80 FR 57732 - Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Missouri; Control of Mercury Emissions From Electric Generating Units
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 186 (September 25, 2015)
Federal Register Volume 80, Issue 186 (September 25, 2015)
| Page Range | 57732-57734 | |
| FR Document | 2015-24339 |
[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)] [Rules and Regulations] [Pages 57732-57734] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-24339] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA-R07-OAR-2015-0427; FRL-9934-68-Region 7] Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Missouri; Control of Mercury Emissions From Electric Generating Units AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the Missouri State Plan received May 7, 2013. This revision rescinds the state rule and associated state plan controlling mercury emissions from electric generating units. This rule is being rescinded because the Federal Clean Air Mercury Rule, which is the basis for this rule and associated plan, has been vacated and removed from the Code of Federal Regulations. This action will make Missouri's State Plan consistent with Federal regulations. DATES: This direct final rule will be effective November 24, 2015, without further notice, unless EPA receives adverse comment by October 26, 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-2015-0427, by one of the following methods: 1. www.regulations.gov. Follow the on-line instructions for submitting comments. 2. Email: [email protected]. 3. Mail or Hand Delivery: Amy Bhesania, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219. Instructions: Direct your comments to Docket ID No. EPA-R07-OAR- 205-0427. 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 a.m. to 4:30 p.m., excluding legal holidays. The interested persons wanting to examine these documents should make an appointment with the office at least 24 hours in advance. FOR FURTHER INFORMATION CONTACT: Amy Bhesania, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551-7147, or by email at [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or ``our'' refer to EPA. This section provides additional information by addressing the following: I. What is being addressed in this document? II. Have the requirements for approval of a Section 111(d) plan 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 a revision to the Missouri State Plan received May 7, 2013. This revision rescinds Missouri state rule 10 CSR 10-6.368, Control of Mercury Emissions from Electric Generating Units, and associated state plan. The state rule and plan was originally incorporated into the Missouri State [[Page 57733]] Plan on January 7, 2008, (73 FR 3194) following the March 15, 2005, promulgation of the Federal Clean Air Mercury Rule (CAMR) which permanently capped and reduced mercury emissions from coal-fired power plants through a regional mercury trading program (70 FR 28606). On February 8, 2008, the D.C. Circuit Court vacated EPA's rule removing power plants from the Clean Air Act (CAA) list of sources of hazardous air pollutants, and at the same time, the Court vacated the Clean Air Mercury Rule. New Jersey v. EPA, 517 F.3d 574 (D.C. Cir. 2008). On February 16, 2012, EPA replaced CAMR with the Mercury and Air Toxics Standards (MATS rule) (77 FR 9304). Missouri has accepted delegation of this standard (80 FR 10596). Therefore, this rule and associated plan is being rescinded and removed from the Missouri State Plan to make the plan consistent with Federal regulations. II. Have the requirements for approval of a Section 111(d) plan revision been met? The Missouri Air Conservation Commission adopted the rescission of 10 CSR 10-6.368 on February 5, 2013. No comments were received on this state action. The Missouri Air Conservation Commission has full legal authority to develop rules pursuant to section 643.050 of the Missouri Air Conservation Law. The State followed all applicable administrative procedures in proposing and adopting the rule actions. After publication by the Missouri Secretary of State in the Code of State Regulations, the rescission of the rule became effective May 30, 2013. The State of Missouri submitted the rule and rescission to us for approval pursuant to section 111(d). We have evaluated the state plan rescission against criteria in 40 CFR part 60, subpart B ``Adoption and Submittal of State Plans for Designated Facilities.'' The state plan rescission meets all of the applicable requirements. III. What action is EPA taking? EPA is taking direct final action to approve a revision to the Missouri State Plan to rescind Missouri state rule 10 CSR 10-6.368, Control of Mercury Emissions from Electric Generating Units, and associated state plan. We are publishing this direct final 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 approve the State Plan 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. 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 24, 2015. Filing a petition for reconsideration by the Administrator of this direct 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. 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 62 Environmental protection, Air pollution control, Administrative practice and procedure, Intergovernmental relations, Reporting and recordkeeping requirements. Dated: September 14, 2015. Mark Hague, Acting Regional Administrator, Region 7. For the reasons stated in the preamble, EPA amends 40 CFR part 62 as set forth below: [[Page 57734]] PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS 0 1. The authority citation for part 62 continues to read as follows: Authority: 42 U.S.C. et seq. Subpart AA--Missouri Sec. 62.6362 [Removed] 0 2. Section 62.6362 is removed and reserved. [FR Doc. 2015-24339 Filed 9-24-15; 8:45 am] BILLING CODE 6560-50-P
![57732 Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations
EPA-APPROVED MISSISSIPPI REGULATIONS
State effective
State citation Title/Subject EPA Approval date Explanation
date
APC–S–1 Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants
* * * * * * *
Section 2 ........................... Definitions ................................................................... 2/9/2009 9/25/2015 [Insert citation
of publication].
Section 3 ........................... Specific Criteria for Sources of Particulate Matter ..... 2/9/2009 9/25/2015 [Insert citation
of publication].
* * * * * * *
* * * * * 1. www.regulations.gov. Follow the Docket: All documents in the docket
[FR Doc. 2015–24324 Filed 9–24–15; 8:45 am] on-line instructions for submitting are listed in the www.regulations.gov
BILLING CODE 6560–50–P comments. index. Although listed in the index,
2. Email: Bhesania.amy@epa.gov. some information is not publicly
available, i.e., CBI or other information
ENVIRONMENTAL PROTECTION 3. Mail or Hand Delivery: Amy
whose disclosure is restricted by statute.
AGENCY Bhesania, Environmental Protection
Certain other material, such as
Agency, Air Planning and Development
copyrighted material, will be publicly
40 CFR Part 62 Branch, 11201 Renner Boulevard,
available only in hard copy form.
Lenexa, Kansas 66219.
Publicly available docket materials are
[EPA–R07–OAR–2015–0427; FRL–9934–68– Instructions: Direct your comments to available either electronically in
Region 7] Docket ID No. EPA–R07–OAR–205– www.regulations.gov or in hard copy at
0427. EPA’s policy is that all comments the Environmental Protection Agency,
Approval and Promulgation of State received will be included in the public Air Planning and Development Branch,
Plans for Designated Facilities and docket without change and may be 11201 Renner Boulevard, Lenexa,
Pollutants; Missouri; Control of made available online at Kansas 66219. The Regional Office’s
Mercury Emissions From Electric www.regulations.gov, including any official hours of business are Monday
Generating Units personal information provided, unless through Friday, 8:00 a.m. to 4:30 p.m.,
the comment includes information excluding legal holidays. The interested
AGENCY: Environmental Protection claimed to be Confidential Business
Agency (EPA). persons wanting to examine these
Information (CBI) or other information documents should make an
ACTION: Direct final rule. whose disclosure is restricted by statute. appointment with the office at least 24
Do not submit through hours in advance.
SUMMARY: The Environmental Protection
www.regulations.gov or email FOR FURTHER INFORMATION CONTACT:
Agency (EPA) is taking direct final
information that you consider to be CBI Amy Bhesania, Environmental
action to approve a revision to the
or otherwise protected. The Protection Agency, Air Planning and
Missouri State Plan received May 7,
www.regulations.gov Web site is an Development Branch, 11201 Renner
2013. This revision rescinds the state
‘‘anonymous access’’ system, which Boulevard, Lenexa, Kansas 66219 at
rule and associated state plan
means EPA will not know your identity (913) 551–7147, or by email at
controlling mercury emissions from
or contact information unless you bhesania.amy@epa.gov.
electric generating units. This rule is
provide it in the body of your comment. SUPPLEMENTARY INFORMATION:
being rescinded because the Federal
If you send an email comment directly Throughout this document ‘‘we,’’ ‘‘us,’’
Clean Air Mercury Rule, which is the
to EPA without going through or ‘‘our’’ refer to EPA. This section
basis for this rule and associated plan,
www.regulations.gov, your email provides additional information by
has been vacated and removed from the
address will be automatically captured addressing the following:
Code of Federal Regulations. This action
and included as part of the comment
will make Missouri’s State Plan I. What is being addressed in this document?
that is placed in the public docket and
consistent with Federal regulations. II. Have the requirements for approval of a
made available on the Internet. If you Section 111(d) plan revision been met?
DATES: This direct final rule will be submit an electronic comment, EPA III. What action is EPA taking?
effective November 24, 2015, without recommends that you include your
further notice, unless EPA receives name and other contact information in I. What is being addressed in this
adverse comment by October 26, 2015. the body of your comment and with any document?
If EPA receives adverse comment, we disk or CD–ROM you submit. If EPA EPA is taking direct final action to
will publish a timely withdrawal of the cannot read your comment due to approve a revision to the Missouri State
mstockstill on DSK4VPTVN1PROD with RULES
direct final rule in the Federal Register technical difficulties and cannot contact Plan received May 7, 2013. This
informing the public that the rule will you for clarification, EPA may not be revision rescinds Missouri state rule 10
not take effect. able to consider your comment. CSR 10–6.368, Control of Mercury
ADDRESSES: Submit your comments, Electronic files should avoid the use of Emissions from Electric Generating
identified by Docket ID No. EPA–R07– special characters, any form of Units, and associated state plan. The
OAR–2015–0427, by one of the encryption, and be free of any defects or state rule and plan was originally
following methods: viruses. incorporated into the Missouri State
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![57734 Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations
PART 62—APPROVAL AND does this action take effect?, in the first particular community was suspended
PROMULGATION OF STATE PLANS paragraph, line 2, remove ‘‘For judicial on the suspension date or for further
FOR DESIGNATED FACILITIES AND review purposes, this rule is information, contact Bret Gates, Federal
POLLUTANTS promulgated as of 1 p.m. EST (Eastern Insurance and Mitigation
Standard Time) on the effective date, Administration, Federal Emergency
■ 1. The authority citation for part 62 which will be 60 days after the date of Management Agency, 500 C Street SW.,
continues to read as follows: publication of the rule in the Federal Washington, DC 20472, (202) 646–4133.
Authority: 42 U.S.C. et seq. Register.’’ SUPPLEMENTARY INFORMATION: The NFIP
List of Subjects in 40 CFR Part 131 enables property owners to purchase
Subpart AA—Missouri Federal flood insurance that is not
Environmental protection, Indians— otherwise generally available from
§ 62.6362 [Removed] lands, Intergovernmental relations, private insurers. In return, communities
■ 2. Section 62.6362 is removed and Reporting and recordkeeping agree to adopt and administer local
reserved. requirements, Water pollution control. floodplain management measures aimed
[FR Doc. 2015–24339 Filed 9–24–15; 8:45 am] Dated: September 18, 2015. at protecting lives and new construction
BILLING CODE 6560–50–P Kenneth J. Kopocis, from future flooding. Section 1315 of
Deputy Assistant Administrator, Office of the National Flood Insurance Act of
Water. 1968, as amended, 42 U.S.C. 4022,
ENVIRONMENTAL PROTECTION [FR Doc. 2015–24314 Filed 9–24–15; 8:45 am] prohibits the sale of NFIP flood
AGENCY BILLING CODE 6560–50–P insurance unless an appropriate public
body adopts adequate floodplain
40 CFR Part 131 management measures with effective
[EPA–HQ–OW–2010–0606; FRL–9934–33– DEPARTMENT OF HOMELAND enforcement measures. The
OW] SECURITY communities listed in this document no
RIN 2040–AF16
longer meet that statutory requirement
Federal Emergency Management for compliance with program
Water Quality Standards Regulatory Agency regulations, 44 CFR part 59.
Revisions; Correction Accordingly, the communities will be
44 CFR Part 64 suspended on the effective date in the
AGENCY: Environmental Protection third column. As of that date, flood
Agency (EPA). [Docket ID FEMA–2015–0001; Internal
insurance will no longer be available in
Agency Docket No. FEMA–8401]
ACTION: Final rule; correction. the community. We recognize that some
Suspension of Community Eligibility of these communities may adopt and
SUMMARY: EPA is removing a sentence submit the required documentation of
regarding the effective date for judicial AGENCY: Federal Emergency legally enforceable floodplain
review purposes in the preamble to a Management Agency, DHS. management measures after this rule is
final rule that appeared in the Federal ACTION: Final rule. published but prior to the actual
Register of August 21, 2015 (80 FR suspension date. These communities
51019). EPA included this sentence in SUMMARY: This rule identifies will not be suspended and will continue
the preamble to the final rule in error. communities where the sale of flood to be eligible for the sale of NFIP flood
Since the final rule does not fall within insurance has been authorized under insurance. A notice withdrawing the
any of the actions listed in Clean Water the National Flood Insurance Program suspension of such communities will be
Act section 509, it was not necessary to (NFIP) that are scheduled for published in the Federal Register.
specify an effective date for judicial suspension on the effective dates listed In addition, FEMA publishes a Flood
review purposes in the preamble. With within this rule because of Insurance Rate Map (FIRM) that
this correction there is no delay in the noncompliance with the floodplain identifies the Special Flood Hazard
effective date for purposes of judicial management requirements of the Areas (SFHAs) in these communities.
review, and parties choosing to do so program. If the Federal Emergency The date of the FIRM, if one has been
may therefore seek judicial review at Management Agency (FEMA) receives published, is indicated in the fourth
this time. documentation that the community has column of the table. No direct Federal
DATES: This correction is effective as of adopted the required floodplain financial assistance (except assistance
August 21, 2015. management measures prior to the pursuant to the Robert T. Stafford
FOR FURTHER INFORMATION CONTACT: effective suspension date given in this Disaster Relief and Emergency
Janita Aguirre, Standards and Health rule, the suspension will not occur and Assistance Act not in connection with a
Protection Division, Office of Science a notice of this will be provided by flood) may be provided for construction
and Technology (4305T), Environmental publication in the Federal Register on a or acquisition of buildings in identified
Protection Agency, 1200 Pennsylvania subsequent date. Also, information SFHAs for communities not
Ave. NW., Washington DC 20460; identifying the current participation participating in the NFIP and identified
telephone number: (202) 566–1860; fax status of a community can be obtained for more than a year on FEMA’s initial
number: (202) 566–0409; email address: from FEMA’s Community Status Book FIRM for the community as having
WQSRegulatoryClarifications@epa.gov. (CSB). The CSB is available at http:// flood-prone areas (section 202(a) of the
mstockstill on DSK4VPTVN1PROD with RULES
SUPPLEMENTARY INFORMATION: In FR Doc. www.fema.gov/fema/csb.shtm. Flood Disaster Protection Act of 1973,
2015–19821 appearing on page 51020 in DATES: The effective date of each 42 U.S.C. 4106(a), as amended). This
the Federal Register of Friday, August community’s scheduled suspension is prohibition against certain types of
21, 2015, the following correction is the third date (‘‘Susp.’’) listed in the Federal assistance becomes effective for
made: third column of the following tables. the communities listed on the date
On page 51022, in the second column, FOR FURTHER INFORMATION CONTACT: If shown in the last column. The
under the heading entitled E. When you want to determine whether a Administrator finds that notice and
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Document Created: 2018-02-26 10:19:24
Document Modified: 2018-02-26 10:19:24
| 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 November 24, 2015, without further notice, unless EPA receives adverse comment by October 26, 2015. | |
| Contact | Amy Bhesania, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551-7147, or by email at [email protected] | |
| FR Citation | 80 FR 57732 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Administrative Practice and Procedure; Intergovernmental Relations and Reporting and Recordkeeping Requirements |
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