Federal Register / Vol. 79, No. 51 / Monday, March 17, 2014 / Rules and Regulations 14613 

EPA APPROVED REGULATIONS IN THE TEXAS SIP 

State citation Title/subject 

State approval/submittal date 

EPA approval date Explanation 

***** **

Section 115.240 .............................. Stage II Vapor Recovery Definitions and List of California Air 

Resources Board Certified Stage 

II Equipment.

10/9/2013 3/17/14 [Insert FR page number 

where document begins].

Section 115.241 .............................. Emission Specifications ................. 10/9/2013 3/17/14 [Insert FR page number 

where document begins].

Section 115.242 .............................. Control Requirements .................... 10/9/2013 3/17/14 [Insert FR page number 

where document begins].

Section 115.243 .............................. Alternate Control Requirements ..... 10/9/2013 3/17/14 [Insert FR page number 

where document begins].

Section 115.244 .............................. Inspection Requirements ................ 10/9/2013 3/17/14 [Insert FR page number 

where document begins].

Section 115.245 .............................. Testing Requirements .................... 10/9/2013 3/17/14 [Insert FR page number 

where document begins].

Section 115.246 .............................. Recordkeeping Requirements ........ 10/9/2013 3/17/14 [Insert FR page number 

where document begins].

Section 115.247 .............................. Exemptions ..................................... 10/9/2013 3/17/14 [Insert FR page number 

where document begins].

***** **

Section 115.249 .............................. Counties and Compliance Schedules.10/9/2013 3/17/14 [Insert FR page number 

where document begins].

***** **

* * * * * (e) * * * 

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

Name of SIP provision Applicable geographic or 

non-attainment area 

State submittal/effective date 

EPA approval date Comments 

***** **

.

Stage II Vapor Recovery Program 

SIP.

Statewide ........................................ 10/9/2013 3/17/14 [Insert FR page number 

where document begins].

[FR Doc. 2014–05100 Filed 3–14–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52, 62, and 70 

[EPA–R07–OAR–2013–0724; FRL–9907–79– 

Region 7] 

Approval and Promulgation of 

Implementation Plans, State Plans for 

Designated Facilities and Pollutants, 

and Operating Permits Program; 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 revisions to the 

Missouri State Implementation Plan 

(SIP), the 40 CFR part 62 state plans 

(111(d)), and the 40 CFR part 70 

operating permits program, which were 

received on August 25, 2011, May 8, 

2012, and February 11, 2013, 

respectively. The revisions submitted by 

the state move definitions currently in 

individual rules into one rule and 

eliminates the risk of the same term 

being defined differently for different 

rules. This action provides more clarity 

for the regulated public. These revisions 

do not have an adverse affect on air 

quality. EPA’s approval of these rule 

revisions is being done in accordance 

with the requirements of the Clean Air 

Act (CAA). 

DATES: This direct final rule is effective 

May 16, 2014, without further notice, 

unless EPA receives adverse comment 

by April 16, 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–2013–0724, by one of the 

following methods: 

1. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: higbee.paula@epa.gov. 

3. Mail or Hand Delivery: Paula 

Higbee, 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–2013– 

0724. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 


tkelley on DSK3SPTVN1PROD with RULES
14614 Federal Register / Vol. 79, No. 51 / Monday, March 17, 2014 / Rules and Regulations 

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 

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: 

Paula Higbee, Environmental Protection 

Agency, Air Planning and Development 

Branch, 11201 Renner Boulevard, 

Lenexa, Kansas 66219, or at 913–551– 

7028, or by email at higbee.paula@

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 

amend Missouri’s SIP, 111(d) plan, and 

operating permits program by approving 

the state’s requests to amend 10 CSR 

10–6.020, Definitions and Common 

Reference Tables. As detailed in the 

Technical Support Document which is a 

part of this docket, the revisions to 10 

CSR 10–6.020 Definitions and Common 

Reference Tables largely incorporate 

several non-substantive error 

corrections of acronym usage, 

clarifications of definition applicability, 

grammatical corrections, and minor 

clarifications of language as well as the 

addition of definitions from individual 

rules. In determining its action, EPA 

reviewed the submissions and 

additional information provided by the 

state to ensure that they met Federal 

requirements and did not adversely 

affect the stringency of the SIP, the 40 

CFR part 62, or the 40 CFR part 70 

program. EPA notes that the state 

reviewed and revised all definitions as 

needed to insure consistency, unless a 

specific reason existed for a definition 

to be unique to a specific rule such as 

the construction permits rule. In 

addition, the definitions used in state 

rules were reviewed to insure as much 

consistency as possible with the Federal 

definitions of the same terms, and 

revisions were made as necessary and 

appropriate, consistent with Federal 

requirements. 

II. Have the requirements for approval 

of a SIP, part 62 and part 70 revision 

been met? 

The state submission has met the 

public notice requirements for SIP 

submissions in accordance with 40 CFR 

51.102. The submission has also 

satisfied the completeness criteria of 40 

CFR part 51, appendix V. In addition, as 

explained above and in more detail in 

the technical support document which 

is part of this docket, the revision meets 

the substantive SIP requirements of the 

CAA, including section 110 and 

implementing regulations. 

The substantive requirements of 40 

CFR part 62 and Title V of the 1990 

CAA Amendments and 40 CFR part 70 

have been met as well. 

III. What action is EPA taking? 

EPA is taking final action to approve 

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 the SIP, 111(d) 

and operating permits revisions 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 Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review under 

Executive Orders 12866 and 13563 (76 

FR 3821, January 21, 2011). This action 

is also not subject to Executive Order 

13211, ‘‘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 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 51 / Monday, March 17, 2014 / Rules and Regulations 14615 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). Thus Executive Order 

13132 does not apply to this action. 

This action merely approves a state rule 

implementing a Federal standard, and 

does not alter the relationship or the 

distribution of power and 

responsibilities established in the CAA. 

This rule also is not subject to Executive 

Order 13045, ‘‘Protection of Children 

from Environmental Health Risks and 

Safety Risks’’ (62 FR 19885, April 23, 

1997) because it approves a state rule 

implementing a Federal standard. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the CAA. 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 state submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA when it reviews a state submission, 

to use VCS in place of a state 

submission that otherwise satisfies the 

provisions of the CAA. 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 action does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). Burden is defined 

at 5 CFR 1320.3(b). 

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. 

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 May 16, 2014. 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. 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 

and address the comment in the final 

rulemaking. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects 

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. 

40 CFR Part 62 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Aluminum, 

Fertilizers, Fluoride, Intergovernmental 

relations, Paper and paper products 

industry, Phosphate, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Sulfuric acid plants, Waste 

treatment and disposal. 

40 CFR Part 70 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Operating permits, Reporting 

and recordkeeping requirements. 

Dated: February 28, 2014. 

Karl Brooks, 

Regional Administrator, Region 7. 

40 CFR parts 52, 62, and 70 are 

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 AA—Missouri 

■ 2. In § 52.1320 the table in paragraph 

(c) is amended by revising the entry for 

10–6.020 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 

10–6.020 ...................................... Definitions and Common Reference Tables.2/28/13 3/17/14 [insert Federal 

Register page number 

where the document begins].

* * * * * * * 


tkelley on DSK3SPTVN1PROD with RULES
14616 Federal Register / Vol. 79, No. 51 / Monday, March 17, 2014 / Rules and Regulations 

* * * * * 

PART 62—[AMENDED] 

■ 3. The authority citation for part 62 

continues to read as follows: 

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

Subpart AA—Missouri 

■ 4. In § 62.6350 is amended by adding 

paragraph (b)(5) to read as follows: 

§ 62.6350 Identification of plan. 

* * * * * 

(b) * * * 

(5) A revision to Missouri’s 111(d) 

plan to incorporate state regulation 10 

CSR 10–6.020 Definitions and Common 

Reference Tables was state effective on 

February 28, 2013. The effective date of 

the amended plan is May 16, 2014. 

* * * * * 

PART 70—[AMENDED] 

■ 5. The authority citation for part 70 

continues to read as follows: 

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

■ 6. Appendix A to part 70 is amended 

by adding paragraph (bb) under 

Missouri to read as follows: 

Appendix A to Part 70—Approval 

Status of State and Local Operating 

Permits Programs 

* * * * * 

Missouri 

* * * * * 

(bb) The Missouri Department of Natural 

Resources submitted revisions to Missouri 

rule 10 CSR 10–6.020, ‘‘Definitions and 

Common Reference Tables’’ on February 11, 

2013. The state effective date is February 28, 

2013. This revision is effective May 16, 2014. 

* * * * * 

[FR Doc. 2014–05685 Filed 3–14–14; 8:45 am] 

BILLING CODE 6560–50–P 


tkelley on DSK3SPTVN1PROD with RULES