[Federal Register Volume 78, Number 232 (Tuesday, December 3, 2013)]
[Proposed Rules]
[Pages 72608-72609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28947]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2013-0698; FRL-9903-73-Region 7]
Approval and Promulgation of Implementation Plans; State of
Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve a revision to the State
Implementation Plan (SIP) submitted by the State of Missouri which
revises the written reporting requirements for maintenance, start-up,
or shutdown activities; updates the information a source operator must
provide to the department when a notice of excess emissions is
received; and corrects references in the reporting and record keeping
section.
DATES: Comments must be received on or before January 2, 2014.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2013-0698, 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 or Courier: 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-
2013-0698. 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 information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. 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 electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., 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.
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. EPA requests that you contact the person listed
in the FOR FURTHER INFORMATION CONTACT section to schedule your
inspection. 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, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219 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 proposing to approve revisions to the Missouri SIP submitted
to EPA on July 8, 2010 which amend 10 CSR 10-6.050 Start-up, Shutdown,
and Malfunction Conditions. Specifically, Missouri amended subsection
3(B) to remove the option for verbal notification and therefore only
written notification is allowed for any maintenance, start-up, or
shutdown activity which is expected to cause an excess release of
emissions that exceeds one hour. This change makes the written
notification requirements consistent for subsections 3(B) which covers
maintenance, start-up and shutdown, and 3(A) which covers malfunctions.
Subparagrah 3(B)3 was removed because the requirement was only
applicable to malfunctions which is addressed in subsection 3(A).
The remaining revisions to the rule are administrative changes
which revise the rule to be consistent with the state's standard rule
format or make other minor clarifying changes. Subparagraphs 3(B)3
through 3(B)9 were renumbered to adjust for the removal of item 3(B)3.
Subparagraph 3(C)2 includes minor administrative changes to meet the
state's standard rule format. Subparagraph 3(C)2A and 3(C)2B were
removed because they were redundant and replaced with references to the
appropriate applicable subsections of the rule. Subsection 4(B) was
revised to be consistent with the state's standard rule format.
In a separate action on February 22, 2013, EPA has proposed to
address a petition by Sierra Club related to SSM provisions, including
10 CSR 10-6.050(3)(C) (78 FR 12459). In this separate action, EPA
proposed to deny the petitioner's request that EPA take action under
Clean Air Act (CAA) section 110 (k)(5) or (6) to direct the
[[Page 72609]]
state to revise this provision. The revisions proposed in today's
action do not address the sections of the regulation challenged by the
Sierra Club in its petition. The revisions proposed in today's action
clarify and strengthen the Missouri SIP. By removing the option for
oral notification in 10 CSR 10-6.050(3)(B), and requiring written
notification, the Missouri SIP is more stringent. The revision in 10
CSR 10-6.050(3)(C)2. A. clarifies the notification requirements for
malfunctions by referring to section 10 CSR 10-6.050(3)(A). The
revision in 10 CSR 10-6.050 (3)(C)2.B. clarifies the general
notification requirements for maintenance, startup, or shutdown
activities by referring to the general notification requirements set
forth in 10 CSR 10-6.050(3)(B).
The revisions proposed in today's action are consistent with CAA
requirements for SIP provisions and do not violate the anti-backsliding
provisions in section 110(l) or section 193 of the CAA because they are
SIP strengthening and do not interfere with any applicable requirements
concerning attainment or reasonable further progress nor do they affect
control measures in effect prior to the 1990 CAA Amendments related to
nonattainment areas. Further, these proposed revisions are consistent
with the action proposed by EPA on February 22, 2013 as mentioned above
(78 FR 12459).
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, as explained above, the revision meets the substantive SIP
requirements of the CAA, including section 110 and implementing
regulations.
III. What action is EPA taking?
EPA is proposing to approve the request to amend the Missouri SIP
by approving the state's request to amend 10 CSR 10-6.050 Start-Up,
Shutdown, and Malfunction to update written reporting requirements,
correct references, and other minor clarifying changes. 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 as a proposed action because we are
soliciting comments on this proposed action. Final rulemaking will
occur after consideration of any comments.
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
proposed 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 proposed 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 (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).
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.
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, Volatile organic compounds.
Dated: November 20, 2013.
Karl Brooks,
Regional Administrator, Region 7.
[FR Doc. 2013-28947 Filed 12-2-13; 8:45 am]
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