19602 Federal Register / Vol. 78, No. 63 / Tuesday, April 2, 2013 / Rules and Regulations 

• 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; 

• 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); and 

• 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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by June 3, 2013. 

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. 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, Hydrocarbons, 

Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: March 20, 2013. 

Ron Curry, 

Regional Administrator, Region 6. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations 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 SS—Texas 

■ 2. In Section 52.2270, the second table 

in paragraph (e) entitled ‘‘EPAApproved Nonregulatory Provisions and 

Quasi-Regulatory Measures in the Texas 

SIP’’ is amended by adding three new 

entries at the end. 

§ 52.2270 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP 

Name of SIP provision Applicable geographic or 

nonattainment area State submittal/effective date EPA approval date Comments 

*******

Voluntary Mobile Emission Reduction Program (VMEP).Brazoria, Chambers, Fort 

Bend, Galveston, Harris, 

Liberty, Montgomery and 

Waller Counties, TX.

June 13, 2007 ........................ 4/2/13, [Insert FR page number where document begins].

NOX RACT finding for the 

1997 8-hour ozone NAAQS.

Brazoria, Chambers, Fort 

Bend, Galveston, Harris, 

Liberty, Montgomery and 

Waller Counties, TX.

April 6, 2010 ........................... 4/2/13, [Insert FR page number where document begins].

VOC RACT finding for the 

1997 8-hour ozone NAAQS.

Brazoria, Chambers, Fort 

Bend, Galveston, Harris, 

Liberty, Montgomery and 

Waller Counties, TX.

April 6, 2010 ........................... 4/2/13, [Insert FR page number where document begins].For selected 

categories. 

[FR Doc. 2013–07388 Filed 4–1–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 70 

[EPA–R07–OAR–2012–0749; FRL–9795–2] 

Approval and Promulgation of 

Implementation Plans and Operating 

Permits Program; State of Missouri 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to the State 

Implementation Plan (SIP) and 

Operating Permits Program to amend 

the definitions provisions of the rules. 

This SIP revision and revision to the 

Missouri operating permits program add 

the compounds propylene carbonate 

and dimethyl carbonate to the list of 

compounds which are excluded from 

the definition of Volatile Organic 

Compound (VOC) for consistency with 

the Federal definition of VOC. The SIP 

revision also corrects two asbestos 

method subpart references. This 

revision also approves Missouri’s 

request to amend the SIP to meet the 

2008 fine particulate matter (PM2.5) 

National Ambient Air Quality Standards 

implementation requirements of the 

May 16, 2008, New Source Review 

(NSR) PM2.5 Rule. In this SIP revision, 

Missouri adopted rule revisions to 

establish the requirement for NSR 

permits to address directly emitted 

PM2.5 and precursor pollutants; and 

significant emission rates for direct 

PM2.5 and precursor pollutants (sulfur 

dioxide (SO2) and nitrogen dioxide 

(NOX)). 


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Federal Register / Vol. 78, No. 63 / Tuesday, April 2, 2013 / Rules and Regulations 19603 

DATES: This direct final rule will be 

effective June 3, 2013, without further 

notice, unless EPA receives adverse 

comment by May 2, 2013. If adverse 

comment is 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–R07– 

OAR–2012–0749, by one of the 

following methods: 

1. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: bernstein.craig@epa.gov. 

3. Mail or Hand Delivery: Craig 

Bernstein, 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–2012– 

0749. 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, is not placed on 

the Internet and 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 

Federal 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: 

Craig Bernstein at (913) 551–7688, or by 

email at bernstein.craig@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

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

provides additional information by 

addressing the following questions: 

I. Why is EPA using a direct final rule? 

II. What is being addressed in this document? 

III. Have the requirements for approval of a 

SIP revision and a part 70 revision been 

met? 

IV. What action is EPA taking? 

I. Why is EPA using a direct final rule? 

EPA is publishing this rule without a 

prior proposed rule because we view 

this as a noncontroversial action and 

anticipate no adverse comment because 

the revisions are largely administrative 

and consistent with Federal regulations. 

The revisions will improve the clarity of 

the rule and do not have an adverse 

affect on air quality or the stringency of 

the SIP and operating permits program. 

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 the 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 would address all public 

comments in any subsequent final rule 

based on the proposed rule. 

II. What is being addressed in this 

document? 

EPA is approving revisions to the 

Missouri SIP and operating permits 

program. The first revision adds the 

compounds propylene carbonate and 

dimethyl carbonate to the list of 

compounds which are excluded from 

the definition of Volatile Organic 

Compound (VOC) in 10 CSR 10– 

6.020(v). This action is consistent with 

the EPA definition of VOC. These 

compounds can be found in the EPA 

definition of VOC at 40 CFR 52.100 

(s)(1). 

Revisions were made to the Table of 

compounds not considered VOCs 

because of their known lack of 

participation in the atmospheric 

reactions to produce ozone. Revisions 

include deletions, corrections and 

additions which are consistent with 

EPA regulations and do not adversely 

affect the stringency of the SIP or the 

operating permits program. 

Next, definitions in 40 CSR 10– 

6.020(c) for Category I nonfriable 

asbestos containing material (ACM), and 

Category II nonfriable ACM are being 

updated to correct the method subpart 

reference. The correct method subpart 

references are consistent with the EPA 

rules found at 40 CFR part 763, subpart 

E, appendix E, section 1. The state has 

incorporated the EPA method subpart 

references in 10 CSR 10–6.020 

Definitions and Common Reference 

Tables (2)(C)3 and (2)(C)4 dated 

November 30, 2010. Although asbestos 

is not regulated under the SIP, the EPA 

asbestos regulations (NESHAPS) are 

applicable requirements for purposes of 

Missouri’s operating permit program 

and are approved for this purpose. 

Finally, the de minimis emissions 

table is being updated for consistency 

with 40 CFR 52.21, specifically related 

to a portion of the NSR implementation 

rule for PM2.5 (75 FR 28321, May 16, 

2008) which established the 

requirement for NSR permits to address 

directly emitted PM2.5 and precursor 

pollutants and promulgated significant 

emissions rates for direct PM2.5 and 

precursor pollutants (SO2 and NOX). 

This revision can be found in Table 1, 

subsection (3)(A) of 10 CSR 10–6.020 

Definitions and Common Reference 

Tables. The revised Missouri rule 

includes the following emission rates: 

PM2.5 at an emission rate of 10.0 tons 

per year; SO2 (PM2.5 precursor) at an 

emission rate of 40.0 tons per year; and 

NOX(PM2.5 precursor) at an emission 

rate of 40.0 tons per year. 


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19604 Federal Register / Vol. 78, No. 63 / Tuesday, April 2, 2013 / Rules and Regulations 

III. Have the requirements for approval 

of a SIP revision and a part 70 revision 

been met? 

The state submittal has met the public 

notice requirements for SIP submissions 

in accordance with 40 CFR 51.102. The 

submittal also satisfied the 

completeness criteria of 40 CFR part 51, 

appendix V. The substantive 

requirements of Title V of the 1990 CAA 

Amendments and 40 CFR part 70 have 

been met as well. 

IV. What action is EPA taking? 

We are taking direct final action to 

approve the amendments to the 

Missouri SIP and operating permits 

program. This revision will amend the 

definitions provisions of the rules as 

described above for VOCs and asbestos, 

as well as update the de minimis 

emissions table found in Missouri’s rule 

‘‘Definitions and Common Reference 

Tables’’ to be consistent with 40 CFR 

part 52.21. 

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 rule 

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 

rule approves 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). 

This rule also does not have tribal 

implications because it will 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, 

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 rule 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 

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 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 June 3, 2013. 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 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

40 CFR Part 70 

Administrative practice and 

procedure, Air pollution control, 

Intergovernmental relations, Operating 

permits, Reporting and recordkeeping 

requirements. 

Dated: March 20, 2013. 

Karl Brooks, 

Regional Administrator, Region 7. 

Chapter I, title 40 of the Code of 

Federal Regulations 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 AA—Missouri 

■ 2. In § 52.1320 the table in paragraph 

(c) is amended by revising the entry for 

10–6.020 as follows: 

§ 52.1320 Identification of plan. 

* * * * * 

(c) * * * 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 63 / Tuesday, April 2, 2013 / Rules and Regulations 19605 

EPA-APPROVED MISSOURI REGULATIONS

Missouri citation Title State effective 

date EPA approval date Explanation 

Missouri Department of Natural Resources 

*******

Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of 

Missouri 

*******

10–6.020 ................................. Definitions and Common Reference Tables.12/30/10 4/2/13 [insert Federal Register page number where 

the document begins].

* * * * * 

PART 70—[AMENDED] 

■ 3. The authority citation for part 70 

continues to read as follows: 

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

■ 4. Appendix A to part 70 is amended 

by adding paragraph (aa) under 

Missouri to read as follows: 

Appendix A to Part 70—Approval 

Status of State and Local Operating 

Permits Programs 

* * * * * 

Missouri 

* * * * * 

(aa) The Missouri Department of Natural 

Resources submitted revisions to Missouri 

rule 10 CSR 10–6.020, ‘‘Definitions and 

Common Reference Tables’’ on December 15, 

2010. The state effective date is December 30, 

2010. This revision is effective June 3, 2013. 

* * * * * 

[FR Doc. 2013–07405 Filed 4–1–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 98 

[EPA–HQ–OAR–2011–0417; FRL–9796–9] 

Greenhouse Gas Reporting Rule: 

Revision to Best Available Monitoring 

Method Request Submission Deadline 

for Petroleum and Natural Gas 

Systems Source Category (Withdrawal 

of Direct Final Rule) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: EPA published a direct final 

rule, Greenhouse Gas Reporting Rule: 

Revision to Best Available Monitoring 

Method Request Submission Deadline 

for Petroleum and Natural Gas Systems 

Source Category, on February 19, 2013. 

That direct final rule amended the 

deadline by which owners or operators 

of facilities subject to the petroleum and 

natural gas systems source category of 

the Greenhouse Gas Reporting Rule are 

required to submit requests for use of 

best available monitoring methods 

(BAMM) to the Administrator. Because 

EPA received potentially adverse 

comments on the amendments in that 

direct final rule, we are issuing this 

notice to withdraw the direct final rule. 

DATES: Effective April 2, 2013, the EPA 

withdraws the direct final rule 

published at 78 FR 11585 on February 

19, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Carole Cook, Climate Change Division, 

Office of Atmospheric Programs (MC– 

6207J), Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460; telephone 

number: (202) 343–9263; fax number: 

(202) 343–2342; email address: 

GHGReportingRule@epa.gov. 

SUPPLEMENTARY INFORMATION: Because 

EPA received potentially adverse 

comments, EPA is withdrawing the 

direct final rule, Greenhouse Gas 

Reporting Rule: Revision to Best 

Available Monitoring Method Request 

Submission Deadline for Petroleum and 

Natural Gas Systems Source Category, 

published at 78 FR 11585 on February 

19, 2013. We stated in that direct final 

rule that if we received adverse 

comment by March 21, 2013, we would 

publish a timely withdrawal in the 

Federal Register to inform the public 

that this direct final rule will not take 

effect. We subsequently received 

potentially adverse comments on that 

direct final rule, so we are withdrawing 

the direct final rule in this notice. We 

are addressing the potentially adverse 

comments in a final action based on the 

proposal also published on February 19, 

2013 (78 FR 11619). As stated in the 

direct final rule and the parallel 

proposed rule, we are not instituting a 

second comment period on this action. 

List of Subjects in 40 CFR Part 98 

Environmental Protection, 

Administrative practice and procedures, 

Air pollution control, Greenhouse gases, 

Monitoring, Reporting and 

recordkeeping requirements. 

Dated: March 26, 2013. 

Gina McCarthy, 

Assistant Administrator, Office of Air and 

Radiation. 

Accordingly, the amendments to the 

rule published on February 19, 2013 (78 

FR 11585) are withdrawn as of April 2, 

2013. 

[FR Doc. 2013–07536 Filed 4–1–13; 8:45 am] 

BILLING CODE 6560–50–P 


tkelley on DSK3SPTVN1PROD with RULES