21146 Federal Register / Vol. 79, No. 72 / Tuesday, April 15, 2014 / Rules and Regulations 

• 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 Clean Air Act; 

• 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); and 

• 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. 

Authority: 42 U.S.C. 7401 et seq. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Hydrocarbons, 

Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: April 1, 2014. 

Samuel Coleman, 

Acting Regional Administrator, Region 6. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart SS—Texas 

■ 2. In Section 52.2270, the second table 

in paragraph (e) entitled ‘‘EPAApproved Nonregulatory Provisions and 

Quasi-Regulatory Measures in the Texas 

SIP’’ is amended by adding two entries 

at the end to read as follows: 

§ 52.2270 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP 

Name of SIP provision Applicable geographic or 

nonattainment area 

State submittal/effective 

date EPA Approval date Comments 

*******

VOC RACT negative declaration for Fiberglass 

Boat Manufacturing Materials, Leather Tanning 

and Finishing, Surface 

Coating for Flat Wood 

Paneling, Letterpress 

Printing, Automobile and 

Light-Duty Truck Assembly Coating, Rubber Tire 

Manufacturing, and Vegetable Oil Manufacturing 

Operations.

Brazoria, Chambers, Fort 

Bend, Galveston, Harris, 

Liberty, Montgomery 

and Waller Counties, TX.

April 6, 2010. 

VOC RACT finding for the 

1997 8-hour ozone 

NAAQS, except for the 

2006–2010 EPA-issued 

CTG series.

Brazoria, Chambers, Fort 

Bend, Galveston, Harris, 

Liberty, Montgomery 

and Waller Counties, TX.

April 6, 2010 ..................... April 15, 2014 [Insert FR 

page number where 

document begins].

[FR Doc. 2014–08331 Filed 4–14–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R07–OAR–2013–0692; FRL–9909–45– 

Region 7] 

Approval and Promulgation of State 

Plans for Designated Facilities and 

Pollutants; Air Emissions From 

Existing Municipal Solid Waste 

Landfills; State of Missouri 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a revision to the state 

section 111 plan for Municipal Solid 

Waste (MSW) Landfills submitted by the 

State of Missouri Department of Natural 

Resources. This plan contains state rules 

‘‘Municipal Solid Waste Landfills’’ and 

‘‘Restriction of Emissions from 

Municipal Solid Waste Landfills’’ that 

were updated as a result of amendments 

to the Federal Emission Guidelines (EG) 

published April 10, 2000; October 17, 

2000; and September 21, 2006. The plan 

also corrects typographical and 

administrative changes in the Missouri 

Rules. This approval means that EPA 

finds the State Plan meets applicable 

Clean Air Act (CAA) requirements. 

DATES: This direct final rule will be 

effective June 16, 2014, without further 

notice, unless EPA receives adverse 

comments by May 15, 2014. If EPA 

receives adverse comments, 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–2013–0692, by one of the 

following methods: 

1. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: Bernstein.craig@epa.gov. 

3. Mail or Hand Delivery: Craig 

Bernstein, Environmental Protection 

Agency, Air Planning and Development 


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Federal Register / Vol. 79, No. 72 / Tuesday, April 15, 2014 / Rules and Regulations 21147 

Branch, 11201 Renner Boulevard, 

Lenexa, Kansas 66219. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–2013– 

0692. 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, is not placed on 

the internet and 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: 

Craig Bernstein, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

913–551–7688, or by email at 

Bernstein.craig@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

or ‘‘our’’ refer to EPA. This section 

provides additional information by 

addressing the following: 

I. Background 

II. Have the requirements for approval of a 

section 111(d) plan revision been met? 

III. What action is EPA taking? 

I. Background 

Standards and guidelines for new and 

existing MSW landfills are promulgated 

under the authority of section 111 of the 

CAA. These standards can be found at 

40 CFR part 60, subpart WWW, new 

source performance standards (NSPS) 

for new MSW landfills, and subpart Cc, 

emission guidelines (EG) for existing 

MSW landfills. The final NSPS and EG 

were published in the Federal Register 

on March 12, 1996 (49 FR 9905). We 

first approved Missouri’s section 111(d) 

plan for MSW landfills on April 24, 

1998 (63 FR 20320). The state’s plan 

consists primarily of two state rules 

which adopt the Federal landfill 

requirements. These rules are 10 CSR 

10–6.310 ‘‘Restriction of Emissions from 

Municipal Solid Waste Landfills’’ 

(which covers all areas of Missouri 

except St. Louis) and 10 CSR 10–5.490 

‘‘Municipal Solid Waste Landfills’’ 

(which covers the St. Louis area). 

Since Missouri last amended both of 

these state rules, EPA has published in 

the Federal Register three final rules 

that update the requirements for 

municipal solid waste landfills. The 

dates and Federal Register citations are: 

April 10, 2000 (65 FR 18906); October 

17, 2000 (65 FR 61744), and September 

21, 2006 (71 FR 55127). Missouri 

updated rules 10 CSR 10–5.490 

‘‘Municipal Solid Waste Landfills’’ and 

10 CSR 10–6.310 ‘‘Restriction of 

Emissions from Municipal Solid Waste 

Landfills’’ to incorporate EPA’s recent 

amendments, to correct typographical 

errors, to include formatting changes, 

and to correct inconsistencies. 

Missouri’s request to move definitions 

from 10 CSR 10–5.490 and 10 CSR 10– 

6.310 to rule 10 CSR 10–6.020 

‘‘Definitions and Common Reference 

Tables’’ has been addressed in a 

separate rulemaking action. In a 

separate action being published in 

today’s Federal Register, EPA is taking 

action to approve rule 10 CSR 10–5.490 

‘‘Municipal Solid Waste Landfills’’ into 

Missouri’s SIP as well. 

II. Have the requirements for approval 

of a section 111(d) plan revision been 

met? 

The Missouri Air Conservation 

Commission adopted rule amendments 

to 10 CSR 10–5.490 and 10 CSR 10– 

6.310 on February 2, 2012, after 

considering comments received at a 

public hearing. The Missouri Air 

Conservation Commission has full legal 

authority to develop rules pursuant to 

section 643.050 of the Missouri Air 

Conservation Law. The State followed 

all applicable administrative procedures 

in proposing and adopting the rule 

actions. After publication by the 

Missouri Secretary of State in the Code 

of State Regulations, the amendments 

became effective May 30, 2012. The 

State of Missouri has incorporated these 

rule amendments into its revised section 

111(d) plan and submitted the plan and 

rules to us for approval pursuant to 

section 111(d). We have evaluated the 

state plan revision against criteria in the 

EG and against the plan approval 

criteria at 40 CFR 60.23 through 40 CFR 

60.26, subpart B ‘‘Adoption and 

Submittal of State Plans for Designated 

Facilities.’’ The state plan meets all of 

the applicable requirements of 40 CFR 

part 60, subpart B and subpart Cc. 

III. What action is EPA taking? 

EPA is approving the revisions to the 

Missouri section 111(d) plan submitted 

by the State of Missouri for MSW 

landfills, which incorporates the recent 

EPA updated rules. We are publishing 

this rule without a prior proposed rule 

because we view this as a 

noncontroversial action and anticipate 

no adverse comment because the 

revisions are administrative and 

consistent with Federal regulations. 

However, in the ‘‘Proposed Rules’’ 

section of today’s Federal Register, we 

are publishing a separate document that 

will serve as the proposed rule to 

approve the section 111(d) revision. If 

EPA receives adverse comments on this 

direct final rule, we will publish a 

timely withdrawal in the Federal 

Register informing the public that this 

direct final rule will not take effect. We 

would address all public comments in 

any subsequent final rule based on the 

proposed rule. 

Statutory and Executive Order Reviews 

A. General Requirements 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 


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21148 Federal Register / Vol. 79, No. 72 / Tuesday, April 15, 2014 / Rules and Regulations 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it 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). This rule also does not 

have tribal implications because it will 

not have a substantial direct effect on 

one or more Indian tribes, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a state rule implementing a 

Federal requirement, and does not alter 

the relationship or the distribution of 

power and responsibilities established 

in the Act. This rule also is not subject 

to Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it approves a 

state rule implementing a Federal 

standard. 

In reviewing section 111(d) plan 

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Act. In this context, 

in the absence of a prior existing 

requirement for the State to use 

voluntary consensus standards (VCS), 

EPA has no authority to disapprove a 

section 111(d) plan submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a section 111(d) 

plan submission, to use VCS in place of 

a section 111(d) plan submission that 

otherwise satisfies the provisions of the 

Act. Thus, the requirements of section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(15 U.S.C. 272 note) do not apply. This 

rule does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.). 

B. Submission to Congress and the 

Comptroller General 

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 rule 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. This rule is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

C. Petitions for Judicial Review 

Under Section 307(b)(1) of the Act, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by August 12, 2013. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule 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. This action 

approving Missouri’s section 111(d) 

plan revision for SSI sources may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 62 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Hydrocarbons, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements, Sulfur 

oxides. 

Dated: April 3, 2014. 

Karl Brooks, 

Regional Administrator, Region 7. 

Chapter I, title 40 of the Code of 

Federal Regulations is amended as 

follows: 

PART 62—APPROVAL AND 

PROMULGATION OF STATE PLANS 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

■ 1. The authority citation for part 62 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart AA—Missouri 

■ 2. Section 62.6357 is amended by 

adding paragraph (e) to read as follows: 

§ 62.6357 Identification of plan. 

* * * * * 

(e) Amended plan for the control of 

air emissions from Municipal Solid 

Waste Landfills submitted by the 

Missouri Department of Natural 

Resources on February 9, 2012. The 

effective date of the amended plan is 

May 30, 2012. 

[FR Doc. 2014–08340 Filed 4–14–14; 8:45 am] 

BILLING CODE 6560–50–P 

LEGAL SERVICES CORPORATION 

45 CFR Part 1613 

Restrictions on Legal Assistance With 

Respect to Criminal Proceedings 

AGENCY: Legal Services Corporation. 

ACTION: Final rule. 

SUMMARY: This final rule updates the 

Legal Services Corporation (LSC or 

Corporation) regulation on legal 

assistance with respect to criminal 

proceedings. The Tribal Law and Order 

Act of 2010 (TLOA) amended the LSC 

Act to authorize LSC funds to be used 

for representation of persons charged 

with any criminal offense in tribal 

courts. This proposed rule will bring the 

regulations into alignment with the 

amended provisions of the LSC Act. The 

proposed rule will also revise the 

conditions under which LSC recipients 

can accept or decline court 

appointments to represent defendants in 

criminal proceedings. 

DATES: The effective date of this rule is 

May 15, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Stefanie K. Davis, Assistant General 

Counsel, Legal Services Corporation, 

3333 K Street NW., Washington, DC 

20007, (202) 295–1563 (phone), (202) 

337–6519 (fax), sdavis@lsc.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Authorities and Impetus for 

Rulemaking 

The Corporation first issued 45 CFR 

part 1613 in 1976 to implement a 

statutory prohibition on the use of LSC 


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