80 FR 51151 - Approval and Promulgation of Air Quality Implementation Plans; State of Missouri; Cross-State Air Pollution Rule

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 163 (August 24, 2015)

Page Range		51151-51152
FR Document		2015-20773

The Environmental Protection Agency (EPA) is proposing to approve revisions to the State Implementation Plan (SIP) submitted by the State of Missouri in a letter dated March 30, 2015. This SIP revision provides Missouri's state-determined allowance allocations for existing electric generating units (EGUs) in the state for the 2016 control period and replaces certain allowance allocations for the 2016 control periods established by EPA under the Cross-State Air Pollution Rule (CSAPR). The CSAPR addresses the ``good neighbor'' provision of the Clean Air Act (CAA or Act) that requires states to reduce the transport of pollution that significantly affects downwind air quality. In this action EPA is proposing to approve Missouri's SIP revision, incorporating the state-determined allocations for the 2016 control periods into the SIP, and amending the regulatory text of the CSAPR Federal Implementation Plan (FIP) to reflect this approval and inclusion of the state-determined allocations. EPA is proposing to take direct final action to approve Missouri's SIP revision because it meets the requirements of the CAA and the CSAPR requirements to replace EPA's allowance allocations for the 2016 control periods. This action is being proposed pursuant to the CAA and its implementing regulations. EPA's allocations of CSAPR trading program allowances for Missouri for control periods in 2017 and beyond remain in place until the State submits and EPA approves state-determined allocations for those control periods through another SIP revision. The CSAPR FIPs for Missouri remain in place until such time as the State decides to replace the FIPs with a SIP revision.

Federal Register, Volume 80 Issue 163 (Monday, August 24, 2015)

[Federal Register Volume 80, Number 163 (Monday, August 24, 2015)]
[Proposed Rules]
[Pages 51151-51152]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20773]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0556; FRL-9932-94-Region 7]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Missouri; Cross-State Air Pollution Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the State Implementation Plan (SIP) submitted by 
the State of Missouri in a letter dated March 30, 2015. This SIP 
revision provides Missouri's state-determined allowance allocations for 
existing electric generating units (EGUs) in the state for the 2016 
control period and replaces certain allowance allocations for the 2016 
control periods established by EPA under the Cross-State Air Pollution 
Rule (CSAPR). The CSAPR addresses the ``good neighbor'' provision of 
the Clean Air Act (CAA or Act) that requires states to reduce the 
transport of pollution that significantly affects downwind air quality. 
In this action EPA is proposing to approve Missouri's SIP revision, 
incorporating the state-determined allocations for the 2016 control 
periods into the SIP, and amending the regulatory text of the CSAPR 
Federal Implementation Plan (FIP) to reflect this approval and 
inclusion of the state-determined allocations. EPA is proposing to take 
direct final action to

[[Page 51152]]

approve Missouri's SIP revision because it meets the requirements of 
the CAA and the CSAPR requirements to replace EPA's allowance 
allocations for the 2016 control periods. This action is being proposed 
pursuant to the CAA and its implementing regulations. EPA's allocations 
of CSAPR trading program allowances for Missouri for control periods in 
2017 and beyond remain in place until the State submits and EPA 
approves state-determined allocations for those control periods through 
another SIP revision. The CSAPR FIPs for Missouri remain in place until 
such time as the State decides to replace the FIPs with a SIP revision.

DATES: Comments on this proposed action must be received in writing by 
September 23, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2015-0556, by mail to Lachala Kemp, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219. Comments may also be submitted electronically or 
through hand delivery/courier by following the detailed instructions in 
the ADDRESSES section of the direct final rule located in the rules 
section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Lachala Kemp, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219 at (913) 551-7214 or by email at 
kemp.lachala@epa.gov.

SUPPLEMENTARY INFORMATION: In the final rules section of this Federal 
Register, EPA is approving the state's SIP revision as a direct final 
rule without prior proposal because the Agency views this as a 
noncontroversial revision amendment and anticipates no relevant adverse 
comments to this action. A detailed rationale for the approval is set 
forth in the direct final rule. If no relevant adverse comments are 
received in response to this action, no further activity is 
contemplated in relation to this action. If EPA receives relevant 
adverse comments, the direct final rule will be withdrawn and all 
public comments received will be addressed in a subsequent final rule 
based on this proposed action. EPA will not institute a second comment 
period on this action. Any parties interested in commenting on this 
action should do so at this time. Please note that if EPA receives 
adverse comment on part of this rule and if that part can be severed 
from the remainder of the rule, EPA may adopt as final those parts of 
the rule that are not the subject of an adverse comment. For additional 
information, see the direct final rule which is located in the rules 
section of this Federal Register.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
dioxides.

    Dated: August 12, 2015.
Mark Hague,
Acting Regional Administrator, Region 7.
[FR Doc. 2015-20773 Filed 8-21-15; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Proposed Rules 51151

SIP commitment have in fact been We will accept comments from the Indian tribe has demonstrated that a
achieved, not to satisfy a future public on this proposed action until the tribe has jurisdiction. In those areas of
emission reduction requirement. date noted in the DATES section above. Indian country, the proposed rule does
Accordingly, it is not necessary to not have tribal implications and will not
V. Statutory and Executive Order
require the State to submit additional impose substantial direct costs on tribal
Reviews
commitments for this purpose. governments or preempt tribal law as
Under the Clean Air Act, the specified by Executive Order 13175 (65
C. Sections 110(l) and 193 of the Act Administrator is required to approve a FR 67249, November 9, 2000).
SIP submission that complies with the
Section 110(l) of the CAA prohibits List of Subjects in 40 CFR Part 52
provisions of the Act and applicable
EPA from approving any SIP revision
Federal regulations. 42 U.S.C. 7410(k); Environmental protection, Air
that would interfere with any applicable
40 CFR 52.02(a). Thus, in reviewing SIP pollution control, Incorporation by
requirement concerning attainment and
submissions, EPA’s role is to approve reference, Intergovernmental relations,
RFP or any other applicable CAA state choices, provided that they meet Nitrogen dioxide, Particulate matter,
requirement. The Emission Reduction the criteria of the Clean Air Act. Reporting and recordkeeping
Report documents CARB’s bases for Accordingly, this proposed action requirements.
concluding that specific incentive merely approves state law as meeting
projects implemented by January 1, Authority: 42 U.S.C. 7401 et seq.
Federal requirements and does not
2014, in accordance with the identified impose additional requirements beyond Dated: August 6, 2015.
portions of the Carl Moyer Program and those imposed by state law. For that Jared Blumenfeld,
Prop 1B Program guidelines, have reason, this proposed action: Regional Administrator, Region IX.
achieved a total of 7.8 tpd of NOX • Is not a significant regulatory action [FR Doc. 2015–20749 Filed 8–21–15; 8:45 am]
emission reductions and 0.2 tpd of subject to review by the Office of BILLING CODE 6560–50–P
PM2.5 emission reductions in the SJV Management and Budget under
area which may be credited toward the Executive Orders 12866 (58 FR 51735,
State’s 2014 emission reduction October 4, 1993) and 13563 (76 FR 3821, ENVIRONMENTAL PROTECTION
commitment in the 2008 PM2.5 Plan. January 21, 2011); AGENCY
These calculations of emission • does not impose an information
reductions are based on actions taken by collection burden under the provisions 40 CFR Part 52
grantees before January 1, 2014 which of the Paperwork Reduction Act (44 [EPA–R07–OAR–2015–0556; FRL–9932–94–
reduced emissions of NOX and PM2.5 in U.S.C. 3501 et seq.); Region 7]
the SJV (e.g., through replacement of • is certified as not having a
older, higher-polluting vehicles significant economic impact on a Approval and Promulgation of Air
operating in the SJV area with newer, substantial number of small entities Quality Implementation Plans; State of
cleaner vehicles). The Emission under the Regulatory Flexibility Act (5 Missouri; Cross-State Air Pollution
Reduction Report does not establish or U.S.C. 601 et seq.); Rule
revise any emission limitation, control • does not contain any unfunded
measure, or other requirement in the mandate or significantly or uniquely AGENCY: Environmental Protection
applicable SIP. We propose to affect small governments, as described Agency (EPA).
determine that our approval of the in the Unfunded Mandates Reform Act ACTION: Proposed rule.
Emission Reduction Report would of 1995 (Pub. L. 104–4);
comply with CAA section 110(l) • does not have Federalism SUMMARY: The Environmental Protection
because the proposed SIP revision implications as specified in Executive Agency (EPA) is proposing to approve
would not interfere with the on-going Order 13132 (64 FR 43255, August 10, revisions to the State Implementation
process for ensuring that requirements 1999); Plan (SIP) submitted by the State of
for attainment of the NAAQS and other • is not an economically significant Missouri in a letter dated March 30,
CAA provisions are met. regulatory action based on health or 2015. This SIP revision provides
safety risks subject to Executive Order Missouri’s state-determined allowance
Section 193 of the Act does not apply allocations for existing electric
13045 (62 FR 19885, April 23, 1997);
to this proposed action because the
• is not a significant regulatory action generating units (EGUs) in the state for
Emission Reduction Report does not the 2016 control period and replaces
subject to Executive Order 13211 (66 FR
modify any SIP-approved control certain allowance allocations for the
28355, May 22, 2001);
requirement in effect before November • is not subject to requirements of 2016 control periods established by EPA
15, 1990. Section 12(d) of the National under the Cross-State Air Pollution Rule
IV. Proposed Action and Public Technology Transfer and Advancement (CSAPR). The CSAPR addresses the
Comment Act of 1995 (15 U.S.C. 272 note) because ‘‘good neighbor’’ provision of the Clean
application of those requirements would Air Act (CAA or Act) that requires states
Under section 110(k)(3) of the Act, be inconsistent with the Clean Air Act; to reduce the transport of pollution that
EPA is proposing to fully approve the and significantly affects downwind air
submitted Emission Reduction Report • does not provide EPA with the quality. In this action EPA is proposing
and, based on CARB’s documentation discretionary authority to address, as to approve Missouri’s SIP revision,
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therein of actions taken by grantees in appropriate, disproportionate human incorporating the state-determined
accordance with the identified incentive health or environmental effects, using allocations for the 2016 control periods
program guidelines, to approve 7.8 tpd practicable and legally permissible into the SIP, and amending the
of NOX emission reductions and 0.2 tpd methods, under Executive Order 12898 regulatory text of the CSAPR Federal
of PM2.5 emission reductions for credit (59 FR 7629, February 16, 1994). Implementation Plan (FIP) to reflect this
toward the State’s 2014 emission In addition, the SIP is not approved approval and inclusion of the state-
reduction commitment in the 2008 to apply on any Indian reservation land determined allocations. EPA is
PM2.5 Plan. or in any other area where EPA or an proposing to take direct final action to

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51152 Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Proposed Rules

approve Missouri’s SIP revision because comment. For additional information, from our July 14, 2015 action. EPA is
it meets the requirements of the CAA see the direct final rule which is located instead proposing not to take action on
and the CSAPR requirements to replace in the rules section of this Federal South Dakota’s updates to this
EPA’s allowance allocations for the Register. provision.
2016 control periods. This action is
List of Subjects in 40 CFR Part 52 List of Subjects in 40 CFR Part 52
being proposed pursuant to the CAA
and its implementing regulations. EPA’s Environmental protection, Air Environmental protection, Air
allocations of CSAPR trading program pollution control, Incorporation by pollution control, Carbon monoxide,
allowances for Missouri for control reference, Intergovernmental relations, Incorporation by Reference,
periods in 2017 and beyond remain in Nitrogen dioxide, Ozone, Particulate Intergovernmental relations, Lead,
place until the State submits and EPA matter, Reporting and recordkeeping Nitrogen dioxide, Ozone, Particulate
approves state-determined allocations requirements, Sulfur dioxides. matter, Reporting and recordkeeping
for those control periods through Dated: August 12, 2015. requirements, Sulfur oxides, Volatile
another SIP revision. The CSAPR FIPs Mark Hague, organic compounds.
for Missouri remain in place until such Authority: 42 U.S.C. 7401 et seq.
Acting Regional Administrator, Region 7.
time as the State decides to replace the
FIPs with a SIP revision. [FR Doc. 2015–20773 Filed 8–21–15; 8:45 am] Dated: August 10, 2015.
DATES: Comments on this proposed
BILLING CODE 6560–50–P Debra H. Thomas,
action must be received in writing by Acting Regional Administrator, Region 8.
September 23, 2015. ENVIRONMENTAL PROTECTION
[FR Doc. 2015–20740 Filed 8–21–15; 8:45 am]
ADDRESSES: Submit your comments, AGENCY
BILLING CODE 6560–50–P
identified by Docket ID No. EPA–R07–
OAR–2015–0556, by mail to Lachala 40 CFR Part 52
Kemp, Environmental Protection ENVIRONMENTAL PROTECTION
[EPA–R08–OAR–2014–0916; FRL–9932–89– AGENCY
Agency, Air Planning and Development
Region 8]
Branch, 11201 Renner Boulevard,
40 CFR Part 52
Lenexa, Kansas 66219. Comments may Approval and Promulgation of Air
also be submitted electronically or Quality Implementation Plans; South [EPA–R05–OAR–2015–0408; EPA–R05–
through hand delivery/courier by OAR–2015–0409; FRL–9932–62–Region 5]
Dakota; Revisions to South Dakota
following the detailed instructions in Administrative Code; Correction
the ADDRESSES section of the direct final Air Plan Approval; IL; MN;
rule located in the rules section of this AGENCY: Environmental Protection Determinations of Attainment of the
Federal Register. Agency (EPA). 2008 Lead Standard for Chicago and
FOR FURTHER INFORMATION CONTACT: ACTION: Proposed rule; correction. Eagan
Lachala Kemp, Environmental AGENCY: Environmental Protection
Protection Agency, Air Planning and SUMMARY: This document contains a
correction to the proposed rulemaking, Agency (EPA).
Development Branch, 11201 Renner ACTION: Proposed rule.
Boulevard, Lenexa, Kansas 66219 at which was published on July 14, 2015.
(913) 551–7214 or by email at The proposal contained an error that is
SUMMARY: The Environmental Protection
kemp.lachala@epa.gov. identified and corrected in this action.
Agency (EPA) is proposing to make
SUPPLEMENTARY INFORMATION: In the DATES: This document is effective determinations under the Clean Air Act
final rules section of this Federal August 24, 2015. (CAA) that the Chicago, Illinois and
Register, EPA is approving the state’s FOR FURTHER INFORMATION CONTACT: Eagan, Minnesota nonattainment areas
SIP revision as a direct final rule Adam Clark, Air Program, U.S. (hereafter also referred to, respectively,
without prior proposal because the Environmental Protection Agency, as the ‘‘Chicago area,’’ ‘‘Eagan area,’’ or
Agency views this as a noncontroversial Region 8, Mailcode 8P–AR, 1595 ‘‘areas’’) have attained the 2008 lead
revision amendment and anticipates no Wynkoop, Denver, Colorado 80202– (Pb) national ambient air quality
relevant adverse comments to this 1129, (303) 312–7104, clark.adam@ standard (NAAQS or standard). These
action. A detailed rationale for the epa.gov. determinations of attainment are based
approval is set forth in the direct final SUPPLEMENTARY INFORMATION: upon complete, quality-assured, and
rule. If no relevant adverse comments certified ambient air monitoring data for
are received in response to this action, Background the 2012–2014 design period showing
no further activity is contemplated in In a proposed rule published July 14, that the areas have achieved attainment
relation to this action. If EPA receives 2015 (80 FR 40952), EPA proposed to of the 2008 Pb NAAQS. Additionally, as
relevant adverse comments, the direct approve updates to Administrative a result of these determinations, EPA
final rule will be withdrawn and all Rules of South Dakota (ARSD) into the proposes to suspend the requirements
public comments received will be South Dakota State Implementation Plan for the areas to submit attainment
addressed in a subsequent final rule (SIP). Among the updates EPA proposed demonstrations, and associated
based on this proposed action. EPA will to approve was Article 74:36:05, reasonably available control measures
not institute a second comment period ‘‘Operating Permits for Part 70 Sources’’ (RACM), reasonable further progress
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on this action. Any parties interested in which details South Dakota’s Clean Air (RFP) plans, contingency measures for
commenting on this action should do so Act Title V program. Clean Air Act Title failure to meet RFP, and attainment
at this time. Please note that if EPA V requirements are not subject to deadlines, for as long as the areas
receives adverse comment on part of Section 110 of the Clean Air Act and are continue to attain the 2008 Pb NAAQS.
this rule and if that part can be severed thus not required to be incorporated In this action EPA is not proposing a
from the remainder of the rule, EPA may into SIPs. Therefore, EPA is issuing this redesignation of the areas to attainment
adopt as final those parts of the rule that correction document to remove the of the 2008 Pb NAAQS; the areas remain
are not the subject of an adverse proposed approval of ARSD 74:36:05 designated nonattainment until such

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Document Created: 2015-12-15 10:54:31
Document Modified: 2015-12-15 10:54:31

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		Proposed Rules
Action		Proposed rule.
Dates		Comments on this proposed action must be received in writing by September 23, 2015.
Contact		Lachala Kemp, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551-7214 or by email at [email protected]
FR Citation		80 FR 51151
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Dioxides