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[Federal Register Volume 79, Number 248 (Monday, December 29, 2014)]
[Proposed Rules]
[Pages 77996-77998]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29869]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2014-0399; FRL-9920-67-Region 7]

Approval and Promulgation of Implementation Plans; State of 
Missouri; St. Louis Inspection and Maintenance Program

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) proposes to approve 
State Implementation Plan (SIP) revisions submitted by the State of 
Missouri relating to the Inspection and Maintenance (I/M) Program. On 
August 16, 2007, and December 7, 2007, the Missouri Department of 
Natural Resources (MDNR) requested to amend the SIP to replace the St. 
Louis centralized transient I/M240 vehicle test program Gateway Clean 
Air Program (GCAP) and associated state rule with a de-centralized, OBD 
only vehicle I/M program called, the Gateway Vehicle Inspection Program 
(GVIP), and a new I/M rule reflecting these changes. In this action, 
EPA is also proposing approval of three additional SIP revisions 
submitted by Missouri related to the state's I/M program including 
minor clarification edits to the new I/M rule, exemptions for specially 
constructed vehicles or ``kit-cars,'' exemptions for Plugin Hybrid 
Electric Vehicles (PHEV), and rescission of Missouri State Highway 
Patrol rules from the Missouri SIP.
    These revisions to Missouri's SIP do not have an adverse effect on 
air quality as demonstrated in the technical support document which is 
a part of this docket. EPA's approval of these SIP revisions is being 
done in accordance with the requirements of the Clean Air Act (CAA).

DATES: Comments must be received on or before January 28, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2014-0399, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: brown.steven@epa.gov
    3. Mail or Hand Delivery or Courier: Steven Brown, 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-
2014-0399. 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 information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web

[[Page 77997]]

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 electronic docket are listed in the 
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 
in www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219. EPA requests that you contact the person listed 
in the FOR FURTHER INFORMATION CONTACT section to schedule your 
inspection. 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: Steven Brown Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219 at (913) 551-7718, or by email at 
brown.steven@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?
II. Have the requirements for approval of a SIP revision been met?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is being addressed?

    EPA is proposing approval into the SIP, revisions to St. Louis 
vehicle I/M program to replace the centralized, transient I/M240 
vehicle I/M program (GCAP) with the de-centralized, OBD only, vehicle 
I/M program (GVIP). MDNR submitted to EPA five SIP revision submissions 
to address the vehicle I/M program replacement and associated state 
rule plus one supplemental demonstration. They are as follows:
    On August 16, 2007, MDNR requested that Missouri Rule 10 CSR 10-
5.380, ``Motor Vehicle Emissions Inspection'' be rescinded and replaced 
with the new rule 10 CSR 10-5.381, ``On-Board Diagnostics Motor Vehicle 
Emissions Inspection.'' In that same submittal letter, MDNR also 
requested that Missouri Rule 10 CSR 10-5.375, ``Motor Vehicles 
Emissions Inspection Waiver'' be rescinded. EPA does not plan on taking 
any action on 10 CSR 10-5.375 as it is not a part of the SIP.
    On December 14, 2007, MDNR submitted the new GVIP plan and 
performance standard demonstration to show that the GVIP program meets 
the basic requirements as described in 40 CFR part 51 subpart S. This 
submission also requests that EPA approve the plan to replace the GCAP 
I/M program with the new GVIP program.
    On December 21, 2007, Missouri submitted a revision requesting that 
the Missouri State Highway Patrol rules be removed from the Missouri 
SIP because the new rule 10 CSR 10-5.381 does not rely on the Missouri 
Highway Patrol rules for enforcement. More details can be found in the 
technical support document that is a part of this docket.
    On January 2, 2009, MDNR submitted a required supplemental 
demonstration for I/M network type and program evaluation as required 
by 40 CFR 51.353. This demonstration is required within one year after 
the I/M program begins.
    On June 17, 2009, Missouri submitted a revision to I/M rule 10 CSR 
10-5.381 which includes minor clarification edits and exempts specially 
constructed vehicles or ``kit-cars'' from the rule.
    On December 10, 2012, Missouri submitted another revision to exempt 
Plugin Hybrid Electric Vehicles (PHEV) from the I/M program as codified 
in rule 10 CSR 10-5.381. As part of our review, EPA performed a 
separate analysis of all the state's SIP submissions and a cumulative 
analysis as documented in the technical support document that is part 
of this docket.

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, as explained in this proposed action and in more detail in 
the technical support document which is part of this docket, the 
revisions meet the substantive SIP requirements of the CAA, including 
section 110(l) and implementing regulations. EPA has determined that 
the revisions meet all applicable CAA regulations, policy and guidance 
as detailed in the technical support document.

III. What action is EPA taking?

    EPA is proposing to approve these SIP revisions. While these SIP 
revisions were submitted in separate requests, they are direct changes 
to the St. Louis Vehicle Inspection Program and are being addressed in 
one SIP action. We are processing this as a proposed action. Final 
rulemaking will occur after consideration of any comments provided in 
response to this proposal.

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 
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:
     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 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);

[[Page 77998]]

     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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: December 10, 2014.
Becky Weber,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, the Environmental 
Protection Agency proposes to amend 40 CFR part 52 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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 removing 
the entry ``10-5.380'' and adding the entry ``10-5.381'' to read as 
follows:

Sec.  52.1320  Identification of Plan.

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    (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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                                                  * * * * * * *
   Chapter 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
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                                                  * * * * * * *
10-5.381.................  On-Board Diagnostics        12/30/12  12/29/14 [Insert
                            Motor Vehicle                         Federal Register
                            Emissions                             citation].
                            Inspection.
 
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[FR Doc. 2014-29869 Filed 12-24-14; 8:45 am]
BILLING CODE 6560-50-P
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