81_FR_68106 81 FR 67915 - Approval of Missouri's Air Quality Implementation Plans and Operating Permits Program; Greenhouse Gas Tailoring Rule and Non-Substantive Definition and Language Changes

81 FR 67915 - Approval of Missouri's Air Quality Implementation Plans and Operating Permits Program; Greenhouse Gas Tailoring Rule and Non-Substantive Definition and Language Changes

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 191 (October 3, 2016)

Page Range67915-67917
FR Document2016-23599

Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Missouri State Implementation Plan (SIP) and the 40 CFR part 70 operating permits program. EPA is approving revisions to two Missouri rule(s) entitled, ``Construction Permits Required,'' and ``Operating Permits.'' This approval action is consistent with the July 12, 2013, U.S. Court of Appeals for the District of Columbia and the June 23, 2014, U.S. Supreme Court actions regarding Greenhouse Gas Prevention of Significant Deterioration and Title V Permitting. This action makes non-substantive changes to definitions, and language clarifications.

Federal Register, Volume 81 Issue 191 (Monday, October 3, 2016)
[Federal Register Volume 81, Number 191 (Monday, October 3, 2016)]
[Rules and Regulations]
[Pages 67915-67917]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23599]


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

40 CFR Parts 52 and 70

[EPA-R07-OAR-2016-0529; FRL-9953-34-Region 7]


Approval of Missouri's Air Quality Implementation Plans and 
Operating Permits Program; Greenhouse Gas Tailoring Rule and Non-
Substantive Definition and Language Changes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: Environmental Protection Agency (EPA) is taking direct final 
action to approve revisions to the Missouri State Implementation Plan 
(SIP) and the 40 CFR part 70 operating permits program. EPA is 
approving revisions to two Missouri rule(s) entitled, ``Construction 
Permits Required,'' and ``Operating Permits.'' This approval action is 
consistent with the July 12, 2013, U.S. Court of Appeals for the 
District of Columbia and the June 23, 2014, U.S. Supreme Court actions 
regarding Greenhouse Gas Prevention of Significant Deterioration and 
Title V Permitting. This action makes non-substantive changes to 
definitions, and language clarifications.

DATES: This direct final rule will be effective December 2, 2016, 
without further notice, unless EPA receives adverse comment by November 
2, 2016. If EPA receives adverse comment, we will publish a timely 
withdrawal of the direct final rule in the Federal Register informing 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2016-0529, to http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Larry Gonzalez at (913) 551-7041, or 
by email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to EPA. This section provides additional information by 
addressing the following:

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is EPA taking?

I. What is being addressed in this document?

    EPA is approving revisions to the Missouri SIP and Operating 
Permits Program requested from four separate requests. In the first 
request dated August 8, 2011, the State of Missouri asked that EPA 
amend the SIP and the state's operating permits program to include rule 
revisions that incorporate Federal permitting requirements for 
greenhouse gas emissions under state rule 10 CSR 10-6.065.
    In the second request, also dated August 8, 2011, the State of 
Missouri asked that EPA amend the SIP to incorporate Federal permitting 
requirements to address new construction projects that emit 100,000 
tons per year or more of greenhouse gases, as well as clarifying some 
rule text.
    In the third request dated August 31, 2012, the State of Missouri 
asked that EPA amend the SIP to include recently promulgated revisions 
to the state rule 10 CSR 10-6.065 in order to defer for a period of 
three years the application of Title V permitting to carbon dioxide 
emissions from biogenic sources. In addition to the biogenic deferral 
language, Missouri included non-substantive edits and minor 
administrative rule revisions in this submission. For example, Missouri 
relabeled 10 CSR 10-6.065(3)(A)5 to 10 CSR 10-6.065(3)(B), and reworded 
the following in that same subsection ``40 CFR part 63, subpart EEE'' 
to ``40 CFR 63, subpart EEE.''
    On July 14, 2016, the State of Missouri modified the 2011 and 2012 
requests in a letter to EPA. The letter addresses the court directed 
revisions to EPA's GHG permitting provisions. Specifically, in the July 
14, 2016, letter, Missouri identified regulatory language of the 
earlier submittals that it was withdrawing its request to EPA to 
approve into the SIP and notified EPA that the state will update its 
rules in the future to remove those provisions. The State explained 
that these changes to their earlier submittals are a result of court 
decisions by the Supreme Court (Utility Air Regulatory Group v. EPA, 
June 23, 2014) and the U.S. Court of Appeals for the District of 
Columbia (Coalition for Responsible Regulation, Inc. et al. v. EPA, 
April 10, 2015), in which the courts vacated certain permitting 
requirements that were included in Missouri's August 8, 2011, 
submission. In the July 2016 submittal, the state clarified this 
earlier request to EPA as follows:
    (1) Missouri requested that in 10 CSR 10-6.060(8)(A), not include 
as part of the Missouri SIP the phrase ``including the revision 
published at 75 FR 31606-07 (effective August 2, 2010).'' Instead 
subsection (8)(A) will read ``. . . promulgated as of July 1, 2009 are 
hereby incorporated . . .''
    (2) Missouri requested that in 10 CSR 10-6.6065(2)(A)2., not 
include the words ``Except that:'' and do not include the subparagraphs 
(2)(A)2.A. and (2)(A)2.B. as part of the Missouri SIP.
    In addition, Missouri requested that EPA only include into the 
Missouri SIP the non-substantive wording clarifications submitted on 
August 31, 2012, without the biogenic deferral

[[Page 67916]]

wording revisions because the biogenic deferrals had expired.
    These requested and remaining revisions to Missouri's earlier 
submittals are consistent with the changes in Federal permitting 
requirements that were necessitated by the two earlier mentioned court 
decisions. These changes will make Missouri's GHG permitting 
requirements included in the SIP consistent with current Federal 
requirements.

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

    The state submissions have met the public notice requirements of 
SIP submissions in accordance with 40 CFR 51.102. The submissions also 
satisfy the completeness criteria of 40 CFR part appendix V. In 
addition, the revisions meet the substantive SIP requirements of the 
CAA, including section 110 and implementing regulations.

III. What action is EPA taking?

    EPA is approving the request to amend the Missouri SIP and 
operating permits program by approving the State's request to amend 10 
CSR 10-6.060, and 10 CSR 10-6.065 to align the State's rule with EPA's 
GHG Tailoring rule, streamline the public notice procedures to align 
them with similar procedures in the EPA rules, and allows the 
flexibility to publish notices on the internet.
    We are processing this action as a direct final action because the 
revisions make routine changes to the existing rules which are 
noncontroversial. Therefore, we do not anticipate any adverse comments. 
Please note that if EPA receives adverse comment on part of this rule 
and if that part can be severed from the remainder of the rule, EPA may 
adopt as final those parts of the rule that are not the subject of an 
adverse comment.

Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the Missouri 
Regulations described in the direct final amendments to 40 CFR part 52 
set forth below. Therefore, these materials have been approved by EPA 
for inclusion in the State implementation plan, have been incorporated 
by reference by EPA into that plan, are fully Federally enforceable 
under sections 110 and 113 of the CAA as of the effective date of the 
final rulemaking of EPA's approval, and will be incorporated by 
reference by the Director of the Federal Register in the next update to 
the SIP compilation.\1\ EPA has made, and will continue to make, these 
documents generally available electronically through 
www.regulations.gov and at the appropriate EPA office (see the 
ADDRESSES section of this preamble for more information).
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications and will not impose substantial direct 
costs on tribal governments or preempt tribal law as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 2, 2016. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

40 CFR Part 70

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Operating permits, 
Reporting and recordkeeping requirements.


[[Page 67917]]


    Dated: September 21, 2016.
Mark Hague,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amends 40 CFR parts 52 
and 70 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart AA--Missouri

0
2. Section 52.1320(c) is amended by revising entries 10 CSR 10-6.060 
and 10 CSR 10-6.065 under subheading ``Chapter 6'' to read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
                                                        State
    Missouri citation               Title          effective date    EPA  approval  date        Explanation
----------------------------------------------------------------------------------------------------------------
                                    Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------
10-6.060.................  Construction Permits          08/30/11  10/3/16 [Insert         Provisions of the
                            Required.                               Federal Register        2010 PM2.5 PSD--
                                                                    citation].              Increments, SILs and
                                                                                            SMCs rule (75 FR
                                                                                            64865, October 20,
                                                                                            2010) relating to
                                                                                            SILs and SMCs that
                                                                                            were affected by the
                                                                                            January 22, 2013
                                                                                            U.S. Court of
                                                                                            Appeals decision are
                                                                                            not SIP approved.
                                                   ..............                          Provisions of the
                                                                                            2002 NSR reform rule
                                                                                            relating to the
                                                                                            Clean Unit
                                                                                            Exemption, Pollution
                                                                                            Control Projects,
                                                                                            and exemption from
                                                                                            recordkeeping
                                                                                            provisions for
                                                                                            certain sources
                                                                                            using the actual-to-
                                                                                            projected-actual
                                                                                            emissions
                                                                                            projections test are
                                                                                            not SIP approved.
                                                   ..............                          In addition, we have
                                                                                            not approved
                                                                                            Missouri's rule
                                                                                            incorporating EPA's
                                                                                            2007 revision of the
                                                                                            definition of
                                                                                            ``chemical
                                                                                            processing plants''
                                                                                            (the ``Ethanol
                                                                                            Rule,'' 72 FR 24060
                                                                                            (May 1, 2007) or
                                                                                            EPA's 2008
                                                                                            ``fugitive emissions
                                                                                            rule,'' 73 FR 77882
                                                                                            (December 19, 2008).
                                                   ..............                          Although exemptions
                                                                                            previously listed in
                                                                                            10 CSR 10-6.060 have
                                                                                            been transferred to
                                                                                            10 CSR 10-6.061, the
                                                                                            Federally-approved
                                                                                            SIP continues to
                                                                                            include the
                                                                                            following exemption,
                                                                                            ``Livestock and
                                                                                            livestock handling
                                                                                            systems from which
                                                                                            the only potential
                                                                                            contaminant is
                                                                                            odorous gas.''
                                                   ..............                          Section 9, pertaining
                                                                                            to hazardous air
                                                                                            pollutants, is not
                                                                                            SIP approved.
                                                   ..............                          EPA is not approving
                                                                                            in subsection (8)(A)
                                                                                            the phrase
                                                                                            ``including the
                                                                                            revision published
                                                                                            at 75 FR 31606-07
                                                                                            (effective August 2,
                                                                                            2010).''
 
                                                  * * * * * * *
10-6.065.................  Operating Permits.....        08/30/11  10/3/16 [Insert         EPA has not approved
                                                                    Federal Register        Section (4) as part
                                                                    citation].              of the SIP.
                                                                                           EPA is not approving
                                                                                            in paragraph (2)(A)2
                                                                                            the words, ``except
                                                                                            that'' and is not
                                                                                            approving
                                                                                            subparagraphs
                                                                                            (2)(A)2.A. and
                                                                                            (2)(A)2.B.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 70--STATE OPERATING PERMIT PROGRAMS

0
3. The authority citation for part 70 continues to read as follows:

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


0
4. Appendix A to part 70 is amended by adding paragraph (ff) under 
Missouri to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs

* * * * *

Missouri

* * * * *
    (ff) The Missouri Department of Natural Resources submitted 
revisions to CSR on April 28, 2011. We are approving this rule 
except for Section (4) which relates to the State Basic Operating 
permits, and we are not approving in paragraph (2)(A)2 the words, 
``except that'' and are not approving subparagraphs (2) (A)2.A. and 
(2)(A)2.B. This approval is effective December 2, 2016.
* * * * *

[FR Doc. 2016-23599 Filed 9-30-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                               Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Rules and Regulations                                          67915

                                               (2) This safety zone is closed to all                 DATES:  This direct final rule will be                incorporate Federal permitting
                                             vessel traffic, except as may be                        effective December 2, 2016, without                   requirements to address new
                                             permitted by the Captain of the Port                    further notice, unless EPA receives                   construction projects that emit 100,000
                                             Duluth or his designated on-scene                       adverse comment by November 2, 2016.                  tons per year or more of greenhouse
                                             representative.                                         If EPA receives adverse comment, we                   gases, as well as clarifying some rule
                                               (3) The ‘‘on-scene representative’’ of                will publish a timely withdrawal of the               text.
                                             the Captain of the Port is any Coast                    direct final rule in the Federal Register               In the third request dated August 31,
                                             Guard commissioned, warrant, or petty                   informing the public that the rule will               2012, the State of Missouri asked that
                                             officer who has been designated by the                  not take effect.                                      EPA amend the SIP to include recently
                                             Captain of the Port to act on his behalf.               ADDRESSES: Submit your comments,                      promulgated revisions to the state rule
                                             The on-scene representative of the                      identified by Docket ID No. EPA–R07–                  10 CSR 10–6.065 in order to defer for a
                                             Captain of the Port will be aboard either               OAR–2016–0529, to http://                             period of three years the application of
                                             a Coast Guard or Coast Guard Auxiliary                  www.regulations.gov. Follow the online                Title V permitting to carbon dioxide
                                             vessel. The Captain of the Port or his                  instructions for submitting comments.                 emissions from biogenic sources. In
                                             designated on-scene representative may                  Once submitted, comments cannot be                    addition to the biogenic deferral
                                             be contacted via VHF Channel 16.                        edited or removed from Regulations.gov.               language, Missouri included non-
                                               (4) Vessel operators desiring to enter                EPA may publish any comment received                  substantive edits and minor
                                             or operate within the safety zone shall                 to its public docket. Do not submit                   administrative rule revisions in this
                                             contact the Captain of the Port Duluth                                                                        submission. For example, Missouri
                                                                                                     electronically any information you
                                             or his on-scene representative to obtain                                                                      relabeled 10 CSR 10–6.065(3)(A)5 to 10
                                                                                                     consider to be Confidential Business
                                             permission to do so. Vessel operators                                                                         CSR 10–6.065(3)(B), and reworded the
                                                                                                     Information (CBI) or other information
                                             given permission to enter or operate in                                                                       following in that same subsection ‘‘40
                                                                                                     whose disclosure is restricted by statute.
                                             the safety zone must comply with all                                                                          CFR part 63, subpart EEE’’ to ‘‘40 CFR
                                                                                                     Multimedia submissions (audio, video,
                                             directions given to them by the Captain                                                                       63, subpart EEE.’’
                                                                                                     etc.) must be accompanied by a written
                                             of the Port Duluth or his on-scene
                                                                                                     comment. The written comment is                         On July 14, 2016, the State of
                                             representative.
                                                                                                     considered the official comment and                   Missouri modified the 2011 and 2012
                                               Dated: September 27, 2016.                            should include discussion of all points               requests in a letter to EPA. The letter
                                             E.E. Williams,                                          you wish to make. EPA will generally                  addresses the court directed revisions to
                                             Commander, U.S. Coast Guard, Captain of                 not consider comments or comment                      EPA’s GHG permitting provisions.
                                             the Port Duluth.                                        contents located outside of the primary               Specifically, in the July 14, 2016, letter,
                                             [FR Doc. 2016–23712 Filed 9–30–16; 8:45 am]             submission (i.e., on the web, cloud, or               Missouri identified regulatory language
                                             BILLING CODE 9110–04–P                                  other file sharing system). For                       of the earlier submittals that it was
                                                                                                     additional submission methods, the full               withdrawing its request to EPA to
                                                                                                     EPA public comment policy,                            approve into the SIP and notified EPA
                                             ENVIRONMENTAL PROTECTION                                information about CBI or multimedia                   that the state will update its rules in the
                                             AGENCY                                                  submissions, and general guidance on                  future to remove those provisions. The
                                                                                                     making effective comments, please visit               State explained that these changes to
                                             40 CFR Parts 52 and 70                                  http://www2.epa.gov/dockets/                          their earlier submittals are a result of
                                             [EPA–R07–OAR–2016–0529; FRL–9953–34–                    commenting-epa-dockets.                               court decisions by the Supreme Court
                                             Region 7]                                               FOR FURTHER INFORMATION CONTACT:                      (Utility Air Regulatory Group v. EPA,
                                                                                                     Larry Gonzalez at (913) 551–7041, or by               June 23, 2014) and the U.S. Court of
                                             Approval of Missouri’s Air Quality                      email at gonzalez.larry@epa.gov.                      Appeals for the District of Columbia
                                             Implementation Plans and Operating                      SUPPLEMENTARY INFORMATION:                            (Coalition for Responsible Regulation,
                                             Permits Program; Greenhouse Gas                         Throughout this document ‘‘we,’’ ‘‘us,’’              Inc. et al. v. EPA, April 10, 2015), in
                                             Tailoring Rule and Non-Substantive                      and ‘‘our’’ refer to EPA. This section                which the courts vacated certain
                                             Definition and Language Changes                         provides additional information by                    permitting requirements that were
                                                                                                     addressing the following:                             included in Missouri’s August 8, 2011,
                                             AGENCY: Environmental Protection
                                                                                                                                                           submission. In the July 2016 submittal,
                                             Agency (EPA).                                           I. What is being addressed in this document?          the state clarified this earlier request to
                                             ACTION: Direct final rule.                              II. Have the requirements for approval of a
                                                                                                          SIP revision been met?
                                                                                                                                                           EPA as follows:
                                             SUMMARY:    Environmental Protection                    III. What action is EPA taking?                         (1) Missouri requested that in 10 CSR
                                             Agency (EPA) is taking direct final                                                                           10–6.060(8)(A), not include as part of
                                             action to approve revisions to the                      I. What is being addressed in this                    the Missouri SIP the phrase ‘‘including
                                             Missouri State Implementation Plan                      document?                                             the revision published at 75 FR 31606–
                                             (SIP) and the 40 CFR part 70 operating                     EPA is approving revisions to the                  07 (effective August 2, 2010).’’ Instead
                                             permits program. EPA is approving                       Missouri SIP and Operating Permits                    subsection (8)(A) will read ‘‘. . .
                                             revisions to two Missouri rule(s)                       Program requested from four separate                  promulgated as of July 1, 2009 are
                                             entitled, ‘‘Construction Permits                        requests. In the first request dated                  hereby incorporated . . .’’
                                             Required,’’ and ‘‘Operating Permits.’’                  August 8, 2011, the State of Missouri                   (2) Missouri requested that in 10 CSR
                                             This approval action is consistent with                 asked that EPA amend the SIP and the                  10–6.6065(2)(A)2., not include the
                                             the July 12, 2013, U.S. Court of Appeals                state’s operating permits program to                  words ‘‘Except that:’’ and do not include
                                             for the District of Columbia and the June                                                                     the subparagraphs (2)(A)2.A. and
rmajette on DSK2TPTVN1PROD with RULES




                                                                                                     include rule revisions that incorporate
                                             23, 2014, U.S. Supreme Court actions                    Federal permitting requirements for                   (2)(A)2.B. as part of the Missouri SIP.
                                             regarding Greenhouse Gas Prevention of                  greenhouse gas emissions under state                    In addition, Missouri requested that
                                             Significant Deterioration and Title V                   rule 10 CSR 10–6.065.                                 EPA only include into the Missouri SIP
                                             Permitting. This action makes non-                         In the second request, also dated                  the non-substantive wording
                                             substantive changes to definitions, and                 August 8, 2011, the State of Missouri                 clarifications submitted on August 31,
                                             language clarifications.                                asked that EPA amend the SIP to                       2012, without the biogenic deferral


                                        VerDate Sep<11>2014   14:33 Sep 30, 2016   Jkt 241001   PO 00000   Frm 00015   Fmt 4700   Sfmt 4700   E:\FR\FM\03OCR1.SGM   03OCR1


                                             67916             Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Rules and Regulations

                                             wording revisions because the biogenic                  next update to the SIP compilation.1                   methods, under Executive Order 12898
                                             deferrals had expired.                                  EPA has made, and will continue to                     (59 FR 7629, February 16, 1994).
                                               These requested and remaining                         make, these documents generally                           The SIP is not approved to apply on
                                             revisions to Missouri’s earlier submittals              available electronically through                       any Indian reservation land or in any
                                             are consistent with the changes in                      www.regulations.gov and at the                         other area where EPA or an Indian tribe
                                             Federal permitting requirements that                    appropriate EPA office (see the                        has demonstrated that a tribe has
                                             were necessitated by the two earlier                    ADDRESSES section of this preamble for                 jurisdiction. In those areas of Indian
                                             mentioned court decisions. These                        more information).                                     country, the rule does not have tribal
                                             changes will make Missouri’s GHG                                                                               implications and will not impose
                                             permitting requirements included in the                 Statutory and Executive Order Reviews
                                                                                                                                                            substantial direct costs on tribal
                                             SIP consistent with current Federal                        Under the CAA, the Administrator is                 governments or preempt tribal law as
                                             requirements.                                           required to approve a SIP submission                   specified by Executive Order 13175 (65
                                             II. Have the requirements for approval                  that complies with the provisions of the               FR 67249, November 9, 2000).
                                             of a SIP revision been met?                             Act and applicable Federal regulations.                   The Congressional Review Act, 5
                                                                                                     42 U.S.C. 7410(k); 40 CFR 52.02(a).                    U.S.C. 801 et seq., as added by the Small
                                                The state submissions have met the                   Thus, in reviewing SIP submissions,
                                             public notice requirements of SIP                                                                              Business Regulatory Enforcement
                                                                                                     EPA’s role is to approve state choices,                Fairness Act of 1996, generally provides
                                             submissions in accordance with 40 CFR                   provided that they meet the criteria of
                                             51.102. The submissions also satisfy the                                                                       that before a rule may take effect, the
                                                                                                     the CAA. Accordingly, this action                      agency promulgating the rule must
                                             completeness criteria of 40 CFR part                    merely approves state law as meeting
                                             appendix V. In addition, the revisions                                                                         submit a rule report, which includes a
                                                                                                     Federal requirements and does not                      copy of the rule, to each House of the
                                             meet the substantive SIP requirements                   impose additional requirements beyond
                                             of the CAA, including section 110 and                                                                          Congress and to the Comptroller General
                                                                                                     those imposed by state law. For that                   of the United States. EPA will submit a
                                             implementing regulations.                               reason, this action:                                   report containing this action and other
                                             III. What action is EPA taking?                            • Is not a significant regulatory action            required information to the U.S. Senate,
                                                                                                     subject to review by the Office of                     the U.S. House of Representatives, and
                                                EPA is approving the request to
                                                                                                     Management and Budget under                            the Comptroller General of the United
                                             amend the Missouri SIP and operating
                                                                                                     Executive Orders 12866 (58 FR 51735,                   States prior to publication of the rule in
                                             permits program by approving the
                                                                                                     October 4, 1993) and 13563 (76 FR 3821,                the Federal Register. A major rule
                                             State’s request to amend 10 CSR 10–
                                                                                                     January 21, 2011);                                     cannot take effect until 60 days after it
                                             6.060, and 10 CSR 10–6.065 to align the
                                                                                                        • Does not impose an information                    is published in the Federal Register.
                                             State’s rule with EPA’s GHG Tailoring
                                                                                                     collection burden under the provisions                 This action is not a ‘‘major rule’’ as
                                             rule, streamline the public notice
                                                                                                     of the Paperwork Reduction Act (44                     defined by 5 U.S.C. 804(2).
                                             procedures to align them with similar
                                                                                                     U.S.C. 3501 et seq.);
                                             procedures in the EPA rules, and allows                                                                           Under section 307(b)(1) of the CAA,
                                                                                                        • Is certified as not having a
                                             the flexibility to publish notices on the                                                                      petitions for judicial review of this
                                                                                                     significant economic impact on a
                                             internet.                                                                                                      action must be filed in the United States
                                                We are processing this action as a                   substantial number of small entities
                                                                                                     under the Regulatory Flexibility Act (5                Court of Appeals for the appropriate
                                             direct final action because the revisions                                                                      circuit by December 2, 2016. Filing a
                                             make routine changes to the existing                    U.S.C. 601 et seq.);
                                                                                                                                                            petition for reconsideration by the
                                             rules which are noncontroversial.                          • Does not contain any unfunded
                                                                                                                                                            Administrator of this final rule does not
                                             Therefore, we do not anticipate any                     mandate or significantly or uniquely
                                                                                                                                                            affect the finality of this action for the
                                             adverse comments. Please note that if                   affect small governments, as described
                                                                                                                                                            purposes of judicial review nor does it
                                             EPA receives adverse comment on part                    in the Unfunded Mandates Reform Act
                                                                                                                                                            extend the time within which a petition
                                             of this rule and if that part can be                    of 1995 (Pub. L. 104–4);
                                                                                                                                                            for judicial review may be filed, and
                                             severed from the remainder of the rule,                    • Does not have Federalism
                                                                                                                                                            shall not postpone the effectiveness of
                                             EPA may adopt as final those parts of                   implications as specified in Executive
                                                                                                                                                            such rule or action. This action may not
                                             the rule that are not the subject of an                 Order 13132 (64 FR 43255, August 10,
                                                                                                                                                            be challenged later in proceedings to
                                             adverse comment.                                        1999);
                                                                                                                                                            enforce its requirements. (See section
                                                                                                        • Is not an economically significant
                                             Incorporation by Reference                                                                                     307(b)(2).)
                                                                                                     regulatory action based on health or
                                                In this rule, EPA is finalizing                      safety risks subject to Executive Order                List of Subjects
                                             regulatory text that includes                           13045 (62 FR 19885, April 23, 1997);
                                                                                                                                                            40 CFR Part 52
                                             incorporation by reference. In                             • Is not a significant regulatory action
                                             accordance with requirements of 1 CFR                   subject to Executive Order 13211 (66 FR                  Environmental protection, Air
                                             51.5, EPA is finalizing the incorporation               28355, May 22, 2001);                                  pollution control, Carbon monoxide,
                                             by reference of the Missouri Regulations                   • Is not subject to requirements of                 Incorporation by reference,
                                             described in the direct final                           Section 12(d) of the National                          Intergovernmental relations, Lead,
                                             amendments to 40 CFR part 52 set forth                  Technology Transfer and Advancement                    Nitrogen dioxide, Ozone, Particulate
                                             below. Therefore, these materials have                  Act of 1995 (15 U.S.C. 272 note) because               matter, Reporting and recordkeeping
                                             been approved by EPA for inclusion in                   application of those requirements would                requirements, Sulfur oxides, Volatile
                                             the State implementation plan, have                     be inconsistent with the CAA; and                      organic compounds.
                                             been incorporated by reference by EPA                      • Does not provide EPA with the
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                                                                                                                                                            40 CFR Part 70
                                             into that plan, are fully Federally                     discretionary authority to address, as
                                             enforceable under sections 110 and 113                  appropriate, disproportionate human                      Environmental protection,
                                             of the CAA as of the effective date of the              health or environmental effects, using                 Administrative practice and procedure,
                                             final rulemaking of EPA’s approval, and                 practicable and legally permissible                    Air pollution control, Intergovernmental
                                             will be incorporated by reference by the                                                                       relations, Operating permits, Reporting
                                             Director of the Federal Register in the                   1 62   FR 27968 (May 22, 1997).                      and recordkeeping requirements.


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                                                                  Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Rules and Regulations                                                          67917

                                               Dated: September 21, 2016.                                  PART 52—APPROVAL AND                                    Subpart AA—Missouri
                                             Mark Hague,                                                   PROMULGATION OF
                                             Regional Administrator, Region 7.                             IMPLEMENTATION PLANS                                    ■  2. Section 52.1320(c) is amended by
                                                                                                                                                                   revising entries 10 CSR 10–6.060 and 10
                                               For the reasons stated in the                               ■ 1. The authority citation for part 52                 CSR 10–6.065 under subheading
                                             preamble, EPA amends 40 CFR parts 52                          continues to read as follows:                           ‘‘Chapter 6’’ to read as follows:
                                             and 70 as set forth below:
                                                                                                               Authority: 42 U.S.C. 7401 et seq.                   § 52.1320       Identification of plan.
                                                                                                                                                                   *       *    *            *   *
                                                                                                                                                                       (c) * * *

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

                                                                                                            Missouri Department of Natural Resources


                                                         *                           *                         *                      *                       *                          *                   *

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

                                             10–6.060 ........     Construction Permits                  08/30/11       10/3/16 [Insert Fed-      Provisions of the 2010 PM2.5 PSD—Increments, SILs and
                                                                    Required.                                             eral Register cita-       SMCs rule (75 FR 64865, October 20, 2010) relating to SILs
                                                                                                                          tion].                    and SMCs that were affected by the January 22, 2013 U.S.
                                                                                                                                                    Court of Appeals decision are not SIP approved.
                                                                                                                                                  Provisions of the 2002 NSR reform rule relating to the Clean
                                                                                                                                                    Unit Exemption, Pollution Control Projects, and exemption
                                                                                                                                                    from recordkeeping provisions for certain sources using the
                                                                                                                                                    actual-to-projected-actual emissions projections test are not
                                                                                                                                                    SIP approved.
                                                                                                                                                  In addition, we have not approved Missouri’s rule incorporating
                                                                                                                                                    EPA’s 2007 revision of the definition of ‘‘chemical processing
                                                                                                                                                    plants’’ (the ‘‘Ethanol Rule,’’ 72 FR 24060 (May 1, 2007) or
                                                                                                                                                    EPA’s 2008 ‘‘fugitive emissions rule,’’ 73 FR 77882 (Decem-
                                                                                                                                                    ber 19, 2008).
                                                                                                                                                  Although exemptions previously listed in 10 CSR 10–6.060
                                                                                                                                                    have been transferred to 10 CSR 10–6.061, the Federally-
                                                                                                                                                    approved SIP continues to include the following exemption,
                                                                                                                                                    ‘‘Livestock and livestock handling systems from which the
                                                                                                                                                    only potential contaminant is odorous gas.’’
                                                                                                                                                  Section 9, pertaining to hazardous air pollutants, is not SIP ap-
                                                                                                                                                    proved.
                                                                                                                                                  EPA is not approving in subsection (8)(A) the phrase ‘‘including
                                                                                                                                                    the revision published at 75 FR 31606–07 (effective August
                                                                                                                                                    2, 2010).’’

                                                     *                         *                             *                        *                     *                   *                     *
                                             10–6.065 ........     Operating Permits ...                 08/30/11       10/3/16 [Insert Fed-      EPA has not approved Section (4) as part of the SIP.
                                                                                                                          eral Register cita-     EPA is not approving in paragraph (2)(A)2 the words, ‘‘except
                                                                                                                          tion].                   that’’ and is not approving subparagraphs (2)(A)2.A. and
                                                                                                                                                   (2)(A)2.B.

                                                         *                           *                         *                      *                       *                          *                   *



                                             *       *       *       *      *                              Appendix A to Part 70—Approval                          subparagraphs (2) (A)2.A. and (2)(A)2.B. This
                                                                                                           Status of State and Local Operating                     approval is effective December 2, 2016.
                                             PART 70—STATE OPERATING PERMIT                                Permits Programs                                        *        *       *        *   *
                                             PROGRAMS                                                                                                              [FR Doc. 2016–23599 Filed 9–30–16; 8:45 am]
                                                                                                           *        *      *      *       *
                                                                                                                                                                   BILLING CODE 6560–50–P
                                             ■ 3. The authority citation for part 70                       Missouri
                                             continues to read as follows:
                                                                                                           *        *      *      *       *
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                                                 Authority: 42 U.S.C. 7401, et seq.                           (ff) The Missouri Department of Natural
                                                                                                           Resources submitted revisions to CSR on
                                             ■ 4. Appendix A to part 70 is amended                         April 28, 2011. We are approving this rule
                                             by adding paragraph (ff) under Missouri                       except for Section (4) which relates to the
                                             to read as follows:                                           State Basic Operating permits, and we are not
                                                                                                           approving in paragraph (2)(A)2 the words,
                                                                                                           ‘‘except that’’ and are not approving



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Document Created: 2018-02-13 14:11:35
Document Modified: 2018-02-13 14:11:35
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis direct final rule will be effective December 2, 2016, without further notice, unless EPA receives adverse comment by November 2, 2016. If EPA receives adverse comment, we will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.
ContactLarry Gonzalez at (913) 551-7041, or by email at go[email protected]
FR Citation81 FR 67915 
CFR Citation40 CFR 52
40 CFR 70
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; Volatile Organic Compounds; Administrative Practice and Procedure and Operating Permits

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