81_FR_50498 81 FR 50351 - Approval of Missouri's Air Quality Implementation Plans; Regional Haze State Implementation Plan Revision and 2013 Five-Year Progress Report

81 FR 50351 - Approval of Missouri's Air Quality Implementation Plans; Regional Haze State Implementation Plan Revision and 2013 Five-Year Progress Report

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 147 (August 1, 2016)

Page Range50351-50353
FR Document2016-17785

The Environmental Protection Agency (EPA) is taking final action to approve the Missouri State Implementation Plan (SIP) revision submitted to EPA by the State of Missouri on August 5, 2014, documenting that the State's existing plan is making adequate progress to achieve visibility goals by 2018. The Missouri SIP revision addressed the Regional Haze Rule (RHR) requirements under the Clean Air Act (CAA or Act) to submit a report describing progress in achieving reasonable progress goals (RPGs) to improve visibility in Federally designated areas in nearby states that may be affected by emissions from sources in Missouri. EPA is taking final action to approve Missouri's determination that the existing Regional Haze (RH) SIP is adequate to meet the visibility goals and requires no substantive revision at this time.

Federal Register, Volume 81 Issue 147 (Monday, August 1, 2016)
[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)]
[Rules and Regulations]
[Pages 50351-50353]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17785]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0581; FRL-9949-68-Region 7]


Approval of Missouri's Air Quality Implementation Plans; Regional 
Haze State Implementation Plan Revision and 2013 Five-Year Progress 
Report

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve the Missouri State Implementation Plan (SIP) revision 
submitted to EPA by the State of Missouri on August 5, 2014, 
documenting that the State's existing plan is making adequate progress 
to achieve visibility goals by 2018. The Missouri SIP revision 
addressed the Regional Haze Rule (RHR) requirements under the Clean Air 
Act (CAA or Act) to submit a report describing progress in achieving 
reasonable progress goals (RPGs) to improve visibility in Federally 
designated areas in nearby states that may be affected by emissions 
from sources in Missouri. EPA is taking final action to approve 
Missouri's determination that the existing Regional Haze (RH) SIP is 
adequate to meet the visibility goals and requires no substantive 
revision at this time.

DATES: This final rule is effective August 31, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2015-0581. All documents in the docket are listed on 
the www.regulations.gov Web site. 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, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically through 
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 a.m. to 4:30 p.m., excluding Federal 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 Algoe-Eakin, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219 at 913-551-7942, 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. Background
II. Summary of SIP Revision
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On September 29, 2015, (80 FR 58410), EPA published a notice of 
proposed rulemaking (NPR) for the State of Missouri. In the NPR, EPA 
proposed approval of Missouri's progress report SIP, a report on 
progress made in the first implementation period towards RPGs for Class 
I areas that are affected by emissions from Missouri sources. This 
progress report SIP and accompanying cover letter also included a 
determination that Missouri's existing regional haze SIP requires no 
substantive revision to achieve the established regional haze 
visibility improvement and emissions reduction goals for 2018.
    States are required to submit a progress report in the form of a 
SIP revision every five years that evaluates progress towards the RPGs 
for each mandatory Class I Federal area within the state and in each 
mandatory Class I Federal area outside the state which may be affected 
by emissions from within the state. See 40 CFR 51.308(g). In addition, 
the provisions under 40 CFR 51.308(h) require states to submit, at the 
same time as the 40 CFR 51.308(g) progress report, a determination of 
the adequacy of the state's existing regional haze SIP. The first 
progress report SIP is due five years after submittal of the initial 
regional haze SIP. The Missouri Department of Natural Resources (MDNR) 
submitted its regional haze SIP on August 5, 2009, and a supplement on 
January 30, 2012, in accordance with 40 CFR 51.308(b).\1\
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    \1\ On June 26, 2012, EPA finalized a limited approval of 
Missouri's August 5, 2009, regional haze SIP to address the first 
implementation period for regional haze (77 FR 38007). In a separate 
action, published on June 7, 2012 (77 FR 33642), EPA finalized a 
limited disapproval of the Missouri regional haze SIP because of the 
State's reliance on the Clean Air Interstate Rule to meet certain 
regional haze requirements, which EPA replaced in August 2011 with 
the Cross-State Air Pollution Rule (CSAPR) (76 FR 48208 (Aug. 8, 
2011)). In the aforementioned June 7, 2012, action, EPA finalized a 
Federal Implementation Plan (FIP) for Missouri to replace the 
State's reliance on CAIR with reliance on CSAPR. Following these EPA 
actions, the D.C. Circuit issued a decision in EME Homer City 
Generation, L.P. v. EPA (``EME Homer City''), 696 F. 3d 7 (D.C. Cir. 
2012), vacating CSAPR and keeping CAIR in place pending the 
promulgation of a valid replacement rule. On April 29, 2014, the 
U.S. Supreme Court reversed the D.C. Circuit opinion vacating CSAPR, 
and remanded the case for further proceedings. EME Homer City, 572 
U.S. 134 S. Ct. 1584. In the interim, CAIR remained in place. On 
October 23, 2014, the D.C. Circuit granted EPA's motion to lift the 
stay on CSAPR. Order of October 23, 2014, in EME Homer City, D.C. 
Cir. No. 11-1302. EPA issued an interim final rule to clarify how 
EPA will implement CSAPR consistent with the D.C. Circuit's order. 
79 FR 71663 (December 3, 2014) (interim final rulemaking). 
Subsequent to the interim final rulemaking, EPA began implementation 
of CSAPR on January 1, 2015.
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    On February 14, 2014, MDNR provided to the Federal Land Managers a 
revision to Missouri's SIP reporting on progress made during the first 
implementation period toward RPGs for Class I areas in the state and 
Class I areas outside the state that are affected by Missouri sources. 
Missouri has two Class I areas, Mingo National Wildlife Refuge (Mingo) 
and Hercules Glades Wilderness Area (Hercules Glades). Missouri also 
hosts an additional

[[Page 50352]]

Interagency Monitoring of Protected Visual Environments (IMPROVE) 
monitoring site, located at El Dorado Springs.\2\ Notification was 
published on MDNR's Air Pollution Control Program Web site on April 28, 
2014. A public hearing was held on held at the St. Louis Regional 
Office on Thursday, May 29, 2014.
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    \2\ The El Dorado Springs IMPROVE monitoring site is a Protocol 
monitoring site that is maintained by MDNR to also measure 
visibility impairment in Missouri, but it is not located in a 
Federal Class I area. It was established to aid in determining 
impacts to portions of the country where no Class I areas exist.
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    On August 5, 2014, MDNR submitted the five year progress report SIP 
to EPA. This progress report SIP and accompanying cover letter also 
included a determination that the state's existing regional haze SIP 
requires no substantive revision to achieve the established regional 
haze visibility improvement and emissions reduction goals for 2018. EPA 
proposed approval of Missouri's progress report SIP on the basis that 
it satisfies the requirements of 40 CFR 51.308(g) and (h).

II. Summary of SIP Revision

    On August 5, 2014, MDNR submitted a revision to Missouri's regional 
haze SIP to address progress made toward RPGs of Class I areas in the 
state and Class I areas outside the state that are affected by 
emissions from Missouri's sources. This progress report SIP also 
included a determination of the adequacy of the state's existing 
regional haze SIP. Missouri has two Class I areas within its borders, 
and maintains an additional IMPROVE monitoring site. MDNR utilized 
particulate matter source apportionment (PSAT) techniques for 
photochemical modeling conducted by the Central Regional Air Planning 
Association (CENRAP) to identify two Class I areas in nearby Arkansas 
potentially impacted by Missouri sources: Upper Buffalo Wilderness Area 
(UBWA) and Caney Creek Wilderness Area (CCWA).
    The provisions in 40 CFR 51.308(g) require a progress report SIP to 
address seven elements. In the NPR, EPA proposed to approve the SIP as 
adequately addressing each element under 40 CFR 51.308(g). The seven 
elements and EPA's proposed conclusions in the NPR are briefly 
summarized below.
    The provisions in 40 CFR 51.308(g) require progress report SIPs to 
include a description of the status of measures in the regional haze 
implementation plan; a summary of the emissions reductions achieved; an 
assessment of the visibility conditions for each Class I area in the 
state; an analysis of the changes in emissions from sources and 
activities within the state; an assessment of any significant changes 
in anthropogenic emissions within or outside the state that have 
limited or impeded visibility improvement progress in Class I areas 
impacted by the state's sources; an assessment of the sufficiency of 
the regional haze implementation plan to enable states to meet 
reasonable progress goals; and a review of the state's visibility 
monitoring strategy. As explained in detail in the NPR, EPA proposed 
Missouri's progress report SIP addressed each element and therefore 
satisfied the requirements under 40 CFR 51.308(g).
    In addition, pursuant to 40 CFR 51.308(h), states are required to 
submit, at the same time as the progress report SIP revision, a 
determination of the adequacy of their existing regional haze SIP and 
to take one of four possible actions based on information in the 
progress report. In its progress report SIP, Missouri determined that 
its regional haze SIP is sufficient to meet its obligations related to 
the reasonable progress goals for Class I areas affected by Missouri's 
sources. The State accordingly provided EPA with a negative declaration 
that further revision of the existing regional haze implementation plan 
was not needed at this time. See 40 CFR 51.308(h)(1). As explained in 
detail in the NPR, EPA proposed to determine that Missouri had 
adequately addressed 40 CFR 51.308(h) because the visibility data 
trends at the Class I areas impacted by Missouri's sources and the 
emissions trends of the largest emitters in Missouri of visibility-
impairing pollutants both indicate that the reasonable progress goals 
for 2018 for these areas will be met or exceeded. Therefore, in our 
NPR, EPA proposed to approve Missouri's progress report SIP as meeting 
the requirements of 40 CFR 51.308(g) and (h).

III. Final Action

    EPA is taking final action to approve Missouri's regional haze 
five-year progress report and SIP revision, submitted August 5, 2014, 
as meeting the applicable regional haze requirements as set forth in 40 
CFR 51.308(g) and (h).

IV. 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

[[Page 50353]]

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 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. 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, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: July 18, 2016.
Mark Hague,
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, the table in paragraph (e) is amended by adding 
the entry ``(70) State Implementation Plan (SIP) Revision for the 
Attainment and Maintenance of National Ambient Air Quality Standards 
for Regional Haze (2014 Five-Year Progress Report)'' in numerical order 
to read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (e) * * *

                               EPA-Approved Missouri Nonregulatory SIP Provisions
----------------------------------------------------------------------------------------------------------------
                                        Applicable           State
    Name of nonregulatory SIP          geographic or       submittal     EPA approval date       Explanation
            provision               nonattainment area       date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(70) State Implementation Plan     Statewide...........       8/5/14   8/1/16 [Insert        [EPA-R07-OAR-2015-0
 (SIP) Revision for the                                                 Federal Register      581; FRL-9949-68-
 Attainment and Maintenance of                                          citation].            Region 7].
 National Ambient Air Quality
 Standards for Regional Haze
 (2014 Five-Year Progress Report).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2016-17785 Filed 7-29-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                                 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.



                                         VerDate Sep<11>2014   17:30 Jul 29, 2016   Jkt 238001   PO 00000   Frm 00069   Fmt 4700   Sfmt 4700   E:\FR\FM\01AUR1.SGM   01AUR1


                                              50352              Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations

                                              Interagency Monitoring of Protected                      I area in the state; an analysis of the               EPA’s role is to approve state choices,
                                              Visual Environments (IMPROVE)                            changes in emissions from sources and                 provided that they meet the criteria of
                                              monitoring site, located at El Dorado                    activities within the state; an assessment            the CAA. Accordingly, this action
                                              Springs.2 Notification was published on                  of any significant changes in                         merely approves state law as meeting
                                              MDNR’s Air Pollution Control Program                     anthropogenic emissions within or                     Federal requirements and does not
                                              Web site on April 28, 2014. A public                     outside the state that have limited or                impose additional requirements beyond
                                              hearing was held on held at the St.                      impeded visibility improvement                        those imposed by state law. For that
                                              Louis Regional Office on Thursday, May                   progress in Class I areas impacted by the             reason, this action:
                                              29, 2014.                                                state’s sources; an assessment of the                    • Is not a significant regulatory action
                                                On August 5, 2014, MDNR submitted                      sufficiency of the regional haze                      subject to review by the Office of
                                              the five year progress report SIP to EPA.                implementation plan to enable states to               Management and Budget under
                                              This progress report SIP and                             meet reasonable progress goals; and a                 Executive Orders 12866 (58 FR 51735,
                                              accompanying cover letter also included                  review of the state’s visibility                      October 4, 1993) and 13563 (76 FR 3821,
                                              a determination that the state’s existing                monitoring strategy. As explained in                  January 21, 2011);
                                              regional haze SIP requires no                            detail in the NPR, EPA proposed                          • Does not impose an information
                                              substantive revision to achieve the                      Missouri’s progress report SIP addressed              collection burden under the provisions
                                              established regional haze visibility                     each element and therefore satisfied the              of the Paperwork Reduction Act (44
                                              improvement and emissions reduction                      requirements under 40 CFR 51.308(g).                  U.S.C. 3501 et seq.);
                                              goals for 2018. EPA proposed approval                       In addition, pursuant to 40 CFR                       • Is certified as not having a
                                              of Missouri’s progress report SIP on the                 51.308(h), states are required to submit,             significant economic impact on a
                                              basis that it satisfies the requirements of              at the same time as the progress report               substantial number of small entities
                                              40 CFR 51.308(g) and (h).                                SIP revision, a determination of the                  under the Regulatory Flexibility Act (5
                                                                                                       adequacy of their existing regional haze              U.S.C. 601 et seq.);
                                              II. Summary of SIP Revision                              SIP and to take one of four possible                     • Does not contain any unfunded
                                                 On August 5, 2014, MDNR submitted                     actions based on information in the                   mandate or significantly or uniquely
                                              a revision to Missouri’s regional haze                   progress report. In its progress report               affect small governments, as described
                                              SIP to address progress made toward                      SIP, Missouri determined that its                     in the Unfunded Mandates Reform Act
                                              RPGs of Class I areas in the state and                   regional haze SIP is sufficient to meet its           of 1995 (Pub. L. 104–4);
                                              Class I areas outside the state that are                 obligations related to the reasonable                    • Does not have Federalism
                                              affected by emissions from Missouri’s                    progress goals for Class I areas affected             implications as specified in Executive
                                              sources. This progress report SIP also                   by Missouri’s sources. The State                      Order 13132 (64 FR 43255, August 10,
                                              included a determination of the                          accordingly provided EPA with a                       1999);
                                              adequacy of the state’s existing regional                negative declaration that further                        • Is not an economically significant
                                              haze SIP. Missouri has two Class I areas                 revision of the existing regional haze                regulatory action based on health or
                                              within its borders, and maintains an                     implementation plan was not needed at                 safety risks subject to Executive Order
                                              additional IMPROVE monitoring site.                      this time. See 40 CFR 51.308(h)(1). As                13045 (62 FR 19885, April 23, 1997);
                                              MDNR utilized particulate matter source                  explained in detail in the NPR, EPA                      • Is not a significant regulatory action
                                              apportionment (PSAT) techniques for                      proposed to determine that Missouri                   subject to Executive Order 13211 (66 FR
                                              photochemical modeling conducted by                      had adequately addressed 40 CFR                       28355, May 22, 2001);
                                              the Central Regional Air Planning                        51.308(h) because the visibility data                    • Is not subject to requirements of
                                              Association (CENRAP) to identify two                     trends at the Class I areas impacted by               section 12(d) of the National
                                              Class I areas in nearby Arkansas                         Missouri’s sources and the emissions                  Technology Transfer and Advancement
                                              potentially impacted by Missouri                         trends of the largest emitters in Missouri            Act of 1995 (15 U.S.C. 272 note) because
                                              sources: Upper Buffalo Wilderness Area                   of visibility-impairing pollutants both               application of those requirements would
                                              (UBWA) and Caney Creek Wilderness                        indicate that the reasonable progress                 be inconsistent with the CAA; and
                                              Area (CCWA).                                             goals for 2018 for these areas will be met               • Does not provide EPA with the
                                                 The provisions in 40 CFR 51.308(g)                    or exceeded. Therefore, in our NPR,                   discretionary authority to address, as
                                              require a progress report SIP to address                 EPA proposed to approve Missouri’s                    appropriate, disproportionate human
                                              seven elements. In the NPR, EPA                          progress report SIP as meeting the                    health or environmental effects, using
                                              proposed to approve the SIP as                           requirements of 40 CFR 51.308(g) and                  practicable and legally permissible
                                              adequately addressing each element                       (h).                                                  methods, under Executive Order 12898
                                              under 40 CFR 51.308(g). The seven                                                                              (59 FR 7629, February 16, 1994).
                                                                                                       III. Final Action                                        The SIP is not approved to apply on
                                              elements and EPA’s proposed
                                              conclusions in the NPR are briefly                          EPA is taking final action to approve              any Indian reservation land or in any
                                              summarized below.                                        Missouri’s regional haze five-year                    other area where EPA or an Indian tribe
                                                 The provisions in 40 CFR 51.308(g)                    progress report and SIP revision,                     has demonstrated that a tribe has
                                              require progress report SIPs to include                  submitted August 5, 2014, as meeting                  jurisdiction. In those areas of Indian
                                              a description of the status of measures                  the applicable regional haze                          country, the rule does not have tribal
                                              in the regional haze implementation                      requirements as set forth in 40 CFR                   implications and will not impose
                                              plan; a summary of the emissions                         51.308(g) and (h).                                    substantial direct costs on tribal
                                              reductions achieved; an assessment of                                                                          governments or preempt tribal law as
                                                                                                       IV. Statutory and Executive Order                     specified by Executive Order 13175 (65
                                              the visibility conditions for each Class
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                                                                                                       Reviews                                               FR 67249, November 9, 2000).
                                                 2 The El Dorado Springs IMPROVE monitoring              Under the CAA, the Administrator is                    The Congressional Review Act, 5
                                              site is a Protocol monitoring site that is maintained    required to approve a SIP submission                  U.S.C. 801 et seq., as added by the Small
                                              by MDNR to also measure visibility impairment in         that complies with the provisions of the              Business Regulatory Enforcement
                                              Missouri, but it is not located in a Federal Class I
                                              area. It was established to aid in determining
                                                                                                       Act and applicable Federal regulations.               Fairness Act of 1996, generally provides
                                              impacts to portions of the country where no Class        42 U.S.C. 7410(k); 40 CFR 52.02(a).                   that before a rule may take effect, the
                                              I areas exist.                                           Thus, in reviewing SIP submissions,                   agency promulgating the rule must


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                                                                 Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations                                                  50353

                                              submit a rule report, which includes a                   extend the time within which a petition                PART 52—APPROVAL AND
                                              copy of the rule, to each House of the                   for judicial review may be filed, and                  PROMULGATION OF
                                              Congress and to the Comptroller General                  shall not postpone the effectiveness of                IMPLEMENTATION PLANS
                                              of the United States. EPA will submit a                  such rule or action. This action may not
                                              report containing this action and other                  be challenged later in proceedings to                  ■ 1. The authority citation for part 52
                                              required information to the U.S. Senate,                 enforce its requirements. (See section                 continues to read as follows:
                                              the U.S. House of Representatives, and                   307(b)(2)).
                                                                                                                                                                  Authority: 42 U.S.C. 7401 et. seq.
                                              the Comptroller General of the United                    List of Subjects in 40 CFR Part 52
                                              States prior to publication of the rule in
                                                                                                         Environmental protection, Air                        Subpart AA—Missouri
                                              the Federal Register. A major rule
                                              cannot take effect until 60 days after it                pollution control, Carbon monoxide,
                                                                                                       Incorporation by reference,                            ■ 2. In § 52.1320, the table in paragraph
                                              is published in the Federal Register.
                                                                                                       Intergovernmental relations, Lead,                     (e) is amended by adding the entry ‘‘(70)
                                              This action is not a ‘‘major rule’’ as
                                                                                                       Nitrogen dioxide, Ozone, Particulate                   State Implementation Plan (SIP)
                                              defined by 5 U.S.C. 804(2).
                                                                                                       matter, Reporting and recordkeeping                    Revision for the Attainment and
                                                 Under section 307(b)(1) of the CAA,                   requirements, Sulfur oxides, Volatile                  Maintenance of National Ambient Air
                                              petitions for judicial review of this                    organic compounds.                                     Quality Standards for Regional Haze
                                              action must be filed in the United States                                                                       (2014 Five-Year Progress Report)’’ in
                                                                                                         Dated: July 18, 2016.
                                              Court of Appeals for the appropriate
                                                                                                       Mark Hague,                                            numerical order to read as follows:
                                              circuit by September 30, 2016. Filing a
                                              petition for reconsideration by the                      Regional Administrator, Region 7.
                                                                                                                                                              § 52.1320    Identification of plan.
                                              Administrator of this final rule does not                  For the reasons stated in the                        *       *    *       *     *
                                              affect the finality of this action for the               preamble, EPA amends 40 CFR part 52
                                              purposes of judicial review nor does it                  as set forth below:                                        (e) * * *

                                                                                       EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS
                                                                                                                                             State
                                                                                                            Applicable geographic
                                                     Name of nonregulatory SIP provision                                                   submittal        EPA approval date                Explanation
                                                                                                            or nonattainment area            date


                                                        *                  *                    *                        *                               *                     *                    *
                                              (70) State Implementation Plan (SIP) Revision for Statewide ......................               8/5/14     8/1/16 [Insert Federal       [EPA–R07–OAR–2015–
                                                the Attainment and Maintenance of National                                                                  Register citation].          0581; FRL–9949–68–
                                                Ambient Air Quality Standards for Regional                                                                                               Region 7].
                                                Haze (2014 Five-Year Progress Report).



                                              [FR Doc. 2016–17785 Filed 7–29–16; 8:45 am]              program. Actions related to this direct                accompanied by a written comment.
                                              BILLING CODE 6560–50–P                                   final rulemaking are being taken in                    The written comment is considered the
                                                                                                       accordance with the Clean Air Act                      official comment and should include
                                                                                                       (CAA).                                                 discussion of all points you wish to
                                              ENVIRONMENTAL PROTECTION                                                                                        make. The EPA will generally not
                                              AGENCY                                                   DATES:  This direct final rule is effective
                                                                                                       September 30, 2016, unless EPA                         consider comments or comment
                                                                                                       receives adverse comments by August                    contents located outside of the primary
                                              40 CFR Part 52
                                                                                                       31, 2016. If adverse comments are                      submission (i.e., on the web, cloud, or
                                              [EPA–R01–OAR–2014–0291, FRL–9949–58–                     received, EPA will publish a timely                    other file sharing system). For
                                              Region 1]                                                withdrawal of the direct final rule in the             additional submission methods, please
                                                                                                       Federal Register informing the public                  contact the person identified in the FOR
                                              Air Plan Approval; Maine: Prevention                     that the rule will not take effect.                    FURTHER INFORMATION CONTACT section.
                                              of Significant Deterioration; PM2.5                                                                             For the full EPA public comment policy,
                                                                                                       ADDRESSES: Submit your comments,
                                                                                                       identified by Docket ID No. EPA–R01–                   information about CBI or multimedia
                                              AGENCY: Environmental Protection
                                              Agency.                                                  OAR–2014–0291 at http://                               submissions, and general guidance on
                                                                                                       www.regulations.gov, or via email to                   making effective comments, please visit
                                              ACTION: Direct final rule.
                                                                                                       bird.patrick@epa.gov. For comments                     http://www2.epa.gov/dockets/
                                              SUMMARY:   The Environmental Protection                  submitted at Regulations.gov, follow the               commenting-epa-dockets.
                                              Agency (EPA) is taking direct final                      online instructions for submitting                     FOR FURTHER INFORMATION CONTACT:
                                              action to fully approve revisions to the                 comments. Once submitted, comments                     Patrick Bird, U.S. Environmental
                                              State of Maine’s State Implementation                    cannot be edited or removed from                       Protection Agency, EPA New England
                                              Plan (SIP) relating to the regulation of                 Regulations.gov. For either manner of                  Regional Office, Office of Ecosystem
                                              fine particulate matter (that is, particles              submission, the EPA may publish any                    Protection, Air Permits, Toxics, and
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                                              with an aerodynamic diameter less than                   comment received to its public docket.                 Indoor Programs Unit, 5 Post Office
                                              or equal to a nominal 2.5 micrometer,                    Do not submit electronically any                       Square—Suite 100, (mail code OEP05–
                                              generally referred to as ‘‘PM2.5’’) within               information you consider to be                         2), Boston, MA 02109–3912; telephone
                                              the context of Maine’s Prevention of                     Confidential Business Information (CBI)
                                                                                                                                                              number: (617) 918–1287; email address:
                                              Significant Deterioration (PSD) program.                 or other information whose disclosure is
                                                                                                                                                              bird.patrick@epa.gov.
                                              EPA is also taking direct final action on                restricted by statute. Multimedia
                                              other minor changes to Maine’s PSD                       submissions (audio, video, etc.) must be               SUPPLEMENTARY INFORMATION:



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Document Created: 2016-07-30 06:26:09
Document Modified: 2016-07-30 06:26:09
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
ActionFinal rule.
DatesThis final rule is effective August 31, 2016.
ContactAmy Algoe-Eakin, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at 913-551-7942, or by email at algoe- [email protected]
FR Citation81 FR 50351 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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