80_FR_55724 80 FR 55545 - Approval and Promulgation of Air Quality Implementation Plans; State of Missouri; Control of NOX

80 FR 55545 - Approval and Promulgation of Air Quality Implementation Plans; State of Missouri; Control of NOX

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 179 (September 16, 2015)

Page Range55545-55548
FR Document2015-23178

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the State Implementation Plan (SIP) for the State of Missouri submitted on October 17, 2013. These revisions remove definitions that were in this rule but have been moved to the state's general definitions rule. The revisions also add text and corrects a wording error found in the rule. EPA's approval of these rule revisions is being done in accordance with the requirements of the Clean Air Act (CAA).

Federal Register, Volume 80 Issue 179 (Wednesday, September 16, 2015)
[Federal Register Volume 80, Number 179 (Wednesday, September 16, 2015)]
[Rules and Regulations]
[Pages 55545-55548]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23178]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0520; FRL-9934-00-Region 7]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Missouri; Control of NOX Emissions From Large Stationary 
Internal Combustion Engines

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) for the State of Missouri submitted on October 17, 2013. These 
revisions remove

[[Page 55546]]

definitions that were in this rule but have been moved to the state's 
general definitions rule. The revisions also add text and corrects a 
wording error found in the rule. EPA's approval of these rule revisions 
is being done in accordance with the requirements of the Clean Air Act 
(CAA).

DATES: This direct final rule will be effective November 16, 2015, 
without further notice, unless EPA receives adverse comment by October 
16, 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-2015-0520, by one of the following methods:
    1. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    2. Email: Kemp.lachala@epa.gov.
    3. Mail or Hand Delivery: Lachala Kemp, 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-
2015-0520. EPA may publish any comment received to its public docket. 
Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e. on the web, cloud, or other file sharing system). For 
additional submission methods, the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. 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 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: 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: 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 SIP revisions 
submitted by the state of Missouri for 10 CSR 10-6.390, ``Control of 
NOX Emissions from Large Stationary Internal Combustion 
Engines,'' on October 17, 2013. Section (2) of the rule is being 
amended to move several definitions from this rule to the state's 
general definitions rule 10 C.S.R. 10-6.020. The definitions being 
moved to that state's general definitions rule include: Diesel engine, 
Dual fuel engine, Emergency standby engine, Engine rating, Higher 
heating value (HHV), Lean-burn engine, Maintenance operation, Output, 
Peak load, Permitted capacity factor, Rich-burn engine, Stationary 
internal combustion engine, Stoichiometric air/fuel ration, Unit, and 
Utilization rate. However, in a subsequent SIP revision amendment to 10 
C.S.R 10-6.020 submitted by Missouri on March 27, 2014, approved by EPA 
and subsequently published in the Federal Register on March 4, 2015 (80 
FR 11577), the state amended the rule to remove the following 
definitions: Engine rating, Peak load, Permitted capacity factor and 
Stoichiometric air/fuel ratio, because they are obsolete and no longer 
used in Missouri rules. In paragraph (3)(E)(1), Missouri is making a 
minor administrative correction. In subsection (3)(F), Missouri is 
removing the term ``kiln'' and replacing it with the term ``engine'' to 
clarify the rule, EPA is not taking action on any provision of thie 
rule related to Startup, Shutdown and Malfunction (SSM). Any changes to 
these portions of the rule must meet the requirements of the final SIP 
Call related to SSM (June 12, 2015, 80 FR 33840).

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

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

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 the Federal 
Register, we are publishing a separate document that will serve as the 
proposed rule to the SIP revision 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.

[[Page 55547]]

Incorporation by Reference

    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 C.S.R. 10-6.390 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).

Statutory and Executive Order Reviews

    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).
    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 November 16, 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 the 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 in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements.

    Dated: September 3, 2015.
Becky Weber,
Acting Regional Administrator, Region 7.
    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart AA--Missouri

0
2. In Sec.  52.1320(c) the table is amended by revising the entry for 
10-6.390 to read as follows:


Sec.  52.1320  Identification of Plan.

* * * * *
    (c) * * *

                                        EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
                                                             State
       Missouri citation                 Title          effective date     EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
                                    Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------
 

[[Page 55548]]

 
                                                  * * * * * * *
10-6.390......................  Control of NOX                10/30/13  9/16/15, [Insert
                                 Emissions from Large                    Federal Register
                                 Stationary Internal                     citation].
                                 Combustion Engines.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

[FR Doc. 2015-23178 Filed 9-15-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                        Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations                                              55545

                                           reducing costs, harmonizing rules, and                  rule. Increasing the copayment amount                 Department of Veterans Affairs,
                                           promoting flexibility. Executive Order                  on January 1, 2015, might have caused                 approved this document on May 5,
                                           12866 (Regulatory Planning and                          a significant financial hardship for some             2015, for publication.
                                           Review) defines a ‘‘significant                         veterans and may have decreased
                                                                                                                                                         List of Subjects in 38 CFR Part 17
                                           regulatory action,’’ requiring review by                patient adherence to medical plans, and
                                           the Office of Management and Budget                     could have had other unpredictable                      Administrative practice and
                                           (OMB), unless OMB waives such                           negative health effects. VA anticipates               procedure, Alcohol abuse, Alcoholism,
                                           review, as ‘‘any regulatory action that is              the same risk for financial hardship and              Claims, Day care, Dental health, Drug
                                           likely to result in a rule that may: (1)                decreased patient adherence if                        abuse, Foreign relations, Government
                                           Have an annual effect on the economy                    copayments were increased in calendar                 contracts, Grant programs-health, Grant
                                           of $100 million or more or adversely                    year 2016, and has therefore extended                 programs-veterans, Health care, Health
                                           affect in a material way the economy, a                 the freeze through December 31, 2016.                 facilities, Health professions, Health
                                           sector of the economy, productivity,                    Accordingly, the Secretary found that                 records, Homeless, Medical and dental
                                           competition, jobs, the environment,                     additional advance notice and public                  schools, Medical devices, Medical
                                           public health or safety, or State, local,               procedure thereon were impractical,                   research, Mental health programs,
                                           or tribal governments or communities;                   unnecessary, and contrary to the public               Nursing homes, Philippines, Reporting
                                           (2) Create a serious inconsistency or                   interest. In accordance with 5 U.S.C.                 and recordkeeping requirements,
                                           otherwise interfere with an action taken                801(a)(1), VA submitted to the                        Scholarships and fellowships, Travel
                                           or planned by another agency; (3)                       Comptroller General and to Congress a                 and transportation expenses, Veterans.
                                           Materially alter the budgetary impact of                copy of this regulatory action and VA’s                 Dated: September 10, 2015.
                                           entitlements, grants, user fees, or loan                Regulatory Impact Analysis.
                                                                                                                                                         Michael P. Shores,
                                           programs or the rights and obligations of
                                                                                                   Unfunded Mandates                                     Chief Impact Analyst, Office of Regulation
                                           recipients thereof; or (4) Raise novel
                                                                                                      The Unfunded Mandates Reform Act                   Policy & Management, Office of the General
                                           legal or policy issues arising out of legal                                                                   Counsel, Department of Veterans Affairs.
                                           mandates, the President’s priorities, or                of 1995 requires, at 2 U.S.C. 1532, that
                                           the principles set forth in this Executive              agencies prepare an assessment of                       For the reasons set out in the
                                           Order.’’                                                anticipated costs and benefits before                 preamble, VA amends 38 CFR part 17 as
                                              The economic, interagency,                           issuing any rule that may result in the               follows:
                                           budgetary, legal, and policy                            expenditure by State, local, and tribal
                                           implications of this regulatory action                  governments, in the aggregate, or by the              PART 17—MEDICAL
                                           have been examined, and it has been                     private sector, of $100 million or more               ■ 1. The authority citation for part 17
                                           determined that it is a significant                     (adjusted annually for inflation) in any              continues to read as follows:
                                           regulatory action under Executive Order                 one year. This final rule will have no
                                           12866 because it is likely to result in a               such effect on State, local, and tribal                 Authority: 38 U.S.C. 501, and as noted in
                                           regulatory action that may have an                      governments, or on the private sector.                specific sections.
                                           annual effect on the economy of $100
                                                                                                   Catalog of Federal Domestic Assistance                § 17.110   [Amended]
                                           million or more. VA’s impact analysis
                                           can be found as a supporting document                     The Catalog of Federal Domestic                     ■  2. Amend § 17.110 in paragraphs
                                           at http://www.regulations.gov, usually                  Assistance numbers and titles for the                 (b)(1)(i) through (iii) and (b)(2), by
                                           within 48 hours after the rulemaking                    programs affected by this document are                removing all references to ‘‘December
                                           document is published. Additionally, a                  as follows: 64.005, Grants to States for              31, 2015’’ and adding in their place
                                           copy of the rulemaking and its impact                   Construction of State Home Facilities;                ‘‘December 31, 2016’’.
                                           analysis are available on VA’s Web site                 64.007, Blind Rehabilitation Centers;                 [FR Doc. 2015–23162 Filed 9–15–15; 8:45 am]
                                           at http://www.va.gov/orpm/, by                          64.008, Veterans Domiciliary Care;                    BILLING CODE 8320–01–P
                                           following the link for VA Regulations                   64.009, Veterans Medical Care Benefits;
                                           Published from FY 2004 through fiscal                   64.010, Veterans Nursing Home Care;
                                           year to date.                                           64.011, Veterans Dental Care; 64.012,                 ENVIRONMENTAL PROTECTION
                                                                                                   Veterans Prescription Service; 64.013,                AGENCY
                                           Congressional Review Act                                Veterans Prosthetic Appliances; 64.014,
                                             VA has determined that this                           Veterans State Domiciliary Care; 64.015,              40 CFR Part 52
                                           regulatory action is considered a major                 Veterans State Nursing Home Care;
                                           rule under the Congressional Review                     64.016, Veterans State Hospital Care;                 [EPA–R07–OAR–2015–0520; FRL–9934–00–
                                           Act, 5 U.S.C. 801–08, because it may                                                                          Region 7]
                                                                                                   64.018, Sharing Specialized Medical
                                           result in an annual effect on the                       Resources; 64.019, Veterans                           Approval and Promulgation of Air
                                           economy of $100 million or more. In the                 Rehabilitation Alcohol and Drug                       Quality Implementation Plans; State of
                                           preamble to the interim final rule (79 FR               Dependence; 64.022, Veterans Home                     Missouri; Control of NOX Emissions
                                           63819, 63821), we stated that although                  Based Primary Care; and 64.024, VA                    From Large Stationary Internal
                                           this regulatory action may constitute a                 Homeless Providers Grant and Per Diem                 Combustion Engines
                                           major rule within the meaning of the                    Program.
                                           Congressional Review Act, 5 U.S.C.                                                                            AGENCY: Environmental Protection
                                           804(2), it was not subject to the 60-day                Signing Authority                                     Agency (EPA).
                                           delay in effective date applicable to                     The Secretary of Veterans Affairs, or               ACTION: Direct final rule.
                                           major rules under 5 U.S.C. 801(a)(3)                    designee, approved this document and
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                                           because the Secretary found that good                   authorized the undersigned to sign and                SUMMARY:   The Environmental Protection
                                           cause existed under 5 U.S.C. 808(2) and                 submit the document to the Office of the              Agency (EPA) is taking direct final
                                           made this regulatory action effective on                Federal Register for publication                      action to approve revisions to the State
                                           January 1, 2015, consistent with the                    electronically as an official document of             Implementation Plan (SIP) for the State
                                           reasons given for the publication of this               the Department of Veterans Affairs.                   of Missouri submitted on October 17,
                                           regulatory action as an interim final                   Robert L. Nabors II, Chief of Staff,                  2013. These revisions remove


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                                           55546        Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations

                                           definitions that were in this rule but                  comment, EPA recommends that you                      Lean-burn engine, Maintenance
                                           have been moved to the state’s general                  include your name and other contact                   operation, Output, Peak load, Permitted
                                           definitions rule. The revisions also add                information in the body of your                       capacity factor, Rich-burn engine,
                                           text and corrects a wording error found                 comment and with any disk or CD–ROM                   Stationary internal combustion engine,
                                           in the rule. EPA’s approval of these rule               you submit. If EPA cannot read your                   Stoichiometric air/fuel ration, Unit, and
                                           revisions is being done in accordance                   comment due to technical difficulties                 Utilization rate. However, in a
                                           with the requirements of the Clean Air                  and cannot contact you for clarification,             subsequent SIP revision amendment to
                                           Act (CAA).                                              EPA may not be able to consider your                  10 C.S.R 10–6.020 submitted by
                                           DATES: This direct final rule will be                   comment. Electronic files should avoid                Missouri on March 27, 2014, approved
                                           effective November 16, 2015, without                    the use of special characters, any form               by EPA and subsequently published in
                                           further notice, unless EPA receives                     of encryption, and be free of any defects             the Federal Register on March 4, 2015
                                           adverse comment by October 16, 2015.                    or viruses.                                           (80 FR 11577), the state amended the
                                           If EPA receives adverse comment, we                       Docket: All documents in the docket                 rule to remove the following definitions:
                                           will publish a timely withdrawal of the                 are listed in the www.regulations.gov                 Engine rating, Peak load, Permitted
                                           direct final rule in the Federal Register               index. Although listed in the index,                  capacity factor and Stoichiometric air/
                                           informing the public that the rule will                 some information is not publicly                      fuel ratio, because they are obsolete and
                                           not take effect.                                        available, i.e., CBI or other information             no longer used in Missouri rules. In
                                           ADDRESSES: Submit your comments,                        whose disclosure is restricted by statute.            paragraph (3)(E)(1), Missouri is making
                                           identified by Docket ID No. EPA–R07–                    Certain other material, such as                       a minor administrative correction. In
                                           OAR–2015–0520, by one of the                            copyrighted material, will be publicly                subsection (3)(F), Missouri is removing
                                           following methods:                                      available only in hard copy form.                     the term ‘‘kiln’’ and replacing it with the
                                              1. www.regulations.gov. Follow the                   Publicly available docket materials are               term ‘‘engine’’ to clarify the rule, EPA is
                                           on-line instructions for submitting                     available either electronically in                    not taking action on any provision of
                                           comments.                                               www.regulations.gov or at the                         thie rule related to Startup, Shutdown
                                              2. Email: Kemp.lachala@epa.gov.                      Environmental Protection Agency, Air                  and Malfunction (SSM). Any changes to
                                              3. Mail or Hand Delivery: Lachala                    Planning and Development Branch,                      these portions of the rule must meet the
                                           Kemp, Environmental Protection                          11201 Renner Boulevard, Lenexa,                       requirements of the final SIP Call
                                           Agency, Air Planning and Development                    Kansas 66219. The Regional Office’s                   related to SSM (June 12, 2015, 80 FR
                                           Branch, 11201 Renner Boulevard,                         official hours of business are Monday                 33840).
                                           Lenexa, Kansas 66219.                                   through Friday, 8:00 to 4:30 excluding
                                              Instructions: Direct your comments to                legal holidays. The interested persons                II. Have the requirements for approval
                                           Docket ID No. EPA–R07–OAR–2015–                         wanting to examine these documents                    of a SIP revision been met?
                                           0520. EPA may publish any comment                       should make an appointment with the
                                                                                                   office at least 24 hours in advance.                    The state submission has met the
                                           received to its public docket. Do not                                                                         public notice requirements for SIP
                                           submit electronically any information                   FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                         submissions in accordance with 40 CFR
                                           you consider to be Confidential                         Lachala Kemp, Environmental                           51.102. The submission also satisfied
                                           Business Information (CBI) or other                     Protection Agency, Air Planning and                   the completeness criteria of 40 CFR part
                                           information whose disclosure is                         Development Branch, 11201 Renner                      51, appendix V. In addition, as
                                           restricted by statute. Multimedia                       Boulevard, Lenexa, Kansas 66219 at                    explained above, the revision meets the
                                           submissions (audio, video, etc.) must be                913–551–7214 or by email at
                                                                                                                                                         substantive SIP requirements of the
                                           accompanied by a written comment.                       Kemp.lachala@epa.gov.
                                                                                                                                                         CAA, including section 110 and
                                           The written comment is considered the                   SUPPLEMENTARY INFORMATION:                            implementing regulations.
                                           official comment and should include                     Throughout this document ‘‘we,’’ ‘‘us,’’
                                           discussion of all points you wish to                    or ‘‘our’’ refer to EPA. This section                 III. What action is EPA taking?
                                           make. EPA will generally not consider                   provides additional information by
                                           comments or comment contents located                    addressing the following:                                We are publishing this rule without a
                                           outside of the primary submission (i.e.                                                                       prior proposed rule because we view
                                                                                                     I. What is being addressed in this                  this as a noncontroversial action and
                                           on the web, cloud, or other file sharing                     document?
                                           system). For additional submission                                                                            anticipate no adverse comment.
                                                                                                     II. Have the requirements for approval of a
                                           methods, the full EPA public comment                         SIP revision been met?                           However, in the ‘‘Proposed Rules’’
                                           policy, information about CBI or                          III. What action is EPA taking?                     section of the Federal Register, we are
                                           multimedia submissions, and general                                                                           publishing a separate document that
                                           guidance on making effective                            I. What is being addressed in this                    will serve as the proposed rule to the
                                           comments, please visit http://                          document?                                             SIP revision if adverse comments are
                                           www2.epa.gov/dockets/commenting-                           EPA is taking direct final action to               received on this direct final rule. We
                                           epa-dockets. The www.regulations.gov                    approve SIP revisions submitted by the                will not institute a second comment
                                           Web site is an ‘‘anonymous access’’                     state of Missouri for 10 CSR 10–6.390,                period on this action. Any parties
                                           system, which means EPA will not                        ‘‘Control of NOX Emissions from Large                 interested in commenting must do so at
                                           know your identity or contact                           Stationary Internal Combustion                        this time. For further information about
                                           information unless you provide it in the                Engines,’’ on October 17, 2013. Section               commenting on this rule, see the
                                           body of your comment. If you send an                    (2) of the rule is being amended to move              ADDRESSES section of this document. If
                                           email comment directly to EPA without                   several definitions from this rule to the             EPA receives adverse comment, we will
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                                           going through www.regulations.gov,                      state’s general definitions rule 10 C.S.R.            publish a timely withdrawal in the
                                           your email address will be                              10–6.020. The definitions being moved                 Federal Register informing the public
                                           automatically captured and included as                  to that state’s general definitions rule              that this direct final rule will not take
                                           part of the comment that is placed in the               include: Diesel engine, Dual fuel engine,             effect. We will address all public
                                           public docket and made available on the                 Emergency standby engine, Engine                      comments in any subsequent final rule
                                           Internet. If you submit an electronic                   rating, Higher heating value (HHV),                   based on the proposed rule.


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                                                        Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations                                              55547

                                           Incorporation by Reference                                • Is not an economically significant                circuit by November 16, 2015. Filing a
                                             In this rule, EPA is finalizing                       regulatory action based on health or                  petition for reconsideration by the
                                           regulatory text that includes                           safety risks subject to Executive Order               Administrator of this final rule does not
                                           incorporation by reference. In                          13045 (62 FR 19885, April 23, 1997);                  affect the finality of this action for the
                                           accordance with requirements of 1 CFR                     • Is not a significant regulatory action            purposes of judicial review nor does it
                                           51.5, EPA is finalizing the incorporation               subject to Executive Order 13211 (66 FR               extend the time within which a petition
                                           by reference of Missouri’s rule 10 C.S.R.               28355, May 22, 2001);                                 for judicial review may be filed, and
                                                                                                     • Is not subject to requirements of                 shall not postpone the effectiveness of
                                           10–6.390 described in the direct final
                                                                                                   Section 12(d) of the National                         such rule or action. Parties with
                                           amendments to 40 CFR part 52 set forth
                                                                                                   Technology Transfer and Advancement                   objections to this direct final rule are
                                           below. EPA has made, and will continue
                                                                                                   Act of 1995 (15 U.S.C. 272 note) because              encouraged to file a comment in
                                           to make, these documents generally
                                                                                                   application of those requirements would               response to the parallel notice of
                                           available electronically through
                                                                                                   be inconsistent with the CAA; and                     proposed rulemaking for this action
                                           www.regulations.gov and/or in hard                        • Does not provide EPA with the
                                           copy at the appropriate EPA office (see                                                                       published in the proposed rules section
                                                                                                   discretionary authority to address, as                of the Federal Register, rather than file
                                           the ADDRESSES section of this preamble
                                                                                                   appropriate, disproportionate human                   an immediate petition for judicial
                                           for more information).
                                                                                                   health or environmental effects, using                review of this direct final rule, so that
                                           Statutory and Executive Order Reviews                   practicable and legally permissible                   EPA can withdraw this direct final rule
                                              Under the CAA, the Administrator is                  methods, under Executive Order 12898                  and address the comment in the
                                           required to approve a SIP submission                    (59 FR 7629, February 16, 1994).                      proposed rulemaking. This action may
                                           that complies with the provisions of the                  The SIP is not approved to apply on                 not be challenged later in proceedings to
                                           Act and applicable Federal regulations.                 any Indian reservation land or in any                 enforce its requirements. (See section
                                           42 U.S.C. 7410(k); 40 CFR 52.02(a).                     other area where EPA or an Indian tribe               307(b)(2).)
                                           Thus, in reviewing SIP submissions,                     has demonstrated that a tribe has
                                           EPA’s role is to approve state choices,                 jurisdiction. In those areas of Indian                List of Subjects in 40 CFR Part 52
                                           provided that they meet the criteria of                 country, the rule does not have tribal
                                                                                                   implications and will not impose                        Environmental protection, Air
                                           the CAA. Accordingly, this action                                                                             pollution control, Incorporation by
                                           merely approves state law as meeting                    substantial direct costs on tribal
                                                                                                   governments or preempt tribal law as                  reference, Intergovernmental relations,
                                           Federal requirements and does not                                                                             Ozone, Reporting and recordkeeping
                                           impose additional requirements beyond                   specified by Executive Order 13175 (65
                                                                                                   FR 67249, November 9, 2000).                          requirements.
                                           those imposed by state law. For that
                                           reason, this action:                                      The Congressional Review Act, 5                       Dated: September 3, 2015.
                                              • Is not a significant regulatory action             U.S.C. 801 et seq., as added by the Small             Becky Weber,
                                           subject to review by the Office of                      Business Regulatory Enforcement                       Acting Regional Administrator, Region 7.
                                           Management and Budget under                             Fairness Act of 1996, generally provides
                                                                                                   that before a rule may take effect, the                 For the reasons stated in the
                                           Executive Orders 12866 (58 FR 51735,                                                                          preamble, EPA amends 40 CFR part 52
                                           October 4, 1993) and 13563 (76 FR 3821,                 agency promulgating the rule must
                                                                                                   submit a rule report, which includes a                as set forth below:
                                           January 21, 2011);
                                              • Does not impose an information                     copy of the rule, to each House of the
                                                                                                   Congress and to the Comptroller General               PART 52—APPROVAL AND
                                           collection burden under the provisions
                                           of the Paperwork Reduction Act (44                      of the United States. EPA will submit a               PROMULGATION OF
                                           U.S.C. 3501 et seq.);                                   report containing this action and other               IMPLEMENTATION PLANS
                                              • Is certified as not having a                       required information to the U.S. Senate,
                                           significant economic impact on a                        the U.S. House of Representatives, and                ■ 1. The authority citation for part 52
                                           substantial number of small entities                    the Comptroller General of the United                 continues to read as follows:
                                           under the Regulatory Flexibility Act (5                 States prior to publication of the rule in                Authority: 42 U.S.C. 7401 et seq.
                                           U.S.C. 601 et seq.);                                    the Federal Register.
                                              • Does not contain any unfunded                        A major rule cannot take effect until               Subpart AA—Missouri
                                           mandate or significantly or uniquely                    60 days after it is published in the
                                           affect small governments, as described                  Federal Register. This action is not a                ■ 2. In § 52.1320(c) the table is amended
                                           in the Unfunded Mandates Reform Act                     ‘‘major rule’’ as defined by 5 U.S.C.                 by revising the entry for 10–6.390 to
                                           of 1995 (Pub. L. 104–4);                                804(2).                                               read as follows:
                                              • Does not have Federalism                             Under section 307(b)(1) of the CAA,
                                                                                                                                                         § 52.1320    Identification of Plan.
                                           implications as specified in Executive                  petitions for judicial review of this
                                           Order 13132 (64 FR 43255, August 10,                    action must be filed in the United States             *       *    *      *     *
                                           1999);                                                  Court of Appeals for the appropriate                      (c) * * *

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

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




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                                           55548           Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations

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

                                                   *                            *                *                             *                          *                  *                   *
                                           10–6.390 .................   Control of NOX Emissions from Large                    10/30/13        9/16/15, [Insert Federal Register cita-
                                                                          Stationary Internal Combustion En-                                     tion].
                                                                          gines.

                                                       *                        *                       *                      *                         *                     *                 *



                                           *       *       *       *      *                             Instructions: Direct your comments to                 Certain other material, such as
                                           [FR Doc. 2015–23178 Filed 9–15–15; 8:45 am]                Docket ID No. EPA–R07–OAR–2015–                         copyrighted material, will be publicly
                                           BILLING CODE 6560–50–P
                                                                                                      0543. EPA may publish any comment                       available only in hard copy form.
                                                                                                      received to its public docket. Do not                   Publicly available docket materials are
                                                                                                      submit electronically any information                   available either electronically in
                                           ENVIRONMENTAL PROTECTION                                   you consider to be Confidential                         www.regulations.gov or in hard copy at
                                           AGENCY                                                     Business Information (CBI) or other                     the Environmental Protection Agency,
                                                                                                      information whose disclosure is                         Air Planning and Development Branch,
                                           40 CFR Part 62                                             restricted by statute. Multimedia                       11201 Renner Boulevard, Lenexa,
                                                                                                      submissions (audio, video, etc.) must be                Kansas 66219. The Regional Office’s
                                           [EPA–R07–OAR–2015–0543; FRL–9933–95–
                                           Region 7]                                                  accompanied by a written comment.                       official hours of business are Monday
                                                                                                      The written comment is considered the                   through Friday, 8:00 a.m. to 4:30 p.m.,
                                           Approval and Promulgation of Air                           official comment and should include                     excluding legal holidays. The interested
                                           Quality Implementation Plans for                           discussion of all points you wish to                    persons wanting to examine these
                                           Designated Facilities and Pollutants;                      make. EPA will generally not consider                   documents should make an
                                           Missouri; Sewage Sludge Incinerators                       comments or comment contents located                    appointment with the office at least 24
                                                                                                      outside of the primary submission (i.e.                 hours in advance.
                                           AGENCY: Environmental Protection                           on the web, cloud, or other file sharing                FOR FURTHER INFORMATION CONTACT:
                                           Agency (EPA).                                              system). For additional submission                      Paula Higbee, Environmental Protection
                                           ACTION: Direct final rule.                                 methods, the full EPA public comment                    Agency, Air Planning and Development
                                                                                                      policy, information about CBI or                        Branch, 11201 Renner Boulevard,
                                           SUMMARY:   The Environmental Protection
                                                                                                      multimedia submissions, and general                     Lenexa, Kansas 66219 at 913–551–7028
                                           Agency (EPA) is taking direct final
                                                                                                      guidance on making effective                            or by email at higbee.paula@epa.gov.
                                           action to approve revisions to the state
                                                                                                      comments, please visit http://                          SUPPLEMENTARY INFORMATION:
                                           plan for designated facilities and
                                                                                                      www2.epa.gov/dockets/commenting-                        Throughout this document ‘‘we,’’ ‘‘us,’’
                                           pollutants developed under sections
                                                                                                      epa-dockets. The www.regulations.gov                    or ‘‘our’’ refer to EPA. This section
                                           111(d) and 129 of the Clean Air Act for
                                                                                                      Web site is an ‘‘anonymous access’’                     provides additional information by
                                           the State of Missouri. This direct final
                                                                                                      system, which means EPA will not                        addressing the following:
                                           action will amend the state plan to
                                                                                                      know your identity or contact                           I. Background
                                           include a new plan and associated rule
                                                                                                      information unless you provide it in the                II. Analysis of State Submittal
                                           implementing emission guidelines for
                                                                                                      body of your comment. If you send an                    III. What Action is EPA taking?
                                           Sewage Sludge Incinerators published
                                                                                                      email comment directly to EPA without
                                           in the Federal Register on March 21,                                                                               I. Background
                                                                                                      going through www.regulations.gov,
                                           2011.                                                                                                                 The Clean Air Act (CAA) requires that
                                                                                                      your email address will be
                                           DATES:  This direct final rule will be                     automatically captured and included as                  state regulatory agencies implement the
                                           effective November 16, 2015, without                       part of the comment that is placed in the               emission guidelines and compliance
                                           further notice, unless EPA receives                        public docket and made available on the                 times using a state plan developed
                                           adverse comment by October 16, 2015.                       Internet. If you submit an electronic                   under sections 111(d) and 129 of the
                                           If EPA receives adverse comment, we                        comment, EPA recommends that you                        CAA. Section 111(d) establishes general
                                           will publish a timely withdrawal of the                    include your name and other contact                     requirements and procedures on state
                                           direct final rule in the Federal Register                  information in the body of your                         plan submittals for the control of
                                           informing the public that the rule will                    comment and with any disk or CD–ROM                     designated pollutants. Section 129
                                           not take effect.                                           you submit. If EPA cannot read your                     requires emission guidelines to be
                                           ADDRESSES: Submit your comments,                           comment due to technical difficulties                   promulgated for all categories of sewage
                                           identified by Docket ID No. EPA–R07–                       and cannot contact you for clarification,               sludge incineration units, including
                                           OAR–2015–0543, by one of the                               EPA may not be able to consider your                    sewage sludge incineration (SSI) units.
                                           following methods:                                         comment. Electronic files should avoid                  Section 129 mandates that all plan
                                              1. www.regulations.gov. Follow the                      the use of special characters, any form                 requirements be at least as protective
                                           on-line instructions for submitting                        of encryption, and be free of any defects               and restrictive as the promulgated
                                           comments.                                                  or viruses.                                             emission guidelines. This includes fixed
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                                              2. Email: higbee.paula@epa.gov                            Docket: All documents in the docket                   final compliance dates, fixed
                                              3. Mail or Hand Delivery: Paula                         are listed in the www.regulations.gov                   compliance schedules, and Title V
                                           Higbee, Environmental Protection                           index. Although listed in the index,                    permitting requirements for all affected
                                           Agency, Air Planning and Development                       some information is not publicly                        sources. Section 129 also requires that
                                           Branch, 11201 Renner Boulevard,                            available, i.e., CBI or other information               state plans be submitted to EPA within
                                           Lenexa, Kansas 66219.                                      whose disclosure is restricted by statute.              one year after EPA’s promulgation of the


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Document Created: 2018-02-26 10:16:38
Document Modified: 2018-02-26 10:16:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis direct final rule will be effective November 16, 2015, without further notice, unless EPA receives adverse comment by October 16, 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.
ContactLachala 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 Citation80 FR 55545 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone and Reporting and Recordkeeping Requirements

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