82 FR 15299 - Approval of Missouri's Air Quality Implementation Plans; Open Burning Requirements
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 58 (March 28, 2017)
Federal Register Volume 82, Issue 58 (March 28, 2017)
| Page Range | 15299-15301 | |
| FR Document | 2017-06009 |
[Federal Register Volume 82, Number 58 (Tuesday, March 28, 2017)] [Rules and Regulations] [Pages 15299-15301] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-06009] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2016-0470; FRL-9958-72-Region 7] Approval of Missouri's Air Quality Implementation Plans; Open Burning Requirements AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve a revision to the State Implementation Plan (SIP) for the State of Missouri related to open burning. On November 24, 2009, the Missouri Department of Natural Resources (MDNR) requested to amend the SIP to replace four area specific open burning rules into one rule that is area specific and applicable state-wide. EPA solicited comment in an earlier proposed rulemaking that published in the Federal Register on September 8, 2016, and received one comment in support of the proposed SIP revision. These revisions to Missouri's SIP do not have an adverse effect on air quality as demonstrated in the technical support document (TSD) which is a part of the proposed rulemaking docket. EPA's final approval of these SIP revisions is being done in accordance with the requirements of the Clean Air Act (CAA). DATES: This final rule is effective on April 27, 2017. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R07-OAR-2016-0470. All documents in the docket are listed on the http://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 through www.regulations.gov or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional information. FOR FURTHER INFORMATION CONTACT: Steven Brown, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at 913-551-7718, 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 final approval of a SIP revision been met? III. What action is EPA taking? IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. What is being addressed in this document? EPA is taking final action to approve the SIP revision submitted by the state of Missouri that replaces four area specific open burning rules with a rule that is applicable state-wide. On November 24, 2009, the MDNR requested to amend the SIP to rescind Missouri Open Burning Restrictions 10 CSR 10-2.100, 10 CSR 10-3.030, 10 CSR 10-4.090, and 10 CSR 10-5.070, and consolidated these four rules into a new rule 10 CSR 10-6.045. The new rule adds language that allows burning of ``trade wastes'' by permit in areas for situations where open burning is in the best interest of the general public or when it can be shown that open burning is the safest and most feasible method of disposal. The rule reserves the right for the staff director to deny, revoke or suspend an open burn permit. It changes the general provisions section by not limiting liability to an individual who is directly responsible for a violation and extends the regulatory liability to any person, such as a property owner who hires an individual to start the fire. The rule also adds the definition of ``untreated wood'' for clarification to aid in compliance purposes. On September 8, 2016, EPA proposed approval of the SIP revision in the Federal Register (81 FR 62066), the comment period closed on October 11, 2016. During this period, on October 11, 2016, EPA received one comment which is included in the docket from an unknown commenter that supports this final rule. [[Page 15300]] II. Have the requirements for final approval of a SIP revision been met? The state submission has met the public notice requirements for SIP submissions in accordance with 40 CFR 51.102. The submission also satisfied the completeness criteria of 40 CFR part 51, appendix V. In addition, as explained above and in more detail in the technical support document (TSD) which is part of the proposed rulemaking docket that published in the Federal Register on September 8, 2016, the revision meets the substantive SIP requirements of the CAA, including section 110 and implementing regulations. III. What action is EPA taking? EPA is finalizing approval of revisions to the Missouri SIP regarding an open burn regulation that replaces four area specific open burning rules. EPA has conducted a full evaluation of the regulation, which is discussed in detail in the proposed rule and the TSD, which is included in this rulemaking docket. We are processing this as a final approval action after soliciting comments on a proposed action. The public comment period on EPA's proposed rule opened on September 8, 2016, the date of its publication in the Federal Register (81 FR 62066), and closed on October 11, 2016. IV. 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 the amendments to 40 CFR part 52 as 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/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). --------------------------------------------------------------------------- \1\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- V. 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 May 30, 2017. 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: March 20, 2017. Edward H. Chu, Acting 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 (c) is amended by: [[Page 15301]] 0 a. Removing entries ``10-2.100'', ``10-3.030'', ``10-4.090'', and ``10- 5.070''. 0 b. Adding the entry ``10-6.045'' in numerical order. The addition reads 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 -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * 10-6.045.......................... Open Burning 9/30/09 3/28/17 [insert Federal Register ..................................... Requirements. citation]. ..................... * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2017-06009 Filed 3-27-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 58 / Tuesday, March 28, 2017 / Rules and Regulations 15299
Those parties clearly concluded that the § 385.4 [Amended] the Internet and will be publicly
rates and terms were acceptable to both ■ 2. Section 385.4 is amended by available only in hard copy form.
sides. The evidence 18 and arguments removing ‘‘§ 201.19(e)(7)(i)’’ and adding Publicly available docket materials are
Mr. Johnson presented are insufficient ‘‘§ 210.16(g)(1)’’ in its place. available through www.regulations.gov
for the Judges to determine that the or please contact the person identified
Dated: February 22, 2017. in the FOR FURTHER INFORMATION
agreed rates and terms are unreasonable.
Suzanne M. Barnett, CONTACT section for additional
The only objections to the agreement
by a participant were those of Mr. Chief Copyright Royalty Judge. information.
Johnson. Based on those objections, the Approved by:
FOR FURTHER INFORMATION CONTACT:
Judges cannot conclude that the Carla D. Hayden, Steven Brown, Environmental
agreement reached voluntarily between Librarian of Congress. Protection Agency, Air Planning and
the Settling Parties does not provide a [FR Doc. 2017–06065 Filed 3–27–17; 8:45 am] Development Branch, 11201 Renner
reasonable basis for setting statutory BILLING CODE 1410–72–P Boulevard, Lenexa, Kansas 66219 at
terms and rates for licensing 913–551–7718, or by email at
nondramatic musical works to brown.steven@epa.gov.
manufacture and distribute ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION:
phonorecords, including permanent AGENCY Throughout this document ‘‘we,’’ ‘‘us,’’
digital downloads and ringtones and ‘‘our’’ refer to EPA. This section
(Subpart A Configurations). Therefore, 40 CFR Part 52 provides additional information by
the Judges must adopt the proposed addressing the following:
[EPA–R07–OAR–2016–0470; FRL–9958–72–
regulations that codify the partial Region 7] I. What is being addressed in this document?
settlement. II. Have the requirements for final approval
Further, because the only participant, Approval of Missouri’s Air Quality of a SIP revision been met?
other than Mr. Johnson, offering Implementation Plans; Open Burning III. What action is EPA taking?
objection to the settlement joined in the Requirements IV. Incorporation by Reference
Second Motion to apply the rates and V. Statutory and Executive Order Reviews
terms industry-side, the Judges adopt AGENCY: Environmental Protection
the proposed rates and terms industry- Agency (EPA). I. What is being addressed in this
wide for subpart A Configurations. In ACTION: Final rule. document?
doing so, the Judges make clear that the EPA is taking final action to approve
SUMMARY: The Environmental Protection
adoption of the partial settlement the SIP revision submitted by the state
Agency (EPA) is taking final action to
should in no way suggest that they are of Missouri that replaces four area
approve a revision to the State
more or less inclined to adopt the specific open burning rules with a rule
Implementation Plan (SIP) for the State
reasoning or proposals of any of the that is applicable state-wide. On
of Missouri related to open burning. On
parties remaining in the proceeding in November 24, 2009, the MDNR
November 24, 2009, the Missouri
relation to subpart B or C requested to amend the SIP to rescind
Department of Natural Resources
configurations. Missouri Open Burning Restrictions 10
(MDNR) requested to amend the SIP to
In reviewing the regulations, the CSR 10–2.100, 10 CSR 10–3.030, 10 CSR
replace four area specific open burning
Judges discovered an outdated cross- 10–4.090, and 10 CSR 10–5.070, and
rules into one rule that is area specific
reference and are correcting it. consolidated these four rules into a new
and applicable state-wide. EPA solicited
The regulations of 37 CFR part 385, rule 10 CSR 10–6.045. The new rule
comment in an earlier proposed
subpart A, are adopted as detailed in adds language that allows burning of
rulemaking that published in the
this Final Rule. ‘‘trade wastes’’ by permit in areas for
Federal Register on September 8, 2016,
situations where open burning is in the
List of Subjects in 37 CFR Part 385 and received one comment in support of
best interest of the general public or
the proposed SIP revision. These
Copyright, Phonorecords, Recordings. when it can be shown that open burning
revisions to Missouri’s SIP do not have
is the safest and most feasible method
Final Regulation an adverse effect on air quality as
of disposal. The rule reserves the right
demonstrated in the technical support
For the reasons set forth herein, the for the staff director to deny, revoke or
document (TSD) which is a part of the
Copyright Royalty Judges amend 37 CFR suspend an open burn permit. It
proposed rulemaking docket. EPA’s
part 385 as follows: changes the general provisions section
final approval of these SIP revisions is
by not limiting liability to an individual
PART 385—RATES AND TERMS FOR being done in accordance with the
who is directly responsible for a
USE OF MUSICAL WORKS UNDER requirements of the Clean Air Act
violation and extends the regulatory
COMPULSORY LICENSE FOR MAKING (CAA).
liability to any person, such as a
AND DISTRIBUTING OF PHYSICAL DATES: This final rule is effective on property owner who hires an individual
AND DIGITAL PHONORECORDS April 27, 2017. to start the fire. The rule also adds the
ADDRESSES: EPA has established a definition of ‘‘untreated wood’’ for
■ 1. The authority citation for part 385 docket for this action under Docket ID clarification to aid in compliance
continues to read: No. EPA–R07–OAR–2016–0470. All purposes. On September 8, 2016, EPA
Authority: 17 U.S.C. 115, 801(b)(1), documents in the docket are listed on proposed approval of the SIP revision in
mstockstill on DSK3G9T082PROD with RULES
804(b)(4). the http://www.regulations.gov Web the Federal Register (81 FR 62066), the
site. Although listed in the index, some comment period closed on October 11,
18 The Judges are not ruling that any of Mr. information is not publicly available, 2016. During this period, on October 11,
Johnson’s submissions would be admissible at an i.e., CBI or other information whose 2016, EPA received one comment which
evidentiary hearing. Even taking those submissions
as admissible evidence in support of its positions,
disclosure is restricted by statute. is included in the docket from an
however, the Judges find that they would be Certain other material, such as unknown commenter that supports this
immaterial to the Judges’ rate-setting mandate. copyrighted material, is not placed on final rule.
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![Federal Register / Vol. 82, No. 58 / Tuesday, March 28, 2017 / Rules and Regulations 15301
■ a. Removing entries ‘‘10–2.100’’, ‘‘10– ■ b. Adding the entry ‘‘10–6.045’’ in § 52.1320 Identification of plan.
3.030’’, ‘‘10–4.090’’, and ‘‘10–5.070’’. numerical order. * * * * *
The addition reads as follows: (c) * * *
EPA-APPROVED MISSOURI REGULATIONS
State effective
Missouri citation Title EPA approval date Explanation
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
* * * * * * *
10–6.045 ...................................... Open Burning Requirements ....... 9/30/09 3/28/17 [insert Federal
Register citation].
.
* * * * * * *
* * * * * omitted a minor administrative phrase Dated: March 20, 2017.
[FR Doc. 2017–06009 Filed 3–27–17; 8:45 am] from rules 567–22.4, 567–22.5, and Edward H. Chu,
BILLING CODE 6560–50–P 567.22.10. This technical part 52 Acting Regional Administrator, Region 7.
revision to 567–22.5 is also being
Accordingly, 40 CFR parts 52 and 70
applied to Iowa’s 112(l) plan. is corrected by making the following
ENVIRONMENTAL PROTECTION
AGENCY This technical revision is also making technical amendments:
corrections to the Region 7 Technical
40 CFR Parts 52 and 70 Support Document (TSD) that supports PART 52—APPROVAL AND
the September 9, 2016 (81 FR 62387), PROMULGATION OF
[EPA–R07–OAR–2016–0453; FRL 9957–84– IMPLEMENTATION PLANS
direct final action. EPA inadvertently
Region 7]
omitted minor administrative phrases
and a reference from chapter 22 rule ■ 1. The authority citation for part 52
State of Iowa; Approval and continues to read as follows:
Promulgation of the Title V Operating 567–22.103. Two revisions to chapter 22
Permits Program, the State rule 567–22.105(2) are required for Authority: 42 U.S.C. 7401 et seq.
Implementation Plan, and 112(l) Plan clarification. Please see the revised TSD
Subpart Q—Iowa
included in the docket.
AGENCY: Environmental Protection
Finally, we are revising the incorrect § 52.820 [Amended]
Agency (EPA).
state effective dates codified on page ■ 2. In § 52.820, the table in
ACTION: Final rule; technical
amendments. 62398 of the September 9, 2016 (81 FR paragraph(c) is amended by removing
62387), Federal Register for parts 52 from under the column titled ‘‘State
SUMMARY: The Environmental Protection and 70. The correct state effective date effective date’’ the text ‘‘3/15/16’’ and
Agency (EPA) published in the Federal is December 16, 2015. adding the text ‘‘12/16/15’’ in its place
Register on September 9, 2016, Additional information for this for entries ‘‘567–20.1’’, ‘‘567–22.1’’,
approving revisions to the Iowa Title V technical amendment can be found in ‘‘567–22.4’’, ‘‘567–22.5’’, ‘‘567–22.8’’,
Operation Permits Program, the State the revised Technical Support ‘‘567–22.10’’ ‘‘567–31.1’’ and ‘‘567–
Implementation Plan (SIP), and the Document located in this docket. 33.1’’, respectively.
112(l) plan. This amendment makes
minor administrative revisions and List of Subjects PART 70—STATE OPERATING PERMIT
amends the state effective date. PROGRAMS
40 CFR Part 52
DATES: This final rule is effective March
■ 3. The authority citation for part 70
28, 2017. Environmental protection, continues to read as follows:
FOR FURTHER INFORMATION CONTACT: Incorporation by reference,
Heather Hamilton, Environmental Intergovernmental relations, Reporting Authority: 42 U.S.C. 7401 et seq.
Protection Agency, Air Planning and and recordkeeping requirements. ■ 4. Appendix A to part 70 is amended
Development Branch, 11201 Renner by revising paragraph (q) under the
Boulevard, Lenexa, Kansas 66219 at 40 CFR Part 70 heading ‘‘Iowa’’ to read as follows:
mstockstill on DSK3G9T082PROD with RULES
913–551–7039, or by email at Administrative practice and Appendix A to Part 70—Approval
Hamilton.heather@epa.gov. procedure, Air pollution control, Status of State and Local Operating
SUPPLEMENTARY INFORMATION: In the Intergovernmental relations, Operating Permits Program
September 9, 2016 (81 FR 62387), permits, Reporting and recordkeeping
Federal Register direct final action * * * * *
requirements.
approving revisions to part 52, chapter Iowa
22 of Iowa’s SIP, EPA inadvertently * * * * *
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Document Created: 2017-03-28 00:32:05
Document Modified: 2017-03-28 00:32:05
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on April 27, 2017. | |
| Contact | Steven Brown, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at 913-551-7718, or by email at [email protected] | |
| FR Citation | 82 FR 15299 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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