48998 Federal Register / Vol. 79, No. 160 / Tuesday, August 19, 2014 / Rules and Regulations 

appropriate circuit by October 20, 2014. 

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, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: July 21, 2014. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

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 F—California 

■ 2. Section 52.222, is amended by 

adding paragraph (a)(4)(ii)and (iii) to 

read as follows: 

§ 52.222 Negative declarations. 

* * * * * 

(a) * * * 

(4) * * * 

(ii) 

CTG source category Negative declaration—CTG reference document 

Aerospace ....................................... EPA–453/R–97–004—Control of VOC Emissions from Coating Operations at Aerospace Manufacturing 

and Rework Operations. 

Automobile and Light-duty Truck 

Assembly Coatings.

EPA–450/2–77–008—Control of Volatile Organic Emissions from Existing Stationary Sources—Volume II: 

Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks. 

EPA 450/R–08–006—Control Techniques Guidelines for Automobile and Light-duty Truck Assembly Coatings. 

Dry Cleaning (Petroleum) ............... EPA–450/3–82–009—Control of Volatile Organic Compound Emissions from Large Petroleum Dry Cleaners. 

Fiberglass Boat Manufacturing ....... EPA 453/R–08–004—Control Techniques Guidelines for Fiberglass Boat Manufacturing Materials.

Flexible Package Printing ............... EPA–453/R–06–003—Control Techniques Guidelines for Flexible Package Printing. 

Large Appliances Surface Coatings EPA–450/2–77–034—Control of Volatile Organic Emissions from Existing Stationary Sources, Volume V: 

Surface Coating of Large Appliances. 

EPA 453/R–07–004—Control Techniques Guidelines for Large Appliance Coatings. 

Magnetic Wire ................................. EPA–450/2–77–033—Control of Volatile Organic Emissions from Existing Stationary Sources, Volume IV: 

Surface Coating of Insulation of Magnetic Wire. 

Metal Furniture Coatings ................ EPA–450/2–77–032—Control of Volatile Organic Emissions from Existing Stationary Sources, Volume III: 

Surface Coating of Metal Furniture. 

EPA 453/R–07–005—Control Techniques Guidelines for Metal Furniture Coatings. 

Natural Gas/Gasoline ...................... EPA–450/2–83–007—Control of VOC Equipment Leaks from Natural Gas/Gasoline Processing Plants. 

Paper and Fabric ............................ EPA–450/2–77–008—Control of Volatile Organic Emissions from Existing Stationary Sources—Volume II: 

Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks . 

Paper, Film, and Foil Coatings ....... EPA 453/R–07–003—Control Techniques Guidelines for Paper, Film, and Foil Coatings. 

Pharmaceutical Products ................ EPA–450/2–78–029—Control of Volatile Organic Emissions from Manufacture of Synthesized Pharmaceutical Products. 

Refineries ........................................ EPA–450/2–77–025—Control of Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds. 

EPA–450/2–78–036—Control of VOC Leaks from Petroleum Refinery Equipment. 

Rubber Tires ................................... EPA–450/2–78–030—Control of Volatile Organic Emissions from Manufacture of Pneumatic Rubber Tires. 

Ships/Marine Coating ...................... EPA–453/R–94–032 Alternative Control Technology Document—Surface Coating Operations at Shipbuilding and Ship Repair Facilities and Ships 61 FR 44050 Shipbuilding and Ship Repair Operations 

(Surface Coating). 

Synthetic Organic Chemical ........... EPA–450/3–84–015—Control of VOC Emissions from Air Oxidation Processes in Synthetic Organic Chemical Manufacturing Industry. 

EPA–450/4–91–031—Control of VOC Emissions from Reactor Processes and Distillation Operations in 

SOCMI. 

(iii) Submitted on April 14, 2014 and 

adopted on February 13, 2014. 

* * * * * 

[FR Doc. 2014–19425 Filed 8–18–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2014–0582; FRL–9915–30– 

Region 7] 

Approval and Promulgation of 

Implementation Plans; State of 

Missouri, Certain Coals To Be Washed 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a revision to the State 

Implementation Plan (SIP) submitted by 

the State of Missouri on May 8, 2012, 

related to a Missouri rule titled ‘‘Certain 

Coals to be Washed.’’ This rule requires 

specified coals to be washed prior to 

sale in the St. Louis metropolitan area. 

This action amends the SIP to update an 

outdated reference in the rule. 


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Federal Register / Vol. 79, No. 160 / Tuesday, August 19, 2014 / Rules and Regulations 48999 

DATES: This direct final rule will be 

effective October 20, 2014, without 

further notice, unless EPA receives 

adverse comment by September 18, 

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–2014–0582, 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–2014– 

0582. 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, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 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 taking direct final action to 

approve a revision to the SIP submitted 

by the State of Missouri on May 8, 2012, 

related to Missouri rule 10 CSR 10– 

5.130, ‘‘Certain Coals to be Washed.’’ 

This rule requires specified coals to be 

washed prior to sale in the St. Louis 

metropolitan area. This action amends 

the SIP to update an outdated reference 

in the rule. Specifically, the reference in 

10 CSR 10–5.130(3) relating to Missouri 

rule 10 CSR 10–5.030, ‘‘Maximum 

Allowable Emission of Particulate 

Matter from Fuel Burning Equipment 

Used for Indirect Heating’’ was removed 

and replaced with a reference to 10 CSR 

10–6.405, ‘‘Restriction of Particulate 

Matter Emissions From Fuel Burning 

Equipment Used For Indirect Heating.’’ 

On September 13, 2012, EPA took action 

to amend the Missouri SIP which 

rescinded area specific indirect heating 

rules, 10 CSR 10–2.040, 10–3.060, 10– 

4.040, and 10–5.030 and added a new 

rule, 10 CSR 10–6.405 which 

consolidated the area rules into a single 

rule. 76 FR 56555. Today’s action 

approves the amendment which updates 

the reference to the current SIP 

approved rule. 

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 taking direct final action to 

approve this SIP revision. We are 

publishing 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 this SIP 

revision 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 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’’ under the terms of Executive 

Order 12866 (58 FR 51735, October 4, 

1993) and is therefore not subject to 

review under Executive Orders 12866 

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 


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49000 Federal Register / Vol. 79, No. 160 / Tuesday, August 19, 2014 / Rules and Regulations 

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 October 20, 2014. 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: August 7, 2014. 

Karl Brooks, 

Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency is amending 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 

(c) is amended by revising the entry 

under ‘‘Chapter 5—Air Quality 

Standards and Air Pollution Control 

Regulations for the St. Louis 

Metropolitan Area’’ for ‘‘10–5.130’’ 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 5—Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area 

*******

10–5.130 .. Certain Coals To Be Washed ............................... 05/30/2012 08/19/2014 [Insert Federal Register citation] 

* * * * * * * 


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Federal Register / Vol. 79, No. 160 / Tuesday, August 19, 2014 / Rules and Regulations 49001 

1Where the term ‘‘pollutant’’ is used, it refers to 

both pollutants and pollutant parameters. 

2For purposes of this rule, the term ‘‘EPAapproved methods’’ refers to methods that have 

been approved under 40 CFR part 136 or are 

required under 40 CFR chapter I, subchapter N or 

O. This includes analytical methods for CWA 

pollutants developed by EPA, voluntary consensus 

standards bodies (VCSBs), and other government 

agencies (such as the U.S. Geological Survey), as 

well as Alternate Test Procedures (ATPs) developed 

by commercial method developers for nation-wide 

use. These methods have been reviewed by EPA 

and approved for use in compliance monitoring 

under the CWA. EPA publishes lists of the EPA, 

VCSB, and other agency methods as well as ATPs 

that it has found to be acceptable for such use at 

40 CFR Part 136, and at 40 CFR Chapter I, 

subchapters N and O. As a point of clarification, 

this includes approved ATPs as described in 40 

CFR 136.4 and 136.5. 

* * * * * 

[FR Doc. 2014–19557 Filed 8–18–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 122 and 136 

[EPA–HQ–OW–2009–1019; FRL–9915– 

18–OW] 

RIN 2040–AC84 

National Pollutant Discharge 

Elimination System (NPDES): Use of 

Sufficiently Sensitive Test Methods for 

Permit Applications and Reporting 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing minor 

amendments to its Clean Water Act 

(CWA) regulations to codify that under 

the National Pollutant Discharge 

Elimination System (NPDES) program, 

permit applicants must use ‘‘sufficiently 

sensitive’’ analytical test methods when 

completing an NPDES permit 

application and the Director must 

prescribe that only ‘‘sufficiently 

sensitive’’ methods be used for analyses 

of pollutants or pollutant parameters 

under an NPDES permit. 

The final rule is based on 

requirements in the CWA and clarifies 

existing EPA regulations. It also codifies 

existing EPA guidance on the use of 

‘‘sufficiently sensitive’’ analytical 

methods with respect to measurement of 

mercury and extends the approach 

outlined in that guidance to the NPDES 

program more generally. Specifically, 

EPA is modifying existing NPDES 

application, compliance monitoring, 

and analytical methods regulations. The 

amendments in this rulemaking affect 

only chemical-specific methods; they do 

not apply to the Whole Effluent Toxicity 

(WET) methods or their use. 

DATES: These final regulations are 

effective September 18, 2014. For 

judicial review purposes, this final rule 

is promulgated as of 1:00 p.m. Eastern 

Time, on September 2, 2014, as 

provided in 40 CFR 23.2. 

ADDRESSES: The record for this 

rulemaking is available for inspection 

and copying at the Water Docket, 

located at the EPA Docket Center (EPA/ 

DC), EPA West 1301 Constitution Ave. 

NW., Washington, DC 20004. The record 

is also available via EPA Dockets at 

http://www.regulations.gov under 

docket number EPA–HQ–OW–2009– 

1019. The rule and key supporting 

documents are also available 

electronically on the Internet at http:// 

cfpub.epa.gov/npdes/ssmethods.cfm. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Some information, however, is 

not publicly available, e.g., confidential 

business information (‘‘CBI’’) or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is publicly available only in hard copy. 

Publicly available docket materials are 

available electronically in 

www.regulations.gov or in hard copy at 

the Water Docket, EPA Docket Center, 

EPA West, Room 3334, 1301 

Constitution Avenue 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 Water 

Docket is (202) 566–2426. 

FOR FURTHER INFORMATION CONTACT: For 

additional information, contact Kathryn 

Kelley, Water Permits Division, Office of 

Wastewater Management (4203M), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460; telephone number: (202) 

564–7004, email address: 

kelley.kathryn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Potentially Affected Parties 

B. Legal Authority 

II. Background 

III. Summary of Public Comments and EPA’s 

Response 

IV. The Final Rule 

V. Impacts 

VI. Compliance Dates 

VII. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

I. General Information 

A. Potentially Affected Parties 

In the NPDES program, point source 

dischargers obtain permits that are 

issued by EPA regions and authorized 

NPDES States, Territories, and Indian 

tribes (collectively referred to as 

‘‘permitting authorities’’). These point 

source dischargers include publicly 

owned treatment works (POTWs) and 

various industrial and commercial 

facilities (collectively referred to as 

‘‘NPDES applicants or permittees’’). 

Permitting authorities issue NPDES 

individual permits after analyzing the 

information contained in the 

application and making a determination 

that the application is ‘‘complete’’ under 

40 CFR 122.21(e). In the case of a 

general permit, authorization to be 

covered by the permit is given if the 

information submitted demonstrates 

eligibility for coverage under 40 CFR 

122.28. The NPDES permit prescribes 

the conditions under which the facility 

is allowed to discharge pollutants into 

waters of the United States and the 

conditions that will ensure the facility’s 

compliance with the CWA’s technologybased and water quality-based 

requirements. NPDES permits typically 

include restrictions on the mass and/or 

concentration of pollutants 1 that a 

permittee may discharge as well as 

requirements that the permittee conduct 

routine sampling and reporting of 

various parameters measured in the 

permitted discharge. In general, NPDES 

applicants and permittees are required 

to use EPA-approved methods 2 when 

measuring the pollutants in their 

discharges. 

The purpose of today’s final rule is to 

codify that where EPA-approved 

methods exist, NPDES applicants must 

use sufficiently sensitive EPA-approved 

analytical methods when quantifying 

the presence of pollutants in a 


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