[Federal Register Volume 78, Number 63 (Tuesday, April 2, 2013)]
[Rules and Regulations]
[Pages 19602-19605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07405]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R07-OAR-2012-0749; FRL-9795-2]
Approval and Promulgation of Implementation Plans and Operating
Permits Program; 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 a revision to the
State Implementation Plan (SIP) and Operating Permits Program to amend
the definitions provisions of the rules. This SIP revision and revision
to the Missouri operating permits program add the compounds propylene
carbonate and dimethyl carbonate to the list of compounds which are
excluded from the definition of Volatile Organic Compound (VOC) for
consistency with the Federal definition of VOC. The SIP revision also
corrects two asbestos method subpart references. This revision also
approves Missouri's request to amend the SIP to meet the 2008 fine
particulate matter (PM2.5) National Ambient Air
Quality Standards implementation requirements of the May 16, 2008, New
Source Review (NSR) PM2.5 Rule. In this SIP revision,
Missouri adopted rule revisions to establish the requirement for NSR
permits to address directly emitted PM2.5 and precursor
pollutants; and significant emission rates for direct PM2.5
and precursor pollutants (sulfur dioxide (SO2) and nitrogen
dioxide (NOX)).
[[Page 19603]]
DATES: This direct final rule will be effective June 3, 2013, without
further notice, unless EPA receives adverse comment by May 2, 2013. If
adverse comment is received, EPA 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-2012-0749, 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: Craig Bernstein, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219.
Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2012-0749. 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
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, is not placed on the Internet and 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, 11201 Renner Boulevard, Lenexa, Kansas 66219. 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: Craig Bernstein at (913) 551-7688, or
by email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA. This section provides additional information by
addressing the following questions:
I. Why is EPA using a direct final rule?
II. What is being addressed in this document?
III. Have the requirements for approval of a SIP revision and a part
70 revision been met?
IV. What action is EPA taking?
I. Why is EPA using a direct final rule?
EPA is publishing this rule without a prior proposed rule because
we view this as a noncontroversial action and anticipate no adverse
comment because the revisions are largely administrative and consistent
with Federal regulations. The revisions will improve the clarity of the
rule and do not have an adverse affect on air quality or the stringency
of the SIP and operating permits program. However, in the ``Proposed
Rules'' section of today's Federal Register, we are publishing a
separate document that will serve as the proposed rule to approve the
SIP revision if adverse comments are received on this direct final
rule. We will not institute a second comment period on this action. Any
parties interested in commenting must do so at this time. For further
information about commenting on this rule, see the ADDRESSES section of
this document.
If EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that this
direct final rule will not take effect. We would address all public
comments in any subsequent final rule based on the proposed rule.
II. What is being addressed in this document?
EPA is approving revisions to the Missouri SIP and operating
permits program. The first revision adds the compounds propylene
carbonate and dimethyl carbonate to the list of compounds which are
excluded from the definition of Volatile Organic Compound (VOC) in 10
CSR 10-6.020(v). This action is consistent with the EPA definition of
VOC. These compounds can be found in the EPA definition of VOC at 40
CFR 52.100 (s)(1).
Revisions were made to the Table of compounds not considered VOCs
because of their known lack of participation in the atmospheric
reactions to produce ozone. Revisions include deletions, corrections
and additions which are consistent with EPA regulations and do not
adversely affect the stringency of the SIP or the operating permits
program.
Next, definitions in 40 CSR 10-6.020(c) for Category I nonfriable
asbestos containing material (ACM), and Category II nonfriable ACM are
being updated to correct the method subpart reference. The correct
method subpart references are consistent with the EPA rules found at 40
CFR part 763, subpart E, appendix E, section 1. The state has
incorporated the EPA method subpart references in 10 CSR 10-6.020
Definitions and Common Reference Tables (2)(C)3 and (2)(C)4 dated
November 30, 2010. Although asbestos is not regulated under the SIP,
the EPA asbestos regulations (NESHAPS) are applicable requirements for
purposes of Missouri's operating permit program and are approved for
this purpose.
Finally, the de minimis emissions table is being updated for
consistency with 40 CFR 52.21, specifically related to a portion of the
NSR implementation rule for PM2.5 (75 FR 28321, May 16,
2008) which established the requirement for NSR permits to address
directly emitted PM2.5 and precursor pollutants and
promulgated significant emissions rates for direct PM2.5 and
precursor pollutants (SO2 and NOX). This revision
can be found in Table 1, subsection (3)(A) of 10 CSR 10-6.020
Definitions and Common Reference Tables. The revised Missouri rule
includes the following emission rates: PM2.5 at an emission
rate of 10.0 tons per year; SO2 (PM2.5 precursor)
at an emission rate of 40.0 tons per year; and
NOX(PM2.5 precursor) at an emission rate of 40.0
tons per year.
[[Page 19604]]
III. Have the requirements for approval of a SIP revision and a part 70
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. The
substantive requirements of Title V of the 1990 CAA Amendments and 40
CFR part 70 have been met as well.
IV. What action is EPA taking?
We are taking direct final action to approve the amendments to the
Missouri SIP and operating permits program. This revision will amend
the definitions provisions of the rules as described above for VOCs and
asbestos, as well as update the de minimis emissions table found in
Missouri's rule ``Definitions and Common Reference Tables'' to be
consistent with 40 CFR part 52.21.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review under Executive Orders 12866 and 13563 (76 FR 3821,
January 21, 2011). This action is also not subject to Executive Order
13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
action merely approves state law as meeting Federal requirements and
imposes no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). Thus Executive Order 13132 does not apply
to this action. This action merely approves a state rule implementing a
Federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the CAA. This
rule also is not subject to Executive Order 13045, ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997) because it approves a state rule implementing a
Federal standard.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a state submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA when it reviews a state
submission, to use VCS in place of a state submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This action does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Burden is defined at 5
CFR 1320.3(b).
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 rule 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 June 3, 2013. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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 final rulemaking.
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, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
40 CFR Part 70
Administrative practice and procedure, Air pollution control,
Intergovernmental relations, Operating permits, Reporting and
recordkeeping requirements.
Dated: March 20, 2013.
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
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2. In Sec. 52.1320 the table in paragraph (c) is amended by revising
the entry for 10-6.020 as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
[[Page 19605]]
EPA-Approved Missouri Regulations
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State
Missouri citation Title effective date EPA approval date Explanation
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Missouri Department of Natural Resources
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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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* * * * * * *
10-6.020......................... Definitions and 12/30/10 4/2/13 [insert
Common Reference Federal Register
Tables. page number where
the document
begins].
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PART 70--[AMENDED]
0
3. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
4. Appendix A to part 70 is amended by adding paragraph (aa) under
Missouri to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Missouri
* * * * *
(aa) The Missouri Department of Natural Resources submitted
revisions to Missouri rule 10 CSR 10-6.020, ``Definitions and Common
Reference Tables'' on December 15, 2010. The state effective date is
December 30, 2010. This revision is effective June 3, 2013.
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[FR Doc. 2013-07405 Filed 4-1-13; 8:45 am]
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