Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations 50351 

1On June 26, 2012, EPA finalized a limited 

approval of Missouri’s August 5, 2009, regional 

haze SIP to address the first implementation period 

for regional haze (77 FR 38007). In a separate 

action, published on June 7, 2012 (77 FR 33642), 

EPA finalized a limited disapproval of the Missouri 

regional haze SIP because of the State’s reliance on 

the Clean Air Interstate Rule to meet certain 

regional haze requirements, which EPA replaced in 

August 2011 with the Cross-State Air Pollution Rule 

(CSAPR) (76 FR 48208 (Aug. 8, 2011)). In the 

aforementioned June 7, 2012, action, EPA finalized 

a Federal Implementation Plan (FIP) for Missouri to 

replace the State’s reliance on CAIR with reliance 

on CSAPR. Following these EPA actions, the D.C. 

Circuit issued a decision in EME Homer City 

Generation, L.P. v. EPA (‘‘EME Homer City’’), 696 

F. 3d 7 (D.C. Cir. 2012), vacating CSAPR and 

keeping CAIR in place pending the promulgation of 

a valid replacement rule. On April 29, 2014, the 

U.S. Supreme Court reversed the D.C. Circuit 

opinion vacating CSAPR, and remanded the case for 

further proceedings. EME Homer City, 572 U.S. 134 

S. Ct. 1584. In the interim, CAIR remained in place. 

On October 23, 2014, the D.C. Circuit granted EPA’s 

motion to lift the stay on CSAPR. Order of October 

23, 2014, in EME Homer City, D.C. Cir. No. 11– 

1302. EPA issued an interim final rule to clarify 

how EPA will implement CSAPR consistent with 

the D.C. Circuit’s order. 79 FR 71663 (December 3, 

2014) (interim final rulemaking). Subsequent to the 

interim final rulemaking, EPA began 

implementation of CSAPR on January 1, 2015. 

(i) * * * 

(E) * * * 

(3) Previously approved on August 23, 

1995, in paragraph (c)(202)(i)(E)(1) of 

this section, and now deleted with 

replacement in (c)(474)(i)(A)(1), Rule 

250, ‘‘Stationary Gas Turbines,’’ adopted 

on October 17, 1994. 

* * * * * 

(429) * * * 

(i) * * * 

(A) * * * 

(6) Previously approved on May 19, 

2014, in paragraph (c)(429)(i)(A)(3) of 

this section and now deleted with 

replacement in (c)(472)(i)(B)(1), Rule 

74.15.1, ‘‘Boilers, Steam Generators, and 

Process Heaters,’’ amended on 

September 11, 2012. 

* * * * * 

(472) * * * 

(i) * * * 

(B) Ventura County Air Pollution 

Control District. 

(1) Rule 74.15.1, ‘‘Boilers, Steam 

Generators, and Process Heaters,’’ 

revised June 23, 2015. 

* * * * * 

(474) New and amended regulations 

were submitted on March 11, 2016, by 

the Governor’s designee. 

(i) Incorporation by reference. 

(A) Placer County Air Pollution 

Control District. 

(1) Rule 250, ‘‘Stationary Gas 

Turbines,’’ amended on October 8, 2015. 

[FR Doc. 2016–17912 Filed 7–29–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2015–0581; FRL–9949–68– 

Region 7] 

Approval of Missouri’s Air Quality 

Implementation Plans; Regional Haze 

State Implementation Plan Revision 

and 2013 Five-Year Progress Report 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve the Missouri State 

Implementation Plan (SIP) revision 

submitted to EPA by the State of 

Missouri on August 5, 2014, 

documenting that the State’s existing 

plan is making adequate progress to 

achieve visibility goals by 2018. The 

Missouri SIP revision addressed the 

Regional Haze Rule (RHR) requirements 

under the Clean Air Act (CAA or Act) 

to submit a report describing progress in 

achieving reasonable progress goals 

(RPGs) to improve visibility in Federally 

designated areas in nearby states that 

may be affected by emissions from 

sources in Missouri. EPA is taking final 

action to approve Missouri’s 

determination that the existing Regional 

Haze (RH) SIP is adequate to meet the 

visibility goals and requires no 

substantive revision at this time. 

DATES: This final rule is effective August 

31, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2015–0581. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

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 through 

www.regulations.gov or 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 a.m. to 4:30 p.m., 

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: 

Amy Algoe-Eakin, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

913–551–7942, or by email at algoeeakin.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. Background 

II. Summary of SIP Revision 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

On September 29, 2015, (80 FR 

58410), EPA published a notice of 

proposed rulemaking (NPR) for the State 

of Missouri. In the NPR, EPA proposed 

approval of Missouri’s progress report 

SIP, a report on progress made in the 

first implementation period towards 

RPGs for Class I areas that are affected 

by emissions from Missouri sources. 

This progress report SIP and 

accompanying cover letter also included 

a determination that Missouri’s existing 

regional haze SIP requires no 

substantive revision to achieve the 

established regional haze visibility 

improvement and emissions reduction 

goals for 2018. 

States are required to submit a 

progress report in the form of a SIP 

revision every five years that evaluates 

progress towards the RPGs for each 

mandatory Class I Federal area within 

the state and in each mandatory Class I 

Federal area outside the state which 

may be affected by emissions from 

within the state. See 40 CFR 51.308(g). 

In addition, the provisions under 40 

CFR 51.308(h) require states to submit, 

at the same time as the 40 CFR 51.308(g) 

progress report, a determination of the 

adequacy of the state’s existing regional 

haze SIP. The first progress report SIP 

is due five years after submittal of the 

initial regional haze SIP. The Missouri 

Department of Natural Resources 

(MDNR) submitted its regional haze SIP 

on August 5, 2009, and a supplement on 

January 30, 2012, in accordance with 40 

CFR 51.308(b).1

On February 14, 2014, MDNR 

provided to the Federal Land Managers 

a revision to Missouri’s SIP reporting on 

progress made during the first 

implementation period toward RPGs for 

Class I areas in the state and Class I 

areas outside the state that are affected 

by Missouri sources. Missouri has two 

Class I areas, Mingo National Wildlife 

Refuge (Mingo) and Hercules Glades 

Wilderness Area (Hercules Glades). 

Missouri also hosts an additional 


sradovich on DSK3GMQ082PROD with RULES
50352 Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations 

2The El Dorado Springs IMPROVE monitoring 

site is a Protocol monitoring site that is maintained 

by MDNR to also measure visibility impairment in 

Missouri, but it is not located in a Federal Class I 

area. It was established to aid in determining 

impacts to portions of the country where no Class 

I areas exist. 

Interagency Monitoring of Protected 

Visual Environments (IMPROVE) 

monitoring site, located at El Dorado 

Springs.2 Notification was published on 

MDNR’s Air Pollution Control Program 

Web site on April 28, 2014. A public 

hearing was held on held at the St. 

Louis Regional Office on Thursday, May 

29, 2014. 

On August 5, 2014, MDNR submitted 

the five year progress report SIP to EPA. 

This progress report SIP and 

accompanying cover letter also included 

a determination that the state’s existing 

regional haze SIP requires no 

substantive revision to achieve the 

established regional haze visibility 

improvement and emissions reduction 

goals for 2018. EPA proposed approval 

of Missouri’s progress report SIP on the 

basis that it satisfies the requirements of 

40 CFR 51.308(g) and (h). 

II. Summary of SIP Revision 

On August 5, 2014, MDNR submitted 

a revision to Missouri’s regional haze 

SIP to address progress made toward 

RPGs of Class I areas in the state and 

Class I areas outside the state that are 

affected by emissions from Missouri’s 

sources. This progress report SIP also 

included a determination of the 

adequacy of the state’s existing regional 

haze SIP. Missouri has two Class I areas 

within its borders, and maintains an 

additional IMPROVE monitoring site. 

MDNR utilized particulate matter source 

apportionment (PSAT) techniques for 

photochemical modeling conducted by 

the Central Regional Air Planning 

Association (CENRAP) to identify two 

Class I areas in nearby Arkansas 

potentially impacted by Missouri 

sources: Upper Buffalo Wilderness Area 

(UBWA) and Caney Creek Wilderness 

Area (CCWA). 

The provisions in 40 CFR 51.308(g) 

require a progress report SIP to address 

seven elements. In the NPR, EPA 

proposed to approve the SIP as 

adequately addressing each element 

under 40 CFR 51.308(g). The seven 

elements and EPA’s proposed 

conclusions in the NPR are briefly 

summarized below. 

The provisions in 40 CFR 51.308(g) 

require progress report SIPs to include 

a description of the status of measures 

in the regional haze implementation 

plan; a summary of the emissions 

reductions achieved; an assessment of 

the visibility conditions for each Class 

I area in the state; an analysis of the 

changes in emissions from sources and 

activities within the state; an assessment 

of any significant changes in 

anthropogenic emissions within or 

outside the state that have limited or 

impeded visibility improvement 

progress in Class I areas impacted by the 

state’s sources; an assessment of the 

sufficiency of the regional haze 

implementation plan to enable states to 

meet reasonable progress goals; and a 

review of the state’s visibility 

monitoring strategy. As explained in 

detail in the NPR, EPA proposed 

Missouri’s progress report SIP addressed 

each element and therefore satisfied the 

requirements under 40 CFR 51.308(g). 

In addition, pursuant to 40 CFR 

51.308(h), states are required to submit, 

at the same time as the progress report 

SIP revision, a determination of the 

adequacy of their existing regional haze 

SIP and to take one of four possible 

actions based on information in the 

progress report. In its progress report 

SIP, Missouri determined that its 

regional haze SIP is sufficient to meet its 

obligations related to the reasonable 

progress goals for Class I areas affected 

by Missouri’s sources. The State 

accordingly provided EPA with a 

negative declaration that further 

revision of the existing regional haze 

implementation plan was not needed at 

this time. See 40 CFR 51.308(h)(1). As 

explained in detail in the NPR, EPA 

proposed to determine that Missouri 

had adequately addressed 40 CFR 

51.308(h) because the visibility data 

trends at the Class I areas impacted by 

Missouri’s sources and the emissions 

trends of the largest emitters in Missouri 

of visibility-impairing pollutants both 

indicate that the reasonable progress 

goals for 2018 for these areas will be met 

or exceeded. Therefore, in our NPR, 

EPA proposed to approve Missouri’s 

progress report SIP as meeting the 

requirements of 40 CFR 51.308(g) and 

(h). 

III. Final Action 

EPA is taking final action to approve 

Missouri’s regional haze five-year 

progress report and SIP revision, 

submitted August 5, 2014, as meeting 

the applicable regional haze 

requirements as set forth in 40 CFR 

51.308(g) and (h). 

IV. 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 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) 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). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

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 


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Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations 50353 

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 30, 2016. 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: July 18, 2016. 

Mark Hague, 

Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA 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 

(e) is amended by adding the entry ‘‘(70) 

State Implementation Plan (SIP) 

Revision for the Attainment and 

Maintenance of National Ambient Air 

Quality Standards for Regional Haze 

(2014 Five-Year Progress Report)’’ in 

numerical order to read as follows: 

§ 52.1320 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS

Name of nonregulatory SIP provision Applicable geographic 

or nonattainment area 

State 

submittal 

date 

EPA approval date Explanation 

*******

(70) State Implementation Plan (SIP) Revision for 

the Attainment and Maintenance of National 

Ambient Air Quality Standards for Regional 

Haze (2014 Five-Year Progress Report).

Statewide ...................... 8/5/14 8/1/16 [Insert Federal 

Register citation].

[EPA–R07–OAR–2015– 

0581; FRL–9949–68– 

Region 7]. 

[FR Doc. 2016–17785 Filed 7–29–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2014–0291, FRL–9949–58– 

Region 1] 

Air Plan Approval; Maine: Prevention 

of Significant Deterioration; PM2.5

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to fully approve revisions to the 

State of Maine’s State Implementation 

Plan (SIP) relating to the regulation of 

fine particulate matter (that is, particles 

with an aerodynamic diameter less than 

or equal to a nominal 2.5 micrometer, 

generally referred to as ‘‘PM2.5’’) within 

the context of Maine’s Prevention of 

Significant Deterioration (PSD) program. 

EPA is also taking direct final action on 

other minor changes to Maine’s PSD 

program. Actions related to this direct 

final rulemaking are being taken in 

accordance with the Clean Air Act 

(CAA). 

DATES: This direct final rule is effective 

September 30, 2016, unless EPA 

receives adverse comments by August 

31, 2016. If adverse comments are 

received, EPA 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–R01– 

OAR–2014–0291 at http://

www.regulations.gov, or via email to 

bird.patrick@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, the EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Patrick Bird, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, Office of Ecosystem 

Protection, Air Permits, Toxics, and 

Indoor Programs Unit, 5 Post Office 

Square—Suite 100, (mail code OEP05– 

2), Boston, MA 02109–3912; telephone 

number: (617) 918–1287; email address: 

bird.patrick@epa.gov. 

SUPPLEMENTARY INFORMATION: 


sradovich on DSK3GMQ082PROD with RULES