80_FR_14114 80 FR 14062 - Approval and Promulgation of Implementation Plans; State of Missouri, Construction Permits Required

80 FR 14062 - Approval and Promulgation of Implementation Plans; State of Missouri, Construction Permits Required

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 52 (March 18, 2015)

Page Range14062-14066
FR Document2015-06153

The Environmental Protection Agency (EPA) is proposing to approve revisions to the State Implementation Plan (SIP) for the State of Missouri submitted on October 2, 2013. This proposed rulemaking will amend the SIP to update the construction permits rule to incorporate by reference recent EPA actions related to plantwide applicability limitations (PALs) for greenhouse gases (GHGs) and to correct the definition of ``regulated NSR pollutant.'' Other revisions include modifying the notification period for initial equipment start-up and clarifying de minimis permit air quality analysis requirements.

Federal Register, Volume 80 Issue 52 (Wednesday, March 18, 2015)
[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)]
[Proposed Rules]
[Pages 14062-14066]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06153]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0123; FRL-9924-54-Region 7]


Approval and Promulgation of Implementation Plans; State of 
Missouri, Construction Permits Required

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the State Implementation Plan (SIP) for the State 
of Missouri submitted on October 2, 2013. This proposed rulemaking will 
amend the SIP to update the construction permits rule to incorporate by 
reference recent EPA actions related to plantwide applicability 
limitations (PALs) for greenhouse gases (GHGs) and to correct the 
definition of ``regulated NSR pollutant.'' Other revisions include 
modifying the notification period for initial equipment start-up and 
clarifying de minimis permit air quality analysis requirements.

DATES: Comments must be received on or before April 17, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2015-0123, 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: Paula Higbee, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2015-0123. 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: Paula Higbee, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219 at 913-551-7028 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. Background
III. Have the requirements for approval of a SIP revision been met?

[[Page 14063]]

IV. What action is EPA taking?

I. What is being addressed in this document?

    EPA is proposing to approve the SIP revision submitted by the state 
of Missouri for 10 CSR 10-6.060, ``Construction Permits Required''. On 
October 3, 2013, EPA received a request to amend the SIP to incorporate 
by reference all sections of title 40 part 52.21 of the Code of Federal 
Regulations (CFR) except for subsections (a), (q) and (s) through July 
1, 2012. Missouri is also requesting to amend the SIP to incorporate by 
reference EPA's July 12, 2012, final rule finalizing PALs for GHGs (77 
FR 41051) and EPA's October 25, 2012, final rule amending the 
definition of ``Regulated NSR Pollutant'' concerning condensable 
particulate matter (77 FR 65107). In Missouri's letter to EPA, Missouri 
also requested to amend the SIP to incorporate EPA's May 18, 2011, rule 
repealing the grandfathering provisions for particulate matter less 
than 2.5 micrometers (PM2.5) under the PSD program, but 
because the state has an already approved PSD program which 
incorporates by reference the provisions of 40 CFR 52.21 through July 
1, 2011, Missouri's Federally approved program already incorporates 
this action. Other revisions to Missouri's rule which we are proposing 
to take action on include clarifying the requirements for conducting an 
air quality analysis in section 5, De Minimis Permits and making minor 
administrative clarifications as well as revising the notification 
period for initial start-up in section 6, General Permits.

II. Background

    Missouri implements its PSD program by incorporating by reference 
section 52.21 of the CFR in its rule 10 CSR 10-6.060, ``Construction 
Permits Required''. In a previous action on June 21, 2013, EPA approved 
the most recent amendment to Missouri's PSD program (78 FR 37457). 
Missouri's currently approved PSD program incorporates by reference 
(IBR) the Federal regulations as promulgated July 1, 2011, in the CFR, 
and incorporates the July 20, 2011, rule ``Deferral for CO2 Emissions 
from Bioenergy and Other Biogenic Sources under the Prevention of 
Significant Deterioration and Title V Programs'' (``Biomass Deferral'' 
76 FR 43490). Missouri's currently approved PSD program contains a 
number of important required elements, including those related to the 
2008 ``Implementation of New Source Review (NSR) Program for 
Particulate Matter Less Than 2.5 Micrometers (PM2.5)'' (2008 
NSR PM2.5 Rule; 73 FR 28321). For PSD sources in Missouri, 
PSD permits must address direct PM2.5 emissions as well as 
precursor emissions (including sulfur dioxide (SO2) and 
oxides of nitrogen (NOX)), establish significant emission 
rates for PM2.5 and precursor emissions, and establish the 
requirement to account for condensable particulate matter. On January 
4, 2013, the U.S. Court of Appeals for the District of Columbia Circuit 
(D.C. Circuit), in Natural Resources Defense Council v. EPA, issued a 
decision that remanded the EPA's rules implementing the 1997 
PM2.5 NAAQS.\1\ The court's remand of the 2008 NSR 
PM2.5 Rule is relevant to this final rulemaking. This rule 
promulgated NSR requirements for implementation of PM2.5 in 
both nonattainment areas (nonattainment NSR) and attainment/
unclassifiable areas (PSD). The D.C. Circuit found that EPA erred in 
implementing the PM2.5 NAAQS pursuant to the general 
implementation provisions of subpart 1 of part D of title 1 of the CAA, 
rather than pursuant to the additional implementation provisions 
specific to particulate matter nonattainment areas in subpart 4. The 
Court ordered EPA to ``repromulgate these rules pursuant to Subpart 4 
consistent with this opinion.'' (Id. at 437). However, as the 
requirements of subpart 4 only pertain to nonattainment areas, it is 
EPA's position that the portions of the 2008 NSR PM2.5 Rule 
that address requirements for PM2.5 in attainment and 
unclassifiable areas are not affected by the D.C. Circuit's opinion in 
NRDC v. EPA. Moreover, EPA does not anticipate the need to revise any 
PSD requirements promulgated in the 2008 NSR PM2.5 Rule in 
order to comply with the court's decision. Accordingly, EPA's approval 
of Missouri's SIP as to the PSD requirements promulgated by the 2008 
NSR PM2.5 Rule does not conflict with the D.C. Circuit's 
opinion.
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    \1\ See 706 F.3d 428 (D.C. Cir. 2013).
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    On October 20, 2010, EPA promulgated additional PSD regulations 
relating to PM2.5: ``Prevention of Significant Deterioration 
(PSD) for Particulate Matter Less than 2.5 Micrometers 
(PM2.5)--Increments, Significant Impact Levels (SILs), and 
Significant Monitoring Concentrations (SMC)'' (2010 PSD 
PM2.5 Rule, 73 FR 64864). On January 22, 2013, the D.C. 
Circuit, in Sierra Club v. EPA, issued a judgment that, inter alia, 
vacated and remanded the SIL provisions at section 52.21(k)(2). 
Additionally, the D.C. Circuit vacated the SMC provisions at section 
52.21(i)(5)(i)(c).\2\ In response to the D.C. Circuit's decision, EPA 
took final action on December 9, 2013, to remove the SIL provisions 
from the Federal PSD regulations, and to revise the SMC for 
PM2.5 to zero (78 FR 73698). On March 19, 2013, and October 
21, 2013, Missouri submitted additional information to amend their 
September 5, 2012, SIP submission to clarify that they no longer 
intended to include the PM2.5 SILs and SMC provisions (see 
78 FR 37457, June 21, 2013, for more information). Specifically, 
Missouri Department of Natural Resources (MDNR) will not apply either 
the PM2.5 SILs provisions at 40 CFR 51.166(k)(2) and 
52.21(k)(2), or the PM2.5 SMC provisions at 40 CFR 
51.166(i)(5)(i)(c) to pending or future PSD permit actions. It is the 
state's intent that PM2.5 will remain on the list of 
pollutants but that the associated concentration level would be blank 
or zero. In other words, pre-construction monitoring will continue to 
apply but without de minimis thresholds. Therefore, the provisions with 
which the court took issue are not in effect in Missouri.
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    \2\ See 705 F.3d 458, 469
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    On June 23, 2014, the United States Supreme Court, in Utility Air 
Regulatory Group v. Environmental Protection Agency, issued a decision 
addressing the application of PSD permitting requirements to greenhouse 
gas (GHG) emissions.\3\ The Supreme Court said that the EPA may not 
treat GHGs as an air pollutant for purposes of determining whether a 
source is a major source (or modification thereof) required to obtain a 
PSD permit. The Court also said that EPA could continue to require that 
PSD permits, otherwise required based on emissions of pollutants other 
than GHGs, contain limitations on GHG emissions based on the 
application of Best Available Control Technology (BACT). In order to 
act consistently with its understanding of the Court's decision pending 
further judicial action before the D.C. Circuit to effectuate the 
decision, the EPA is not continuing to apply EPA regulations that would 
require that SIPs include permitting requirements that the Supreme 
Court found impermissible. Specifically, EPA is not applying the 
requirement that a state's SIP-approved PSD program require that 
sources obtain PSD permits when GHGs are the only pollutant, (i) that 
the source emits or has the potential to emit above the major source 
thesholds, or (ii) for which there is a significant emissions increase 
and a significant net emissions increase from

[[Page 14064]]

a modification (e.g. 40 CFR 51.166(b)(48)(v)).
---------------------------------------------------------------------------

    \3\ 134 S.Ct. 2427.
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    EPA anticipates a need to revise Federal PSD rules in light of the 
Supreme Court opinion. In addition, EPA anticipates that many states 
will revise their existing SIP-approved PSD programs in light of the 
Supreme Court's decision. This can be accomplished as soon as EPA 
revises the Federal PSD rules in states that allow future revisions to 
the Federal PSD program to be automatically incorporated into the SIP. 
The timing and content of subsequent EPA actions with respect to the 
EPA regulations is expected to be informed by additional legal 
processes before the D.C. Circuit. EPA is not expecting states to have 
revised their existing PSD program regulations at this juncture, before 
the D.C. Circuit has addressed these issues and before EPA has revised 
its regulations at 40 CFR 51.166. However, EPA is evaluating PSD 
program submissions to assure that the state's program correctly 
addresses GHGs consistent with the Supreme Court's decision.
    Missouri's existing approved SIP contains the GHG permitting 
requirements reflected in 40 CFR 52.21 after EPA issued the Tailoring 
Rule. As a result, the PSD permitting program in Missouri previously 
approved by EPA into the SIP continues to require that PSD permits 
(otherwise required based on emissions of pollutants other than GHGs) 
contain limitations on GHG emissions based on the application of BACT 
when sources emit or increase greenhouse gases in the amount of 75,000 
tons per year (measured as carbon dioxide equivalent). Although the 
approved Missouri PSD permitting program may also currently contain 
provisions that are no longer necessary in light of the Supreme Court 
decision, this does not prevent EPA from approving the submission 
addressed in this rule. Missouri's 2013 SIP submission does not add any 
GHG permitting requirements that are inconsistent with the Supreme 
Court decision. While this submission incorporates all of section 52.21 
for completeness, except for subsections (a), (q) and (s), the 
submission mostly reincorporates PSD permitting requirements for GHG's 
that are already in the Missouri SIP.
    This proposed revision does add to the Missouri SIP the elements of 
EPA's July 12, 2012, rulemaking, Prevention of Significant 
Deterioration and Title V Greenhouse Gas Tailoring Rule Step 3 and GHG 
Plantwide Applicability Limits, ``Step 3 Tailoring Rule'' (77 FR 
41051), which implements Step 3 of the phase in of PSD permitting 
requirements for GHGs. This rule became effective on August 13, 2012. 
Specifically, the incorporation of the Step 3 rule provisions will 
allow GHG-emitting sources to obtain plantwide applicability limits 
(PALs) for their GHG-emitting sources on a carbon dioxide equivalent 
(CO2e) basis. The GHG PAL provisions, as currently written, include 
some provisions that may no longer be appropriate in light of the 
Supreme Court decision. Since the Supreme Court has determined that 
sources and modifications may not be defined as ``major'' solely on the 
basis of the level of GHGs emitted or increased, PALs for GHGs may no 
longer have value in some situations where a source might have 
triggered PSD based on GHG emissions alone. However, PALs for GHGs may 
still have a role to play in determining whether a modification that 
triggers PSD for a pollutant other than GHGs should also be subject to 
BACT for GHGs. These provisions, like the other GHG provisions 
discussed previously, will likely be revised pending further legal 
action. However, these provisions do not add new requirements for 
sources or modifications that only emit or increase GHGs above the 
major source threshold or the 75,000 tpy GHG level in section 
52.21(b)(49)(iv). Rather, the PALs provisions provide increased 
flexibility to sources that wish to address their GHG emissions in a 
PAL. Since this flexibility may still be valuable to sources in at 
least one context described above, we believe that it is appropriate to 
approve these provisions into the Missouri SIP at this juncture.
    EPA is proposing to revise Missouri's SIP to incorporate by 
reference EPA's October 25, 2012 rule, ``Implementation of the New 
Source Review Program for Condensable Particulate Matter''. This 
revision is appropriate and necessary to ensure that the inadvertent 
error which was contained in EPA's 2008 rule, which was previously SIP 
approved in the Missouri rule (78 FR 37457) is corrected. EPA's 2008 
rule, ``Implementation of the New Source Review (NSR) Program for 
Particulate Matter Less Than 2.5 Micrometers (PM2.5).'' See 
73 FR 28321 (May 16, 2008), inadvertently included a requirement to 
consider condensable PM when measuring one of the emissions-related 
indicators for PM known as ``particulate matter emissions'' in the 
context of the PSD and NSR regulations. EPA's 2012 rule corrects the 
error in the 2008 rule and therefore it is appropriate and necessary to 
incorporate by reference the 2012 rule and related corrections to the 
definition of ``particulate matter emissions.''

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

    As stated above, Missouri's incorporation by reference of all 
sections of title 40 section 52.21 of the CFR except for subsections 
(a), (q) and (s) and EPA's July 12, 2012, final rule on PALs for GHGs 
(77 FR 41051) and EPA's October 25, 2012, final rule amending the 
definition of ``Regulated NSR Pollutant'' concerning condensable 
particulate matter (77 FR 65107) are appropriate even in light of 
recent court actions and ensure that the state PSD program is in 
agreement with Federal requirements. Missouri also requested to amend 
the SIP to incorporate EPA's May 18, 2011, rule repealing the 
grandfathering provisions for PM2.5 under the PSD program, 
but because the state has an already approved PSD program which 
incorporates by reference the provisions of 40 CFR 52.21 through July 
1, 2011, Missouri's Federally approved program already incorporates 
this action.
    Additional revisions include, in paragraph (5)(D)(1) of the rule, 
Missouri is adding subparagraphs A. and B. which provide clear and 
specific requirements for when an air quality analysis is required for 
De Minimis permits. In (5)(D)(2) of the rule, Missouri is adding 
subparagraphs A., B., and C. which provide clear and specific 
requirements for when the director may require an air quality analysis. 
These revisions strengthen Missouri's PSD program.
    MDNR is making minor administrative edits to subsections (6)(A) and 
(6)(A)(2). In (6)(E)(1)(A) Missouri is modifying the notification 
period for initial equipment start-up. This revision shortens the 
timeframe for which notification is provided to the state prior to 
initial start-up.
    The state submission has met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. The submission also 
satisfies the completeness criteria of 40 CFR part 51, appendix V. In 
addition, as explained above, the revision meets the substantive SIP 
requirements of the CAA, including section 110 and implementing 
regulations. MDNR received five (5) comments from one source: The U.S. 
Environmental Protection Agency. Missouri responded to each of the 
comments and made revisions to the rule as appropriate. Overall, these 
actions strengthen the Missouri SIP, by ensuring the state PSD program 
incorporates recent Federal PSD updates. These revisions do not

[[Page 14065]]

negatively impact air quality, nor relax the SIP.

IV. What action is EPA taking?

    EPA is proposing to approve the revisions to the SIP. These 
revisions update the construction permits rule to incorporate by 
reference recent EPA actions related to PALs for GHGs, and amend the 
definition of ``Regulated NSR Pollutant.'' Other revisions include 
modifying the notification period for initial equipment start-up and 
clarifying de minimis permit air quality analysis requirements.
    We are processing this rule as a proposed action because we are 
soliciting comments on this proposed action. Final rulemaking will 
occur after consideration of any comments.

Statutory and Executive Order Reviews

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference Missouri 10 CSR 10-6.060 ``Construction Permits Required'' 
described in the proposed 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 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'' under the terms 
of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under Executive Orders 12866 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 CAA; 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 18, 2015. Filing a petition for 
reconsideration by the Administrator of this proposed rule does not 
affect the finality of this rulemaking 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 effectivess of such 
future rule or action. This proposed action may not be challenged later 
in proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: March 9, 2015.
 Mark Hague,
 Acting Regional Administrator, Region 7.
    For the reasons stated in the preamble, EPA proposes to amend 40 
CFR part 52 as set forth below:

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

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

Subpart AA--Missouri

0
2. In Sec.  52.1320 the table in paragraph (c) is amended by revising 
the entry for 10-6.060 to read as follows:


Sec.  52.1320  Identification of Plan.

* * * * *
    (c) * * *

[[Page 14066]]



                                        EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
                                                     State
      Missouri citation              Title         effective   EPA Approval date            Explanation
                                                      date
----------------------------------------------------------------------------------------------------------------
                                    Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
     Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control
                                  Regulations for the Entire State of Missouri
----------------------------------------------------------------------------------------------------------------
10 CSR 10-6.060..............  Construction          10/30/13  3/18/15 [Insert    Provisions of the 2010 PM2.5
                                Permits Required.               Federal Register   PSD--Increments, SILs and
                                                                citation].         SMCs rule (75 FR 64865,
                                                                                   October 20, 2010) relating to
                                                                                   SILs and SMCs that were
                                                                                   affected by the January 22,
                                                                                   2013 U.S. Court of Appeals
                                                                                   decision are not SIP
                                                                                   approved.
                                                                                  Provisions of the 2002 NSR
                                                                                   reform rule relating to the
                                                                                   Clean Unit Exemption and
                                                                                   Pollution Control Projects
                                                                                   are not SIP approved.
                                                                                  In addition, we have not
                                                                                   approve Missouri's rule
                                                                                   incorporating EPA's 2007
                                                                                   revision fo the definition of
                                                                                   ``chemical processing
                                                                                   plants'' (the ``Ethanol
                                                                                   Rule,'' 72 FR 24060 (May 1,
                                                                                   2007).
                                                                                  Although exemptions previously
                                                                                   listed in 10 CSR 10-6.060
                                                                                   have been transferred to 10
                                                                                   CSR 10-6.061, the Federally-
                                                                                   approved SIP continues to
                                                                                   include the following
                                                                                   exemption, ``Livestock and
                                                                                   livestock handling systems
                                                                                   from which the only potential
                                                                                   contaminant is odorous gas.''
                                                                                  Section 9, pertaining to
                                                                                   hazardous air pollutants, is
                                                                                   not SIP approved.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

[FR Doc. 2015-06153 Filed 3-17-15; 08:45 am]
 BILLING CODE 6560-50-P



                                                      14062                 Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Proposed Rules

                                                      applying only to those regulatory                       because it does not change the level of               Information (CBI) or other information
                                                      actions that concern health or safety                   environmental protection for any                      whose disclosure is restricted by statute.
                                                      risks, such that the analysis required                  affected populations.                                 Do not submit through
                                                      under section 5–501 of the Executive                      Dated: March 4, 2015.                               www.regulations.gov or email
                                                      Order has the potential to influence the                Jared Blumenfeld,
                                                                                                                                                                    information that you consider to be CBI
                                                      regulation. This rule is not subject to                                                                       or otherwise protected. The
                                                                                                              Regional Administrator, Region IX.
                                                      Executive Order 13045, because it                                                                             www.regulations.gov Web site is an
                                                      proposes to approve a State rule                        [FR Doc. 2015–06143 Filed 3–17–15; 8:45 am]
                                                                                                                                                                    ‘‘anonymous access’’ system, which
                                                      implementing a Federal standard.                        BILLING CODE 6560–50–P                                means EPA will not know your identity
                                                      H. Executive Order 13211, Actions That                                                                        or contact information unless you
                                                      Significantly Affect Energy Supply,                                                                           provide it in the body of your comment.
                                                                                                              ENVIRONMENTAL PROTECTION
                                                      Distribution, or Use                                                                                          If you send an email comment directly
                                                                                                              AGENCY
                                                                                                                                                                    to EPA without going through
                                                        This rule is not subject to Executive                                                                       www.regulations.gov, your email
                                                      Order 13211, ‘‘Actions Concerning                       40 CFR Part 52
                                                                                                                                                                    address will be automatically captured
                                                      Regulations That Significantly Affect                   [EPA–R07–OAR–2015–0123; FRL–9924–54–                  and included as part of the comment
                                                      Energy Supply, Distribution, or Use’’ (66               Region 7]                                             that is placed in the public docket and
                                                      FR 28355, May 22, 2001) because it is                                                                         made available on the Internet. If you
                                                      not a significant regulatory action under               Approval and Promulgation of
                                                                                                                                                                    submit an electronic comment, EPA
                                                      Executive Order 12866.                                  Implementation Plans; State of
                                                                                                                                                                    recommends that you include your
                                                                                                              Missouri, Construction Permits
                                                      I. National Technology Transfer and                                                                           name and other contact information in
                                                                                                              Required
                                                      Advancement Act                                                                                               the body of your comment and with any
                                                                                                              AGENCY:  Environmental Protection                     disk or CD–ROM you submit. If EPA
                                                         Section 12(d) of the National
                                                                                                              Agency.                                               cannot read your comment due to
                                                      Technology Transfer and Advancement
                                                                                                              ACTION: Proposed rule.                                technical difficulties and cannot contact
                                                      Act of 1995 (NTTAA), Public Law 104–
                                                                                                                                                                    you for clarification, EPA may not be
                                                      113, 12 (10) (15 U.S.C. 272 note) directs               SUMMARY:   The Environmental Protection               able to consider your comment.
                                                      EPA to use voluntary consensus                          Agency (EPA) is proposing to approve                  Electronic files should avoid the use of
                                                      standards (VCS) in its regulatory                       revisions to the State Implementation                 special characters, any form of
                                                      activities unless to do so would be                     Plan (SIP) for the State of Missouri                  encryption, and be free of any defects or
                                                      inconsistent with applicable law or                     submitted on October 2, 2013. This                    viruses.
                                                      otherwise impractical. VCS are                          proposed rulemaking will amend the                       Docket: All documents in the docket
                                                      technical standards (e.g., materials                    SIP to update the construction permits                are listed in the www.regulations.gov
                                                      specifications, test methods, sampling                  rule to incorporate by reference recent               index. Although listed in the index,
                                                      procedures, and business practices) that                EPA actions related to plantwide                      some information is not publicly
                                                      are developed or adopted by the VCS                     applicability limitations (PALs) for                  available, i.e., CBI or other information
                                                      bodies. The NTTAA directs EPA to                        greenhouse gases (GHGs) and to correct                whose disclosure is restricted by statute.
                                                      provide Congress, through annual                        the definition of ‘‘regulated NSR                     Certain other material, such as
                                                      reports to OMB, with explanations                       pollutant.’’ Other revisions include                  copyrighted material, will be publicly
                                                      when the Agency decides not to use                      modifying the notification period for                 available only in hard copy form.
                                                      available and applicable VCS. EPA                       initial equipment start-up and clarifying             Publicly available docket materials are
                                                      believes that VCS are inapplicable to                   de minimis permit air quality analysis                available either electronically in
                                                      this action. Today’s action does not                    requirements.                                         www.regulations.gov or in hard copy at
                                                      require the public to perform activities                                                                      the Environmental Protection Agency,
                                                      conducive to the use of VCS.                            DATES:  Comments must be received on
                                                                                                              or before April 17, 2015.                             Air Planning and Development Branch,
                                                      J. Executive Order 12898: Federal                       ADDRESSES: Submit your comments,
                                                                                                                                                                    11201 Renner Boulevard, Lenexa,
                                                      Actions To Address Environmental                        identified by Docket ID No. EPA–R07–                  Kansas 66219. The Regional Office’s
                                                      Justice in Minority Populations and                     OAR–2015–0123, by one of the                          official hours of business are Monday
                                                      Low-Income Population                                   following methods:                                    through Friday, 8:00 to 4:30 excluding
                                                         Executive Order (EO) 12898 (59 FR                      1. www.regulations.gov. Follow the                  legal holidays. The interested persons
                                                      7629 (Feb. 16, 1994)) establishes federal               on-line instructions for submitting                   wanting to examine these documents
                                                      executive policy on environmental                       comments.                                             should make an appointment with the
                                                      justice. Its main provision directs                       2. Email: Higbee.paula@epa.gov.                     office at least 24 hours in advance.
                                                      federal agencies, to the greatest extent                  3. Mail or Hand Delivery: Paula                     FOR FURTHER INFORMATION CONTACT:
                                                      practicable and permitted by law, to                    Higbee, Environmental Protection                      Paula Higbee, Environmental Protection
                                                      make environmental justice part of their                Agency, Air Planning and Development                  Agency, Air Planning and Development
                                                      mission by identifying and addressing,                  Branch, 11201 Renner Boulevard,                       Branch, 11201 Renner Boulevard,
                                                      as appropriate, disproportionately high                 Lenexa, Kansas 66219.                                 Lenexa, Kansas 66219 at 913–551–7028
                                                      and adverse human health or                               Instructions: Direct your comments to               or by email at Higbee.paula@epa.gov.
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                                                      environmental effects of their programs,                Docket ID No. EPA–R07–OAR–2015–                       SUPPLEMENTARY INFORMATION:
                                                      policies, and activities on minority                    0123. EPA’s policy is that all comments               Throughout this document ‘‘we,’’ ‘‘us,’’
                                                      populations and low-income                              received will be included in the public               or ‘‘our’’ refer to EPA. This section
                                                      populations in the United States.                       docket without change and may be                      provides additional information by
                                                         EPA has determined that this                         made available online at                              addressing the following:
                                                      proposed rule will not have                             www.regulations.gov, including any                    I. What is being addressed in this document?
                                                      disproportionately high and adverse                     personal information provided, unless                 II. Background
                                                      human health or environmental effects                   the comment includes information                      III. Have the requirements for approval of a
                                                      on minority or low-income populations                   claimed to be Confidential Business                         SIP revision been met?



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                                                                            Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Proposed Rules                                              14063

                                                      IV. What action is EPA taking?                          Micrometers (PM2.5)’’ (2008 NSR PM2.5                   section 52.21(i)(5)(i)(c).2 In response to
                                                                                                              Rule; 73 FR 28321). For PSD sources in                  the D.C. Circuit’s decision, EPA took
                                                      I. What is being addressed in this                      Missouri, PSD permits must address                      final action on December 9, 2013, to
                                                      document?                                               direct PM2.5 emissions as well as                       remove the SIL provisions from the
                                                         EPA is proposing to approve the SIP                  precursor emissions (including sulfur                   Federal PSD regulations, and to revise
                                                      revision submitted by the state of                      dioxide (SO2) and oxides of nitrogen                    the SMC for PM2.5 to zero (78 FR 73698).
                                                      Missouri for 10 CSR 10–6.060,                           (NOX)), establish significant emission                  On March 19, 2013, and October 21,
                                                      ‘‘Construction Permits Required’’. On                   rates for PM2.5 and precursor emissions,                2013, Missouri submitted additional
                                                      October 3, 2013, EPA received a request                 and establish the requirement to                        information to amend their September
                                                      to amend the SIP to incorporate by                      account for condensable particulate                     5, 2012, SIP submission to clarify that
                                                      reference all sections of title 40 part                 matter. On January 4, 2013, the U.S.                    they no longer intended to include the
                                                      52.21 of the Code of Federal Regulations                Court of Appeals for the District of                    PM2.5 SILs and SMC provisions (see 78
                                                      (CFR) except for subsections (a), (q) and               Columbia Circuit (D.C. Circuit), in                     FR 37457, June 21, 2013, for more
                                                      (s) through July 1, 2012. Missouri is also              Natural Resources Defense Council v.                    information). Specifically, Missouri
                                                      requesting to amend the SIP to                          EPA, issued a decision that remanded                    Department of Natural Resources
                                                      incorporate by reference EPA’s July 12,                 the EPA’s rules implementing the 1997                   (MDNR) will not apply either the PM2.5
                                                      2012, final rule finalizing PALs for                    PM2.5 NAAQS.1 The court’s remand of                     SILs provisions at 40 CFR 51.166(k)(2)
                                                      GHGs (77 FR 41051) and EPA’s October                    the 2008 NSR PM2.5 Rule is relevant to                  and 52.21(k)(2), or the PM2.5 SMC
                                                      25, 2012, final rule amending the                       this final rulemaking. This rule                        provisions at 40 CFR 51.166(i)(5)(i)(c) to
                                                      definition of ‘‘Regulated NSR Pollutant’’               promulgated NSR requirements for                        pending or future PSD permit actions. It
                                                      concerning condensable particulate                      implementation of PM2.5 in both                         is the state’s intent that PM2.5 will
                                                      matter (77 FR 65107). In Missouri’s                     nonattainment areas (nonattainment                      remain on the list of pollutants but that
                                                      letter to EPA, Missouri also requested to               NSR) and attainment/unclassifiable                      the associated concentration level
                                                      amend the SIP to incorporate EPA’s May                  areas (PSD). The D.C. Circuit found that                would be blank or zero. In other words,
                                                      18, 2011, rule repealing the                            EPA erred in implementing the PM2.5                     pre-construction monitoring will
                                                      grandfathering provisions for particulate               NAAQS pursuant to the general                           continue to apply but without de
                                                      matter less than 2.5 micrometers (PM2.5)                implementation provisions of subpart 1                  minimis thresholds. Therefore, the
                                                      under the PSD program, but because the                  of part D of title 1 of the CAA, rather                 provisions with which the court took
                                                      state has an already approved PSD                       than pursuant to the additional                         issue are not in effect in Missouri.
                                                      program which incorporates by                           implementation provisions specific to                      On June 23, 2014, the United States
                                                      reference the provisions of 40 CFR 52.21                particulate matter nonattainment areas                  Supreme Court, in Utility Air Regulatory
                                                      through July 1, 2011, Missouri’s                        in subpart 4. The Court ordered EPA to                  Group v. Environmental Protection
                                                      Federally approved program already                      ‘‘repromulgate these rules pursuant to                  Agency, issued a decision addressing
                                                      incorporates this action. Other revisions               Subpart 4 consistent with this opinion.’’               the application of PSD permitting
                                                      to Missouri’s rule which we are                         (Id. at 437). However, as the                           requirements to greenhouse gas (GHG)
                                                      proposing to take action on include                     requirements of subpart 4 only pertain                  emissions.3 The Supreme Court said
                                                      clarifying the requirements for                         to nonattainment areas, it is EPA’s                     that the EPA may not treat GHGs as an
                                                      conducting an air quality analysis in                   position that the portions of the 2008                  air pollutant for purposes of
                                                      section 5, De Minimis Permits and                       NSR PM2.5 Rule that address                             determining whether a source is a major
                                                      making minor administrative                             requirements for PM2.5 in attainment                    source (or modification thereof)
                                                      clarifications as well as revising the                  and unclassifiable areas are not affected               required to obtain a PSD permit. The
                                                      notification period for initial start-up in             by the D.C. Circuit’s opinion in NRDC                   Court also said that EPA could continue
                                                      section 6, General Permits.                             v. EPA. Moreover, EPA does not                          to require that PSD permits, otherwise
                                                                                                              anticipate the need to revise any PSD                   required based on emissions of
                                                      II. Background                                          requirements promulgated in the 2008                    pollutants other than GHGs, contain
                                                         Missouri implements its PSD program                  NSR PM2.5 Rule in order to comply with                  limitations on GHG emissions based on
                                                      by incorporating by reference section                   the court’s decision. Accordingly, EPA’s                the application of Best Available
                                                      52.21 of the CFR in its rule 10 CSR 10–                 approval of Missouri’s SIP as to the PSD                Control Technology (BACT). In order to
                                                      6.060, ‘‘Construction Permits Required’’.               requirements promulgated by the 2008                    act consistently with its understanding
                                                      In a previous action on June 21, 2013,                  NSR PM2.5 Rule does not conflict with                   of the Court’s decision pending further
                                                      EPA approved the most recent                            the D.C. Circuit’s opinion.                             judicial action before the D.C. Circuit to
                                                      amendment to Missouri’s PSD program                        On October 20, 2010, EPA                             effectuate the decision, the EPA is not
                                                      (78 FR 37457). Missouri’s currently                     promulgated additional PSD regulations                  continuing to apply EPA regulations
                                                      approved PSD program incorporates by                    relating to PM2.5: ‘‘Prevention of                      that would require that SIPs include
                                                      reference (IBR) the Federal regulations                 Significant Deterioration (PSD) for                     permitting requirements that the
                                                      as promulgated July 1, 2011, in the CFR,                Particulate Matter Less than 2.5                        Supreme Court found impermissible.
                                                      and incorporates the July 20, 2011, rule                Micrometers (PM2.5)—Increments,                         Specifically, EPA is not applying the
                                                      ‘‘Deferral for CO2 Emissions from                       Significant Impact Levels (SILs), and                   requirement that a state’s SIP-approved
                                                      Bioenergy and Other Biogenic Sources                    Significant Monitoring Concentrations                   PSD program require that sources obtain
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                                                      under the Prevention of Significant                     (SMC)’’ (2010 PSD PM2.5 Rule, 73 FR                     PSD permits when GHGs are the only
                                                      Deterioration and Title V Programs’’                    64864). On January 22, 2013, the D.C.                   pollutant, (i) that the source emits or has
                                                      (‘‘Biomass Deferral’’ 76 FR 43490).                     Circuit, in Sierra Club v. EPA, issued a                the potential to emit above the major
                                                      Missouri’s currently approved PSD                       judgment that, inter alia, vacated and                  source thesholds, or (ii) for which there
                                                      program contains a number of important                  remanded the SIL provisions at section                  is a significant emissions increase and a
                                                      required elements, including those                      52.21(k)(2). Additionally, the D.C.                     significant net emissions increase from
                                                      related to the 2008 ‘‘Implementation of                 Circuit vacated the SMC provisions at
                                                      New Source Review (NSR) Program for                                                                               2 See   705 F.3d 458, 469
                                                      Particulate Matter Less Than 2.5                          1 See   706 F.3d 428 (D.C. Cir. 2013).                  3 134   S.Ct. 2427.



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                                                      14064                 Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Proposed Rules

                                                      a modification (e.g. 40 CFR                             phase in of PSD permitting                            and related corrections to the definition
                                                      51.166(b)(48)(v)).                                      requirements for GHGs. This rule                      of ‘‘particulate matter emissions.’’
                                                         EPA anticipates a need to revise                     became effective on August 13, 2012.
                                                      Federal PSD rules in light of the                                                                             III. Have the requirements for approval
                                                                                                              Specifically, the incorporation of the
                                                      Supreme Court opinion. In addition,                                                                           of a SIP revision been met?
                                                                                                              Step 3 rule provisions will allow GHG-
                                                      EPA anticipates that many states will                   emitting sources to obtain plantwide                     As stated above, Missouri’s
                                                      revise their existing SIP-approved PSD                  applicability limits (PALs) for their                 incorporation by reference of all
                                                      programs in light of the Supreme                        GHG-emitting sources on a carbon                      sections of title 40 section 52.21 of the
                                                      Court’s decision. This can be                           dioxide equivalent (CO2e) basis. The                  CFR except for subsections (a), (q) and
                                                      accomplished as soon as EPA revises                     GHG PAL provisions, as currently                      (s) and EPA’s July 12, 2012, final rule on
                                                      the Federal PSD rules in states that                    written, include some provisions that                 PALs for GHGs (77 FR 41051) and EPA’s
                                                      allow future revisions to the Federal                   may no longer be appropriate in light of              October 25, 2012, final rule amending
                                                      PSD program to be automatically                         the Supreme Court decision. Since the                 the definition of ‘‘Regulated NSR
                                                      incorporated into the SIP. The timing                   Supreme Court has determined that                     Pollutant’’ concerning condensable
                                                      and content of subsequent EPA actions                   sources and modifications may not be                  particulate matter (77 FR 65107) are
                                                      with respect to the EPA regulations is                  defined as ‘‘major’’ solely on the basis              appropriate even in light of recent court
                                                      expected to be informed by additional                   of the level of GHGs emitted or                       actions and ensure that the state PSD
                                                      legal processes before the D.C. Circuit.                increased, PALs for GHGs may no                       program is in agreement with Federal
                                                      EPA is not expecting states to have                     longer have value in some situations                  requirements. Missouri also requested to
                                                      revised their existing PSD program                      where a source might have triggered                   amend the SIP to incorporate EPA’s May
                                                      regulations at this juncture, before the                PSD based on GHG emissions alone.                     18, 2011, rule repealing the
                                                      D.C. Circuit has addressed these issues                 However, PALs for GHGs may still have                 grandfathering provisions for PM2.5
                                                      and before EPA has revised its                          a role to play in determining whether a               under the PSD program, but because the
                                                      regulations at 40 CFR 51.166. However,                  modification that triggers PSD for a                  state has an already approved PSD
                                                      EPA is evaluating PSD program                           pollutant other than GHGs should also                 program which incorporates by
                                                      submissions to assure that the state’s                  be subject to BACT for GHGs. These                    reference the provisions of 40 CFR 52.21
                                                      program correctly addresses GHGs                        provisions, like the other GHG                        through July 1, 2011, Missouri’s
                                                      consistent with the Supreme Court’s                     provisions discussed previously, will                 Federally approved program already
                                                      decision.                                               likely be revised pending further legal               incorporates this action.
                                                         Missouri’s existing approved SIP                                                                              Additional revisions include, in
                                                                                                              action. However, these provisions do
                                                      contains the GHG permitting                                                                                   paragraph (5)(D)(1) of the rule, Missouri
                                                                                                              not add new requirements for sources or
                                                      requirements reflected in 40 CFR 52.21                                                                        is adding subparagraphs A. and B.
                                                                                                              modifications that only emit or increase              which provide clear and specific
                                                      after EPA issued the Tailoring Rule. As
                                                                                                              GHGs above the major source threshold                 requirements for when an air quality
                                                      a result, the PSD permitting program in
                                                                                                              or the 75,000 tpy GHG level in section                analysis is required for De Minimis
                                                      Missouri previously approved by EPA
                                                                                                              52.21(b)(49)(iv). Rather, the PALs                    permits. In (5)(D)(2) of the rule,
                                                      into the SIP continues to require that
                                                                                                              provisions provide increased flexibility              Missouri is adding subparagraphs A., B.,
                                                      PSD permits (otherwise required based
                                                                                                              to sources that wish to address their                 and C. which provide clear and specific
                                                      on emissions of pollutants other than
                                                                                                              GHG emissions in a PAL. Since this                    requirements for when the director may
                                                      GHGs) contain limitations on GHG
                                                                                                              flexibility may still be valuable to                  require an air quality analysis. These
                                                      emissions based on the application of
                                                                                                              sources in at least one context described             revisions strengthen Missouri’s PSD
                                                      BACT when sources emit or increase
                                                                                                              above, we believe that it is appropriate              program.
                                                      greenhouse gases in the amount of
                                                      75,000 tons per year (measured as                       to approve these provisions into the                     MDNR is making minor
                                                      carbon dioxide equivalent). Although                    Missouri SIP at this juncture.                        administrative edits to subsections
                                                      the approved Missouri PSD permitting                       EPA is proposing to revise Missouri’s              (6)(A) and (6)(A)(2). In (6)(E)(1)(A)
                                                      program may also currently contain                      SIP to incorporate by reference EPA’s                 Missouri is modifying the notification
                                                      provisions that are no longer necessary                 October 25, 2012 rule, ‘‘Implementation               period for initial equipment start-up.
                                                      in light of the Supreme Court decision,                 of the New Source Review Program for                  This revision shortens the timeframe for
                                                      this does not prevent EPA from                          Condensable Particulate Matter’’. This                which notification is provided to the
                                                      approving the submission addressed in                   revision is appropriate and necessary to              state prior to initial start-up.
                                                      this rule. Missouri’s 2013 SIP                          ensure that the inadvertent error which                  The state submission has met the
                                                      submission does not add any GHG                         was contained in EPA’s 2008 rule,                     public notice requirements for SIP
                                                      permitting requirements that are                        which was previously SIP approved in                  submissions in accordance with 40 CFR
                                                      inconsistent with the Supreme Court                     the Missouri rule (78 FR 37457) is                    51.102. The submission also satisfies the
                                                      decision. While this submission                         corrected. EPA’s 2008 rule,                           completeness criteria of 40 CFR part 51,
                                                      incorporates all of section 52.21 for                   ‘‘Implementation of the New Source                    appendix V. In addition, as explained
                                                      completeness, except for subsections (a),               Review (NSR) Program for Particulate                  above, the revision meets the
                                                      (q) and (s), the submission mostly                      Matter Less Than 2.5 Micrometers                      substantive SIP requirements of the
                                                      reincorporates PSD permitting                           (PM2.5).’’ See 73 FR 28321 (May 16,                   CAA, including section 110 and
                                                      requirements for GHG’s that are already                 2008), inadvertently included a                       implementing regulations. MDNR
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                                                      in the Missouri SIP.                                    requirement to consider condensable                   received five (5) comments from one
                                                         This proposed revision does add to                   PM when measuring one of the                          source: The U.S. Environmental
                                                      the Missouri SIP the elements of EPA’s                  emissions-related indicators for PM                   Protection Agency. Missouri responded
                                                      July 12, 2012, rulemaking, Prevention of                known as ‘‘particulate matter                         to each of the comments and made
                                                      Significant Deterioration and Title V                   emissions’’ in the context of the PSD                 revisions to the rule as appropriate.
                                                      Greenhouse Gas Tailoring Rule Step 3                    and NSR regulations. EPA’s 2012 rule                  Overall, these actions strengthen the
                                                      and GHG Plantwide Applicability                         corrects the error in the 2008 rule and               Missouri SIP, by ensuring the state PSD
                                                      Limits, ‘‘Step 3 Tailoring Rule’’ (77 FR                therefore it is appropriate and necessary             program incorporates recent Federal
                                                      41051), which implements Step 3 of the                  to incorporate by reference the 2012 rule             PSD updates. These revisions do not


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                                                                            Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Proposed Rules                                                  14065

                                                      negatively impact air quality, nor relax                and 13563 (76 FR 3821, January 21,                    Congress and to the Comptroller General
                                                      the SIP.                                                2011).                                                of the United States. EPA will submit a
                                                                                                                 • does not impose an information                   report containing this action and other
                                                      IV. What action is EPA taking?
                                                                                                              collection burden under the provisions                required information to the U.S. Senate,
                                                        EPA is proposing to approve the                       of the Paperwork Reduction Act (44                    the U.S. House of Representatives, and
                                                      revisions to the SIP. These revisions                   U.S.C. 3501 et seq.);                                 the Comptroller General of the United
                                                      update the construction permits rule to                    • is certified as not having a                     States prior to publication of the rule in
                                                      incorporate by reference recent EPA                     significant economic impact on a                      the Federal Register. A major rule
                                                      actions related to PALs for GHGs, and                   substantial number of small entities                  cannot take effect until 60 days after it
                                                      amend the definition of ‘‘Regulated NSR                 under the Regulatory Flexibility Act (5               is published in the Federal Register.
                                                      Pollutant.’’ Other revisions include                    U.S.C. 601 et seq.);                                  This action is not a ‘‘major rule’’ as
                                                      modifying the notification period for                      • does not contain any unfunded                    defined by 5 U.S.C. 804(2).
                                                      initial equipment start-up and clarifying               mandate or significantly or uniquely                     Under section 307(b)(1) of the CAA,
                                                      de minimis permit air quality analysis                  affect small governments, as described                petitions for judicial review of this
                                                      requirements.                                           in the Unfunded Mandates Reform Act                   action must be filed in the United States
                                                        We are processing this rule as a                      of 1995 (Pub. L. 104–4);                              Court of Appeals for the appropriate
                                                      proposed action because we are                             • does not have Federalism                         circuit by May 18, 2015. Filing a
                                                      soliciting comments on this proposed                    implications as specified in Executive                petition for reconsideration by the
                                                      action. Final rulemaking will occur after               Order 13132 (64 FR 43255, August 10,                  Administrator of this proposed rule
                                                      consideration of any comments.                          1999);                                                does not affect the finality of this
                                                                                                                 • is not an economically significant               rulemaking for the purposes of judicial
                                                      Statutory and Executive Order Reviews                   regulatory action based on health or                  review nor does it extend the time
                                                                                                              safety risks subject to Executive Order               within which a petition for judicial
                                                         In this rule, EPA is proposing to
                                                                                                              13045 (62 FR 19885, April 23, 1997);                  review may be filed, and shall not
                                                      include in a final EPA rule regulatory
                                                                                                                 • is not a significant regulatory action           postpone the effectivess of such future
                                                      text that includes incorporation by
                                                                                                              subject to Executive Order 13211 (66 FR               rule or action. This proposed action may
                                                      reference. In accordance with
                                                                                                              28355, May 22, 2001);                                 not be challenged later in proceedings to
                                                      requirements of 1 CFR 51.5, EPA is                         • is not subject to requirements of
                                                      proposing to incorporate by reference                                                                         enforce its requirements. (See section
                                                                                                              Section 12(d) of the National                         307(b)(2).)
                                                      Missouri 10 CSR 10–6.060                                Technology Transfer and Advancement
                                                      ‘‘Construction Permits Required’’                       Act of 1995 (15 U.S.C. 272 note) because              List of Subjects in 40 CFR Part 52
                                                      described in the proposed amendments                    application of those requirements would
                                                      to 40 CFR part 52 set forth below. EPA                                                                          Environmental protection, Air
                                                                                                              be inconsistent with the CAA; and                     pollution control, Carbon monoxide,
                                                      has made, and will continue to make,                       • does not provide EPA with the
                                                      these documents generally available                                                                           Incorporation by reference,
                                                                                                              discretionary authority to address, as                Intergovernmental relations, Lead,
                                                      electronically through                                  appropriate, disproportionate human
                                                      www.regulations.gov and/or in hard                                                                            Nitrogen dioxide, Ozone, Particulate
                                                                                                              health or environmental effects, using                matter, Reporting and recordkeeping
                                                      copy at the appropriate EPA office (see                 practicable and legally permissible
                                                      the ADDRESSES section of this preamble                                                                        requirements, Sulfur oxides, Volatile
                                                                                                              methods, under Executive Order 12898                  organic compounds.
                                                      for more information).                                  (59 FR 7629, February 16, 1994).
                                                         Under the CAA, the Administrator is                     The SIP is not approved to apply on                 Dated: March 9, 2015.
                                                      required to approve a SIP submission                    any Indian reservation land or in any                 Mark Hague,
                                                      that complies with the provisions of the                other area where EPA or an Indian tribe               Acting Regional Administrator, Region 7.
                                                      Act and applicable Federal regulations.                 has demonstrated that a tribe has                       For the reasons stated in the
                                                      42 U.S.C. 7410(k); 40 CFR 52.02(a).                     jurisdiction. In those areas of Indian                preamble, EPA proposes to amend 40
                                                      Thus, in reviewing SIP submissions,                     country, the rule does not have tribal                CFR part 52 as set forth below:
                                                      EPA’s role is to approve state choices,                 implications and will not impose                      ■ 1. The authority citation for part 52
                                                      provided that they meet the criteria of                 substantial direct costs on tribal                    continues to read as follows:
                                                      the CAA. Accordingly, this action                       governments or preempt tribal law as
                                                      merely approves state law as meeting                    specified by Executive Order 13175 (65                    Authority: 42 U.S.C. 7401 et. seq.
                                                      Federal requirements and does not                       FR 67249, November 9, 2000).
                                                      impose additional requirements beyond                                                                         Subpart AA—Missouri
                                                                                                                 The Congressional Review Act, 5
                                                      those imposed by state law. For that                    U.S.C. 801 et seq., as added by the Small             ■ 2. In § 52.1320 the table in paragraph
                                                      reason, this action:                                    Business Regulatory Enforcement                       (c) is amended by revising the entry for
                                                         • Is not a ‘‘significant regulatory                  Fairness Act of 1996, generally provides              10–6.060 to read as follows:
                                                      action’’ under the terms of Executive                   that before a rule may take effect, the
                                                      Order 12866 (58 FR 51735, October 4,                    agency promulgating the rule must                     § 52.1320    Identification of Plan.
                                                      1993) and is therefore not subject to                   submit a rule report, which includes a                *       *    *      *      *
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                                                      review under Executive Orders 12866                     copy of the rule, to each House of the                    (c) * * *




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                                                      14066                    Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Proposed Rules

                                                                                                                 EPA-APPROVED MISSOURI REGULATIONS
                                                                                                                         State
                                                       Missouri citation                       Title                    effective         EPA Approval date                                   Explanation
                                                                                                                          date

                                                                                                                  Missouri Department of Natural Resources


                                                                  *                        *                        *                        *                       *                        *                    *

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

                                                      10 CSR 10–6.060             Construction Permits Re-               10/30/13     3/18/15 [Insert Federal            Provisions of the 2010 PM2.5 PSD—Increments,
                                                                                   quired.                                              Register citation].                SILs and SMCs rule (75 FR 64865, October 20,
                                                                                                                                                                           2010) relating to SILs and SMCs that were af-
                                                                                                                                                                           fected by the January 22, 2013 U.S. Court of
                                                                                                                                                                           Appeals decision are not SIP approved.
                                                                                                                                                                         Provisions of the 2002 NSR reform rule relating to
                                                                                                                                                                           the Clean Unit Exemption and Pollution Control
                                                                                                                                                                           Projects are not SIP approved.
                                                                                                                                                                         In addition, we have not approve Missouri’s rule
                                                                                                                                                                           incorporating EPA’s 2007 revision fo the defini-
                                                                                                                                                                           tion of ‘‘chemical processing plants’’ (the ‘‘Eth-
                                                                                                                                                                           anol Rule,’’ 72 FR 24060 (May 1, 2007).
                                                                                                                                                                         Although exemptions previously listed in 10 CSR
                                                                                                                                                                           10–6.060 have been transferred to 10 CSR 10–
                                                                                                                                                                           6.061, the Federally-approved SIP continues to
                                                                                                                                                                           include the following exemption, ‘‘Livestock and
                                                                                                                                                                           livestock handling systems from which the only
                                                                                                                                                                           potential contaminant is odorous gas.’’
                                                                                                                                                                         Section 9, pertaining to hazardous air pollutants, is
                                                                                                                                                                           not SIP approved.

                                                                  *                        *                        *                        *                       *                        *                    *



                                                      *       *       *       *       *                           measures beginning in 2015. This                           the comment period, may not be
                                                      [FR Doc. 2015–06153 Filed 3–17–15; 08:45 am]                update is implemented as part of the                       considered. All comments received are
                                                      BILLING CODE 6560–50–P
                                                                                                                  2014 methodology review where the                          a part of the public record and will
                                                                                                                  Council and its advisory bodies                            generally be posted for public viewing
                                                                                                                  considered new information on the                          on http://www.regulations.gov without
                                                      DEPARTMENT OF COMMERCE                                      three stocks of salmon to make a                           change. All personal identifying
                                                                                                                  determination on whether changes to                        information (e.g., name, address, etc.)
                                                      National Oceanic and Atmospheric                            reference points for these stocks were                     submitted voluntarily by the sender will
                                                      Administration                                              warranted.                                                 be publicly accessible. Do not submit
                                                                                                                  DATES: Comments on this proposed rule                      confidential business information or
                                                      50 CFR Part 660                                             must be received on or before April 2,                     otherwise sensitive or protected
                                                                                                                  2015.                                                      information. NMFS will accept
                                                      [Docket No. 150227200–5200–01]
                                                                                                                  ADDRESSES: You may submit comments,
                                                                                                                                                                             anonymous comments (enter N/A in the
                                                      RIN 0648–BE79                                               identified by NOAA–NMFS–2015–0014,                         required fields if you wish to remain
                                                                                                                  by any one of the following methods:                       anonymous).
                                                      Fisheries Off West Coast States; West
                                                                                                                    • Electronic Submissions: Submit all                     FOR FURTHER INFORMATION CONTACT:
                                                      Coast Salmon Fisheries; Management
                                                                                                                  electronic public comments via the                         Peggy Mundy at 206–526–4323.
                                                      Reference Point Updates for Three
                                                                                                                  Federal e-Rulemaking Portal. Go to                         SUPPLEMENTARY INFORMATION:
                                                      Stocks of Pacific Salmon
                                                                                                                  www.regulations.gov/
                                                                                                                                                                             Background
                                                      AGENCY:  National Marine Fisheries                          #!docketDetail;D=NOAA-NMFS-2015-
                                                      Service (NMFS), National Oceanic and                        0014, click the ‘‘Comment Now!’’ icon,                       The Council manages West Coast
                                                      Atmospheric Administration (NOAA),                          complete the required fields, and enter                    ocean salmon fisheries under the Pacific
                                                      Commerce.                                                   or attach your comments.                                   Coast Salmon Fishery Management Plan
                                                      ACTION: Proposed rule; request for                            • Mail: William W. Stelle, Jr.,                          (FMP). The FMP has long used stock-
                                                      comments.                                                   Regional Administrator, West Coast                         specific conservation objectives to
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS




                                                                                                                  Region, NMFS, 7600 Sand Point Way                          manage fishery impacts to Council-
                                                      SUMMARY:  NMFS proposes updates to                          NE., Seattle, WA 98115–0070.                               managed salmon stocks. Conservation
                                                      management reference point values for                         Instructions: Comments must be                           objectives are, generally, fixed
                                                      Southern Oregon coastal Chinook                             submitted by one of the above methods                      quantities intended to provide the
                                                      salmon, Grays Harbor fall Chinook                           to ensure that the comments are                            necessary guidance during the course of
                                                      salmon, and Willapa Bay natural coho,                       received, documented, and considered                       the annual preseason planning process
                                                      as recommended by the Pacific Fishery                       by NMFS. Comments sent by any other                        to establish salmon fishing seasons that
                                                      Management Council (Council) for use                        method, to any other address or                            achieve optimum yield. Under the FMP,
                                                      in developing annual management                             individual, or received after the end of                   conservation objectives can be added or


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Document Created: 2018-02-21 09:39:27
Document Modified: 2018-02-21 09:39:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before April 17, 2015.
ContactPaula Higbee, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at 913-551-7028 or by email at [email protected]
FR Citation80 FR 14062 
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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