                              means EPA will not know your identity                   following rules:                                      Federal Register informing the public
                                              or contact information unless you                          1. 10 CSR 10–6.040, Reference                      that this direct final rule will not take
                                              provide it in the body of your comment.                 Methods, received November 6, 2013.                   effect. We will address all public
                                              If you send an email comment directly                      2. 10 CSR 10–6.040, Reference                      comments in any subsequent final rule
                                              to EPA without going through                            Methods, received November 20, 2014.                  based on the proposed rule.
                                              www.regulations.gov, your email                            3. 10 CSR 10–6.020, Definitions and
                                              address will be automatically captured                  Common Reference Tables, received                     Statutory and Executive Order Reviews
                                              and included as part of the comment                     March 27, 2014.                                          In this rule, EPA is finalizing
                                              that is placed in the public docket and                    4. 10 CSR 10–5.240, Additional Air                 regulatory text that includes
                                              made available on the Internet. If you                  Quality Control Measures May be                       incorporation by reference. In
                                              submit an electronic comment, EPA                       Required When Sources are Clustered in                accordance with requirements of 1 CFR
                                              recommends that you include your                        a Small Land Area, received July 7,                   51.5, EPA is finalizing the incorporation
                                              name and other contact information in                   2014.                                                 by reference of Missouri rules 10–5.240,
                                              the body of your comment and with any                      5. 10 CSR 10–6.010, Air Quality
                                                                                                                                                            10–6.010, 10–6.020, and 10–6.040
                                              disk or CD–ROM you submit. If EPA                       Standards, received July 14, 2014.
                                                                                                         The revisions submitted by the state               described in the direct final
                                              cannot read your comment due to                                                                               amendments to 40 CFR part 52 set forth
                                                                                                      include revisions to update standards
                                              technical difficulties and cannot contact                                                                     below. EPA has made, and will continue
                                                                                                      and reference methods, to clarify, add or
                                              you for clarification, EPA may not be                                                                         to make, these documents generally
                                                                                                      amend definitions and reference tables,
                                              able to consider your comment.                                                                                available electronically through
                                                                                                      to rescind an outdated rule, and to
                                              Electronic files should avoid the use of                                                                      www.regulations.gov and/or in hard
                                                                                                      update and clarify ambient air quality
                                              special characters, any form of                                                                               copy at the appropriate EPA office (see
                                                                                                      standards. For more information on the
                                              encryption, and be free of any defects or                                                                     the ADDRESSES section of this preamble
                                                                                                      state’s submissions, specific revisions to
                                              viruses.                                                                                                      for more information).
                                                                                                      each rule and EPA’s review of the
                                                 Docket: All documents in the docket                                                                           Under Executive Order 12866 (58 FR
                                                                                                      revisions, see the Technical Support
                                              are listed in the www.regulations.gov                                                                         51735, October 4, 1993), this action is
                                                                                                      Document (TSD) that is a part of this
                                              index. Although listed in the index,                                                                          not a ‘‘significant regulatory action’’ and
                                                                                                      docket.
                                              some information is not publicly                                                                              therefore is not subject to review under
                                              available, i.e., CBI or other information               II. Have the requirements for approval                Executive Orders 12866 and 13563 (76
                                              whose disclosure is restricted by statute.              of a SIP, part 62, and part 70 revisions              FR 3821, January 21, 2011). This action
                                              Certain other material, such as                         been met?                                             is also not subject to Executive Order
                                              copyrighted material, will be publicly                     The state submission has met the                   13211, ‘‘Actions Concerning Regulations
                                              available only in hard copy form.                       public notice requirements for SIP                    That Significantly Affect Energy Supply,
                                              Publicly available docket materials are                 submissions in accordance with 40 CFR                 Distribution, or Use’’ (66 FR 28355, May
                                              available either electronically in                      51.102. The submission also satisfied                 22, 2001). This action merely approves
                                              www.regulations.gov or in hard copy at                  the completeness criteria of 40 CFR part              state law as meeting Federal
                                              the Environmental Protection Agency,                    51, appendix V. In addition, as                       requirements and imposes no additional
                                              Air Planning and Development Branch,                    explained above and in more detail in                 requirements beyond those imposed by
                                              11201 Renner Boulevard, Lenexa,                         the TSD which is part of this docket, the             state law. Accordingly, the
                                              Kansas 66219. The Regional Office’s                     revision meets the substantive SIP                    Administrator certifies that this rule
                                              official hours of business are Monday                   requirements of the CAA, including                    will not have a significant economic
                                              through Friday, 8:00 to 4:30 excluding                  section 110 and implementing                          impact on a substantial number of small
                                              legal holidays. The interested persons                  regulations. The substantive                          entities under the Regulatory Flexibility
                                              wanting to examine these documents                      requirements of 40 CFR part 62 and                    Act (5 U.S.C. 601 et seq.). Because this
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                                              should make an appointment with the                     Title V of the 1990 CAA Amendments                    rule approves pre-existing requirements
                                              office at least 24 hours in advance.                    and 40 CFR part 70 have been met as                   under state law and does not impose
                                              FOR FURTHER INFORMATION CONTACT:                        well.                                                 any additional enforceable duty beyond
                                              Amy Bhesania, Environmental                                                                                   that required by state law, it does not
                                              Protection Agency, Air Planning and                     III. What action is EPA taking?                       contain any unfunded mandate or
                                              Development Branch, 11201 Renner                           EPA is taking direct final action to               significantly or uniquely affect small
                                              Boulevard, Lenexa, Kansas 66219 at                      approve this rule without a prior                     governments, as described in the


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                                                                Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Rules and Regulations                                               11579

                                              Unfunded Mandates Reform Act of 1995                    Paperwork Reduction Act of 1995 (44                   Incorporation by reference,
                                              (Pub. L. 104–4).                                        U.S.C. 3501 et seq.). Burden is defined               Intergovernmental relations, Lead,
                                                 In addition, these direct final actions              at 5 CFR 1320.3(b).                                   Nitrogen dioxide, Ozone, Particulate
                                              are not approved to apply on any Indian                    The Congressional Review Act, 5                    matter, Reporting and recordkeeping
                                              reservation land or in any other area                   U.S.C. 801 et seq., as added by the Small             requirements, Sulfur oxides, Volatile
                                              where EPA or an Indian tribe has                        Business Regulatory Enforcement                       organic compounds.
                                              demonstrated that a tribe has                           Fairness Act of 1996, generally provides
                                              jurisdiction. In those areas of Indian                                                                        40 CFR Part 62
                                                                                                      that before a rule may take effect, the
                                              country, this action does not have tribal               agency promulgating the rule must                       Environmental protection, Air
                                              implications and will not impose                        submit a rule report, which includes a                pollution control, Administrative
                                              substantial direct costs on tribal                      copy of the rule, to each House of the                practice and procedure,
                                              governments or preempt tribal law as                    Congress and to the Comptroller General               Intergovernmental relations, Reporting
                                              specified by Executive Order 13175 (65                  of the United States. EPA will submit a               and recordkeeping requirements.
                                              FR 67249, November 9, 2000).                            report containing this rule and other
                                                 This action also does not have                       required information to the U.S. Senate,              40 CFR Part 70
                                              Federalism implications because it does                 the U.S. House of Representatives, and
                                              not have substantial direct effects on the                                                                      Environmental protection,
                                                                                                      the Comptroller General of the United
                                              States, on the relationship between the                                                                       Administrative practice and procedure,
                                                                                                      States prior to publication of the rule in
                                              national government and the States, or                                                                        Air pollution control, Intergovernmental
                                                                                                      the Federal Register.
                                              on the distribution of power and                                                                              relations, Operating permits, Reporting
                                                                                                         A major rule cannot take effect until
                                              responsibilities among the various                                                                            and recordkeeping requirements.
                                                                                                      60 days after it is published in the
                                              levels of government, as specified in                   Federal Register. This action is not a                  Dated: February 13, 2015.
                                              Executive Order 13132 (64 FR 43255,                     ‘‘major rule’’ as defined by 5 U.S.C.                 Karl Brooks,
                                              August 10, 1999). Thus Executive Order                  804(2).                                               Regional Administrator, Region 7.
                                              13132 does not apply to this action.                       Under section 307(b)(1) of the CAA,
                                              This action merely approves a state rule                petitions for judicial review of this                   For the reasons stated in the
                                              implementing a Federal standard, and                    action must be filed in the United States             preamble, the Environmental Protection
                                              does not alter the relationship or the                  Court of Appeals for the appropriate                  Agency amends 40 CFR part 52 as set
                                              distribution of power and                               circuit by May 4, 2015. Filing a petition             forth below: Chapter I, title 40 of the
                                              responsibilities established in the CAA.                for reconsideration by the Administrator              Code of Federal Regulations is amended
                                              This rule also is not subject to Executive              of this final rule does not affect the                as follows:
                                              Order 13045, ‘‘Protection of Children                   finality of this rule for the purposes of
                                              from Environmental Health Risks and                     judicial review nor does it extend the                PART 52—APPROVAL AND
                                              Safety Risks’’ (62 FR 19885, April 23,                  time within which a petition for judicial             PROMULGATION OF
                                              1997) because it approves a state rule                  review may be filed, and shall not                    IMPLEMENTATION PLANS
                                              implementing a Federal standard.                        postpone the effectiveness of such rule
                                                 In reviewing SIP submissions, EPA’s                                                                        ■ 1. The authority citation for part 52
                                                                                                      or action. Parties with objections to this
                                              role is to approve state choices,                                                                             continues to read as follows:
                                                                                                      direct final rule are encouraged to file a
                                              provided that they meet the criteria of
                                                                                                      comment in response to the parallel                       Authority: 42 U.S.C. 7401 et seq.
                                              the CAA. In this context, in the absence
                                                                                                      notice of proposed rulemaking for this
                                              of a prior existing requirement for the
                                              State to use voluntary consensus                        action published in the proposed rules                Subpart AA—Missouri
                                              standards (VCS), EPA has no authority                   section of today’s Federal Register,
                                              to disapprove a state submission for                    rather than file an immediate petition                ■  2. In § 52.1320 the table in paragraph
                                              failure to use VCS. It would thus be                    for judicial review of this direct final              (c) is amended by:
                                              inconsistent with applicable law for                    rule, so that EPA can withdraw this
                                                                                                                                                            ■ a. Removing under Chapter 5, the
                                              EPA, when it reviews a state                            direct final rule and address the
                                                                                                      comment in the final rulemaking. This                 entry ‘‘10–5.240’’; and
                                              submission, to use VCS in place of a
                                                                                                      action may not be challenged later in                 ■ b. Revising under Chapter 6, the
                                              state submission that otherwise satisfies
                                                                                                      proceedings to enforce its requirements.              entries for ‘‘10–6.010’’, ‘‘10–6.020’’, and
                                              the provisions of the CAA. Thus, the
                                                                                                      (See section 307(b)(2)).                              ‘‘10–6.040’’.
                                              requirements of section 12(d) of the
                                              National Technology Transfer and                        List of Subjects                                         The revisions read as follows:
                                              Advancement Act of 1995 (15 U.S.C.
                                                                                                      40 CFR Part 52                                        § 52.1320    Identification of Plan.
                                              272 note) do not apply. This action does
                                              not impose an information collection                      Environmental protection, Air                       *       *    *      *     *
                                              burden under the provisions of the                      pollution control, Carbon monoxide,                       (c) * * *
                                                                                                     EPA-APPROVED MISSOURI REGULATIONS
                                                                                                            State effective
                                                   Missouri citation                    Title                                      EPA approval date                          Explanation
                                                                                                                 date

                                                                                                      Missouri Department of Natural Resources
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                                              11580                Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Rules and Regulations

                                                                                                EPA-APPROVED MISSOURI REGULATIONS—Continued
                                                                                                                  State effective
                                                    Missouri citation                       Title                                            EPA approval date                              Explanation
                                                                                                                       date

                                                          *                         *                         *                          *                       *                      *                   *

                                               Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of
                                                                                                            Missouri

                                              10 CSR 10–6.010 .........          Ambient Air Quality                     7/30/14        3/4/15 and [Insert Fed-      Hydrogen Sulfide and Sulfuric Acid state stand-
                                                                                  Standards.                                              eral Register cita-          ards are not SIP approved.
                                                                                                                                          tion].
                                              10 CSR 10–6.020 .........          Definitions and Com-                    3/30/14        3/4/15 and [Insert Fed-      Many of the definitions pertain to Title V, 111(d)
                                                                                   mon Reference Ta-                                      eral Register cita-         and asbestos programs and are approved in
                                                                                   bles.                                                  tion].                      the SIP because they provide overall consist-
                                                                                                                                                                      ency in the use of terms in the air program.
                                                                                                                                                                      Similarly, the EPA has also approved this rule
                                                                                                                                                                      as part of the Title V program, and 111(d)
                                                                                                                                                                      even though many of the definitions pertain
                                                                                                                                                                      only to the SIP.

                                                      *                             *                     *                               *                    *                        *                   *
                                              10 CSR 10–6.040 .........          Reference Methods ......               11/30/14        3/4/15 and [Insert Fed-
                                                                                                                                           eral Register cita-
                                                                                                                                           tion].

                                                          *                         *                         *                          *                       *                      *                   *



                                              *       *       *       *      *                            Appendix A to Part 70—Approval                              request to redesignate to attainment the
                                                                                                          Status of State and Local Operating                         Reading, Pennsylvania Nonattainment
                                              PART 62—APPROVAL AND                                        Permits Programs                                            Area (Reading Area or Area) for the
                                              PROMULGATION OF STATE PLANS                                                                                             1997 annual fine particulate matter
                                                                                                          *         *     *         *         *
                                              FOR DESIGNATED FACILITIES AND                                                                                           (PM2.5) national ambient air quality
                                              POLLUTANTS                                                  Missouri                                                    standard (NAAQS). EPA has determined
                                                                                                          *         *     *         *         *                       that the Reading Area attained the
                                              ■ 3. The authority citation for part 62                       (cc) The Missouri Department of Natural                   standard and that it continues to attain
                                              continues to read as follows:                               Resources submitted revisions to Missouri                   the standard. In addition, EPA is
                                                                                                          rule 10 CSR 10–6.020, ‘‘Definitions and                     approving, as a revision to the
                                                  Authority: 42 U.S.C. 7401 et seq.                       Common Reference Tables’’ on March 27,                      Pennsylvania State Implementation Plan
                                                                                                          2014. The state effective date is March 30,
                                              Subpart AA—Missouri                                         2014. This revision is effective May 4, 2015.
                                                                                                                                                                      (SIP), the Reading Area maintenance
                                                                                                                                                                      plan to show maintenance of the 1997
                                                                                                          *         *     *         *         *                       annual PM2.5 NAAQS through 2025 for
                                              *       *       *       *      *                            [FR Doc. 2015–04400 Filed 3–3–15; 8:45 am]
                                                                                                                                                                      the Area. The maintenance plan
                                              ■ 4. Section 62.6350 is amended by                          BILLING CODE 6560–50–P
                                                                                                                                                                      includes the 2017 and 2025 PM2.5 and
                                              adding paragraph (b)(6) to read as                                                                                      nitrogen oxides (NOX) mobile vehicle
                                              follows:                                                                                                                emissions budgets (MVEBs) for the
                                                                                                          ENVIRONMENTAL PROTECTION
                                              § 62.6350       Identification of plan.                     AGENCY                                                      Reading Area for the 1997 annual PM2.5
                                                                                                                                                                      NAAQS, which EPA is approving and
                                              *     *    *     *     *                                                                                                finding adequate for transportation
                                                                                                          40 CFR Parts 52 and 81
                                                (b) * * *                                                                                                             conformity purposes. EPA is also
                                                                                                          [EPA–R03–OAR–2014–0147; FRL–9923–78–                        approving the comprehensive emissions
                                                (6) A revision to Missouri’s 111(d)                       Region 3]
                                              plan to incorporate state regulation 10                                                                                 inventory for the 1997 annual PM2.5
                                              CSR 10–6.020 Definitions and Common                         Approval and Promulgation of Air                            NAAQS for the Reading Area. These
                                              Reference Tables was state effective                        Quality Implementation Plans;                               actions are being taken under the Clean
                                              March 30, 2014. The effective date of                       Pennsylvania; Redesignation Request                         Air Act (CAA).
                                              the amended plan is May 4, 2015.                            and Associated Maintenance Plan for                         DATES: This final rule is effective on
                                              *     *    *     *     *                                    the Reading, Pennsylvania                                   March 4, 2015.
                                                                                                          Nonattainment Area for the 1997                             ADDRESSES: EPA has established a
                                              PART 70—STATE OPERATING PERMIT                              Annual Fine Particulate Matter                              docket for this action under Docket ID
                                              PROGRAMS                                                    Standard, and 2007 Base Year                                Number EPA–R03–OAR–2014–0147. All
                                                                                                          Inventory                                                   documents in the docket are listed in
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                                              ■ 5. The authority citation for part 70                     AGENCY:  Environmental Protection                           the www.regulations.gov Web site.
                                              continues to read as follows:                               Agency (EPA).                                               Although listed in the electronic docket,
                                                  Authority: 42 U.S.C. 7401 et seq.                       ACTION: Final rule.                                         some information is not publicly
                                                                                                                                                                      available, i.e., confidential business
                                              ■ 6. Appendix A to part 70 is amended                       SUMMARY: The Environmental Protection                       information (CBI) or other information
                                              by adding paragraph (cc) under                              Agency (EPA) is approving the                               whose disclosure is restricted by statute.
                                              Missouri to read as follows:                                Commonwealth of Pennsylvania’s                              Certain other material, such as


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Document Created: 2018-02-21 09:31:48
Document Modified: 2018-02-21 09:31:48
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
ActionDirect final rule.
DatesThis direct final rule will be effective May 4, 2015, without further notice, unless EPA receives adverse comment April 3, 2015. If EPA receives adverse comment, we will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.
ContactAmy Bhesania, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at 913-551-7147, or by email at [email protected]
FR Citation80 FR 11577 
CFR Citation40 CFR 52
40 CFR 62
40 CFR 70
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; Volatile Organic Compounds; Administrative Practice and Procedure and Operating Permits

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