Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Rules and Regulations 67915 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Duluth or his designated on-scene 

representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port is any Coast 

Guard commissioned, warrant, or petty 

officer who has been designated by the 

Captain of the Port to act on his behalf. 

The on-scene representative of the 

Captain of the Port will be aboard either 

a Coast Guard or Coast Guard Auxiliary 

vessel. The Captain of the Port or his 

designated on-scene representative may 

be contacted via VHF Channel 16. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Duluth 

or his on-scene representative to obtain 

permission to do so. Vessel operators 

given permission to enter or operate in 

the safety zone must comply with all 

directions given to them by the Captain 

of the Port Duluth or his on-scene 

representative. 

Dated: September 27, 2016. 

E.E. Williams, 

Commander, U.S. Coast Guard, Captain of 

the Port Duluth. 

[FR Doc. 2016–23712 Filed 9–30–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 70 

[EPA–R07–OAR–2016–0529; FRL–9953–34– 

Region 7] 

Approval of Missouri’s Air Quality 

Implementation Plans and Operating 

Permits Program; Greenhouse Gas 

Tailoring Rule and Non-Substantive 

Definition and Language Changes 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the 

Missouri State Implementation Plan 

(SIP) and the 40 CFR part 70 operating 

permits program. EPA is approving 

revisions to two Missouri rule(s) 

entitled, ‘‘Construction Permits 

Required,’’ and ‘‘Operating Permits.’’ 

This approval action is consistent with 

the July 12, 2013, U.S. Court of Appeals 

for the District of Columbia and the June 

23, 2014, U.S. Supreme Court actions 

regarding Greenhouse Gas Prevention of 

Significant Deterioration and Title V 

Permitting. This action makes nonsubstantive changes to definitions, and 

language clarifications. 

DATES: This direct final rule will be 

effective December 2, 2016, without 

further notice, unless EPA receives 

adverse comment by November 2, 2016. 

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–2016–0529, to http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

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. 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, 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: 

Larry Gonzalez at (913) 551–7041, or by 

email at gonzalez.larry@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘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 approving revisions to the 

Missouri SIP and Operating Permits 

Program requested from four separate 

requests. In the first request dated 

August 8, 2011, the State of Missouri 

asked that EPA amend the SIP and the 

state’s operating permits program to 

include rule revisions that incorporate 

Federal permitting requirements for 

greenhouse gas emissions under state 

rule 10 CSR 10–6.065. 

In the second request, also dated 

August 8, 2011, the State of Missouri 

asked that EPA amend the SIP to 

incorporate Federal permitting 

requirements to address new 

construction projects that emit 100,000 

tons per year or more of greenhouse 

gases, as well as clarifying some rule 

text. 

In the third request dated August 31, 

2012, the State of Missouri asked that 

EPA amend the SIP to include recently 

promulgated revisions to the state rule 

10 CSR 10–6.065 in order to defer for a 

period of three years the application of 

Title V permitting to carbon dioxide 

emissions from biogenic sources. In 

addition to the biogenic deferral 

language, Missouri included nonsubstantive edits and minor 

administrative rule revisions in this 

submission. For example, Missouri 

relabeled 10 CSR 10–6.065(3)(A)5 to 10 

CSR 10–6.065(3)(B), and reworded the 

following in that same subsection ‘‘40 

CFR part 63, subpart EEE’’ to ‘‘40 CFR 

63, subpart EEE.’’ 

On July 14, 2016, the State of 

Missouri modified the 2011 and 2012 

requests in a letter to EPA. The letter 

addresses the court directed revisions to 

EPA’s GHG permitting provisions. 

Specifically, in the July 14, 2016, letter, 

Missouri identified regulatory language 

of the earlier submittals that it was 

withdrawing its request to EPA to 

approve into the SIP and notified EPA 

that the state will update its rules in the 

future to remove those provisions. The 

State explained that these changes to 

their earlier submittals are a result of 

court decisions by the Supreme Court 

(Utility Air Regulatory Group v. EPA, 

June 23, 2014) and the U.S. Court of 

Appeals for the District of Columbia 

(Coalition for Responsible Regulation, 

Inc. et al. v. EPA, April 10, 2015), in 

which the courts vacated certain 

permitting requirements that were 

included in Missouri’s August 8, 2011, 

submission. In the July 2016 submittal, 

the state clarified this earlier request to 

EPA as follows: 

(1) Missouri requested that in 10 CSR 

10–6.060(8)(A), not include as part of 

the Missouri SIP the phrase ‘‘including 

the revision published at 75 FR 31606– 

07 (effective August 2, 2010).’’ Instead 

subsection (8)(A) will read ‘‘. . . 

promulgated as of July 1, 2009 are 

hereby incorporated . . .’’ 

(2) Missouri requested that in 10 CSR 

10–6.6065(2)(A)2., not include the 

words ‘‘Except that:’’ and do not include 

the subparagraphs (2)(A)2.A. and 

(2)(A)2.B. as part of the Missouri SIP. 

In addition, Missouri requested that 

EPA only include into the Missouri SIP 

the non-substantive wording 

clarifications submitted on August 31, 

2012, without the biogenic deferral 


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67916 Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

wording revisions because the biogenic 

deferrals had expired. 

These requested and remaining 

revisions to Missouri’s earlier submittals 

are consistent with the changes in 

Federal permitting requirements that 

were necessitated by the two earlier 

mentioned court decisions. These 

changes will make Missouri’s GHG 

permitting requirements included in the 

SIP consistent with current Federal 

requirements. 

II. Have the requirements for approval 

of a SIP revision been met? 

The state submissions have met the 

public notice requirements of SIP 

submissions in accordance with 40 CFR 

51.102. The submissions also satisfy the 

completeness criteria of 40 CFR part 

appendix V. In addition, the revisions 

meet the substantive SIP requirements 

of the CAA, including section 110 and 

implementing regulations. 

III. What action is EPA taking? 

EPA is approving the request to 

amend the Missouri SIP and operating 

permits program by approving the 

State’s request to amend 10 CSR 10– 

6.060, and 10 CSR 10–6.065 to align the 

State’s rule with EPA’s GHG Tailoring 

rule, streamline the public notice 

procedures to align them with similar 

procedures in the EPA rules, and allows 

the flexibility to publish notices on the 

internet. 

We are processing this action as a 

direct final action because the revisions 

make routine changes to the existing 

rules which are noncontroversial. 

Therefore, we do not anticipate any 

adverse comments. Please note that if 

EPA receives adverse comment on part 

of this rule and if that part can be 

severed from the remainder of the rule, 

EPA may adopt as final those parts of 

the rule that are not the subject of an 

adverse comment. 

Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of the Missouri Regulations 

described in the direct final 

amendments to 40 CFR part 52 set forth 

below. Therefore, these materials have 

been approved by EPA for inclusion in 

the State implementation plan, have 

been incorporated by reference by EPA 

into that plan, are fully Federally 

enforceable under sections 110 and 113 

of the CAA as of the effective date of the 

final rulemaking of EPA’s approval, and 

will be incorporated by reference by the 

Director of the Federal Register in the 

next update to the SIP compilation.1

EPA has made, and will continue to 

make, these documents generally 

available electronically through 

www.regulations.gov and at the 

appropriate EPA office (see the 

ADDRESSES section of this preamble for 

more information). 

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 

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 2, 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 

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 70 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Operating permits, Reporting 

and recordkeeping requirements. 


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Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Rules and Regulations 67917 

Dated: September 21, 2016. 

Mark Hague, 

Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA amends 40 CFR parts 52 

and 70 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. Section 52.1320(c) is amended by 

revising entries 10 CSR 10–6.060 and 10 

CSR 10–6.065 under subheading 

‘‘Chapter 6’’ 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 

10–6.060 ........ Construction Permits 

Required.

08/30/11 10/3/16 [Insert Federal Register citation].Provisions of the 2010 PM2.5 PSD—Increments, SILs and 

SMCs rule (75 FR 64865, October 20, 2010) relating to SILs 

and SMCs that were affected by the January 22, 2013 U.S. 

Court of Appeals decision are not SIP approved. 

Provisions of the 2002 NSR reform rule relating to the Clean 

Unit Exemption, Pollution Control Projects, and exemption 

from recordkeeping provisions for certain sources using the 

actual-to-projected-actual emissions projections test are not 

SIP approved. 

In addition, we have not approved Missouri’s rule incorporating 

EPA’s 2007 revision of the definition of ‘‘chemical processing 

plants’’ (the ‘‘Ethanol Rule,’’ 72 FR 24060 (May 1, 2007) or 

EPA’s 2008 ‘‘fugitive emissions rule,’’ 73 FR 77882 (December 19, 2008). 

Although exemptions previously listed in 10 CSR 10–6.060 

have been transferred to 10 CSR 10–6.061, the Federallyapproved SIP continues to include the following exemption, 

‘‘Livestock and livestock handling systems from which the 

only potential contaminant is odorous gas.’’ 

Section 9, pertaining to hazardous air pollutants, is not SIP approved. 

EPA is not approving in subsection (8)(A) the phrase ‘‘including 

the revision published at 75 FR 31606–07 (effective August 

2, 2010).’’ 

* * * * * * * 

10–6.065 ........ Operating Permits ... 08/30/11 10/3/16 [Insert Federal Register citation].EPA has not approved Section (4) as part of the SIP. 

EPA is not approving in paragraph (2)(A)2 the words, ‘‘except 

that’’ and is not approving subparagraphs (2)(A)2.A. and 

(2)(A)2.B. 

* * * * * * * 

* * * * * 

PART 70—STATE OPERATING PERMIT 

PROGRAMS 

■ 3. The authority citation for part 70 

continues to read as follows: 

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

■ 4. Appendix A to part 70 is amended 

by adding paragraph (ff) under Missouri 

to read as follows: 

Appendix A to Part 70—Approval 

Status of State and Local Operating 

Permits Programs 

* * * * * 

Missouri 

* * * * * 

(ff) The Missouri Department of Natural 

Resources submitted revisions to CSR on 

April 28, 2011. We are approving this rule 

except for Section (4) which relates to the 

State Basic Operating permits, and we are not 

approving in paragraph (2)(A)2 the words, 

‘‘except that’’ and are not approving 

subparagraphs (2) (A)2.A. and (2)(A)2.B. This 

approval is effective December 2, 2016. 

* * * * * 

[FR Doc. 2016–23599 Filed 9–30–16; 8:45 am] 

BILLING CODE 6560–50–P 


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