[Federal Register Volume 78, Number 181 (Wednesday, September 18, 2013)]
[Rules and Regulations]
[Pages 57267-57270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22619]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2013-0511; FRL-9901-01-Region 7]
Approval and Promulgation of Implementation Plans; State of
Missouri; Conformity of General Federal Actions to State Implementation
Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve the State
Implementation Plan (SIP) submitted by the state of Missouri on August
12, 2011. This revision will update the state general conformity rule
in its entirety to bring in into compliance with the Federal general
conformity rule which was updated in the Federal Register on April 5,
2010. General conformity regulations prohibit Federal agencies from
taking actions that may cause or contribute to violations of the
National Ambient Air Quality Standards (NAAQS). This rule applies to
non-
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attainment and maintenance areas of the state. The revision to
Missouri's rule does not have an adverse affect on air quality. 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 18, 2013,
without further notice, unless EPA receives adverse comment by October
18, 2013. 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-2013-0511, 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, 11201 Renner Boulevard,
Lenexa, Kansas 66219.
Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2013-0511. 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, 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 legal 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. This section provides additional information by
addressing the following:
I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is EPA taking?
I. What is being addressed in this document?
EPA is approving the revision to the Missouri SIP submitted to EPA
on August 12, 2011. Missouri's revision amends rule 10 CSR 10-6.300
Conformity of General Federal Actions to State Implementation Plans,
which updates the state general conformity This revision will update
the state general conformity rule in its entirety to bring it into
compliance with the amended Federal general conformity rule. 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 or
adversely impact air quality.
II. Have the requirements for 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, 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 revision to the Missouri SIP by approving the
State's request to amend 10 CSR 10-6.300 Conformity of General Federal
Actions to State Implementation Plans. Conformity of General Federal
Actions prohibits Federal agencies from taking actions that may cause
or contribute to violations of the National Ambient Air Quality
Standards (NAAQS). This amendment improves the process entities use to
demonstrate their actions will not contribute to a NAAQS violation,
provides tools to encourage better communication and air quality
planning between the state and Federal agencies, and encourages both
Federal agencies and states to take early action to ensure projects
will conform to SIPs. This rule applies to non-attainment and
maintenance areas of the state. There are two revisions in the state
rule that differ from the Federal rule. In 10 CSR 10-6.300 (3)(F)1.A.
``Procedures for Conformity Determinations of General Federal
Actions,'' the state has added that planning assumptions must be
derived from estimates of current, as well as, future population. The
second revision that differs from the Federal rule is in 10 CSR 10-
6.300 (3)(G)1, ``Mitigation of Air Quality Impacts.'' Language has been
added that includes the identification and quantification of all
emission reductions claimed for measures intended to mitigate air
quality. In the same paragraph, language has been added that the
process for implementation of these measures should include any
necessary funding and tracking of emissions reductions. EPA has
determined that these changes will not relax the SIP or adversely
impact air quality.
We are processing this action as a direct final action because the
revisions do not adversely impact air quality, and 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
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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 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 18, 2013. 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, Incorporation by
reference, Intergovernmental relations, Ozone, Particulate matter,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: August 16, 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
0
2. In Sec. 52.1320 the table in paragraph (c) is amended by revising
the entry for 10-6.300 to read as follows:
Sec. 52.1320 Identification of plan.
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(c) * * *
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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10-6.300......................... Conformity of 07/31/11 09/18/13 [Insert 10-6.300(3)(F)1.A
General Federal Federal Register and 10-
Actions to State page number where 6.300(3)(G)1
Implementation the document includes language
Plans. begins]. that differs from
the Federal rule.
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[FR Doc. 2013-22619 Filed 9-17-13; 8:45 am]
BILLING CODE 6560-50-P