[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: bhesania.amy@epa.gov.
    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 
bhesania.amy@epa.gov.

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

[[Page 65347]]

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

[[Page 65348]]

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

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 10-6.130 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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