82_FR_29548 82 FR 29424 - Approval of Missouri's Air Quality Implementation Plans; Reporting Emission Data, Emission Fees and Process Information

82 FR 29424 - Approval of Missouri's Air Quality Implementation Plans; Reporting Emission Data, Emission Fees and Process Information

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 124 (June 29, 2017)

Page Range29424-29426
FR Document2017-13547

The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Operating Permits Program for the State of Missouri submitted on March 16, 2015. These revisions update the emissions fee for permitted sources as set by Missouri Statute from $40 to $48 per ton of air pollution emitted annually, effective January 1, 2016. EPA is also responding to comments received on the proposed action published in the Federal Register on January 15, 2016. In addition, EPA is making a correction to the previous direct final rule published in the Federal Register on January 15, 2016. EPA inadvertently approved and codified this action under both part 52 (Approval and Promulgation of Implementation Plans) and part 70 (State Operating Permit Programs). This final rule removes the part 52 approval and codification and makes a clarification to the part 70 approval relating to the state effective date.

Federal Register, Volume 82 Issue 124 (Thursday, June 29, 2017)
[Federal Register Volume 82, Number 124 (Thursday, June 29, 2017)]
[Rules and Regulations]
[Pages 29424-29426]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13547]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2015-0790; FRL 9964-04-Region 7]


Approval of Missouri's Air Quality Implementation Plans; 
Reporting Emission Data, Emission Fees and Process Information

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule and correcting amendment.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve revisions to the Operating Permits Program for the 
State of Missouri submitted on March 16, 2015. These revisions update 
the emissions fee for permitted sources as set by Missouri Statute from 
$40 to $48 per ton of air pollution emitted annually, effective January 
1, 2016. EPA is also responding to comments received on the proposed 
action published in the Federal Register on January 15, 2016. In 
addition, EPA is making a correction to the previous direct final rule 
published in the Federal Register on January 15, 2016. EPA 
inadvertently approved and codified this action under both part 52 
(Approval and Promulgation of Implementation Plans) and part 70 (State 
Operating Permit Programs). This final rule removes the part 52 
approval and codification and makes a clarification to the part 70 
approval relating to the state effective date.

DATES: This final rule is effective on July 31, 2017.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2015-0790. 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 electronically at 
www.regulations.gov or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional information. For 
additional information and general guidance, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Amy Algoe-Eakin, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219 at 913-551-7942, or by email at algoe-eakin.amy@epa.gov.

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

I. What is being addressed in this document?
II. EPA's Response to Comments.
III. What action is EPA taking?

I. What is being addressed in this document?

    EPA is taking final action to approve the state's Title V revision 
to 10 C.S.R. 10-6.110 ``Reporting Emission Data, Emission Fees, and 
Process Information'', submitted by the state of Missouri on March 16, 
2015. This revision updates the emissions fee for permitted sources as 
set by Missouri Statute. Specifically, section (3)(A) revises the 
emission fees section, which is approved under the Operating Permits 
Program only, and updates the emissions fee for permitted sources as 
set by Missouri Statute from $40 to $48 per ton of air pollution 
emitted annually, effective January 1, 2016.
    In addition, EPA is making a correction to the previous direct 
final rule published in the Federal Register on January 15, 2016 (81 FR 
2090). In that action, EPA inadvertently approved and codified the 
state's submission relating to Missouri rule 10 CSR 6.110(3)(a) 
pursuant to 40 CFR part 52 (Approval and Promulgation of Implementation 
Plans) and part 70 (State Operating Permit Programs). This action 
corrects the error by recodifying table (c) of Sec.  52.1320 back to 
its previously approved and codified entry (76 FR 77701, 12/14/11). EPA 
is only approving this action pursuant to 40 CFR part 70 per the 
state's submission request. Also, the January 15, 2016, direct final 
rule approved and added new paragraph (ee) to part 70 appendix A. The 
new paragraph (ee) erroneously listed the state effective date of 
November 20, 2014. The correct state effective date is March 30, 2015. 
This final action revises paragraph (ee) to read as set out in the 
regulatory text below.

II. EPA's Response to Comments

    The public comment period on EPA's proposed rule (81 FR 2159, 
January 15, 2016) opened January 15, 2016, the date of its publication 
in the Federal Register, and closed on February 16, 2016. During this 
period, EPA received one comment.
    Comment: The commenter expressed concern with the intent to 
increase fees on pollutant emissions and the subsequent use of those 
fees once collected. The commenter understood that the fees were 
collected to fund the state's regulatory activities. However, the 
commenter questioned how those funds would be used by the state and

[[Page 29425]]

expressed that the EPA ``should insure the first result of spending any 
fees be protecting human health and the environment'' and ``unless 
strict rules are imposed and regular performance audits conducted in a 
transparent and open way, higher fees would be an incentive for 
regulators to allow greater pollutant loads with the simple objective 
of collecting more fees to support their staff and to increase staff 
size.''
    EPA Response: CAA section 502(b)(3)(A) 42 U.S.C. 7661a (b)(3)(A) 
requires the permitting authority to collect a fee sufficient to cover 
all reasonable direct and indirect costs required to develop and 
administer the Title V permit program, including enforcement. The CAA 
and agency regulation 40 CFR 70.9 require permitting authorities to 
submit a fee demonstration with their Title V operating permits 
program. EPA has approved Missouri's Title V permit program fee and 
determined it meets the requirements of the CAA and EPA guidance 
regarding the fee demonstration. The fees also include costs associated 
with all aspects of the Title V permit program (reviewing applications, 
emissions, ambient monitoring, preparing regulations, modeling).

III. What action is EPA taking?

    Upon review and consideration of comments received, EPA is taking 
final action to approve the state's Title V revision to 10 C.S.R. 10-
6.110 ``Reporting Emission Data, Emission Fees, and Process 
Information'', submitted by the state of Missouri on March 16, 2015. 
Based upon review of the state's revision and relevant requirements of 
the CAA, EPA believes that this revision meets applicable requirements 
and does not adversely impact air quality in Missouri.
    EPA is also making a correction which will remove approval of the 
state's submission from 40 CFR part 52, specifically Sec.  52.1320(c), 
EPA-Approved Missouri Regulations and revert to the previously codified 
table (76 FR 77701, 12/14/11). This action also revises paragraph (ee) 
part 70, appendix A to correct the state effective date.

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, the EPA is finalizing the incorporation by reference of the 
Missouri 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 materials generally available 
through www.regulations.gov and/or at the EPA Region 7 Office (please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT. 
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 
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 (Public Law 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The action is not approved to apply on any Indian reservation land 
or in any other area where EPA or an Indian tribe has demonstrated that 
a tribe has jurisdiction. In those areas of Indian country, the rule 
does not have tribal implications and will not impose substantial 
direct costs on tribal governments or preempt tribal law as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 28, 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

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate

[[Page 29426]]

matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

40 CFR Part 70

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

    Dated: June 12, 2017.
Edward H. Chu,
Acting 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.


0
2. In Sec.  52.1320, paragraph (c) is amended by revising the entry for 
10-6.110 to read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
                                                             State
       Missouri  citation                 Title            effective      EPA approval          Explanation
                                                              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
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
10-6.110.......................  Submission of Emission       9/30/10  12/14/11, 76 FR    Section (3)(A),
                                  Data, Emission Fees,                  77701.             Emissions Fees, has
                                  and Process                                              not been approved as
                                  Information.                                             part of the SIP.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

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 revising paragraph (ee) under 
Missouri to read as follows:

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

* * * * *
Missouri
* * * * *
    (ee) The Missouri Department of Natural Resources submitted 
revisions to Missouri rule 10 CSR 10-6.110, ``Reporting Emission 
Data, Emission Fees, and Process Information'' on March 16, 2015. 
The state effective date is March 30, 2015. This revision is 
effective July 31, 2017.
* * * * *
[FR Doc. 2017-13547 Filed 6-28-17; 8:45 am]
 BILLING CODE 6560-50-P



                                             29424              Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Rules and Regulations

                                                    EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE NEW MEXICO SIP
                                                                                                                                       State
                                                         Name of SIP                            Applicable geographic or             submittal/             EPA approval date           Explanation
                                                          Provisions                              nonattainment area                  effective
                                                                                                                                        date


                                                       *                    *                      *                   *                              *                  *                 *
                                             City of Albuquerque Clarification           City of Albuquerque—Bernalillo                4/21/2016    6/29/2017, [Insert Federal Reg-
                                               Letter on Minor NSR SIP.                    County.                                                    ister citation].
                                             City of Albuquerque Clarification           City  of  Albuquerque-Bernalillo               6/5/2016    6/29/2017, [Insert Federal Reg-
                                               Letter Providing Public Notices of          County.                                                    ister citation].
                                               Minor NSR to EPA.
                                             City of Albuquerque Letter regard-          City  of      Albuquerque-Bernalillo          9/19/2016    6/29/2017, [Insert Federal Reg-
                                               ing Public Notice for Minor NSR.            County.                                                    ister citation].
                                             City of Albuquerque Minor NSR               City  of      Albuquerque-Bernalillo        12/20/2016     6/29/2017, [Insert Federal Reg-
                                               Commitment Letter.                          County.                                                    ister citation].



                                             [FR Doc. 2017–13449 Filed 6–28–17; 8:45 am]             No. EPA–R07–OAR–2015–0790. All                         emissions fee for permitted sources as
                                             BILLING CODE 6560–50–P                                  documents in the docket are listed on                  set by Missouri Statute from $40 to $48
                                                                                                     the http://www.regulations.gov Web                     per ton of air pollution emitted
                                                                                                     site. Although listed in the index, some               annually, effective January 1, 2016.
                                             ENVIRONMENTAL PROTECTION                                information is not publicly available,                    In addition, EPA is making a
                                             AGENCY                                                  i.e., CBI or other information whose                   correction to the previous direct final
                                                                                                     disclosure is restricted by statute.                   rule published in the Federal Register
                                             40 CFR Parts 52 and 70                                  Certain other material, such as                        on January 15, 2016 (81 FR 2090). In
                                             [EPA–R07–OAR–2015–0790; FRL 9964–04-                    copyrighted material, is not placed on                 that action, EPA inadvertently approved
                                             Region 7]                                               the Internet and will be publicly                      and codified the state’s submission
                                                                                                     available only in hard copy form.                      relating to Missouri rule 10 CSR
                                             Approval of Missouri’s Air Quality                      Publicly available docket materials are                6.110(3)(a) pursuant to 40 CFR part 52
                                             Implementation Plans; Reporting                         available electronically at                            (Approval and Promulgation of
                                             Emission Data, Emission Fees and                        www.regulations.gov or please contact                  Implementation Plans) and part 70
                                             Process Information                                     the person identified in the FOR FURTHER               (State Operating Permit Programs). This
                                                                                                     INFORMATION CONTACT section for
                                             AGENCY:  Environmental Protection                                                                              action corrects the error by recodifying
                                                                                                     additional information. For additional
                                             Agency (EPA).                                                                                                  table (c) of § 52.1320 back to its
                                                                                                     information and general guidance,
                                             ACTION: Final rule and correcting                                                                              previously approved and codified entry
                                                                                                     please visit http://www2.epa.gov/
                                             amendment.                                                                                                     (76 FR 77701, 12/14/11). EPA is only
                                                                                                     dockets/commenting-epa-dockets.
                                                                                                                                                            approving this action pursuant to 40
                                                                                                     FOR FURTHER INFORMATION CONTACT:                       CFR part 70 per the state’s submission
                                             SUMMARY:    The Environmental Protection
                                                                                                     Amy Algoe-Eakin, Environmental                         request. Also, the January 15, 2016,
                                             Agency (EPA) is taking final action to
                                                                                                     Protection Agency, Air Planning and                    direct final rule approved and added
                                             approve revisions to the Operating
                                                                                                     Development Branch, 11201 Renner                       new paragraph (ee) to part 70 appendix
                                             Permits Program for the State of
                                                                                                     Boulevard, Lenexa, Kansas 66219 at                     A. The new paragraph (ee) erroneously
                                             Missouri submitted on March 16, 2015.
                                                                                                     913–551–7942, or by email at algoe-                    listed the state effective date of
                                             These revisions update the emissions
                                                                                                     eakin.amy@epa.gov.                                     November 20, 2014. The correct state
                                             fee for permitted sources as set by
                                                                                                     SUPPLEMENTARY INFORMATION:                             effective date is March 30, 2015. This
                                             Missouri Statute from $40 to $48 per ton
                                             of air pollution emitted annually,                      Throughout this document ‘‘we,’’ ‘‘us,’’               final action revises paragraph (ee) to
                                             effective January 1, 2016. EPA is also                  or ‘‘our’’ refer to EPA. This section                  read as set out in the regulatory text
                                             responding to comments received on the                  provides additional information by                     below.
                                             proposed action published in the                        addressing the following:
                                                                                                     I. What is being addressed in this document?
                                                                                                                                                            II. EPA’s Response to Comments
                                             Federal Register on January 15, 2016. In
                                             addition, EPA is making a correction to                 II. EPA’s Response to Comments.                          The public comment period on EPA’s
                                             the previous direct final rule published                III. What action is EPA taking?
                                                                                                                                                            proposed rule (81 FR 2159, January 15,
                                             in the Federal Register on January 15,                  I. What is being addressed in this                     2016) opened January 15, 2016, the date
                                             2016. EPA inadvertently approved and                    document?                                              of its publication in the Federal
                                             codified this action under both part 52                    EPA is taking final action to approve               Register, and closed on February 16,
                                             (Approval and Promulgation of                           the state’s Title V revision to 10 C.S.R.              2016. During this period, EPA received
                                             Implementation Plans) and part 70                       10–6.110 ‘‘Reporting Emission Data,                    one comment.
                                             (State Operating Permit Programs). This                 Emission Fees, and Process                               Comment: The commenter expressed
                                             final rule removes the part 52 approval                 Information’’, submitted by the state of               concern with the intent to increase fees
                                             and codification and makes a                            Missouri on March 16, 2015. This                       on pollutant emissions and the
nlaroche on DSK30NT082PROD with RULES




                                             clarification to the part 70 approval                   revision updates the emissions fee for                 subsequent use of those fees once
                                             relating to the state effective date.                   permitted sources as set by Missouri                   collected. The commenter understood
                                             DATES: This final rule is effective on July             Statute. Specifically, section (3)(A)                  that the fees were collected to fund the
                                             31, 2017.                                               revises the emission fees section, which               state’s regulatory activities. However,
                                             ADDRESSES: EPA has established a                        is approved under the Operating                        the commenter questioned how those
                                             docket for this action under Docket ID                  Permits Program only, and updates the                  funds would be used by the state and


                                        VerDate Sep<11>2014   16:04 Jun 28, 2017   Jkt 241001   PO 00000   Frm 00062   Fmt 4700   Sfmt 4700   E:\FR\FM\29JNR1.SGM   29JNR1


                                                                Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Rules and Regulations                                         29425

                                             expressed that the EPA ‘‘should insure                  for inclusion in the State                                • Is not subject to requirements of
                                             the first result of spending any fees be                implementation plan, have been                         Section 12(d) of the National
                                             protecting human health and the                         incorporated by reference by EPA into                  Technology Transfer and Advancement
                                             environment’’ and ‘‘unless strict rules                 that plan, are fully Federally enforceable             Act of 1995 (15 U.S.C. 272 note) because
                                             are imposed and regular performance                     under sections 110 and 113 of the CAA                  application of those requirements would
                                             audits conducted in a transparent and                   as of the effective date of the final                  be inconsistent with the CAA; and
                                             open way, higher fees would be an                       rulemaking of EPA’s approval, and will                    • Does not provide EPA with the
                                             incentive for regulators to allow greater               be incorporated by reference by the                    discretionary authority to address, as
                                             pollutant loads with the simple                         Director of the Federal Register in the                appropriate, disproportionate human
                                             objective of collecting more fees to                    next update to the SIP compilation.1                   health or environmental effects, using
                                             support their staff and to increase staff               EPA has made, and will continue to                     practicable and legally permissible
                                             size.’’                                                 make, these materials generally                        methods, under Executive Order 12898
                                               EPA Response: CAA section                             available through www.regulations.gov                  (59 FR 7629, February 16, 1994).
                                             502(b)(3)(A) 42 U.S.C. 7661a (b)(3)(A)                  and/or at the EPA Region 7 Office                         The action is not approved to apply
                                             requires the permitting authority to                    (please contact the person identified in               on any Indian reservation land or in any
                                             collect a fee sufficient to cover all                   the FOR FURTHER INFORMATION CONTACT.                   other area where EPA or an Indian tribe
                                             reasonable direct and indirect costs                    section of this preamble for more                      has demonstrated that a tribe has
                                             required to develop and administer the                  information).                                          jurisdiction. In those areas of Indian
                                             Title V permit program, including                                                                              country, the rule does not have tribal
                                             enforcement. The CAA and agency                         V. Statutory and Executive Order                       implications and will not impose
                                             regulation 40 CFR 70.9 require                          Reviews                                                substantial direct costs on tribal
                                             permitting authorities to submit a fee                     Under the CAA, the Administrator is                 governments or preempt tribal law as
                                             demonstration with their Title V                        required to approve a submission that                  specified by Executive Order 13175 (65
                                             operating permits program. EPA has                      complies with the provisions of the Act                FR 67249, November 9, 2000).
                                             approved Missouri’s Title V permit                      and applicable Federal regulations. 42                    The Congressional Review Act, 5
                                             program fee and determined it meets the                 U.S.C. 7410(k); 40 CFR 52.02(a). Thus,                 U.S.C. 801 et seq., as added by the Small
                                             requirements of the CAA and EPA                         in reviewing SIP submissions, EPA’s                    Business Regulatory Enforcement
                                             guidance regarding the fee                              role is to approve state choices,                      Fairness Act of 1996, generally provides
                                             demonstration. The fees also include                    provided that they meet the criteria of                that before a rule may take effect, the
                                             costs associated with all aspects of the                the CAA. Accordingly, this action                      agency promulgating the rule must
                                             Title V permit program (reviewing                       merely approves state law as meeting                   submit a rule report, which includes a
                                             applications, emissions, ambient                        Federal requirements and does not                      copy of the rule, to each House of the
                                             monitoring, preparing regulations,                      impose additional requirements beyond                  Congress and to the Comptroller General
                                             modeling).                                              those imposed by state law. For that                   of the United States. EPA will submit a
                                             III. What action is EPA taking?                         reason, this action:                                   report containing this action and other
                                                                                                        • Is not a significant regulatory action            required information to the U.S. Senate,
                                                Upon review and consideration of                                                                            the U.S. House of Representatives, and
                                                                                                     subject to review by the Office of
                                             comments received, EPA is taking final                                                                         the Comptroller General of the United
                                                                                                     Management and Budget under
                                             action to approve the state’s Title V                                                                          States prior to publication of the rule in
                                                                                                     Executive Orders 12866 (58 FR 51735,
                                             revision to 10 C.S.R. 10–6.110                                                                                 the Federal Register. A major rule
                                                                                                     October 4, 1993) and 13563 (76 FR 3821,
                                             ‘‘Reporting Emission Data, Emission                                                                            cannot take effect until 60 days after it
                                                                                                     January 21, 2011);
                                             Fees, and Process Information’’,
                                                                                                        • Does not impose an information                    is published in the Federal Register.
                                             submitted by the state of Missouri on                                                                          This action is not a ‘‘major rule’’ as
                                                                                                     collection burden under the provisions
                                             March 16, 2015. Based upon review of                                                                           defined by 5 U.S.C. 804(2).
                                                                                                     of the Paperwork Reduction Act (44
                                             the state’s revision and relevant                                                                                 Under section 307(b)(1) of the CAA,
                                                                                                     U.S.C. 3501 et seq.);
                                             requirements of the CAA, EPA believes
                                                                                                        • Is certified as not having a                      petitions for judicial review of this
                                             that this revision meets applicable                                                                            action must be filed in the United States
                                                                                                     significant economic impact on a
                                             requirements and does not adversely                                                                            Court of Appeals for the appropriate
                                                                                                     substantial number of small entities
                                             impact air quality in Missouri.                                                                                circuit by August 28, 2017. Filing a
                                                EPA is also making a correction                      under the Regulatory Flexibility Act (5
                                                                                                     U.S.C. 601 et seq.);                                   petition for reconsideration by the
                                             which will remove approval of the
                                             state’s submission from 40 CFR part 52,                    • Does not contain any unfunded                     Administrator of this final rule does not
                                                                                                     mandate or significantly or uniquely                   affect the finality of this action for the
                                             specifically § 52.1320(c), EPA-Approved                                                                        purposes of judicial review nor does it
                                             Missouri Regulations and revert to the                  affect small governments, as described
                                                                                                     in the Unfunded Mandates Reform Act                    extend the time within which a petition
                                             previously codified table (76 FR 77701,                                                                        for judicial review may be filed, and
                                             12/14/11). This action also revises                     of 1995 (Public Law 104–4);
                                             paragraph (ee) part 70, appendix A to                      • Does not have Federalism                          shall not postpone the effectiveness of
                                                                                                     implications as specified in Executive                 such rule or action. This action may not
                                             correct the state effective date.                                                                              be challenged later in proceedings to
                                                                                                     Order 13132 (64 FR 43255, August 10,
                                             IV. Incorporation by Reference                          1999);                                                 enforce its requirements. (See section
                                               In this rule, EPA is finalizing                          • Is not an economically significant                307(b)(2).)
                                             regulatory text that includes                           regulatory action based on health or                   List of Subjects
                                             incorporation by reference. In                          safety risks subject to Executive Order
nlaroche on DSK30NT082PROD with RULES




                                             accordance with requirements of 1 CFR                   13045 (62 FR 19885, April 23, 1997);                   40 CFR Part 52
                                             51.5, the EPA is finalizing the                            • Is not a significant regulatory action              Environmental protection, Air
                                             incorporation by reference of the                       subject to Executive Order 13211 (66 FR                pollution control, Carbon monoxide,
                                             Missouri amendments to 40 CFR part 52                   28355, May 22, 2001);                                  Incorporation by reference,
                                             set forth below. Therefore, these                                                                              Intergovernmental relations, Lead,
                                             materials have been approved by EPA                       1 62   FR 27968 (May 22, 1997).                      Nitrogen dioxide, Ozone, Particulate


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                                             29426                 Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Rules and Regulations

                                             matter, Reporting and recordkeeping                             Dated: June 12, 2017.                                          Authority: 42 U.S.C. 7401 et seq.
                                             requirements, Sulfur oxides, Volatile                         Edward H. Chu,
                                                                                                                                                                        ■ 2. In § 52.1320, paragraph (c) is
                                             organic compounds.                                            Acting Regional Administrator, Region 7.
                                                                                                             For the reasons stated in the                              amended by revising the entry for 10–
                                             40 CFR Part 70                                                preamble, EPA amends 40 CFR parts 52                         6.110 to read as follows:
                                               Environmental protection,                                   and 70 as set forth below:                                   § 52.1320    Identification of plan.
                                             Administrative practice and procedure,                                                                                     *       *    *       *       *
                                                                                                           PART 52—APPROVAL AND
                                             Air pollution control, Intergovernmental                      PROMULGATION OF                                                  (c) * * *
                                             relations, Operating permits, Reporting                       IMPLEMENTATION PLANS
                                             and recordkeeping requirements.
                                                                                                           ■ 1. The authority citation for part 52
                                                                                                           continues to read as follows:

                                                                                                           EPA-APPROVED MISSOURI REGULATIONS
                                                                                                                                     State
                                                     Missouri                                                                                              EPA approval
                                                                                                   Title                            effective                                                    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


                                                     *                          *                   *                                     *                      *                       *                   *
                                             10–6.110 ..................   Submission of Emission Data, Emission                          9/30/10     12/14/11, 76 FR           Section (3)(A), Emissions Fees, has not
                                                                             Fees, and Process Information.                                             77701.                    been approved as part of the SIP.

                                                         *                        *                            *                          *                       *                      *                      *



                                             *       *       *       *      *                              ENVIRONMENTAL PROTECTION                                     second 10-year maintenance plan for the
                                                                                                           AGENCY                                                       1978 Pb NAAQS submitted September
                                             PART 70—STATE OPERATING PERMIT                                                                                             15, 2009.
                                             PROGRAMS                                                      40 CFR Parts 52 and 81
                                                                                                                                                                        DATES:  This rule is effective on
                                                                                                           [EPA–R06–OAR–2009–0750; 9963–47–                             September 27, 2017 without further
                                             ■ 3. The authority citation for part 70                       Region 6]                                                    notice, unless the EPA receives relevant
                                             continues to read as follows:                                                                                              adverse comment by July 31, 2017. If the
                                                 Authority: 42 U.S.C. 7401, et seq.                        Approval and Promulgation of Air                             EPA receives such comment, the EPA
                                                                                                           Quality Implementation Plans; Texas;                         will publish a timely withdrawal in the
                                             ■ 4. Appendix A to part 70 is amended                         Redesignation of the Collin County                           Federal Register informing the public
                                             by revising paragraph (ee) under                              Area to Attainment the 2008 Lead                             that this rule will not take effect.
                                             Missouri to read as follows:                                  Standard
                                                                                                                                                                        ADDRESSES:   Submit your comments,
                                             Appendix A to Part 70—Approval                                AGENCY: Environmental Protection                             identified by Docket ID No. EPA–R06–
                                             Status of State and Local Operating                           Agency (EPA).                                                OAR–2009–0750, at http://
                                             Permits Programs                                              ACTION: Direct final rule.                                   www.regulations.gov or via email to
                                                                                                                                                                        todd.robert@epa.gov. Follow the online
                                             *       *       *       *      *                              SUMMARY:   Pursuant to the Federal Clean                     instructions for submitting comments.
                                             Missouri                                                      Air Act (CAA or the Act), the                                Once submitted, comments cannot be
                                             *       *       *       *      *                              Environmental Protection Agency (EPA)                        edited or removed from Regulations.gov.
                                                (ee) The Missouri Department of Natural                    is taking direct final action to determine                   The EPA may publish any comment
                                             Resources submitted revisions to Missouri                     the Collin County Lead (Pb) National                         received to its public docket. Do not
                                             rule 10 CSR 10–6.110, ‘‘Reporting Emission                    Ambient Air Quality Standard (NAAQS)                         submit electronically any information
                                             Data, Emission Fees, and Process                              Nonattainment Area (NAA) has attained                        you consider to be Confidential
                                             Information’’ on March 16, 2015. The state                    the 2008 Pb NAAQS and to approve a                           Business Information (CBI) or other
                                             effective date is March 30, 2015. This                        redesignation request for the area. In                       information whose disclosure is
                                             revision is effective July 31, 2017.                          directly approving the redesignation                         restricted by statute. Multimedia
                                             *       *       *       *      *                              request, EPA is also taking direct final                     submissions (audio, video, etc.) must be
                                                                                                           action to approve as revisions to the                        accompanied by a written comment.
nlaroche on DSK30NT082PROD with RULES




                                             [FR Doc. 2017–13547 Filed 6–28–17; 8:45 am]
                                             BILLING CODE 6560–50–P                                        Texas State Implementation Plan (SIP) a                      The written comment is considered the
                                                                                                           maintenance plan for the 2008 Pb                             official comment and should include
                                                                                                           NAAQS in the NAA submitted                                   discussion of all points you wish to
                                                                                                           November 2, 2016, an attainment                              make. The EPA will generally not
                                                                                                           demonstration for the 2008 Pb NAAQS                          consider comments or comment
                                                                                                           submitted October 10, 2012, and a                            contents located outside of the primary


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Document Created: 2018-11-14 10:17:13
Document Modified: 2018-11-14 10:17:13
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule and correcting amendment.
DatesThis final rule is effective on July 31, 2017.
ContactAmy Algoe-Eakin, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at 913-551-7942, or by email at algoe- [email protected]
FR Citation82 FR 29424 
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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