[Federal Register Volume 78, Number 226 (Friday, November 22, 2013)]
[Rules and Regulations]
[Pages 69995-69997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28002]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2013-0585; FRL-9903-14-Region 7]
Approval and Promulgation of Implementation Plans; State of
Missouri; Restriction of Emission of Sulfur Compounds and Emissions
Banking and Trading
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving two revisions to the State Implementation
Plan (SIP) for Missouri that were submitted on September 5, 2012. The
revision to the Missouri rule ``Restriction of Emission of Sulfur
Compounds'' removes redundant sulfur dioxide standards and outdated
compliance dates. Due to these revisions, several within-rule
references are amended. Revisions to the Missouri rule ``Emissions
Banking and Trading'' removes all definitions, as they are now included
in the general definitions rule. The reference to the state's Ambient
Air Quality Standards rule that is included in the definition of
National Ambient Air Quality Standards is also removed. The revisions
to Missouri's rules do 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 January 21, 2014,
without further notice, unless EPA receives adverse comment by December
23, 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-2013-0585, 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-
2013-0585. EPA's policy is that all comments received will be included
in the public docket without change and may be
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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 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. 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 two revisions to the Missouri SIP submitted to EPA
on September 5, 2012. The revision to Missouri rule 10 CSR 10-6.260,
``Restriction of Emission of Sulfur Compounds'' removes redundant
sulfur dioxide standards and outdated compliance dates. Due to these
revisions, several within-rule references are amended. Revisions to
Missouri rule 10 CSR 10-6.410, ``Emissions Banking and Trading''
removes all definitions, as they are now included in the general
definitions rule. The reference to the State's Ambient Air Quality
Standards rule that was included in the definition of National Ambient
Air Quality Standards is also removed.
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 emissions.
II. Have the requirements for approval of a SIP revision been met?
The state submission has met the public notice requirements of 40
CFR 51.102 for SIP submissions. 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 two revisions to the Missouri SIP. The first
revision will amend 10 CSR 10-6.260 ``Restriction of Emission of Sulfur
Compounds,'' and will remove redundant sulfur dioxide standards and
outdated compliance dates. The state is removing the reference to 10
CSR 10-6.010, which refers to the Ambient Air Quality Standards. The
section is redundant in that sources have to comply with this
requirement through other SIP approved permitting programs and rules,
and it is burdensome and costly to update this reference each time the
rule is revised. Several within-rule references are amended to
accommodate the revisions.
The second revision amends 10 CSR 10-6.410 ``Emissions Banking and
Trading'' by removing definitions, as they are now included in the
general definitions rule. In addition to removing the definition of
National Ambient Air Quality Standards, a reference to the State's
Ambient Air Quality Standards rule will also be removed.
EPA has determined that these changes will not relax the SIP or
adversely impact air emissions. For more information about these
changes, see the Technical Support Document which is available in the
public docket for this rulemaking.
We are processing this action as a direct final action because the
revisions do not adversely impact air emissions, 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 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
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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 January 21, 2014. 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, Sulfur dioxide, Reporting and recordingkeeping requirements.
Dated: November 8, 2013.
Karl Brooks,
Regional Administrator, Region 7.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart AA--Missouri
0
2. In Sec. 52.1320 the table in paragraph (c) is amended by revising
the entries for 10-6.260 and 10-6.410 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 EPA approval date Explanation
date
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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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* * * * * * *
10-6.260................ Restriction of Emission 09/30/12 11/22/13 [insert Section (3)(A)(1-4)
of Sulfur Compounds. Federal Register page approved pursuant to
number where the 111d only.
document begins].
10-6.410................ Emissions Banking and 09/30/12 11/22/13 [insert .......................
Trading. Federal Register page
number where the
document begins].
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[FR Doc. 2013-28002 Filed 11-21-13; 8:45 am]
BILLING CODE 6560-50-P