62844 Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Rules and Regulations 

(26) and (27) in numerical order at the 

end of the table to read as follows: 

§ 52.1420 Identification of Plan. 

* * * * * 

(e) * * * 

EPA-APPROVED NEBRASKA NONREGULATORY PROVISIONS

Name of non-regulatory SIP provision 

Applicable 

geographic or 

nonattainment 

area 

State 

submittal 

date 

EPA approval date Explanation 

*******

(26) Section 110(a)(2) Infrastructure 

Requirements for the 2008 Pb 

NAAQS.

Statewide .......... 10/18/11 10/21/14 [Insert Federal Register 

citation].

This action addresses the following 

CAA elements: 110(a)(2)(A), (B), 

(C), (D), (E), (F), (G), (H), (J), 

(K), (L), and (M). 

(27) Section 128 Declaration: Nebraska Department of Environmental Quality Representation 

and Conflicts of Interest Provisions, Section 49–1493(13) of 

the NE Political Accountability 

and Disclosure Act and Chapter 

2 of Title 4, NE Accountability 

and Disclosure Commission.

Statewide .......... 8/22/13 10/21/14 [Insert Federal Register 

citation].

This declaration is contained within 

Nebraska’s 2010 Sulfur Dioxide 

NAAQS Infrastructure SIP submission concerning Section 

110(a)(2)(E) of the CAA. 

[FR Doc. 2014–24899 Filed 10–20–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2014–0687; FRL–9918–17– 

Region 7] 

Approval and Promulgation of 

Implementation Plans; State of 

Missouri, Restriction of Emissions of 

Particulate Matter From Industrial 

Processes 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the State 

Implementation Plan (SIP) submitted by 

the State of Missouri on May 8, 2012, 

and October 17, 2013, related to a 

Missouri rule titled ‘‘Restriction of 

Emission of Particulate Matter from 

Industrial Processes.’’ This action 

amends the SIP in four ways. The first 

is it updates an outdated reference in 

the current SIP approved rule. Second, 

it provides a hierarchy of compliance 

measurement approaches for Particulate 

Matter (PM) emissions from industrial 

processes. Third, it provides a 

clarification on applicability of the 

provisions. And fourth, it deletes 

redundant definitions. 

DATES: This direct final rule will be 

effective December 22, 2014, without 

further notice, unless EPA receives 

adverse comment by November 20, 

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–2014–0687, by one of the 

following methods: 

1. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: gonzalez.larry@epa.gov. 

3. Mail or Hand Delivery: Larry 

Gonzalez, 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– 

0687. 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: 

Larry Gonzalez, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Rules and Regulations 62845 

913–551–7041 or by email at 

gonzalez.larry@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 revisions to the State 

Implementation Plan (SIP) submitted by 

the State of Missouri on May 8, 2012, 

and October 17, 2013, related to a 

Missouri rule titled ‘‘Restriction of 

Emission of Particulate Matter from 

Industrial Processes’’ 10 CSR 10–6.400. 

This action amends the SIP to update an 

outdated reference in the rule, provides 

a hierarchy of measurement approaches 

used for compliance, clarifies the 

applicability of the rule, and deletes 

redundant definitions found in the rule. 

Today’s action completes four 

administrative actions. First, it approves 

into the SIP the update to rule 10 CSR 

10–6.400 so that it references the new 

consolidated rule 10 CSR 10–6.405 

‘‘Restriction of Particulate Matter 

Emissions From Fuel Burning 

Equipment Used For Indirect Heating.’’ 

This action follows an earlier action 

EPA took on September 13, 2012, to 

amend the Missouri SIP which 

rescinded area-specific indirect heating 

rules, 10 CSR 10–2.040, 10–3.060, 10– 

4.040, and 10–5.030 and added a new 

rule, 10 CSR 10–6.405 which 

consolidated the area rules into a single 

rule (see 76 FR 56555). Second, it 

amends the test methods section to add 

a hierarchy of emission measurement 

approaches used for compliance 

testing—a revision requested by EPA 

that has been used in other Missouri 

rules. Third, it explicitly clarifies that 

the rule provisions are only applicable 

to the ‘‘filterable’’ particulate matter. 

And, fourth, it eliminates definitions in 

the rule 10 CSR 10.6.400 that are also 

found at 10 CSR 10–6.020 ‘‘Definitions 

and Common Reference Tables.’’ 

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, 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 today’s 

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 

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 December 22, 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. 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 today’s 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 


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62846 Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Rules and Regulations 

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: September 24, 2014. 

Karl Brooks, 

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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart AA—Missouri 

■ 2. In § 52.1320, the table in paragraph 

(c) is amended by revising the entry 

under ‘‘Chapter 6—Air Quality 

Standards, Definitions, Sampling and 

Reference Methods, and Air Pollution 

Control Regulations for the State of 

Missouri’’ for ‘‘10–6.400’’ 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 

*******

10–6.400 ....... Restrictions of Emission of Particulate Matter 

from Industrial Processes.

06/27/13 10/21/14 [Insert Federal Register citation].

*******

* * * * * 

[FR Doc. 2014–24760 Filed 10–20–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0711; FRL–9917–81– 

Region 9] 

Approval and Promulgation of 

Implementation Plans; Revisions to the 

Nevada State Implementation Plan; 

Stationary Source Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the 

applicable state implementation plan for 

the State of Nevada submitted by the 

Nevada Division of Environmental 

Protection. The revisions include 

amended State rules related to 

applications for, and issuance of, 

permits for stationary sources, but not 

including review and permitting of 

major sources and major modifications 

under parts C and D of title I of the 

Clean Air Act. EPA is taking action 

under the Clean Air Act obligation to 

take action on State submittals of 

revisions to state implementation plans. 

The intended effect of the approval is to 

fix deficiencies in the previouslyapproved version of the permitting rules 

and to ensure that new or modified 

stationary sources do not interfere with 

attainment or maintenance of the 

national ambient air quality standards. 

DATES: This rule is effective on 

December 22, 2014 without further 

notice, unless EPA receives adverse 

comments by November 20, 2014. If we 

receive such comments, we will publish 

a timely withdrawal in the Federal 

Register to notify the public that this 

direct final rule will not take effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2014–0711, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: R9airpermits@epa.gov. 

3. Mail or deliver: Laura Yannayon 

(AIR–3), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. 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: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 


asabaliauskas on DSK5VPTVN1PROD with RULES