41908 Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Rules and Regulations 

1The effective date of the rule in Missouri was 

May 30, 2010. 

Dated: July 7, 2014. 

Ron Curry, 

Regional Administrator, Region 6. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 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 § 52.2270 is amended by: 

■ a. In paragraph (c), the table titled 

‘‘EPA Approved Regulations in the 

Texas SIP’’ is amended by removing the 

entry for ‘‘Section 101.30, Conformity of 

General Federal Actions to State 

Implementation Plans’’; and 

■ b. In paragraph (e) the second table 

titled ‘‘EPA Approved Nonregulatory 

Provisions and Quasi-Regulatory 

Measures in the Texas SIP’’ is amended 

by adding an entry at the end for 

‘‘Conformity with the National Ambient 

Air Quality Standards’’. 

The addition reads 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 

*******

Conformity with the National Ambient 

Air Quality Standards.

Statewide ...................... 10/28/2011 7/18/2014 [Insert FEDERAL REGISTER citation].The General Conformity SIP is removed from the Texas SIP; the 

federal rules at 40 CFR Part 93, 

subpart B apply now. 

[FR Doc. 2014–16826 Filed 7–17–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2013–0674; FRL–9913–79– 

Region–7] 

Approval and Promulgation of 

Implementation Plans; State of 

Missouri; Control of Nitrogen Oxide 

Emissions From Large Stationary 

Internal Combustion Engines 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a State Implementation Plan 

(SIP) revision submitted by the State of 

Missouri to EPA on September 21, 2010, 

with a supplemental revision submitted 

on July 3, 2013. The purpose of the SIP 

revision is to incorporate revisions to a 

Missouri regulation to control Nitrogen 

Oxide (NOX) emissions from large 

stationary internal combustion engines. 

This revision includes an emission rate 

limitation for both large stationary 

diesel and dual fuel internal combustion 

engines and adds an exemption for 

compression ignited stationary internal 

combustion engines that emit 25 tons or 

less of NOX between May 1 and 

September 30. EPA has determined that 

the SIP revision submitted by the State 

of Missouri satisfies the applicable 

requirements of the Clean Air Act (CAA 

or Act), and in particular, the April 21, 

2004, final Federal Phase II NOX SIP 

Call. 

DATES: This rule is effective on August 

18, 2014. 

ADDRESSES: EPA has established docket 

number EPA–R07–OAR–2013–0674 for 

this action. All documents in the 

electronic docket are listed in the 

http://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. Publicly 

available docket materials are available 

either electronically at http://

www.regulations.gov or in hard copy at 

U.S. Environmental Protection Agency, 

Region 7, 11201 Renner Boulevard, 

Lenexa, Kansas 66219 from 8 a.m. to 

4:30 p.m., Monday through Friday, 

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: Ms. 

Lachala Kemp, Air Planning and 

Development Branch, U.S. 

Environmental Protection Agency, 

Region 7, 11201 Renner Boulevard, 

Lenexa, KS 66219; telephone number: 

(913) 551–7214; fax number: (913) 551– 

7065; email address: kemp.lachala@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

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

provides additional information by 

addressing the following questions: 

Table of Contents 

I. What action is EPA taking in this final 

rule? 

II. What is the background for the approvals 

by EPA in this final rule? 

III. EPA’s Response to Comment 

IV. EPA’s Final Action 

I. What action is EPA taking in this 

final rule? 

EPA is taking final action to approve 

a State Implementation Plan (SIP) 

revision submitted by the State of 

Missouri to EPA on September 21, 2010, 

with a supplemental revision submitted 

on July 3, 2013. The purpose of the SIP 

revision is to incorporate changes to a 

Missouri regulation (Title 10 of the Code 

of State Regulations (CSR) 10–6.390) to 

control Nitrogen Oxide (NOX) emissions 

from large stationary internal 

combustion (IC) engines to ensure 

compliance with the federal NOX

control plan to reduce the transport of 

air pollutants.1 EPA finalized the 

second phase (Phase II) of its rule 

known as the NOX SIP Call Rule on 

April 21, 2004 (69 FR 21604). Phase II 

required the eastern one-third of 

Missouri to participate in the NOX SIP 

Call and included a provision related to 

source categories of IC engines. The IC 

provision established a requirement to 

decrease emissions from diesel and dual 

fuel stationary IC engines by ninety 

percent. Phase II of the NOX SIP Call 

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Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Rules and Regulations 41909 

also required each state in the control 

region to submit a SIP that contained 

adequate provisions prohibiting its 

sources from emitting air pollutants that 

would contribute significantly to 

nonattainment, or interfere with 

maintenance, in one or more downwind 

states. See, generally, 69 FR 21608. 

Missouri’s rule establishes emissions 

levels for large stationary internal 

combustion engines of greater than one 

thousand three hundred horsepower 

located in the counties of Bollinger, 

Butler, Cape Girardeau, Carter, Clark, 

Crawford, Dent, Dunklin, Franklin, 

Gasconade, Iron, Jefferson, Lewis, 

Lincoln, Madison, Marion, Mississippi, 

Montgomery, New Madrid, Oregon, 

Pemiscot, Perry, Pike, Ralls, Reynolds, 

Ripley, St. Charles, St. Francois, St. 

Louis, Ste. Genevieve, Scott, Shannon, 

Stoddard, Warren, Washington, and 

Wayne counties, and the City of St. 

Louis in Missouri. To be subject to this 

rule, the IC engines must either have 

emitted greater than one ton per day of 

NOX on average during the period from 

May 1 through September 30 of 1995, 

1996, or 1997, or began operations after 

September 30, 1997. 10 CSR 10– 

6.390(1)(A), (B). 

On January 8, 2014, EPA published in 

the Federal Register a proposed 

rulemaking to approve Missouri’s 

request to revise Missouri’s SIP and 

include this 2010 amendment to the 

Missouri rule. The public comment 

period on EPA’s proposed rule opened 

January 8, 2014, the date of its 

publication in the Federal Register, and 

closed on February 7, 2014. During this 

period, EPA received one comment 

letter from a member of the public. The 

letter is available in the docket to 

today’s final rule. Today’s final action 

includes EPA’s response to this 

comment. 

II. What is the background for the 

approvals by EPA in this final rule? 

This section briefly summarizes the 

background for today’s final action. 

More detailed discussion of the 

statutory and regulatory background can 

be found in the preamble to the 

proposal for this rulemaking. (79 FR 

1350, January 8, 2014.) 

The Missouri rule establishes 

emission rate limits using current 

reporting requirements for both large 

stationary diesel engines and dual fuel 

IC engines and adds a twenty-five ton 

NOX exemption. 

Any compression ignited stationary 

engine that begins operation after 

September 30, 1997, and emits twentyfive (25) tons or less of NOX during the 

period from May 1 through September 

30 is exempt from certain emission rate 

limits found at 10 CSR 10–6.390(3)(B)3 

and 4. This exemption is based on the 

previous year’s NOX emissions during 

the May 1 through September 30 period. 

If the exemption limit is exceeded, for 

any reason, the engine in question will 

be required to meet the applicable limits 

of subsection (3)(B) each year thereafter. 

The exemption does not apply to the 

record keeping and reporting 

requirements of 10 CSR 10–6.390(4). 

Section 110(l) of the CAA states that 

EPA shall not approve a revision of a 

SIP if the revisions would interfere with 

any applicable requirement concerning 

attainment and reasonable further 

progress, or any other applicable 

requirement of the CAA. The state’s SIP 

revision included a demonstration that 

this twenty-five ton NOX exemption for 

compression ignited stationary IC 

engines will not adversely impact air 

quality. The analysis, included in the 

docket for today’s action, also showed 

that the exemption will not affect the 

state’s ability to meet its NOX SIP Call 

obligations. 

EPA has reviewed the state’s analysis 

of the potential impacts of this NOX

exemption on air quality and has 

determined that the twenty-five ton 

NOX exemption in 10 CSR 10–6.390 will 

not adversely impact air quality and 

will not affect the state’s ability to meet 

its NOX SIP Call obligations, previously 

approved in a separate action on August 

15, 2006 (71 FR 46860). 

III. EPA’s Response to Comment 

The public comment period on EPA’s 

proposed rule opened January 8, 2014, 

the date of its publication in the Federal 

Register, and closed on February 7, 

2014. During this period, EPA received 

one comment from a citizen, and the 

comment letter is available in the docket 

to today’s final rule. Today’s final action 

includes EPA’s response to the 

comment. 

Comment: The citizen commented, 

among other things, that Missouri’s 

allowable NOx budget should be revised 

and subsequently a SIP revision should 

be requested to reflect the lower 

emissions ceiling. 

Response: EPA would like to thank 

the citizen for the comment, but 

disagrees with the Commenter’s view. 

EPA’s NOX emissions budgets were set 

under the final Federal Phase II NOX SIP 

Call (69 FR 21604, April 21, 2004). The 

budgets were an accounting mechanism 

for ensuring that upwind states have 

adopted and are implementing control 

measures that will address their 

significant contribution to downwind 

nonattainment, and interference with 

maintenance areas in other states for the 

1-hour and the 1997 8-hour ozone 

standard. These budgets have been set 

through notice-and-comment 

rulemaking and EPA has already 

determined that Missouri has met its 

obligation under the Phase II NOX SIP 

call (71 FR 46860, August 15, 2006). 

IV. EPA’s Final Action 

In today’s rulemaking, EPA is taking 

final action to approve a revision to the 

Missouri SIP to control NOX emissions 

from large stationary internal 

combustion engines. The revisions will 

also add a NOX exemption for 

compression ignited stationary internal 

combustion engines that emit 25 tons or 

less of NOX during the ozone season. If 

this level is exceeded, the regular 

emission rate limits in the regulation 

would apply. The requirements 

prescribed in the SIP revision are 

consistent with the April 21, 2004, final 

Federal Phase II NOX SIP Call. EPA has 

determined that the SIP submitted by 

the State of Missouri satisfies the 

applicable requirements of the CAA. 

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 final 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 final 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 

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41910 Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Rules and Regulations 

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. 

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 September 16, 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. 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, Intergovernmental relations, 

Nitrogen oxides, Reporting and 

recordkeeping requirements. 

Dated: July 1, 2014. 

Karl Brooks, 

Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency proposes to amend 40 CFR part 

52 as set forth below: 

40 CFR part 52 is amended as follows: 

PART 52—[APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart AA—Missouri 

■ 2. Section 52.1320 table in paragraph 

(c) is amended by revising the entry for 

‘‘Chapter 6—Air Quality Standards, 

Definitions, Sampling and Reference 

Methods, and Air Pollution Control 

Regulations for the State of Missouri’’ 

‘‘10–6.390’’ to read as follows: 

§ 52.1320 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED MISSOURI REGULATIONS

Missouri citation Title 

State 

effective 

date 

EPA approval date Explanation 

Missouri Department of Natural Resources 

*******

Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations 

for the State of Missouri 

*******

10–6.390 ............................ Control of NOX Emissions from Large Stationary Internal Combustion Engines.05/30/2010 07/18/2014 [insert Federal 

Register page number 

where the document begins].

* * * * * * * 

* * * * * 

[FR Doc. 2014–16831 Filed 7–17–14; 8:45 am] 

BILLING CODE 6560–50–P 

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