81 FR 50348 - Approval of California Air Plan Revisions, Placer County Air Pollution Control District and Ventura County Air Pollution Control District
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 147 (August 1, 2016)
Federal Register Volume 81, Issue 147 (August 1, 2016)
| Page Range | 50348-50351 | |
| FR Document | 2016-17912 |
[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)] [Rules and Regulations] [Pages 50348-50351] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-17912] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2016-0262; FRL-9948-10-Region 9] Approval of California Air Plan Revisions, Placer County Air Pollution Control District and Ventura County Air Pollution Control District 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 Placer County Air Pollution Control District (PCAPCD) and Ventura County Air Pollution Control District (VCAPCD) portions of the California State Implementation Plan (SIP). These revisions concern oxides of nitrogen (NOX ) and carbon monoxide (CO) emissions from stationary gas turbines, boilers, steam generators, and process heaters. We are approving local rules that regulate these emission sources under the Clean Air Act (CAA or the Act). DATES: This rule is effective on September 30, 2016 without further notice, unless the EPA receives adverse comments by August 31, 2016. If we receive such comments, we will publish a timely withdrawal in the Federal Register to notify the public that this direct final rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09- OAR-2016-0262 at http://www.regulations.gov, or via email to Andrew Steckel, Rules Office Chief, at [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, the 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. The 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, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For 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: Kevin Gong, EPA Region IX, (415) 972 3073, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' and ``our'' refer to the EPA. Table of Contents I. The State's Submittal A. What rules did the State submit? B. Are there other versions of these rules? C. What is the purpose of the submitted rule revisions? II. The EPA's Evaluation and Action A. How is the EPA evaluating the rules? B. Do the rules meet the evaluation criteria? [[Page 50349]] C. EPA Recommendations To Further Improve the Rules D. Public Comment and Final Action III. Incorporation by Reference IV. Statutory and Executive Order Reviews I. The State's Submittal A. What rules did the State submit? Table 1 lists the rules addressed by this action with the dates that they were adopted by the local air agencies and submitted by the California Air Resources Board. Table 1--Submitted Rules ---------------------------------------------------------------------------------------------------------------- Local agency Rule No. Rule title Date of local action Submitted ---------------------------------------------------------------------------------------------------------------- PCAPCD............................ 250 Stationary Gas Amended 10/8/2015.... 03/11/2016 Turbines. VCAPCD............................ 74.15.1 Boilers, Steam Revised 6/23/2015.... 11/13/2015 Generators, and Process Heaters. ---------------------------------------------------------------------------------------------------------------- On January 19, 2016, the EPA determined that the submittal for VCAPCD Rule 74.15.1 met the completeness criteria in 40 CFR part 51, appendix V, which must be met before formal EPA review. On April 19, 2016, the EPA determined that the submittal for PCAPCD Rule 250 met the completeness criteria. B. Are there other versions of these rules? We approved an earlier version of PCAPCD Rule 250 into the SIP on August 23, 1995, in 60 FR 43713, and an earlier version of VCAPCD Rule 74.15.1 into the SIP on May 19, 2014, in 79 FR 28612. C. What is the purpose of the submitted rule revisions? NOX helps produce ground-level ozone, smog and particulate matter (PM), which harm human health and the environment. Section 110(a) of the CAA requires States to submit regulations that control NOX emissions. PCAPCD Rule 250 and VCAPCD Rule 74.15.1 both limit the emissions of NOX from their respective source categories. The revisions to PCAPCD Rule 250 include the removal of exemptions for emissions resulting from startup and shutdown operations, and simplification of the emission limits for stationary gas turbines. VCAPCD Rule 74.15.1 updates the testing regime and clarifies several exemptions for boilers, steam generators, and process heaters. The EPA's technical support documents (TSDs) have more information about these rules. II. The EPA's Evaluation and Action A. How is the EPA evaluating the rules? SIP rules must be enforceable (see CAA section 110(a)(2)), must not interfere with applicable requirements concerning attainment and reasonable further progress or other CAA requirements (see CAA section 110(l)), and must not modify certain SIP control requirements in nonattainment areas without ensuring equivalent or greater emissions reductions (see CAA section 193). SIP provisions cannot include exemptions from emission limitations for emissions during startup, shutdown, and malfunction (SSM) events. Thus, in order to be permissible in a SIP, emission limitations must apply continuously, i.e., they cannot include periods during which emissions are legally or functionally exempt from regulation (see CAA sections 110(a)(2) and 302(k)). EPA recently clarified this requirement for periods of startup, shutdown, and malfunction. See Restatement and Update of EPA's SSM Policy Applicable to SIPs, 80 FR 33839 (June 12, 2015). Generally, SIP rules must require reasonably available control technology (RACT) for each major source of NOX in ozone nonattainment areas classified as moderate or above (see CAA sections 182(b)(2) and 182(f)). PCAPCD regulates an ozone nonattainment area classified as Severe for the 1994 1-hour ozone National Ambient Air Quality Standard (NAAQS), and for the 1997 and 2008 8-hour ozone NAAQS (40 CFR 81.305). VCAPCD also regulates an ozone nonattainment area classified as Severe for the 1994 1-hour ozone NAAQS and for the 1997 and 2008 8-hour ozone NAAQS (40 CFR 81.305). Therefore, PCAPCD Rule 250 and VCAPCD Rule 74.15.1 must both implement RACT as the Districts regulate ozone nonattainment areas classified as Severe. Guidance and policy documents that we used to evaluate enforceability, revision/relaxation and rule stringency requirements for the applicable criteria pollutants include the following: 1. ``State Implementation Plans; General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990,'' (57 FR 13498, April 16, 1992 and 57 FR 18070, April 28, 1992). 2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations'' (``the Bluebook,'' U.S. EPA, May 25, 1988; revised January 11, 1990). 3. ``Guidance Document for Correcting Common VOC & Other Rule Deficiencies'' (``the Little Bluebook'', EPA Region 9, August 21, 2001). 4. ``State Implementation Plans; Nitrogen Oxides Supplement to the General Preamble; Clean Air Act Amendments of 1990 Implementation of Title I; Proposed Rule'' (``the NOX Supplement,'' 57 FR 55620, November 25, 1992). 5. ``Alternative Control Techniques Document--NOX Emissions from Stationary Gas Turbines,'' (EPA-453/R-93-007), Emissions Standards Division, EPA OAQPS, January 1993. 6. ``Control Techniques for Nitrogen Oxides Emissions from Stationary Sources--Second Edition,'' (EPA-450/1-78-001), January 1978. 7. ``Alternative Control Techniques Document--NOX Emissions from Process Heaters (Revised),'' (EPA-453/R93-034), September 1993. 8. ``Determination of Reasonably Available Control Technology and Best Available Retrofit Control Technology for Industrial, Institutional, and Commercial Boilers, Steam Generators, and Process Heaters,'' California Air Resources Board RACT/BARCT guidance, July 18, 1991. 9. ``Restatement and Update of EPA's SSM Policy Applicable to SIPs,'' 80 FR 33839, June 12, 2015. B. Do the rules meet the evaluation criteria? We believe these rules are consistent with the relevant policy and guidance regarding enforceability, RACT, SIP relaxations, and requirements for emissions that occur during SSM events. The TSDs have more information on our evaluation. C. EPA Recommendations To Further Improve the Rules The TSDs describe additional rule revisions that we recommend for the next time the local agency modifies the rules but are not currently the basis for rule disapproval. D. Public Comment and Final Action As authorized in section 110(k)(3) of the Act, the EPA is fully approving the submitted rules because we believe they [[Page 50350]] fulfill all relevant requirements.\1\ We do not think anyone will object to this approval, so we are finalizing it without proposing it in advance. However, in the Proposed Rules section of this Federal Register, we are simultaneously proposing approval of the same submitted rule. If we receive adverse comments by August 31, 2016, we will publish a timely withdrawal in the Federal Register to notify the public that the direct final approval will not take effect and we will address the comments in a subsequent final action based on the proposal. If we do not receive timely adverse comments, the direct final approval will be effective without further notice on September 30, 2016. This will incorporate these rules into the federally enforceable SIP. --------------------------------------------------------------------------- \1\ Upon the effective date of this final action, submitted PCAPCD Rule 250 would supersede existing PCAPCD Rule 250, approved at 60 FR 43713 in the applicable SIP. Submitted VCAPCD Rule 74.15.1 would supersede existing VCAPCD Rule 74.15.1, approved at 79 FR 28612. --------------------------------------------------------------------------- Please note that if the EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, the EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. III. Incorporation by Reference In this rule, the 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 PCAPCD and VCAPCD rules described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents available electronically through www.regulations.gov and in hard copy at U.S. Environmental Protection Agency Region IX (Air-4), 75 Hawthorne Street, San Francisco, CA, 94105-3901. IV. Statutory and Executive Order Reviews Under the Clean Air Act, 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, the EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. 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 Clean Air Act; and does not provide the 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). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the 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. The 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 Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by September 30, 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. 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 today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that the 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, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements. Dated: June 14, 2016. Alexis Strauss, Acting Regional Administrator, Region IX. Part 52, chapter I, title 40 of the Code of Federal Regulations is amended as follows: 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 F--California 0 2. Section 52.220 is amended by adding paragraphs (c)(202)(i)(E)(3), (c)(429)(i)(A)(6), (c)(472)(i)(B), and (c)(474) to read as follows: Sec. 52.220 Identification of plan--in part. * * * * * (c) * * * (202) * * * [[Page 50351]] (i) * * * (E) * * * (3) Previously approved on August 23, 1995, in paragraph (c)(202)(i)(E)(1) of this section, and now deleted with replacement in (c)(474)(i)(A)(1), Rule 250, ``Stationary Gas Turbines,'' adopted on October 17, 1994. * * * * * (429) * * * (i) * * * (A) * * * (6) Previously approved on May 19, 2014, in paragraph (c)(429)(i)(A)(3) of this section and now deleted with replacement in (c)(472)(i)(B)(1), Rule 74.15.1, ``Boilers, Steam Generators, and Process Heaters,'' amended on September 11, 2012. * * * * * (472) * * * (i) * * * (B) Ventura County Air Pollution Control District. (1) Rule 74.15.1, ``Boilers, Steam Generators, and Process Heaters,'' revised June 23, 2015. * * * * * (474) New and amended regulations were submitted on March 11, 2016, by the Governor's designee. (i) Incorporation by reference. (A) Placer County Air Pollution Control District. (1) Rule 250, ``Stationary Gas Turbines,'' amended on October 8, 2015. [FR Doc. 2016-17912 Filed 7-29-16; 8:45 am] BILLING CODE 6560-50-P
![50348 Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations
EPA-APPROVED VERMONT REGULATIONS—Continued
State effective
State citation Title/subject EPA approval date Explanations
date
Section 5–309 ................ Nitrogen dioxide ........... 7/5/2014 8/1/2016 [Insert Fed- Revision addresses the NO2 NAAQS adopted
eral Register cita- in 2010.
tion].
Section 5–310 ................ Lead ............................. 7/5/2014 8/1/2016 [Insert Fed- Revision addresses the Lead NAAQS adopted
eral Register cita- in 2008.
tion].
* * * * * * *
Section 5–401 ................ Classification of air con- 2/8/2011 8/1/2016 [Insert Fed- Amended the source category for asphalt batch
taminant sources. eral Register cita- plants.
tion].
Section 5–402 ................ Written reports when 2/8/2011 8/1/2016 [Insert Fed-
requested. eral Register cita-
tion].
* * * * * * *
Section 5–406 ................ Required air modeling 7/5/2014 8/1/2016 [Insert Fed- Clarified air dispersion modeling must be done
eral Register cita- in accordance with 40 CFR part 51, Appendix
tion]. W.
Section 5–501 ................ Review of construction 7/5/2014 8/1/2016 [Insert Fed- Only approving: revisions made to subsections
or modification of air eral Register cita- (1) and (5); new provisions (4), and (6) even
contaminant sources. tion]. though existing subsection 4 and 6 will re-
main in the SIP; and new introductory text in
subsection (7), and new text in subsection
(7)(c).
Section 5–502 ................ Major stationary 7/5/2014 8/1/2016 [Insert Fed- Approving only revisions made to subsections
sources and major eral Register cita- (2), (4)(a), (4)(b), (4)(e), and (6)(b) and add-
modifications. tion]. ing a new subsection (8)(b). Also removing
subsection (7)(b). Subsections (7) and (8)
both relate to ambient air quality monitoring.
* * * * * * *
[FR Doc. 2016–18158 Filed 7–29–16; 8:45 am] that regulate these emission sources official comment and should include
BILLING CODE 6560–50–P under the Clean Air Act (CAA or the discussion of all points you wish to
Act). make. The EPA will generally not
DATES: This rule is effective on consider comments or comment
ENVIRONMENTAL PROTECTION September 30, 2016 without further contents located outside of the primary
AGENCY notice, unless the EPA receives adverse submission (i.e. on the Web, cloud, or
comments by August 31, 2016. If we other file sharing system). For
40 CFR Part 52 additional submission methods, please
receive such comments, we will publish
[EPA–R09–OAR–2016–0262; FRL–9948–10– a timely withdrawal in the Federal contact the person identified in the FOR
Region 9] Register to notify the public that this FURTHER INFORMATION CONTACT section.
direct final rule will not take effect. For the full EPA public comment policy,
Approval of California Air Plan information about CBI or multimedia
ADDRESSES: Submit your comments,
Revisions, Placer County Air Pollution submissions, and general guidance on
identified by Docket ID No. EPA–R09–
Control District and Ventura County making effective comments, please visit
OAR–2016–0262 at http://
Air Pollution Control District http://www2.epa.gov/dockets/
www.regulations.gov, or via email to
commenting-epa-dockets.
AGENCY: Environmental Protection Andrew Steckel, Rules Office Chief, at
Agency (EPA). Steckel.Andrew@epa.gov. For comments FOR FURTHER INFORMATION CONTACT:
submitted at Regulations.gov, follow the Kevin Gong, EPA Region IX, (415) 972
ACTION: Direct final rule.
online instructions for submitting 3073, Gong.Kevin@epa.gov.
SUMMARY: The Environmental Protection comments. Once submitted, comments SUPPLEMENTARY INFORMATION:
Agency (EPA) is taking direct final cannot be edited or removed from Throughout this document, ‘‘we,’’ ‘‘us,’’
action to approve revisions to the Placer Regulations.gov. For either manner of and ‘‘our’’ refer to the EPA.
County Air Pollution Control District submission, the EPA may publish any Table of Contents
(PCAPCD) and Ventura County Air comment received to its public docket.
Pollution Control District (VCAPCD) Do not submit electronically any I. The State’s Submittal
sradovich on DSK3GMQ082PROD with RULES
portions of the California State information you consider to be A. What rules did the State submit?
Implementation Plan (SIP). These Confidential Business Information (CBI) B. Are there other versions of these rules?
C. What is the purpose of the submitted
revisions concern oxides of nitrogen or other information whose disclosure is rule revisions?
(NOX) and carbon monoxide (CO) restricted by statute. Multimedia II. The EPA’s Evaluation and Action
emissions from stationary gas turbines, submissions (audio, video, etc.) must be A. How is the EPA evaluating the rules?
boilers, steam generators, and process accompanied by a written comment. B. Do the rules meet the evaluation
heaters. We are approving local rules The written comment is considered the criteria?
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![Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations 50351
(i) * * * to submit a report describing progress in accompanying cover letter also included
(E) * * * achieving reasonable progress goals a determination that Missouri’s existing
(3) Previously approved on August 23, (RPGs) to improve visibility in Federally regional haze SIP requires no
1995, in paragraph (c)(202)(i)(E)(1) of designated areas in nearby states that substantive revision to achieve the
this section, and now deleted with may be affected by emissions from established regional haze visibility
replacement in (c)(474)(i)(A)(1), Rule sources in Missouri. EPA is taking final improvement and emissions reduction
250, ‘‘Stationary Gas Turbines,’’ adopted action to approve Missouri’s goals for 2018.
on October 17, 1994. determination that the existing Regional States are required to submit a
* * * * * Haze (RH) SIP is adequate to meet the progress report in the form of a SIP
(429) * * * visibility goals and requires no revision every five years that evaluates
(i) * * * substantive revision at this time. progress towards the RPGs for each
(A) * * * DATES: This final rule is effective August mandatory Class I Federal area within
(6) Previously approved on May 19, 31, 2016. the state and in each mandatory Class I
2014, in paragraph (c)(429)(i)(A)(3) of ADDRESSES: EPA has established a
Federal area outside the state which
this section and now deleted with may be affected by emissions from
docket for this action under Docket ID
replacement in (c)(472)(i)(B)(1), Rule within the state. See 40 CFR 51.308(g).
No. EPA–R07–OAR–2015–0581. All
74.15.1, ‘‘Boilers, Steam Generators, and In addition, the provisions under 40
documents in the docket are listed on
Process Heaters,’’ amended on CFR 51.308(h) require states to submit,
the www.regulations.gov Web site.
September 11, 2012. at the same time as the 40 CFR 51.308(g)
Although listed in the index, some
progress report, a determination of the
* * * * * information is not publicly available,
adequacy of the state’s existing regional
(472) * * * i.e., CBI or other information whose
haze SIP. The first progress report SIP
(i) * * * disclosure is restricted by statute.
is due five years after submittal of the
(B) Ventura County Air Pollution Certain other material, such as
initial regional haze SIP. The Missouri
Control District. copyrighted material, is not placed on
Department of Natural Resources
(1) Rule 74.15.1, ‘‘Boilers, Steam the Internet and will be publicly
(MDNR) submitted its regional haze SIP
Generators, and Process Heaters,’’ available only in hard copy form.
on August 5, 2009, and a supplement on
revised June 23, 2015. Publicly available docket materials are
January 30, 2012, in accordance with 40
* * * * * available either electronically through
CFR 51.308(b).1
(474) New and amended regulations www.regulations.gov or at the On February 14, 2014, MDNR
were submitted on March 11, 2016, by Environmental Protection Agency, Air provided to the Federal Land Managers
the Governor’s designee. Planning and Development Branch, a revision to Missouri’s SIP reporting on
(i) Incorporation by reference. 11201 Renner Boulevard, Lenexa, progress made during the first
(A) Placer County Air Pollution Kansas 66219. The Regional Office’s implementation period toward RPGs for
Control District. official hours of business are Monday Class I areas in the state and Class I
(1) Rule 250, ‘‘Stationary Gas through Friday, 8:00 a.m. to 4:30 p.m., areas outside the state that are affected
Turbines,’’ amended on October 8, 2015. excluding Federal holidays. The by Missouri sources. Missouri has two
interested persons wanting to examine Class I areas, Mingo National Wildlife
[FR Doc. 2016–17912 Filed 7–29–16; 8:45 am]
these documents should make an Refuge (Mingo) and Hercules Glades
BILLING CODE 6560–50–P
appointment with the office at least 24 Wilderness Area (Hercules Glades).
hours in advance. Missouri also hosts an additional
ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT:
AGENCY Amy Algoe-Eakin, Environmental 1 On June 26, 2012, EPA finalized a limited
Protection Agency, Air Planning and approval of Missouri’s August 5, 2009, regional
40 CFR Part 52 Development Branch, 11201 Renner haze SIP to address the first implementation period
for regional haze (77 FR 38007). In a separate
Boulevard, Lenexa, Kansas 66219 at action, published on June 7, 2012 (77 FR 33642),
[EPA–R07–OAR–2015–0581; FRL–9949–68– 913–551–7942, or by email at algoe-
Region 7] EPA finalized a limited disapproval of the Missouri
eakin.amy@epa.gov. regional haze SIP because of the State’s reliance on
SUPPLEMENTARY INFORMATION: the Clean Air Interstate Rule to meet certain
Approval of Missouri’s Air Quality regional haze requirements, which EPA replaced in
Implementation Plans; Regional Haze Throughout this document ‘‘we,’’ ‘‘us,’’ August 2011 with the Cross-State Air Pollution Rule
State Implementation Plan Revision or ‘‘our’’ refer to EPA. This section (CSAPR) (76 FR 48208 (Aug. 8, 2011)). In the
and 2013 Five-Year Progress Report provides additional information by aforementioned June 7, 2012, action, EPA finalized
addressing the following: a Federal Implementation Plan (FIP) for Missouri to
AGENCY: Environmental Protection replace the State’s reliance on CAIR with reliance
I. Background on CSAPR. Following these EPA actions, the D.C.
Agency. II. Summary of SIP Revision Circuit issued a decision in EME Homer City
ACTION: Final rule. III. Final Action Generation, L.P. v. EPA (‘‘EME Homer City’’), 696
IV. Statutory and Executive Order Reviews F. 3d 7 (D.C. Cir. 2012), vacating CSAPR and
SUMMARY: The Environmental Protection keeping CAIR in place pending the promulgation of
Agency (EPA) is taking final action to I. Background a valid replacement rule. On April 29, 2014, the
U.S. Supreme Court reversed the D.C. Circuit
approve the Missouri State On September 29, 2015, (80 FR opinion vacating CSAPR, and remanded the case for
Implementation Plan (SIP) revision 58410), EPA published a notice of further proceedings. EME Homer City, 572 U.S. 134
submitted to EPA by the State of proposed rulemaking (NPR) for the State S. Ct. 1584. In the interim, CAIR remained in place.
sradovich on DSK3GMQ082PROD with RULES
On October 23, 2014, the D.C. Circuit granted EPA’s
Missouri on August 5, 2014, of Missouri. In the NPR, EPA proposed motion to lift the stay on CSAPR. Order of October
documenting that the State’s existing approval of Missouri’s progress report 23, 2014, in EME Homer City, D.C. Cir. No. 11–
plan is making adequate progress to SIP, a report on progress made in the 1302. EPA issued an interim final rule to clarify
achieve visibility goals by 2018. The first implementation period towards how EPA will implement CSAPR consistent with
the D.C. Circuit’s order. 79 FR 71663 (December 3,
Missouri SIP revision addressed the RPGs for Class I areas that are affected 2014) (interim final rulemaking). Subsequent to the
Regional Haze Rule (RHR) requirements by emissions from Missouri sources. interim final rulemaking, EPA began
under the Clean Air Act (CAA or Act) This progress report SIP and implementation of CSAPR on January 1, 2015.
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Document Created: 2016-07-30 06:25:42
Document Modified: 2016-07-30 06:25:42
| 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 rule is effective on September 30, 2016 without further notice, unless the EPA receives adverse comments by August 31, 2016. If we receive such comments, we will publish a timely withdrawal in the Federal Register to notify the public that this direct final rule will not take effect. | |
| Contact | Kevin Gong, EPA Region IX, (415) 972 3073, [email protected] | |
| FR Citation | 81 FR 50348 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone and Reporting and Recordkeeping Requirements |
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