81 FR 2090 - Approval of Missouri's Air Quality Implementation Plans; Reporting Emission Data, Emission Fees and Process Information
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 10 (January 15, 2016)
Federal Register Volume 81, Issue 10 (January 15, 2016)
| Page Range | 2090-2092 | |
| FR Document | 2016-00191 |
[Federal Register Volume 81, Number 10 (Friday, January 15, 2016)] [Rules and Regulations] [Pages 2090-2092] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-00191] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 70 [EPA-R07-OAR-2015-0790; FRL-9941-03-Region 7] Approval of Missouri's Air Quality Implementation Plans; Reporting Emission Data, Emission Fees and Process Information AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Operating Permits Program for the State of Missouri submitted on March 16, 2015. These revisions update the emissions fee for permitted sources as set by Missouri Statute from $40 to $48 per ton of air pollution emitted annually, effective January 1, 2016. DATES: This direct final rule will be effective March 15, 2016, without further notice, unless EPA receives adverse comment by February 16, 2016. 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-2015-0790, to http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. 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. FOR FURTHER INFORMATION CONTACT: Stephen Krabbe, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at 913-551-7991 or by email at [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or ``our'' refer to EPA. This section provides additional information by addressing the following: I. What is being addressed in this document? II. Have the requirements for approval of a SIP revision been met? III. What action is EPA taking? I. What is being addressed in this document? EPA is taking direct final action to approve the Operating Permits Program revision submitted by the state of Missouri for 10 CSR 10- 6.110, ``Reporting Emission Data, Emission Fees, and Process Information,'' on March 16, 2015. Section (3)(A) revised the emission fees section, which is approved under the Operating Permits Program only, and updates the emissions fee for permitted sources as set by Missouri Statute from $40 to $48 per ton of air pollution emitted annually, effective January 1, 2016, as set by Missouri statute. II. Have the requirements for approval of an operating permits program been met? The state submission has met the public notice requirements for SIP submissions in accordance with 40 CFR 51.102. The submission also satisfied the completeness criteria of 40 CFR part 51, appendix V. In addition, the revision meets the substantive SIP requirements of the Clean Air Act (CAA), including section 110 and implementing regulations. III. What action is EPA taking? 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 this Operating Permits Fee 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 [[Page 2091]] effect. We will address all public comments in any subsequent final rule based on the proposed rule. Incorporation by Reference In this action, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the Missouri 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 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 action 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 March 15, 2016. 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. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. 40 CFR Part 70 Environmental protection, Administrative practice and procedure, Air pollution control, Intergovernmental relations, Operating permits, Reporting and recordkeeping requirements. Dated: December 23, 2015. Mark Hague, Regional Administrator, Region 7. For the reasons stated in the preamble, the EPA amends 40 CFR parts 52 and 70 as set forth below: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart AA--Missouri 0 2. Amend Sec. 52.1320(c) by revising the entry for 10-6.110 to read as follows: Sec. 52.1320 Identification of Plan. * * * * * (c) * * * EPA-Approved Missouri Regulations -------------------------------------------------------------------------------------------------------------------------------------------------------- State effective Missouri citation Title date EPA approval date Explanation -------------------------------------------------------------------------------------------------------------------------------------------------------- Missouri Department of Natural Resources -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 2092]] * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of Missouri -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- 10-6.110......................... Reporting Emission Data, 11/20/14 1/15/16 [Insert Federal Register Section (3)(A), Emissions Fees, Emission Fees, and citation]. has been updated from $40 to Process Information. $48 per ton of air pollution emitted annually, effective January 1, 2016. -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * PART 70--STATE OPERATING PERMIT PROGRAMS 0 3. The authority citation for part 70 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. 0 4. Appendix A to part 70 is amended by adding new paragraph (ee) under Missouri to read as follows: Appendix A to Part 70--Approval Status of State and Local Operating Permits Programs * * * * * Missouri * * * * * (ee) The Missouri Department of Natural Resources submitted revisions to Missouri rule 10 CSR 10-6.110, ``Reporting Emission Data, Emission Fees, and Process Information'' on March 16, 2015. The state effective date is November 20, 2014. This revision is effective March 15, 2016. * * * * * [FR Doc. 2016-00191 Filed 1-14-16; 8:45 am] BILLING CODE 6560-50-P
![2090 Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Rules and Regulations
throughout the center to 30 feet of the ENVIRONMENTAL PROTECTION Development Branch, 11201 Renner
bridge. AGENCY Boulevard, Lenexa, Kansas 66219 at
To facilitate this event, the north half 913–551–7991 or by email at
40 CFR Parts 52 and 70 krabbe.stephen@epa.gov.
of the bridge span, or single leaf, will
open with at least a one hour advance [EPA–R07–OAR–2015–0790; FRL–9941–03- SUPPLEMENTARY INFORMATION:
notice provided to the bridge operator Region 7] Throughout this document ‘‘we,’’ ‘‘us,’’
from 6 a.m. to 6 p.m. on February 27, or ‘‘our’’ refer to EPA. This section
Approval of Missouri’s Air Quality provides additional information by
2016. From 6 p.m. on February 27, 2016
Implementation Plans; Reporting addressing the following:
to 5 a.m. on February 28, 2016, the
Emission Data, Emission Fees and I. What is being addressed in this document?
Montlake Bridge span will remain in the Process Information
closed-to-navigation position, or full II. Have the requirements for approval of a
SIP revision been met?
closure. Then, from 5 a.m. to 6 p.m. on AGENCY: Environmental Protection
III. What action is EPA taking?
February 28, 2016, the north half of the Agency (EPA).
bridge span will open with at least a one ACTION: Direct final rule. I. What is being addressed in this
hour advance notice to the bridge document?
operator. The normal operating SUMMARY: Environmental Protection
Agency (EPA) is taking direct final EPA is taking direct final action to
schedule for the Montlake Bridge
action to approve revisions to the approve the Operating Permits Program
operates in accordance with 33 CFR
Operating Permits Program for the State revision submitted by the state of
117.1051(e). Missouri for 10 CSR 10–6.110,
of Missouri submitted on March 16,
The deviation period is from 6 a.m. on 2015. These revisions update the ‘‘Reporting Emission Data, Emission
February 27, 2016 to 6 p.m. on February emissions fee for permitted sources as Fees, and Process Information,’’ on
27, 2016 (north single leaf opening if a set by Missouri Statute from $40 to $48 March 16, 2015. Section (3)(A) revised
one hour notice is given); from 6 p.m. per ton of air pollution emitted the emission fees section, which is
on February 27, 2016 to 5 a.m. on annually, effective January 1, 2016. approved under the Operating Permits
February 28, 2016 (remain in the closed- DATES: This direct final rule will be Program only, and updates the
to-navigation position); from 5 a.m. on effective March 15, 2016, without emissions fee for permitted sources as
February 28, 2016 to 6 p.m. on February further notice, unless EPA receives set by Missouri Statute from $40 to $48
28, 2016 (north single leaf opening if a adverse comment by February 16, 2016. per ton of air pollution emitted
one hour notice is given). If EPA receives adverse comment, we annually, effective January 1, 2016, as
will publish a timely withdrawal of the set by Missouri statute.
Waterway usage on the Lake
Washington Ship Canal ranges from direct final rule in the Federal Register II. Have the requirements for approval
commercial tug and barge to small informing the public that the rule will of an operating permits program been
pleasure craft. Vessels able to pass not take effect. met?
through the bridge in the closed-to- ADDRESSES: Submit your comments, The state submission has met the
navigation position may do so at any identified by Docket ID No. EPA–R07– public notice requirements for SIP
time. The bridge will be able to open for OAR–2015–0790, to http:// submissions in accordance with 40 CFR
emergency vessels in route to a call www.regulations.gov. Follow the online 51.102. The submission also satisfied
when an hour notice is given to the instructions for submitting comments. the completeness criteria of 40 CFR part
bridge operator, and a single leaf Once submitted, comments cannot be 51, appendix V. In addition, the revision
opening will be provided. The Lake edited or removed from Regulations.gov. meets the substantive SIP requirements
Washington Ship Canal has no EPA may publish any comment received of the Clean Air Act (CAA), including
to its public docket. Do not submit section 110 and implementing
immediate alternate route for vessels to
electronically any information you regulations.
pass. The Coast Guard will also inform
consider to be Confidential Business
the users of the waterways through our Information (CBI) or other information III. What action is EPA taking?
Local and Broadcast Notices to Mariners whose disclosure is restricted by statute.
of the change in operating schedule for We are publishing this direct final
Multimedia submissions (audio, video, rule without a prior proposed rule
the bridge so that vessels can arrange etc.) must be accompanied by a written because we view this as a
their transits to minimize any impact comment. The written comment is noncontroversial action and anticipate
caused by the temporary deviation. considered the official comment and no adverse comment. However, in the
In accordance with 33 CFR 117.35(e), should include discussion of all points ‘‘Proposed Rules’’ section of this
the drawbridge must return to its regular you wish to make. EPA will generally Federal Register, we are publishing a
operating schedule immediately at the not consider comments or comment separate document that will serve as the
end of the designated time period. This contents located outside of the primary proposed rule to this Operating Permits
deviation from the operating regulations submission (i.e. on the web, cloud, or Fee revision if adverse comments are
is authorized under 33 CFR 117.35. other file sharing system). For received on this direct final rule. We
additional submission methods, the full will not institute a second comment
Dated: January 11, 2016. EPA public comment policy, period on this action. Any parties
Steven M Fischer, information about CBI or multimedia interested in commenting must do so at
Bridge Administrator, Thirteenth Coast Guard submissions, and general guidance on this time. For further information about
Lhorne on DSK5TPTVN1PROD with RULES
District. making effective comments, please visit commenting on this rule, see the
[FR Doc. 2016–00654 Filed 1–14–16; 8:45 am] http://www2.epa.gov/dockets/ ADDRESSES section of this document. If
BILLING CODE 9110–04–P commenting-epa-dockets. EPA receives adverse comment, we will
FOR FURTHER INFORMATION CONTACT: publish a timely withdrawal in the
Stephen Krabbe, Environmental Federal Register informing the public
Protection Agency, Air Planning and that this direct final rule will not take
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![2092 Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Rules and Regulations
EPA-APPROVED MISSOURI REGULATIONS—Continued
State effective
Missouri citation Title EPA approval date Explanation
date
* * * * * * *
Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of
Missouri
* * * * * * *
10–6.110 ............. Reporting Emission Data, 11/20/14 1/15/16 [Insert Federal Section (3)(A), Emissions Fees, has been
Emission Fees, and Proc- Register citation]. updated from $40 to $48 per ton of air
ess Information. pollution emitted annually, effective
January 1, 2016.
* * * * * * *
* * * * * Families (ACF), Department of Health FOR FURTHER INFORMATION CONTACT:
and Human Services (HHS). Rebecca Shwalb, Office of Family
PART 70—STATE OPERATING PERMIT Assistance, 202–260–3305 (not a toll-
PROGRAMS ACTION: Final rule.
free call). Deaf and hearing impaired
SUMMARY: This final rule makes individuals may call the Federal Dual
■ 3. The authority citation for part 70 Party Relay Service at 1–800–877–8339
continues to read as follows: regulatory changes to the Temporary
Assistance for Needy Families (TANF) between 8:00 a.m. and 7:00 p.m. Eastern
Authority: 42 U.S.C. 7401 et seq. Time.
regulations to require states, subject to
■ 4. Appendix A to part 70 is amended penalty, to maintain policies and SUPPLEMENTARY INFORMATION:
by adding new paragraph (ee) under practices that prevent TANF funded Table of Contents
Missouri to read as follows: assistance from being used in any
I. Background
electronic benefit transfer transaction in
Appendix A to Part 70—Approval II. Notice of Proposed Rulemaking
any liquor store; any casino, gambling III. Overview of Final Rule
Status of State and Local Operating
casino, or gaming establishment; or any IV. Statutory Authority
Permits Programs
retail establishment that provides adult- V. Section-by-Section Discussion of
* * * * * oriented entertainment in which Comments and Regulatory Provisions
performers disrobe or perform in an Part 262—Accountability Provisions—
Missouri
unclothed state for entertainment. This General
* * * * * Section 262.1 What penalties apply to
(ee) The Missouri Department of Natural rule implements provisions of Section
States?
Resources submitted revisions to Missouri 4004 of the Middle Class Tax Relief and Section 262.2 When do the TANF penalty
rule 10 CSR 10–6.110, ‘‘Reporting Emission Job Creation Act of 2012. provisions apply?
Data, Emission Fees, and Process DATES: Effective Date: Provisions of this Section 262.3 How will we determine if
Information’’ on March 16, 2015. The state a State is subject to a penalty?
final rule become effective January 15,
effective date is November 20, 2014. This Part 264—Other accountability provisions:
revision is effective March 15, 2016. 2016. Subpart A—What specific rules apply for
* * * * * Compliance Date: For states, the other program penalties?
[FR Doc. 2016–00191 Filed 1–14–16; 8:45 am] District of Columbia, and territories Section 264.0 What definitions apply to
(hereafter referred to as states), HHS will this part?
BILLING CODE 6560–50–P Section 264.60 What policies and
determine compliance with provisions
practices must a State implement to
in this final rule through review and prevent assistance from being used in
DEPARTMENT OF HEALTH AND approval of reports that states submit electronic benefit transfer transaction in
HUMAN SERVICES annually. Initial reports describing the locations prohibited by the Social
policies and practices states Security Act?
Administration for Children and implemented were due on February 22, Section 264.61 What happens if a State
2014. All states submitted reports by fails to report or demonstrate it has
Families implemented and maintained the
this deadline. Hereafter, states will
policies and practices required in
45 CFR Parts 262, 264, and 265 submit reports describing the policies § 264.60 of this subpart?
and practices required by 45 CFR 264.60 Part 265—Data Collection and Reporting
RIN 0970—AC56 and Section 4004 of the Middle Class Requirements
Tax Relief and Job Creation Act of 2012 Section 265.9—What information must the
Temporary Assistance for Needy
in the Annual Report on TANF and State file annually?
Families (TANF) Program, State VI. Paperwork Reduction Act
maintenance-of-effort (MOE) Programs
Lhorne on DSK5TPTVN1PROD with RULES
Reporting On Policies and Practices VII. Regulatory Flexibility Act
in accordance with 45 CFR 265.9(b)(10).
To Prevent Use of TANF Funds in VIII. Regulatory Impact Analysis
As provided at 45 CFR 265.10, this
Electronic Benefit Transfer IX. Unfunded Mandates Reform Act of 1995
report is due by November 14 of each X. Congressional Review
Transactions in Specified Locations
fiscal year, which is the same time as XI. Executive Order 13132
AGENCY: Office of Family Assistance the fourth quarter TANF data report, as XII. Treasury and General Government
(OFA), Administration for Children and provided in 45 CFR 265.4. Appropriations Act of 1999
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Document Created: 2018-02-02 12:31:59
Document Modified: 2018-02-02 12:31:59
| 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 March 15, 2016, without further notice, unless EPA receives adverse comment by February 16, 2016. If EPA receives adverse comment, we will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. | |
| Contact | Stephen Krabbe, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at 913-551-7991 or by email at [email protected] | |
| FR Citation | 81 FR 2090 | |
| CFR Citation | 40
CFR
52 40 CFR 70 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides; Volatile Organic Compounds; Administrative Practice and Procedure and Operating Permits |
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