Federal Register / Vol. 81, No. 186 / Monday, September 26, 2016 / Rules and Regulations 65897 

provisions of the Cultural and Heritage 

Cooperation Authority (25 U.S.C. 

3057(b)). 

Dated: July 29, 2016. 

Thomas L. Tidwell, 

Chief, Forest Service. 

[FR Doc. 2016–22929 Filed 9–23–16; 8:45 am] 

BILLING CODE 3411–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2015–0835; FRL 9952–79– 

Region 7] 

Approval of Air Quality Implementation 

Plans; Missouri State Implementation 

Plan for the 2008 Lead Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a revision to the State 

Implementation Plan (SIP) for the State 

of Missouri. This final action will 

approve Missouri’s SIP for the lead 

National Ambient Air Quality Standard 

(NAAQS) received by EPA on October 

20, 2014. EPA proposed approval of this 

plan on February 29, 2016. The 

applicable standard addressed in this 

action is the lead NAAQS promulgated 

by EPA in 2008. EPA believes that the 

SIP submitted by the state satisfies the 

applicable requirements of the Clean Air 

Act (CAA) identified in EPA’s Final 

Rule published in the Federal Register 

on October 15, 2008, and will bring the 

area surrounding the Exide 

Technologies Canon Hollow facility in 

Forest City, Missouri, into attainment of 

the 0.15 microgram per cubic meter 

(ug/m3) lead NAAQS. 

DATES: This final rule is effective on 

October 26, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2015–0835. 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 through www.regulations.gov 

or please contact the person identified 

in the FOR FURTHER INFORMATION

CONTACT section for additional 

information. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Doolan, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

(913) 551–7719, or by email at 

doolan.stephanie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

or ‘‘our’’ refer to EPA. 

Table of Contents 

I. What is being addressed in this document? 

II. Have the requirements for approval of a 

SIP revision been met? 

III. EPA’s Response to Comments 

IV. What action is EPA taking? 

I. What is being addressed in this 

document? 

In this document, EPA is granting 

final approval of Missouri’s SIP to 

address violations of the lead NAAQS 

near the Exide Technologies—Canon 

Hollow facility in Holt County, 

Missouri. The applicable standard 

addressed in this action is the lead 

NAAQS promulgated by EPA in 2008. 

The applicable requirements of the CAA 

identified in EPA’s Final Rule (73 FR 

66964, October 15, 2008), and will bring 

the area into compliance with the 0.15 

microgram per cubic meter (ug/m3) lead 

NAAQS. EPA’s proposal containing the 

background information for this action 

can be found at 81 FR 10182, February 

29, 2016. 

II. Have the requirements for the 

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. EPA’s Response to Comments 

The public comment period on EPA’s 

proposed rule opened February 29, 

2016, the date of its publication in the 

Federal Register, and closed on March 

30, 2016. During this period, EPA 

received two comments posted 

anonymously to the Regulations.gov 

Web site. 

One comment pertains to mold in 

indoor air and not the subject of the 

proposed approval of the SIP revision to 

address lead in ambient air. Because the 

comment is anonymous, EPA is unable 

to contact the commenter directly to 

offer assistance. However, EPA offers 

that the commenter may contact Ms. 

Gina Grier of EPA Region 7 directly at 

(913) 551–7078 for more information 

and assistance on the commenter’s 

concerns about mold. 

The second comment states that he/ 

she is in agreement with EPA’s 

proposed action to approve the revision 

to the SIP and the commenter offers two 

suggestions. The first suggestion is to 

estimate the cost of water washing to 

clean haul routes on the facility 

property and the second is a concern 

that limiting truck traffic on the facility 

property may reduce the resources 

purchased in the state of Missouri. 

EPA’s response to the first suggestion 

regarding water washing to clean the onsite haul routes is that the use of water 

to remove lead from on-site roads was 

studied and determined to be a costeffective and necessary strategy to 

control lead during the development of 

the National Emissions Standards for 

Hazardous Air Pollutants (NESHAP) for 

Secondary Lead Smelters, promulgated 

January 5, 2012 (77 FR 580). Because the 

Exide Canon Hollow facility is a 

secondary lead smelter, it must comply 

with the requirements of this rule, 

including, among other things, the 

requirement to conduct twice daily 

water washing of on-site haul routes. 

This cleaning is necessary to control 

lead-containing dust in order to meet 

the 2008 lead NAAQS. The NESHAP is 

related to the NAAQS in that the 

NESHAP requires attainment of the 

same 0.15 ug/m3 standard for lead at the 

fenceline. No change has been made to 

address this suggestion. 

Regarding the concern that limiting 

truck traffic may reduce the resources 

purchased in the state of Missouri, the 

state and facility arrived at the 

limitations on truck traffic using EPA’s 

AERMOD computer-based modeling. 

Truck traffic along haul routes is known 

to increase the amount of leadcontaining dust that becomes reentrained in ambient air. Modeling was 

used to estimate the amount of truck 

traffic along facility haul routes that 

could be allowed without causing a 

NAAQS violation at the fenceline. Thus, 

the limitations are necessary to 

safeguard the NAAQS level which EPA 

has determined to be protective of 

human health and the environment. It 

also should be noted that the 

restrictions on truck traffic that are 

required by the SIP only pertain to 

traffic on the facility property; there are 

no limitations on the amount of truck 

traffic on public roads. No change has 

been made to address this concern. 

IV. What action is EPA taking? 

EPA is taking final action to amend 

the Missouri SIP to approve the SIP 

mstockstill on DSK3G9T082PROD with RULES

65898 Federal Register / Vol. 81, No. 186 / Monday, September 26, 2016 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

revision for the 2008 lead NAAQS. The 

applicable standard addressed in this 

action is the lead NAAQS promulgated 

by EPA in 2008 (73 FR 66964). 

Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of the EPA-Approved 

Kansas Source-Specific Requirements. 

Therefore, these materials have been 

approved by EPA for inclusion in the 

State implementation plan, have been 

incorporated by reference by EPA into 

that plan, are fully Federally enforceable 

under sections 110 and 113 of the CAA 

as of the effective date of the final 

rulemaking of EPA’s approval, and will 

be incorporated by reference by the 

Director of the Federal Register in the 

next update to the SIP compilation.1

EPA has made, and will continue to 

make, these documents generally 

available electronically through 

www.regulations.gov and at the 

appropriate EPA office (see the 

ADDRESSES section of this preamble for 

more information). 

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 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) 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); 

• 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 Clean Air Act; 

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). 

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). 

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 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 proposed 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 25, 2016. Filing a 

petition for reconsideration by the 

Administrator of this proposed rule 

does not affect the finality of this 

rulemaking 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 

future rule or action. This proposed 

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: September 13, 2016. 

Mark Hague, 

Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA amends 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. Amend § 52.1320 by adding 

paragraphs (d)(31) and (e)(71) to read as 

follows: 

§ 52.1320 Identification of Plan 

(d) * * * 

mstockstill on DSK3G9T082PROD with RULES

Federal Register / Vol. 81, No. 186 / Monday, September 26, 2016 / Rules and Regulations 65899 

EPA-APPROVED MISSOURI SOURCE-SPECIFIC PERMITS AND ORDERS

Name of source Order/permit 

No. 

State 

effective 

date 

EPA approval date Explanation 

*******

(31) Exide Technologies 

Canon Hollow, MO.

Consent Judgment 14H0– 

CC00064.

10/10/14 9/26/16 and [Insert Federal 

Register citation].

* * * * * (e) * * * 

EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS

Name of 

nonregulatory 

SIP provision 

Applicable 

geographic or 

nonattainment 

area 

State 

submittal 

date 

EPA approval 

date Explanation 

*******

(71) Exide Technologies Compliance Plan 2008 lead 

NAAQS.

Forest City .............................. 10/15/14 9/26/16 and [Insert Federal 

Register citation].

[EPA–R07–OAR–2015–0835; 

FRL 9952–79–Region 7]. 

* * * * * 

[FR Doc. 2016–22981 Filed 9–23–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2016–0315; FRL–9952–72- 

Region 4] 

Air Plan Approval; Georgia; Prong 4— 

2008 Ozone, 2010 NO2, SO2, and 2012 

PM2.5

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is conditionally 

approving the portions of revisions to 

the Georgia State Implementation Plan 

(SIP), submitted by the Georgia 

Department of Natural Resources (DNR), 

Environmental Protection Division 

(GAEPD), addressing the Clean Air Act 

(CAA or Act) visibility transport (prong 

4) infrastructure SIP requirements for 

the 2008 8-hour Ozone, 2010 1-hour 

Nitrogen Dioxide (NO2), 2010 1-hour 

Sulfur Dioxide (SO2), and 2012 annual 

Fine Particulate Matter (PM2.5) National 

Ambient Air Quality Standards 

(NAAQS). The CAA requires that each 

state adopt and submit a SIP for the 

implementation, maintenance, and 

enforcement of each NAAQS 

promulgated by EPA, commonly 

referred to as an ‘‘infrastructure SIP.’’ 

Specifically, EPA is conditionally 

approving the prong 4 portions of 

Georgia’s March 6, 2012, 8-hour Ozone 

infrastructure SIP submission; March 

25, 2013, 2010 1-hour NO2

infrastructure SIP submission; October 

22, 2013, 2010 1-hour SO2 infrastructure 

SIP submission; and December 14, 2015, 

2012 annual PM2.5 infrastructure SIP 

submission. All other applicable 

infrastructure requirements for these SIP 

submissions have been or will be 

addressed in separate rulemakings. 

DATES: This rule will be effective [insert 

date 30 days after date of publication in 

the Federal Register]. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No EPA–R04–OAR–2016– 

0315. All documents in the docket are 

listed on the www.regulations.gov Web 

site. Although listed in the index, some 

information may not be publicly 

available, i.e., Confidential Business 

Information 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 through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 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 8:30 a.m. to 

4:30 p.m., excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Sean Lakeman of the Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Mr. 

Lakeman can be reached by telephone at 

(404) 562–9043 or via electronic mail at 

lakeman.sean@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

By statute, SIPs meeting the 

requirements of sections 110(a)(1) and 

(2) of the CAA are to be submitted by 

states within three years after 

promulgation of a new or revised 

NAAQS to provide for the 

implementation, maintenance, and 

enforcement of the new or revised 

NAAQS. EPA has historically referred to 

these SIP submissions made for the 

purpose of satisfying the requirements 

of sections 110(a)(1) and 110(a)(2) as 

‘‘infrastructure SIP’’ submissions. 

Sections 110(a)(1) and (2) require states 

to address basic SIP elements such as 

the requirements for monitoring, basic 

program requirements, and legal 

authority that are designed to assure 

attainment and maintenance of the 

newly established or revised NAAQS. 

More specifically, section 110(a)(1) 

provides the procedural and timing 

requirements for infrastructure SIPs. 

Section 110(a)(2) lists specific elements 

that states must meet for the 

mstockstill on DSK3G9T082PROD with RULES