1350 Federal Register / Vol. 79, No. 5 / Wednesday, January 8, 2014 / Proposed Rules 

published a direct final rule approving 

portions of three revisions to the Texas 

State Implementation Plan (SIP) 

concerning the Texas Federal Operating 

Permits Program. EPA received timely, 

adverse comments on the direct final 

rule and withdrew the direct final rule 

on November 6, 2013. In our withdrawal 

of the direct final rule, we indicated we 

would address the comments received 

through the proposed rule published on 

September 10, 2013. Subsequent to our 

withdrawal of the direct final, EPA 

received a letter dated December 19, 

2013, from the Texas Commission on 

Environmental Quality stating that the 

December 17, 1999; October 4, 2001; 

and August 11, 2003 revisions specific 

to stringency determinations and minor 

permit revisions for Federal Operating 

Permits have been withdrawn from our 

consideration as revisions to the Texas 

SIP. Accordingly, EPA is withdrawing 

the proposed approval and finds that no 

further action is necessary on the 

portions of the three SIP revisions 

specific to stringency determinations 

and minor permit revisions for the 

Texas Federal Operating Permits 

Program. The State’s action also 

withdraws from EPA’s review the 

Federal Operating Permits Program 

component of the January 22, 2010 

Consent Decree between EPA and the 

BCCA Appeal Group, Texas Association 

of Business, and Texas Oil and Gas 

Association. This withdrawal is being 

taken under section 110 and parts C and 

D of the Federal Clean Air Act. 

DATES: The proposed rule published on 

September 10, 2013 (78 FR 55234), is 

withdrawn as of January 8, 2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Adina Wiley (6PD–R), Air Permits 

Section, Environmental Protection 

Agency, Region 6, 1445 Ross Avenue 

(6PD–R), Suite 1200, Dallas, TX 75202– 

2733. The telephone number is (214) 

665–2115. Ms. Wiley can also be 

reached via electronic mail at 

wiley.adina@epa.gov. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

Dated: December 20, 2013. 

Samuel Coleman, 

Acting Regional Administrator, Region 6. 

[FR Doc. 2013–31569 Filed 1–7–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2013–0674; FRL–9905–02– 

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: Proposed rule. 

SUMMARY: EPA is proposing 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: Comments must be received on 

or before February 7, 2014. 

ADDRESSES: Submit your comments 

identified by Docket ID No. EPA–R07– 

OAR–2013–0674, by one of the 

following methods: 

1. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

2. Email: kemp.lachala@epa.gov. 

3. Mail: Ms. Lachala Kemp, Air 

Planning and Development Branch, U.S. 

Environmental Protection Agency, 

Region 7, Air and Waste Management 

Division, 11201 Renner Boulevard, 

Lenexa, Kansas 66219. 

4. Hand Delivery or Courier: Deliver 

your comments to Ms. Lachala Kemp, 

Air Planning and Development Branch, 

U.S. Environmental Protection Agency, 

Region 7, Air and Waste Management 

Division, 11201 Renner Boulevard, 

Lenexa, KS 66219. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–2013– 

0674. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http://

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 http://

www.regulations.gov or email 

information that you consider to be CBI 

or otherwise protected. The http://

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 http://

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 should be free of any 

defects or viruses. 

Docket: 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 

the U.S. Environmental Protection 

Agency, Region 7, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 from 

8:00 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. 

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Federal Register / Vol. 79, No. 5 / Wednesday, January 8, 2014 / Proposed Rules 1351 

1The effective date of the rule in Missouri was 

May 30, 2010. 

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. Background for the Proposal 

II. Summary of Missouri’s SIP Revision 

III. EPA’s Proposed Action 

I. Background for the Proposal 

EPA is proposing 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. 69 FR 21608. Phase II of the 

NOX SIP Call 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 at 21608–38. 

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). 

EPA’s analysis of the State’s SIP 

revision is discussed below. As a result 

of EPA’s analysis, we are proposing to 

approve this request to revise Missouri’s 

SIP and include this 2010 amendment 

to the Missouri rule. 

II. Summary of Missouri’s SIP Revision 

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 also exempt from certain emission 

rate limits found at 10 CSR 10– 

6.390(3)(B)3. and 4. This exemption 

(hereinafter referred to as the ‘‘twentyfive ton NOX 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 also showed that 

the exemption will not affect the State’s 

ability to meet its NOX SIP Call 

obligations. 

In this analysis, the State focuses on 

the eastern one-third of Missouri, which 

is defined by the Phase II NOX SIP Call. 

This area is also located south and 

adjacent to the St. Louis nonattainment 

area for ozone, which is generally in the 

path of the predominant wind direction 

on typical high ozone days. The overall 

analysis on emissions for the specific 

area demonstrates that the additional 

impact of these exempt units on St. 

Louis ozone and NOX levels is 

insignificant. 

In addition, the State’s analysis also 

demonstrates that for each year since 

EPA approved its NOX SIP Call budget 

on August 15, 2006 (71 FR 46860), 

overall ozone season NOX emissions 

have been below the State’s allowable 

budget. For utilities, NOX controls— 

specifically, two selective catalytic 

reduction units with overfire air, one 

low-NOX burner with overfire air, and 

two overfire air NOX control units— 

have been installed since 2005 in the 

eastern one-third of Missouri to assist 

the State with meeting the applicable 

budgets. Similarly, non-utility boiler 

and cement kiln NOX emissions have 

substantially decreased and stayed 

below the State’s allowable budget 

during this time. Even with the 

potential amount of additional NOX

emissions caused by the twenty-five ton 

NOX exemption in 10 CSR 10–6.390, the 

total amount of NOX emissions would 

still be under the budgeted level. 

Further details on the State’s analysis 

can be found in the docket for this 

rulemaking. 

In summary, EPA has reviewed the 

State’s analysis and believes 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 budget 

obligations. 

III. EPA’s Proposed Action 

In today’s rulemaking, EPA is 

proposing 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 proposed 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 Clean Air Act. Accordingly, this 

proposed 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 proposed 

action: 

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1352 Federal Register / Vol. 79, No. 5 / Wednesday, January 8, 2014 / Proposed Rules 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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. 

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: December 12, 2013. 

Karl Brooks, 

Regional Administrator, Region 7. 

[FR Doc. 2013–31567 Filed 1–7–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[EPA–HQ–OAR–2011–0660; FRL–9901–51– 

OAR] 

RIN 2060–AQ91 

Withdrawal of Proposed Standards of 

Performance for Greenhouse Gas 

Emissions From New Stationary 

Sources: Electric Utility Generating 

Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of proposed rule. 

SUMMARY: The United States EPA (EPA) 

is withdrawing the proposal for new 

source performance standards for 

emissions of carbon dioxide (CO2), 

which was published on April 13, 2012, 

for new affected fossil fuel-fired electric 

utility generating units (EGUs). The EPA 

received more than 2.5 million 

comments on that notice and has 

received new information, which 

together necessitates substantial changes 

in the proposed requirements. The 

changes not only affect determinations 

of potentially covered sources but could 

also result in substantial changes in 

what some sources must do to comply 

with the standards and could thereby 

cause them to alter planned facility 

designs or technological control 

systems. These changes concern the 

addition of a determination of the best 

system of emission reduction for fossil 

fuel-fired boilers and IGCC units; an 

alternative compliance option for solid 

fuel-fired EGUs; the treatment of certain 

units that had received permits to 

construct but for which construction 

had not yet commenced; the limits for 

natural gas-fired stationary combustion 

turbines; and the application of CO2

emission fees under the title V operating 

permit program. These changes are of 

substantial consequence and are 

sufficient to merit withdrawal (i.e., 

rescission) of that notice of proposed 

rulemaking. At the same time, in a 

separate notice of proposed rulemaking 

published in today’s Federal Register, 

the EPA is issuing new proposed 

requirements for new fossil-fuel-fired 

electric generating units, which are 

based on different analyses from the 

original proposal and would establish 

requirements that differ significantly 

from the original proposal. 

DATES: The proposed rule published on 

April 13, 2012 (78 FR 22392), is 

withdrawn as of January 8, 2014. 

ADDRESSES: Docket: A rulemaking 

docket for the April 13, 2012, notice of 

proposed rulemaking was established 

and identified as EPA–HQ–OAR–2011– 

0660. All documents in the docket are 

listed in the http://www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available (e.g., 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 

the EPA Docket Center, EPA West, 

Room 3334, 1301 Constitution Ave. 

NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

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

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Air Docket is (202) 566– 

1742. Visit the EPA Docket Center 

homepage at http://www.epa.gov/

epahome/dockets.htm for additional 

information about the EPA’s public 

docket. 

In addition to being available in the 

docket, an electronic copy of this action 

will also be available on the Worldwide 

Web (WWW) through the Technology 

Transfer Network (TTN). Following 

signature, a copy of the action will be 

posted on the TTN’s policy and 

guidance page for newly proposed or 

promulgated rules at the following 

address: http://www.epa.gov/ttn/oarpg/. 

The TTN provides information and 

technology exchange in various areas of 

air pollution control. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Christian Fellner, Energy Strategies 

Group, Sector Policies and Programs 

Division (D243–01), U.S. EPA, Research 

Triangle Park, NC 27711; telephone 

number (919) 541–4003, facsimile 

number (919) 541–5450; email address: 

fellner.christian@epa.gov or Dr. Nick 

Hutson, Energy Strategies Group, Sector 

Policies and Programs Division (D243– 

01), U.S. EPA, Research Triangle Park, 

NC 27711; telephone number (919) 541– 

2968, facsimile number (919) 541–5450; 

email address: hutson.nick@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Overview 

In 2009, the EPA issued a finding that 

greenhouse gas (GHG) air pollution may 

reasonably be anticipated to endanger 

Americans’ public health and welfare, 

now and in the future, by contributing 

to climate change. In the notice of 

proposed rulemaking that was 

published on April 13, 2012 (April 2012 

document), the EPA proposed to limit 

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