[Federal Register Volume 77, Number 183 (Thursday, September 20, 2012)]
[Rules and Regulations]
[Pages 58309-58312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23125]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2012-0596; FRL-9731-3]
Approval and Promulgation of Implementation Plans; State of
Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve revisions to the
Missouri State Implementation Plan (SIP) submitted September 21, 2010.
This revision will amend the ambient air quality standards table to
reflect revised National Ambient Air Quality Standards (NAAQS), update
reference methods associated with the revised NAAQS, and update the
breakpoint values for the Air Quality Index. These revisions make
Missouri's rules consistent with Federal regulations and improve the
clarity of the rules. EPA's approval of this SIP revision is being done
in accordance with the requirements of the Clean Air Act (CAA).
DATES: This direct final rule will be effective November 19, 2012,
without further notice, unless EPA receives adverse comment by October
22, 2012. 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-2012-0596, by one of the following methods:
1. www.regulations.gov. Follow the on-line instructions for
submitting comments.
2. Email: [email protected]
3. Mail or Hand Delivery: Amy Bhesania, Environmental Protection
Agency, Air Planning and Development Branch, 901 North 5th Street,
Kansas City, Kansas 66101.
Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2012-0596. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov or
email information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
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encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the
www.regulations.gov index. 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, will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically in www.regulations.gov or in hard copy at the
Environmental Protection Agency, Air Planning and Development Branch,
901 North 5th Street, Kansas City, Kansas 66101. The Regional Office's
official hours of business are Monday through Friday, 8:00 to 4:30
excluding Federal holidays. The interested persons wanting to examine
these documents should make an appointment with the office at least 24
hours in advance.
FOR FURTHER INFORMATION CONTACT: Amy Bhesania at (913) 551-7147, or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA.
Outline
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 submitted to EPA on
September 21, 2010. EPA has conducted an analysis of the State's
amendments and has concluded that these revisions do not adversely
affect the stringency of the SIP. Missouri's revisions include
amendments to rules 10 CSR 10-6.010 Ambient Air Quality Standards, 10
CSR 10-6.040 Reference Methods, and 10 CSR 10-6.130 Controlling
Emissions During Episodes of High Air Pollution Potential, as detailed
in the technical support document which is part of this docket.
The revisions to 10 CSR 10-6.010 Ambient Air Quality Standards
update the standards to reflect changes promulgated by EPA through
December 21, 2008, for the National Ambient Air Quality Standards
(NAAQS) for particulate matter 10 microns or less, particulate matter
2.5 microns or less, ozone and lead. This amendment also corrects the
1971 nitrogen dioxide standard in Missouri. States are not required to
adopt ambient air quality standards, but are required to implement the
standards adopted by EPA pursuant to section 110 of the CAA. Missouri
has adopted standards which are consistent with the EPA standards, and,
therefore, this revision to update the state standards is approvable.
The revisions to 10 CSR 10-6.040 Reference Methods update the
reference methods for measuring ambient air concentrations to determine
whether areas are attaining the 2008 ozone and lead NAAQS.
Additionally, the amendment incorporates by reference all reference
methods found in 40 CFR Part 50 Appendices A-R as well as equivalent
methods found in 40 CFR Part 53 into this rule. These appendices
describe the methods for measuring ambient concentrations of various
pollutants for which NAAQS have been established, and describe how
attainment of various NAAQS is determined.
The revisions to 10 CSR 10-6.130 Controlling Emissions During
Episodes of High Air Pollution Potential update the breakpoint values
in Table A of the Air Quality Index (AQI) for eight-hour ozone. The
breakpoint values are used to determine whether contingency measures
should be implemented during periods of excessive air pollutant
concentrations.
II. Have the requirements for approval of a SIP revision been met?
The state submittal has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submittal 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 which is part of this docket, the revision meets 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 by approving
the State's request to amend 10 CSR 10-6.010 Ambient Air Quality
Standards, 10 CSR 10-6.040 Reference Methods, and 10 CSR 10-6.130
Controlling Emissions During Episodes of High Air Pollution Potential.
Approval of these revisions will ensure consistency between state and
Federally-approved rules. EPA has determined that these changes will
not relax the SIP or adversely impact air emissions.
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.
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 Order
12866 (58 FR 51735, October 4, 1993);
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).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country
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located in the state, and EPA notes that it will not impose substantial
direct costs on tribal governments or preempt tribal law.
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 November 19, 2012. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: September 11, 2012.
Karl Brooks,
Regional Administrator, Region 7.
Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:
PART 52--[AMENDED]
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 revising
entries for 10-6.010, 10-6.040, and 10-6.130 to read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Missouri Regulations
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State
Missouri citation Title effective EPA Approval date Explanation
date
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Missouri Department of Natural Resources
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* * * * * * *
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Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
Regulations for the State of Missouri
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* * * * * * *
10-6.010................... Ambient Air Quality 05/30/10 9/20/12 [insert
Standards. Federal Register page
number where the
document begins].
* * * * * * *
10-6.040................... Reference Methods..... 05/30/10 9/20/12 [insert
Federal Register page
number where the
document begins].
* * * * * * *
10-6.130................... Controlling Emissions 05/30/10 9/20/12 [insert
During Episodes of Federal Register page
High Air Pollution number where the
Potential. document begins].
* * * * * * *
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[FR Doc. 2012-23125 Filed 9-19-12; 8:45 am]
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