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[Federal Register Volume 78, Number 181 (Wednesday, September 18, 2013)]
[Rules and Regulations]
[Pages 57267-57270]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22619]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2013-0511; FRL-9901-01-Region 7]

Approval and Promulgation of Implementation Plans; State of 
Missouri; Conformity of General Federal Actions to State Implementation 
Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve the State 
Implementation Plan (SIP) submitted by the state of Missouri on August 
12, 2011. This revision will update the state general conformity rule 
in its entirety to bring in into compliance with the Federal general 
conformity rule which was updated in the Federal Register on April 5, 
2010. General conformity regulations prohibit Federal agencies from 
taking actions that may cause or contribute to violations of the 
National Ambient Air Quality Standards (NAAQS). This rule applies to 
non-

[[Page 57268]]

attainment and maintenance areas of the state. The revision to 
Missouri's rule does not have an adverse affect on air quality. EPA's 
approval of this SIP revision is being done in accordance with the 
requirements of the Clean Air Act (CAA).

DATES: This direct final rule will be effective November 18, 2013, 
without further notice, unless EPA receives adverse comment by October 
18, 2013. 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-2013-0511, by one of the following methods:
    1. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    2. Email: bhesania.amy@epa.gov.
    3. Mail or Hand Delivery: Amy Bhesania, 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-
2013-0511. 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: Amy Bhesania at (913) 551-7147, or by 
email at bhesania.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. 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 the revision to the Missouri SIP submitted to EPA 
on August 12, 2011. Missouri's revision amends rule 10 CSR 10-6.300 
Conformity of General Federal Actions to State Implementation Plans, 
which updates the state general conformity This revision will update 
the state general conformity rule in its entirety to bring it into 
compliance with the amended Federal general conformity rule. EPA has 
conducted an analysis of the State's amendments and has concluded that 
these revisions do not adversely affect the stringency of the SIP or 
adversely impact air quality.

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 approving the revision to the Missouri SIP by approving the 
State's request to amend 10 CSR 10-6.300 Conformity of General Federal 
Actions to State Implementation Plans. Conformity of General Federal 
Actions prohibits Federal agencies from taking actions that may cause 
or contribute to violations of the National Ambient Air Quality 
Standards (NAAQS). This amendment improves the process entities use to 
demonstrate their actions will not contribute to a NAAQS violation, 
provides tools to encourage better communication and air quality 
planning between the state and Federal agencies, and encourages both 
Federal agencies and states to take early action to ensure projects 
will conform to SIPs. This rule applies to non-attainment and 
maintenance areas of the state. There are two revisions in the state 
rule that differ from the Federal rule. In 10 CSR 10-6.300 (3)(F)1.A. 
``Procedures for Conformity Determinations of General Federal 
Actions,'' the state has added that planning assumptions must be 
derived from estimates of current, as well as, future population. The 
second revision that differs from the Federal rule is in 10 CSR 10-
6.300 (3)(G)1, ``Mitigation of Air Quality Impacts.'' Language has been 
added that includes the identification and quantification of all 
emission reductions claimed for measures intended to mitigate air 
quality. In the same paragraph, language has been added that the 
process for implementation of these measures should include any 
necessary funding and tracking of emissions reductions. EPA has 
determined that these changes will not relax the SIP or adversely 
impact air quality.
    We are processing this action as a direct final action because the 
revisions do not adversely impact air quality, and 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.

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

[[Page 57269]]

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 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.
    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 November 18, 2013. 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 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, Incorporation by 
reference, Intergovernmental relations, Ozone, Particulate matter, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: August 16, 2013.
Karl Brooks,
Regional Administrator, Region 7.

    Chapter I, title 40 of the Code of Federal Regulations is amended 
as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart AA--Missouri

0
2. In Sec.  52.1320 the table in paragraph (c) is amended by revising 
the entry for 10-6.300 to read as follows:

Sec.  52.1320  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Missouri Regulations
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                                                             State
        Missouri citation                 Title         effective date   EPA approval date       Explanation
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                                    Missouri Department of Natural Resources
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                                                  * * * * * * *
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    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
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                                                  * * * * * * *
10-6.300.........................  Conformity of              07/31/11  09/18/13 [Insert     10-6.300(3)(F)1.A
                                    General Federal                      Federal Register     and 10-
                                    Actions to State                     page number where    6.300(3)(G)1
                                    Implementation                       the document         includes language
                                    Plans.                               begins].             that differs from
                                                                                              the Federal rule.
                                                  * * * * * * *
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[FR Doc. 2013-22619 Filed 9-17-13; 8:45 am]
BILLING CODE 6560-50-P
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