[Federal Register Volume 79, Number 213 (Tuesday, November 4, 2014)]
[Rules and Regulations]
[Pages 65346-65348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26080]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2014-0602; FRL-9918-74-Region-7]
Approval and Promulgation of Implementation Plans; State of
Missouri, Controlling Emissions During Episodes of High Air Pollution
Potential
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve a revision submitted by the State of Missouri
and received by EPA on December 17, 2013, pertaining to Missouri's rule
``Controlling Emissions During Episodes of High Air Pollution
Potential.'' This rule specifies conditions that establish air
pollution alerts and emergency alert levels, and associated procedures
and emission reduction objectives statewide. This action revises the
SIP by amending an existing table in the rule, clarifying requirements
of the rule related to emission reduction plans and other rule
provisions, and makes administrative and format changes all consistent
with Federal regulations.
DATES: This direct final rule will be effective January 5, 2015,
without further notice, unless EPA receives adverse comment by December
4, 2014. 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-2014-0602, 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-
2014-0602. 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, 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 taking direct final action to approve a revision to the
Missouri SIP received by EPA on December 17, 2013, pertaining to
Missouri rule 10 CSR 10-6.130, ``Controlling Emissions During Episodes
of High Air Pollution Potential.'' This rule specifies conditions that
establish air pollution alerts and emergency alert levels, and
associated procedures and emission reduction objectives statewide. This
action revises the SIP by amending an existing table in the rule,
clarifying requirements of the rule related to emission reduction plans
and other rule provisions, and makes administrative and format changes
all consistent with Federal regulations.
Specifically, in subsection (1)(A), the rule is being revised to
clarify the applicability of the rule to all sources and premises
through the entire state with air emissions that contribute to sulfur
dioxide (SO2), carbon monoxide (CO), ozone (O3),
nitrogen dioxide (NO2) or Particulate Matter--10 Micron
(PM10) and 2.5 Micron (PM2.5). This
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clarification is consistent with federal regulations regarding
prevention of air pollution emergency episodes found in 40 CFR part 51,
subpart H.
In addition, specific terms in this rule that were previously
defined in section (2) of this rule have now been removed and placed in
Missouri rule 10 CSR 10-6.020, ``Definitions and Common Reference
Tables.''
In section (3) of the rule, table A is being amended to remove the
specific breakpoint values for each relevant pollutant but retains the
Air Quality Index (AQI) range values and categories for each pollutant.
Because the AQI breakpoint values are updated each time a National
Ambient Air Quality Standard (NAAQS) is revised, removing these values
from the table eliminates unnecessary updates to this table. The AQI
breakpoint values are established when EPA takes final action to revise
a NAAQS and are codified in 50 CFR part 58, appendix G. Therefore there
is no need for the rule to also contain these breakpoint values. This
revision to the rule does not alter any provisions or applicability of
the rule.
The conditions that are listed for alert level categories are being
moved from a narrative outline format into a table format in subsection
(3)(B), table B, to provide more clarity regarding the specific
applicable conditions. The requirement for an air stagnation advisory
to be in effect in order to trigger an alert has been removed from all
alert level categories thus, the conditions that are required to
establish an alert are more easily triggered.
The procedures established for addressing alert level conditions
are being moved from a narrative outline into a table format in
subsection (3)(C), table C, to provide clarity on applicable
procedures. The alert level procedures associated with an orange alert
which are currently listed in the rule have been removed. These orange
alert procedures were inadvertently retained when the state revised
their rule in 2002 to be consistent with revised Federal regulations by
updating the formally called Pollution Standards Index (PSI) to the AQI
standards and procedures as codified in 40 CFR part 58, appendix G. EPA
took action to approve Missouri's SIP revision on March 18, 2003 (68 FR
12829). Establishing orange alert procedures are not a Federal
requirement. This action amends the SIP to correct this error. This
action does not alter the stringency of the rule.
Additional clarity is being added to section (4) of the rule
addressing reporting and recordkeeping requirements. The alert plan
requirements that are outlined in section (3) of the rule are being
moved to a table format, tables D, E, and F. These tables retain the
same objectives as previously contained in the rule, only modified in
format and moved to section (4) of the rule with the exception of one
red alert procedure. The red alert procedure which previously outlined
provisions for the director to request all entertainment functions and
facilities be closed has been removed from the rule. This procedure is
not a requirement of Federal regulations for red alert procedures, and
therefore remains consistent with Federal requirements. This procedure
remains applicable for maroon level procedures.
II. Have the requirements for approval of a SIP revision been met?
EPA is taking direct final action to approve Missouri's request to
amend the SIP. These modifications will not adversely affect air
quality and will not relax the SIP.
The state submittal has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. On June 17, 2013,
Missouri published the proposed revisions to the rules in the Missouri
Register. After considering public comments, the Missouri Air
Conservation Commission (MACC) adopted the rule actions on August 29,
2013. Public comments were printed in the Missouri Register along with
a re-print of the rule on November 1, 2013. The effective date was
December 30, 2013.
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 taking direct final action to approve this SIP revision. We
are publishing this rule without a prior proposed rule because we view
this as a noncontroversial action and anticipate no adverse comment.
However, in the ``Proposed Rules'' section of this Federal Register, we
are publishing a separate document that will serve as the proposed rule
to approve this 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 will address all public
comments in any subsequent final rule based on the proposed rule.
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'' under the terms
of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).
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 January 5, 2015. 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 this 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, Volatile organic compounds.
Dated: October 21, 2014.
Becky Weber,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 52 as set forth below:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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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 10-6.130 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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10-6.130....................... Controlling 12/30/2013 11/4/14, [Insert
Emissions During Federal Register
Episodes of High citation].
Air Pollution
Potential.
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[FR Doc. 2014-26080 Filed 11-3-14; 8:45 am]
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