80 FR 14312 - Approval and Promulgation of Air Quality Implementation Plans; State of Missouri; Reporting Emission Data, Emission Fees and Process Information
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 53 (March 19, 2015)
Federal Register Volume 80, Issue 53 (March 19, 2015)
| Page Range | 14312-14314 | |
| FR Document | 2015-06115 |
[Federal Register Volume 80, Number 53 (Thursday, March 19, 2015)] [Rules and Regulations] [Pages 14312-14314] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-06115] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 70 [EPA-R07-OAR-2015-0134; FRL-9924-44-Region 7] Approval and Promulgation of Air Quality Implementation Plans; State of Missouri; Reporting Emission Data, Emission Fees and Process Information AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the State Implementation Plan (SIP) and the Operating Permits Program for the State of Missouri submitted on October 2, 2013. These revisions remove definitions that were in this rule but have been moved to the state's general definitions rule. These revisions also clarify the information required in emission reports and clarify the types and frequency of reports for the emission inventory. In addition, a revision to the emission fees section of this rule clarifies that the current emissions fee is only applicable for years 2013, 2014, and 2015 as set by Missouri statute. DATES: This direct final rule will be effective May 18, 2015, without further notice, unless EPA receives adverse comment by April 20, 2015. If EPA receives adverse comment, we will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07- OAR-2015-0134, 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- 2015-0134. 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 [[Page 14313]] 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. Have the requirements for approval of a SIP revision been met? III. What action is EPA taking? I. What is being addressed in this document? EPA is taking direct final action to approve the SIP and Operating Permits Program revisions submitted by the state of Missouri for 10 CSR 10-6.110, ``Reporting Emission Data, Emission Fees, and Process Information,'' on October 3, 2013. Section (2) of the rule is being amended to move seven definitions from this rule to the state's general definifions rule 10 CSR 10-6.020 (and also the definitions for ``reportable pollutant'' and ``reporting threshold'' which have been moved to the state's general definitions rule but not yet submitted to EPA for SIP approval.) Section (3)(A) revised the emission fees section, which is approved under the Operating Permits Program only, and clarifies that the current emissions fee is only applicable for years 2013, 2014 and 2015 as set by Missouri statute. No changes were made to the emission fees in the rule. Section (4) of the rule is being amended to better reflect information required in emission reports and clarifies the types and frequencies of reports to be submitted to the Missouri Department of Natural Resources (MDNR) Air Pollution Control Program for the Emissions Inventory Questionnaire. Missouri clarifies the rule by providing a table which lists the type of installation, such as, any installation that is required to obtain an operating permit, and any installation with an intermediate operating permit or a small source. The table shows various installations in the timetable for the full emissions report and/or the reduced reporting form, if applicable. The revisons to this section ensure that Missouri's rule is equivalent to EPA's Federal Air Emission Reporting Rule. II. Have the requirements for approval of a SIP revision and operating permits program been met? The state submission has met the public notice requirements for SIP submissions in accordance with 40 CFR 51.102. The submission also satisfied the completeness criteria of 40 CFR part 51, appendix V. In addition, as explained above, the revision meets the substantive SIP requirements of the CAA, including section 110 and implementing regulations, as well as meeting the Title V requirements. MDNR received one comment from their Air Pollution Control program regarding capitalization of the term ``Full Emissions Report'' and the relevant term was corrected for rule clarity. Overall, these actions strengthen the Missouri SIP and Operating Permits program by providing clarifications for the regulated public. These revisions do not negatively impact air quality, nor relax the SIP or operating permits program. III. What action is EPA taking? We are publishing this rule without a prior proposed rule because we view this as a noncontroversial action and anticipate no adverse comment. However, in the ``Proposed Rules'' section of this Federal Register, we are publishing a separate document that will serve as the proposed rule to these SIP and Operating Permits revisions if adverse comments are received on this direct final rule. We will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information about commenting on this rule, see the ADDRESSES section of this document. If EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that this direct final rule will not take effect. We will address all public comments in any subsequent final rule based on the proposed rule. Statutory and Executive Order Reviews In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of Missouri's rule 10 CSR 10-6.110 described in the direct final amendments to 40 CFR part 52 set forth below. EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); 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). [[Page 14314]] 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 final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of this Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. 40 CFR Part 70 Administrative practice and procedure, Air pollution control, Intergovernmental relations, Operating permits, Reporting and recordkeeping requirements. Dated: March 4, 2015. Mark J. Hague, Acting Regional Administrator, Region 7. For the reasons stated in the preamble, the Environmental Protection Agency amends 40 CFR parts 52 and 70 as set forth below: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart AA--Missouri 0 2. In Sec. 52.1320(c) the table is amended by revising the entry for 10-6.110 to read as follows: Sec. 52.1320 Identificaiton of Plan. * * * * * (c) * * * EPA-Approved Missouri Regulations ---------------------------------------------------------------------------------------------------------------- State Missouri citation Title effective date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- Missouri Department of Natural Resources ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of Missouri ---------------------------------------------------------------------------------------------------------------- * * * * * * * 10-6.110................ Reporting Emission 10/30/13 3/19/15 [Insert Section (3)(A), Data, Emission Fees, Federal Register Emissions Fees, has and Process citation]. not been approved as Information. part of the SIP. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * PART 70--STATE OPERATING PERMIT PROGRAMS 0 3. The authority citation for part 70 continues to read as follows: Authority: 42 U.S.C. 7401, et seq. 0 4. Appendix A to part 70 is amended by adding paragraph (dd) under Missouri to read as follows: Appendix A to Part 70--Approval Status of State and Local Operating Permits Programs * * * * * Missouri * * * * * (dd) The Missouri Department of Natural Resources submitted revisions to Missouri rule 10 CSR 10-6.110, ``Reporting Emission Data, Emission Fees, and Process Information'' on October 2, 2013. The state effective date is October 30, 2013. This revision is effective May 18, 2015. * * * * * [FR Doc. 2015-06115 Filed 3-18-15; 8:45 am] BILLING CODE 6560-50-P
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EPA-APPROVED REGULATIONS AND STATUTES IN THE DISTRICT OF COLUMBIA SIP—Continued
State effective Additional
State citation Title/subject EPA Approval date
date explanation
* * * * * * *
Chapter 2 General and Non-attainment Area Permits
Section 200 ....................... General Permit Requirements .................................... 11/16/12 3/19/2015 [Insert Federal
Register Citation].
* * * * * * *
Section 204 ....................... Permit Requirements for Sources Affecting Non-at- 11/16/12 3/19/2015 [Insert Federal Previous
tainment Areas. Register Citation]. version of
Section 204
is replaced
in its en-
tirety
Section 208 ....................... Plantwide Applicability Limit (PAL) Permits for Major 11/16/12 3/19/2015 [Insert Federal Added
Sources. Register Citation].
Section 210 ....................... Notice and Comment Prior to Permit Issuance ......... 11/16/12 3/19/2015 [Insert Federal Added
Register Citation].
Section 299 ....................... Definitions and Abbreviations ..................................... 11/16/12 3/19/2015 [ [Insert Fed-
eral Register Citation].
* * * * * * *
* * * * * DATES: This direct final rule will be provide it in the body of your comment.
[FR Doc. 2015–06217 Filed 3–18–15; 8:45 am] effective May 18, 2015, without further If you send an email comment directly
BILLING CODE 6560–50–P
notice, unless EPA receives adverse to EPA without going through
comment by April 20, 2015. If EPA www.regulations.gov, your email
receives adverse comment, we will address will be automatically captured
ENVIRONMENTAL PROTECTION publish a timely withdrawal of the and included as part of the comment
AGENCY direct final rule in the Federal Register that is placed in the public docket and
informing the public that the rule will made available on the Internet. If you
40 CFR Parts 52 and 70 not take effect. submit an electronic comment, EPA
ADDRESSES: Submit your comments, recommends that you include your
[EPA–R07–OAR–2015–0134; FRL–9924–44– identified by Docket ID No. EPA–R07– name and other contact information in
Region 7] OAR–2015–0134, by one of the the body of your comment and with any
following methods: disk or CD–ROM you submit. If EPA
Approval and Promulgation of Air 1. www.regulations.gov. Follow the cannot read your comment due to
Quality Implementation Plans; State of on-line instructions for submitting technical difficulties and cannot contact
Missouri; Reporting Emission Data, comments. you for clarification, EPA may not be
Emission Fees and Process 2. Email: Higbee.paula@epa.gov able to consider your comment.
Information 3. Mail or Hand Delivery: Paula Electronic files should avoid the use of
Higbee, Environmental Protection special characters, any form of
AGENCY: Environmental Protection Agency, Air Planning and Development
Agency (EPA). encryption, and be free of any defects or
Branch, 11201 Renner Boulevard,
viruses.
ACTION: Direct final rule. Lenexa, Kansas 66219.
Instructions: Direct your comments to Docket: All documents in the docket
SUMMARY: The Environmental Protection Docket ID No. EPA–R07–OAR–2015– are listed in the www.regulations.gov
Agency (EPA) is taking direct final 0134. EPA’s policy is that all comments index. Although listed in the index,
action to approve revisions to the State received will be included in the public some information is not publicly
Implementation Plan (SIP) and the docket without change and may be available, i.e., CBI or other information
Operating Permits Program for the State made available online at whose disclosure is restricted by statute.
of Missouri submitted on October 2, www.regulations.gov, including any Certain other material, such as
2013. These revisions remove personal information provided, unless copyrighted material, will be publicly
definitions that were in this rule but the comment includes information available only in hard copy form.
have been moved to the state’s general claimed to be Confidential Business Publicly available docket materials are
definitions rule. These revisions also Information (CBI) or other information available either electronically in
clarify the information required in whose disclosure is restricted by statute. www.regulations.gov or in hard copy at
emission reports and clarify the types Do not submit through the Environmental Protection Agency,
Rmajette on DSK2VPTVN1PROD with RULES
and frequency of reports for the www.regulations.gov or email Air Planning and Development Branch,
emission inventory. In addition, a information that you consider to be CBI 11201 Renner Boulevard, Lenexa,
revision to the emission fees section of or otherwise protected. The Kansas 66219. The Regional Office’s
this rule clarifies that the current www.regulations.gov Web site is an official hours of business are Monday
emissions fee is only applicable for ‘‘anonymous access’’ system, which through Friday, 8:00 to 4:30 excluding
years 2013, 2014, and 2015 as set by means EPA will not know your identity legal holidays. The interested persons
Missouri statute. or contact information unless you wanting to examine these documents
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![14314 Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Rules and Regulations
The Congressional Review Act, 5 shall not postpone the effectiveness of Intergovernmental relations, Operating
U.S.C. 801 et seq., as added by the Small such rule or action. Parties with permits, Reporting and recordkeeping
Business Regulatory Enforcement objections to this direct final rule are requirements.
Fairness Act of 1996, generally provides encouraged to file a comment in
Dated: March 4, 2015.
that before a rule may take effect, the response to the parallel notice of
agency promulgating the rule must proposed rulemaking for this action Mark J. Hague,
submit a rule report, which includes a published in the proposed rules section Acting Regional Administrator, Region 7.
copy of the rule, to each House of the of this Federal Register, rather than file For the reasons stated in the
Congress and to the Comptroller General an immediate petition for judicial preamble, the Environmental Protection
of the United States. EPA will submit a review of this direct final rule, so that Agency amends 40 CFR parts 52 and 70
report containing this action and other EPA can withdraw this direct final rule
as set forth below:
required information to the U.S. Senate, and address the comment in the
the U.S. House of Representatives, and proposed rulemaking. This action may PART 52—APPROVAL AND
the Comptroller General of the United not be challenged later in proceedings to PROMULGATION OF
States prior to publication of the rule in enforce its requirements. (See section
IMPLEMENTATION PLANS
the Federal Register. A major rule 307(b)(2).)
cannot take effect until 60 days after it List of Subjects ■ 1. The authority citation for part 52
is published in the Federal Register.
40 CFR Part 52 continues to read as follows:
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2). Environmental protection, Air Authority: 42 U.S.C. 7401 et seq.
Under section 307(b)(1) of the CAA, pollution control, Carbon monoxide,
petitions for judicial review of this Incorporation by reference, Subpart AA—Missouri
action must be filed in the United States Intergovernmental relations, Lead,
Court of Appeals for the appropriate Nitrogen dioxide, Ozone, Particulate ■ 2. In § 52.1320(c) the table is amended
circuit by May 18, 2015. Filing a matter, Reporting and recordkeeping by revising the entry for 10–6.110 to
petition for reconsideration by the requirements, Sulfur oxides, Volatile read as follows:
Administrator of this final rule does not organic compounds.
affect the finality of this action for the § 52.1320 Identificaiton of Plan.
purposes of judicial review nor does it 40 CFR Part 70 * * * * *
extend the time within which a petition Administrative practice and (c) * * *
for judicial review may be filed, and procedure, Air pollution control,
EPA-APPROVED MISSOURI REGULATIONS
Missouri State effective
Title EPA approval date Explanation
citation date
Missouri Department of Natural Resources
* * * * * * *
Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of
Missouri
* * * * * * *
10–6.110 ....... Reporting Emission Data, Emission Fees, 10/30/13 3/19/15 [Insert Fed- Section (3)(A), Emissions Fees, has not
and Process Information. eral Register cita- been approved as part of the SIP.
tion].
* * * * * * *
* * * * * Missouri ENVIRONMENTAL PROTECTION
* * * * * AGENCY
PART 70—STATE OPERATING PERMIT (dd) The Missouri Department of Natural
PROGRAMS Resources submitted revisions to Missouri 40 CFR Part 180
rule 10 CSR 10–6.110, ‘‘Reporting Emission [EPA–HQ–OPP–2014–0326; FRL–9924–24]
■ 3. The authority citation for part 70
Data, Emission Fees, and Process
continues to read as follows:
Information’’ on October 2, 2013. The state Sodium L-Lactate and Sodium DL-
Authority: 42 U.S.C. 7401, et seq. effective date is October 30, 2013. This Lactate; Exemption From the
revision is effective May 18, 2015. Requirement of a Tolerance
■ 4. Appendix A to part 70 is amended
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by adding paragraph (dd) under * * * * * AGENCY: Environmental Protection
Missouri to read as follows: [FR Doc. 2015–06115 Filed 3–18–15; 8:45 am]
Agency (EPA).
BILLING CODE 6560–50–P
Appendix A to Part 70—Approval ACTION: Final rule.
Status of State and Local Operating SUMMARY: This regulation establishes an
Permits Programs exemption from the requirement of a
* * * * * tolerance for residues of sodium L-
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Document Created: 2018-02-21 09:42:03
Document Modified: 2018-02-21 09:42:03
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This direct final rule will be effective May 18, 2015, without further notice, unless EPA receives adverse comment by April 20, 2015. If EPA receives adverse comment, we will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. | |
| 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]v. | |
| FR Citation | 80 FR 14312 | |
| CFR Citation | 40
CFR
52 40 CFR 70 | |
| CFR Associated | 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; Administrative Practice and Procedure and Operating Permits |
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