55548 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations 

EPA-APPROVED MISSOURI REGULATIONS—Continued 

Missouri citation Title State effective 

date EPA approval date Explanation 

*******

10–6.390 ................. Control of NOX Emissions from Large 

Stationary Internal Combustion Engines.

10/30/13 9/16/15, [Insert Federal Register citation].

* * * * * * * 

* * * * * 

[FR Doc. 2015–23178 Filed 9–15–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R07–OAR–2015–0543; FRL–9933–95– 

Region 7] 

Approval and Promulgation of Air 

Quality Implementation Plans for 

Designated Facilities and Pollutants; 

Missouri; Sewage Sludge Incinerators 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the state 

plan for designated facilities and 

pollutants developed under sections 

111(d) and 129 of the Clean Air Act for 

the State of Missouri. This direct final 

action will amend the state plan to 

include a new plan and associated rule 

implementing emission guidelines for 

Sewage Sludge Incinerators published 

in the Federal Register on March 21, 

2011. 

DATES: This direct final rule will be 

effective November 16, 2015, without 

further notice, unless EPA receives 

adverse comment by October 16, 2015. 

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–2015–0543, by one of the 

following methods: 

1. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: higbee.paula@epa.gov 

3. Mail or Hand Delivery: Paula 

Higbee, 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–2015– 

0543. EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e. 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, the full EPA public comment 

policy, information about CBI or 

multimedia submissions, and general 

guidance on making effective 

comments, please visit http://

www2.epa.gov/dockets/commentingepa-dockets. 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 a.m. to 4:30 p.m., 

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: 

Paula Higbee, Environmental Protection 

Agency, Air Planning and Development 

Branch, 11201 Renner Boulevard, 

Lenexa, Kansas 66219 at 913–551–7028 

or by email at higbee.paula@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

or ‘‘our’’ refer to EPA. This section 

provides additional information by 

addressing the following: 

I. Background 

II. Analysis of State Submittal 

III. What Action is EPA taking? 

I. Background 

The Clean Air Act (CAA) requires that 

state regulatory agencies implement the 

emission guidelines and compliance 

times using a state plan developed 

under sections 111(d) and 129 of the 

CAA. Section 111(d) establishes general 

requirements and procedures on state 

plan submittals for the control of 

designated pollutants. Section 129 

requires emission guidelines to be 

promulgated for all categories of sewage 

sludge incineration units, including 

sewage sludge incineration (SSI) units. 

Section 129 mandates that all plan 

requirements be at least as protective 

and restrictive as the promulgated 

emission guidelines. This includes fixed 

final compliance dates, fixed 

compliance schedules, and Title V 

permitting requirements for all affected 

sources. Section 129 also requires that 

state plans be submitted to EPA within 

one year after EPA’s promulgation of the 


Lhorne on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations 55549 

emission guidelines and compliance 

times. 

On March 21, 2011, the EPA 

established emission guidelines and 

compliance times for existing SSI units. 

The emission guidelines and 

compliance times are codified at 40 CFR 

60, Subpart MMMM. 

The state is issuing a new rule, 10 

CSR 10–6.191 for SSI to meet its 

obligation for this Federal rule. The new 

rule incorporates by reference the 

Federal rule. The revised state plan is 

being issued concurrently with this new 

rulemaking. 

The state originally submitted the 

adopted plan and corresponding state 

rule to EPA on April 29, 2013. After 

submission to EPA, Missouri became 

aware of errors in the state plan and 

resubmitted a corrected version of the 

plan which EPA received on September 

20, 2013. EPA has analyzed the 

corrected version. 

II. Analysis of State Submittal 

The emission guidelines and 

compliance times are codified in 40 CFR 

60, subpart MMMM. State plans must 

contain specific information and the 

legal mechanisms necessary to 

implement the emission guidelines and 

compliance times. The requirements are 

as follows: 

• Inventory of affected SSI units, 

including to the best of the state’s 

knowledge, SSI units that have shut 

down and are capable of restarting. 

• Inventory of emissions from 

affected SSI units in Missouri. 

• Compliance schedules for all 

affected SSI units with a final 

compliance date no later than March 

21, 2016 or three (3) years after the 

effective date of state plan approval, 

whichever is earlier. 

• Emission limitations, emission 

standards, operator training and 

qualification requirements, and 

operating limits for affected SSI units 

that are at least as protective as the 

emission guidelines contained in 

Subpart MMMM. 

• Testing, monitoring, and inspection 

requirements at least as protective as 

those in the emission guidelines. 

• Performance testing, reporting and 

recordkeeping requirements at least as 

protective as those in the emission 

guidelines. 

• Certification that the hearing on the 

State plan was held, a list of witnesses 

and organizational affiliations, if any, 

appearing at the hearing, and a brief 

written summary of each presentation or 

written submission. 

• Provision for State progress reports 

to EPA. 

• Identification of enforceable State 

mechanisms that were selected for 

implementing the emission guidelines of 

Subpart MMMM. 

• Demonstration of Missouri’s legal 

authority to carry out the sections 

111(d) and 129 State plan. 

The Missouri plan includes 

documentation that all of these 

requirements have been met. The 

emission limits, testing, monitoring, 

reporting and recordkeeping 

requirements, and other aspects of the 

Federal rule have been adopted by 

reference. Missouri rule 10 CSR 10– 

6.191 contains the applicable 

requirements for SSI units. The state 

provided documentation that it 

complied with the public notice and 

comment requirements of 40 CFR part 

60 Subpart MMMM. 

III. What action is EPA taking? 

Based on the rationale discussed 

above, EPA is approving Missouri’s 

111(d) plan for Sewage Sludge 

Incinerators received on September 20, 

2013. We are publishing this direct final 

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 this 

Federal Register, we are publishing a 

separate document that will serve as the 

proposed rule to approve the revision to 

the 111(d) plan. 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 Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review under 

Executive Orders 12866 and 13563 (76 

FR 3821, January 21, 2011). This action 

is also not subject to Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this 

rulemaking will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). Because this rulemaking would 

approve pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it 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). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

This action also does not have 

Federalism implications because it does 

not have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). Thus Executive Order 

13132 does not apply to this action. 

This action merely approves a state rule 

implementing a Federal standard, and 

does not alter the relationship or the 

distribution of power and 

responsibilities established in the CAA. 

This rulemaking also is not subject to 

Executive Order 13045, ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997) because it approves a 

state rule implementing a Federal 

standard. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the CAA. In this context, in the absence 

of a prior existing requirement for the 

State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a state submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA when it reviews a state submission, 

to use VCS in place of a state 

submission that otherwise satisfies the 

provisions of the CAA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This action does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 


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55550 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations 

U.S.C. 3501 et seq.). Burden is defined 

at 5 CFR 1320.3(b). 

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 proposed rule 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 16, 2015. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule 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 final 

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 62 

Environmental protection, Air 

pollution control, Administrative 

practice and procedure, 

Intergovernmental relations, Reporting 

and recordkeeping requirements, 

Sewage sludge incinerators. 

Dated: September 3, 2015. 

Becky Weber, 

Acting Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 62 

as set forth below: 

PART 62—APPROVAL AND 

PROMULGATION OF STATE PLANS 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

■ 1. The authority citation for part 62 

continues to read as follows: 

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

Subpart AA—Missouri 

■ 2. Add § 62.6363 and an undesignated 

center heading to read as follows: 

Air Emissions from Sewage Sludge 

Incinerator Units 

§ 62.6363 Identification of plan. 

(a) On September 20, 2013, EPA 

received the Missouri Department of 

Natural Resources (MDNR) section 

111(d)/129 plan for implementation and 

enforcement of 40 CFR part 60, subpart 

MMMM, Emission Guidelines and 

Compliance Times for Existing Sewage 

Sludge Incineration Units. 

(b) Identification of sources: The plan 

applies to existing sewage sludge 

incineration (SSI) units that: 

(1) Commenced construction on or 

before October 14, 2010, or 

(2) Commenced a modification on or 

before September 21, 2011, primarily to 

comply with Missouri’s plan, and 

(3) Meets the definition of a SSI unit 

defined in MDNR’s plan 

(c) The effective date of the plan for 

existing sewage sludge incineration 

units is February 5, 2013. 

(1) A revision to Missouri’s 111(d) 

plan to incorporate state regulation 10 

CSR 10–6.191 Sewage Sludge 

Incinerators was state effective May 30, 

2013. The effective date of the amended 

plan is November 16, 2015. 

(2) [Reserved] 

[FR Doc. 2015–23296 Filed 9–15–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 593 

[Docket No. NHTSA–2015–0087] 

List of Nonconforming Vehicles 

Decided to be Eligible for Importation 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), DOT. 

ACTION: Final rule. 

SUMMARY: This document revises the list 

of vehicles not originally manufactured 

to conform to the Federal Motor Vehicle 

Safety Standards (FMVSS) that NHTSA 

has decided to be eligible for 

importation. This list is published in an 

appendix to the agency’s regulations 

that prescribe procedures for import 

eligibility decisions. The list has been 

revised to add all vehicles that NHTSA 

has decided to be eligible for 

importation since October 1, 2014, and 

to remove all previously listed vehicles 

that are now more than 25 years old and 

need no longer comply with all 

applicable FMVSS to be lawfully 

imported. NHTSA is required by statute 

to publish this list annually in the 

Federal Register. 

DATES: The revised list of import eligible 

vehicles is effective on September 16, 

2015. 

FOR FURTHER INFORMATION CONTACT: 

George Stevens, Office of Vehicle Safety 

Compliance, NHTSA, (202) 366–5308. 

SUPPLEMENTARY INFORMATION: Under 49 

U.S.C. 30141(a)(1)(A), a motor vehicle 

that was not originally manufactured to 

conform to all applicable FMVSS shall 

be refused admission into the United 

States unless NHTSA has decided that 

the motor vehicle is substantially 

similar to a motor vehicle originally 

manufactured for importation into and 

sale in the United States, certified under 

49 U.S.C. 30115, and of the same model 

year as the model of the motor vehicle 

to be compared, and is capable of being 

readily altered to conform to all 

applicable FMVSS. Where there is no 

substantially similar U.S.-certified 

motor vehicle, 49 U.S.C. 30141(a)(1)(B) 

permits a nonconforming motor vehicle 

to be admitted into the United States if 

its safety features comply with, or are 

capable of being altered to comply with, 

all applicable FMVSS based on 

destructive test data or such other 

evidence as the Secretary of 

Transportation decides to be adequate. 

Under 49 U.S.C. 30141(a)(1), import 

eligibility decisions may be made ‘‘on 

the initiative of the Secretary of 

Transportation or on petition of a 

manufacturer or importer registered 

under [49 U.S.C. 30141(c)].’’ The 

Secretary’s authority to make these 

decisions has been delegated to NHTSA. 

The agency publishes notices of 

eligibility decisions as they are made. 

Under 49 U.S.C. 30141(b)(2), a list of 

all vehicles for which import eligibility 

decisions have been made must be 

published annually in the Federal 

Register. On October 1, 1996, NHTSA 

added the list as an appendix to 49 CFR 

part 593, the regulations that establish 

procedures for import eligibility 

decisions (61 FR 51242). As described 

in the notice, NHTSA took that action 

to ensure that the list is more widely 

disseminated to government personnel 


Lhorne on DSK5TPTVN1PROD with RULES