Federal Register / Vol. 77, No. 73 / Monday, April 16, 2012 / Rules and Regulations 22497 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves 

establishing a safety zone and as such is 

not categorically excluded, under figure 

2–1, paragraph (34)(g) of the Instruction. 

An environmental analysis checklist 

and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR Part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat.2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add a temporary § 165.T08–0032 to 

read as follows: 

§ 165.T08–0032 Safety Zone; Lake 

Pontchartrain, New Orleans, LA. 

(a) Location. The following area is a 

temporary safety zone: All waters on the 

South shores of Lake Pontchartrain 

adjacent to the East bank of Lakefront 

Airport runways, extending along the 

Southern banks of the Lake, and 

including the Inner Harbor Navigational 

Canal entrance to Lake Pontchartrain. 

The coordinates are: Latitude 30° 02′ 

38.37′′ N, longitude 90° 01′ 53.56′′ W to 

latitude 30° 02′38.37′′ N, longitude 90° 

04′ 10.05′′ W to latitude 30° 02′07.71′′ N, 

longitude 90° 04′ 10.05′′ W to latitude 

30° 02′07.71′′ N, longitude 90° 01′ 53.56′′ 

W. 

(b) Effective Dates. This rule is 

effective April 19, 2012 through April 

22, 2012 daily between the hours of 

10 a.m. and 5 p.m. local time. 

(c) Regulations. (1) In accordance with 

the general regulations in 33 CFR part 

165 Subpart C of this title, entry into 

this zone is prohibited unless 

authorized by the Captain of the Port 

New Orleans. The Captain of the Port 

New Orleans may be contacted at (504) 

365–2543. 

(2) Vessels requiring entry into or 

passage through the Safety Zone must 

request permission from the Captain of 

the Port New Orleans, or a designated 

representative. They may be contacted 

on VHF 16, or by telephone at (504) 

365–2543. 

(3) All persons and vessels shall 

comply with the instructions of the 

Captain of the Port New Orleans and 

designated personnel. Designated 

personnel include commissioned, 

warrant, and petty officers of the U.S. 

Coast Guard assigned to units under the 

operational control of USCG Sector New 

Orleans. 

Dated: April 4, 2012. 

J.J. Arenstam, 

Captain, U.S. Coast Guard, Acting Captain 

of the Port New Orleans. 

[FR Doc. 2012–9050 Filed 4–13–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2012–0073; FRL–9651–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Illinois; 

Small Container Exemption From VOC 

Coating Rules 

AGENCY: Environmental Protection 

Agency (EPA). 


emcdonald on DSK29S0YB1PROD with RULES
22498 Federal Register / Vol. 77, No. 73 / Monday, April 16, 2012 / Rules and Regulations 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a revision to 

the Illinois State Implementation plan 

(SIP) submitted by the Illinois 

Environmental Protection Agency 

(Illinois EPA) on November 14, 2011. 

This SIP revision consists of 

amendments to the Illinois 

Administrative Code (Ill. Adm. Code) by 

adding a ‘‘small container exemption’’ 

for pleasure craft surface coating 

operations in the Chicago and MetroEast St. Louis 8-hour ozone 

nonattainment areas. These exemptions 

are approvable because they are 

consistent with EPA volatile organic 

compound (VOC) reasonably available 

control technology (RACT) policy. 

DATES: This direct final rule will be 

effective June 15, 2012, unless EPA 

receives adverse comments by May 16, 

2012. If adverse comments are received, 

EPA 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–R05– 

OAR–2012–0073, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: aburano.douglas@epa.gov. 

3. Fax: (312) 408–2279. 

4. Mail: Douglas Aburano, Chief, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

U.S. Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: Douglas Aburano, 

Chief, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

Such deliveries are only accepted 

during the Regional Office normal hours 

of operation, and special arrangements 

should be made for deliveries of boxed 

information. The Regional Office official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2012– 

0073. 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 

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, 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, 

Region 5, Air and Radiation Division, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Steven 

Rosenthal, Environmental Engineer, at 

(312) 886–6052 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Steven Rosenthal, Environmental 

Engineer, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–6052, 

rosenthal.steven@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. Background 

II. What action is EPA taking and what is the 

basis for this action? 

III. Statutory and Executive Order Reviews 

I. Background 

On November 14, 2011, Illinois EPA 

submitted a revision to its ozone SIP. 

This revision consists of an amendment 

to 35 Ill. Adm. Code sections 218.208 

(Exemptions from VOC Emission 

Limitations for Coating Operations for 

the Chicago 8-hour ozone 

nonattainment area) and 219.208 

(Exemptions from VOC Emission 

Limitations for Coating Operations for 

the Metro-East St. Louis 8-hour ozone 

nonattainment area) by adding a ‘‘small 

container exemption’’ for pleasure craft 

surface coating operations. EPA 

previously approved sections 218.208(c) 

and 219.208(c) which specify that 

Illinois’ surface coating VOC emission 

limitations shall not apply to touch-up 

and repair coatings used by a can, coil, 

vinyl, metal furniture and magnet wire 

coating operation, provided that the 

source-wide volume of such coatings 

used does not exceed 1 quart per 8-hour 

period or exceed 55 gallons/year for any 

rolling 12 month period. (61 FR 5511 on 

February 13, 1996). The SIP revision 

which is the subject of this action 

extends the exemption in sections 

218.208(c) and 219.208(c) to the 

pleasure craft surface coating limits set 

out in sections 218.204(q)(5) and 

219.204(q)(5). Illinois’ SIP revision also 

amends 35 Ill. Adm. Code 218.208(e) 

and 219.208(e), the recordkeeping and 

reporting provisions, to add pleasure 

craft coating operations that are 

exempted from the limitations in 

218.204(q) and 219.204(q) to the coating 

operations subject to recordkeeping 

requirements. Sections 218.208(e) and 

219.208(e) contain sufficient 

recordkeeping requirements to establish 

whether these exemptions have been 

exceeded. 

II. What action is EPA taking and what 

is the basis for this action? 

EPA is approving the State’s request 

to add a ‘‘small container exemption’’ 

for pleasure craft surface coating 

operations in the Chicago and MetroEast St. Louis 8-hour ozone 

nonattainment areas for the reasons 

stated below. 

EPA published the Miscellaneous 

Metal and Plastic Part Coatings Control 

Technique Guidelines (MMPPC CTG) on 

October 7, 2008 (73 FR 58486). Members 

of the pleasure craft coatings industry 

contacted EPA requesting 

reconsideration of the pleasure craft 

VOC limits contained in EPA’s 2008 

MMPPC CTG. In response, EPA issued 

a memorandum on June 1, 2010, titled 

‘‘Control Technique Guidelines for 

Miscellaneous Metal and Plastic Part 

Coatings—Industry Request for 


emcdonald on DSK29S0YB1PROD with RULES
Federal Register / Vol. 77, No. 73 / Monday, April 16, 2012 / Rules and Regulations 22499 

Reconsideration,’’ recommending that 

the pleasure craft industry work with 

State agencies during their RACT rule 

development process to assess what is 

reasonable for the specific sources 

regulated. EPA stated that States can use 

the recommendations from the MMPPC 

CTG to inform their own determinations 

as to what constitutes RACT for 

pleasure craft coating operations in their 

particular ozone nonattainment area. As 

stated in the memorandum, EPA will 

evaluate State-developed RACT rules 

and determine whether the submitted 

rules meet the RACT requirements of 

the Clean Air Act (CAA). 

In 2010 and 2011 Illinois promulgated 

rules on VOC RACT emission 

limitations for coating operations (See 

November 30, 2011 proposed approval 

at 76 FR 74014). During that rulemaking 

the American Coatings Association 

(ACA) commented to Illinois EPA that 

many VOC coating regulations include a 

small container exemption not to exceed 

a liter or a quart. The ACA stated that 

the basis for these exemptions is to 

allow for small repairs and touch ups to 

existing coatings at the end of the 

painting line to avoid having to 

completely recoat the product, thus 

resulting in lower VOC emissions 

overall and supported a small container 

exemption for pleasure craft coating 

operations. 

As a result of this comment and EPA’s 

June 2010 memorandum discussing the 

CTG and the pleasure craft industry, 

Illinois EPA amended its small 

container exemptions to add the 

pleasure craft coating operations. These 

exemptions limit the quantity of touchup and repair coatings used to a 

maximum quantity of 55 gallons per 

year of such coatings. 

Illinois’ approach is generally 

consistent with EPA’s August 10, 1990, 

policy memorandum regarding an 

allowed ‘‘Exemption for Low-Use 

Coatings’’ which states that ‘‘[a] low-use 

exemption for specialty or other 

coatings may be reasonable for a source 

that uses small quantities for 

intermittent or specialty-type 

operations.’’ In this policy EPA stated 

that a plant-wide cutoff of 55 gallons per 

rolling 12-month period for all low-use 

coatings in the aggregate used at a 

facility is reasonable. Also, EPA has 

previously approved the small container 

exemption for Illinois’ can, coil, vinyl, 

metal furniture and magnet wire coating 

operations. 

EPA concludes that Illinois’ small 

container exemption for pleasure craft 

coating operations added to 35 Ill. Adm. 

Code sections 218.208 and 219.208 

satisfies RACT requirements of the 

CAA. As noted above, the exemption is 

for a source category identified by EPA 

as appropriate for state consideration 

and development of what is reasonable 

for the specific source category, the 

exemption may result in lower 

emissions because allowing higher VOC 

touch-up and repair coatings could 

result in less total coating use (and 

lower overall VOC emissions) and the 

exemption is restricted to no more than 

55 gallons per year of these coatings, 

which is consistent with EPA’s policy 

on exemptions for low-use coatings. 

We are publishing this action without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

state plan if relevant adverse written 

comments are filed. This rule will be 

effective June 15, 2012 without further 

notice unless we receive relevant 

adverse written comments by May 16, 

2012. If we receive such comments, we 

will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. If we do not receive any 

comments, this action will be effective 

June 15, 2012. 

III. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 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 


emcdonald on DSK29S0YB1PROD with RULES
22500 Federal Register / Vol. 77, No. 73 / Monday, April 16, 2012 / Rules and Regulations 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by June 15, 2012. 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, 

Volatile organic compounds. 

Dated: March 12, 2012. 

Bharat Mathur, 

Acting Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart O—Illinois 

■ 2. § 52.720 is amended by adding 

paragraph (c)(190) to read as follows: 

§ 52.720 Identification of plan. 

* * * * * 

(c) * * * 

(190) On November 14, 2011, the 

Illinois Environmental Protection 

Agency (Illinois EPA) submitted 

amendments to 35 Illinois 

Administrative Code 218.208 and 

219.208. These sections add a ‘‘small 

container exemption’’ for pleasure craft 

surface coating operations in the 

Chicago and Metro-East St. Louis 8-hour 

ozone nonattainment areas. These 

exemptions are consistent with EPA 

volatile organic compound (VOC) 

reasonably available control technology 

(RACT) policy. 

(i) Incorporation by reference. The 

following sections of Illinois 

Administrative Code, Title 35: 

Environmental Protection, Subtitle B: 

Air Pollution, Chapter 1: Pollution 

Control Board, Subchapter c: Emission 

Standards and Limitations for 

Stationary Sources, are incorporated by 

reference. 

(A) Part 218: Organic Material 

Emission Standards and Limitations for 

the Chicago Area, Subpart F: Coating 

Operations, Section 218.208 Exemptions 

From Emission Limitations; effective 

October 25, 2011. 

(B) Part 219: Organic Material 

Emission Standards and Limitations for 

the Metro East Area, Subpart F: Coating 

Operations, Section 219.208 Exemptions 

From Emission Limitations; effective 

October 25, 2011. 

[FR Doc. 2012–8952 Filed 4–13–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2011–0825; FRL–9657–8] 

Approval and Promulgation of State 

Implementation Plans; Missouri: 

Prevention of Significant Deterioration; 

Greenhouse Gas Tailoring Rule; New 

Source Review Reform 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving revisions to 

the Missouri State Implementation Plan 

(SIP) relating to regulation of 

Greenhouse Gases (GHGs) under 

Missouri’s Prevention of Significant 

Deterioration (PSD) program, and to 

other portions of Missouri’s New Source 

Review (NSR) program. The GHGrelated SIP revisions are designed to 

align Missouri’s regulations with the 

GHG emission thresholds established in 

EPA’s ‘‘PSD and Title V Greenhouse Gas 

Tailoring Final Rule,’’ which EPA 

issued by notice dated June 3, 2010. The 

other NSR revisions are to the 

Construction Permits Required Rule and 

the Emissions Banking and Trading 

Rule and are intended to address 

changes to the Federal NSR regulations, 

which were promulgated by EPA on 

December 31, 2002 (the NSR Reform 

rules). In today’s action, EPA is 

approving both the GHG (as it relates to 

the PSD program) and NSR revisions 

because the Agency has determined that 

these SIP revisions, already adopted by 

Missouri as final effective rules, are in 

accordance with the Clean Air Act (CAA 

or Act) and EPA regulations regarding 

PSD permitting for GHGs and NSR. 

DATES: This final rule is effective on 

May 16, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R07–OAR– 

2011–0825. All documents in the docket 

are listed on the http:// 

www.regulations.gov web site. 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, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically at http:// 

www.regulations.gov or in hard copy at 

the Air Planning and Development 

Branch, Air and Waste Management 

Division, U.S. Environmental Protection 

Agency, Region 7, 901 North 5th Street, 

Kansas City, Kansas 66101. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8 a.m. to 4:30 

p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding the GHG portion 

of the Missouri SIP, contact Mr. Larry 

Gonzalez, Air Planning and 

Development Branch, Air and Waste 

Management Division, U.S. 

Environmental Protection Agency, 

Region 7, 901 North 5th Street, Kansas 

City, Kansas 66101. Mr. Gonzalez’s 

telephone number is (913) 551–7041, 

and his email address is 

gonzalez.larry@epa.gov. For information 

regarding the NSR Reform portion of the 

Missouri SIP, contact Ms. Amy 

Bhesania, Air Planning and 

Development Branch, Air and Waste 

Management Division, U.S. 

Environmental Protection Agency, 

Region 7, 901 North 5th Street, Kansas 

City, Kansas 66101. Ms. Bhesania’s 

telephone number is (913) 551–7147, 

and her email address is 

bhesania.amy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

or ‘‘our’’ refer to EPA. 

Table of Contents 

I. What GHG-related final action is EPA 

taking in this final rule? 

II. What is the background for the GHGrelated PSD SIP approval in this final 

rule? 

III. GHG-Related Final Action 

IV. What NSR reform-related final action is 

EPA taking in this final rule? 

V. What is the background for the NSR 

reform-related approval in this final 

rule? 

VI. NSR Reform-Related Final Action 


emcdonald on DSK29S0YB1PROD with RULES