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[Federal Register Volume 80, Number 42 (Wednesday, March 4, 2015)]
[Rules and Regulations]
[Pages 11577-11580]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-04400]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52, 62, and 70

[EPA-R07-OAR-2015-0006; FRL9923-68-Region 7]

Approval and Promulgation of Air Quality Implementation Plans, 
State Plans for Designated Facilities and Pollutants, and Operating 
Permits Program; State of Missouri

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the State Implementation Plan 
(SIP) and the operating permits program for the State of Missouri which 
were received on November 6, 2013, November 20, 2014, March 27, 2014, 
July 7, 2014, and July 14, 2014. The revisions submitted by the state 
include amendments to rules relating to reference methods, definitions 
and common reference tables, ambient air quality standards, and a rule 
rescission related to air quality control measures for sources 
clustered in small land areas. Many of the revisions are administrative 
in nature and either incorporate by reference or update state rules to 
match Federal regulations. Some are more substantive, but are non-
controversial. In addition, they provide more clarity for the regulated 
public. This direct final action will amend the SIP to include revised 
regulations which will then be more consistent with Federal 
regulations. These revisions do not have an adverse effect on air 
quality. EPA's approval of these rule revisions is being done in 
accordance with the requirements of the Clean Air Act (CAA).

DATES: This direct final rule will be effective May 4, 2015, without 
further notice, unless EPA receives adverse comment April 3, 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-2015-0006, by one of the following methods:
    1. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    2. Email: bhesania.amy@epa.gov.
    3. Mail or Hand Delivery: Amy Bhesania, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219.

[[Page 11578]]

    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2015-0006. 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, 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 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: Amy Bhesania, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219 at 913-551-7147, or by email at 
bhesania.amy@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' refer to EPA. This section provides additional information by 
addressing the following:

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is EPA taking?

I. What is being addressed in this document?

    EPA is taking direct final action to amend Missouri's SIP, 111(d) 
plan, and operating permits program by approving the state's requests 
to amend the following rules:
    1. 10 CSR 10-6.040, Reference Methods, received November 6, 2013.
    2. 10 CSR 10-6.040, Reference Methods, received November 20, 2014.
    3. 10 CSR 10-6.020, Definitions and Common Reference Tables, 
received March 27, 2014.
    4. 10 CSR 10-5.240, Additional Air Quality Control Measures May be 
Required When Sources are Clustered in a Small Land Area, received July 
7, 2014.
    5. 10 CSR 10-6.010, Air Quality Standards, received July 14, 2014.
    The revisions submitted by the state include revisions to update 
standards and reference methods, to clarify, add or amend definitions 
and reference tables, to rescind an outdated rule, and to update and 
clarify ambient air quality standards. For more information on the 
state's submissions, specific revisions to each rule and EPA's review 
of the revisions, see the Technical Support Document (TSD) that is a 
part of this docket.

II. Have the requirements for approval of a SIP, part 62, and part 70 
revisions been met?

    The state submission has met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. The submission also 
satisfied the completeness criteria of 40 CFR part 51, appendix V. In 
addition, as explained above and in more detail in the TSD which is 
part of this docket, the revision meets the substantive SIP 
requirements of the CAA, including section 110 and implementing 
regulations. The substantive requirements of 40 CFR part 62 and Title V 
of the 1990 CAA Amendments and 40 CFR part 70 have been met as well.

III. What action is EPA taking?

    EPA is taking direct final action to approve this 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 today's Federal Register, we are publishing a separate 
document that will serve as the proposed rule to approve the SIP, 
111(d), and operating permits revisions, 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

    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 Missouri 
rules 10-5.240, 10-6.010, 10-6.020, and 10-6.040 described in the 
direct final amendments to 40 CFR part 52 set forth below. EPA has 
made, and will continue to make, these documents generally available 
electronically through www.regulations.gov and/or in hard copy at the 
appropriate EPA office (see the ADDRESSES section of this preamble for 
more information).
    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

[[Page 11579]]

Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
    In addition, these direct final actions are 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, this action 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 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 May 4, 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

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.

40 CFR Part 62

    Environmental protection, Air pollution control, Administrative 
practice and procedure, Intergovernmental relations, Reporting and 
recordkeeping requirements.

40 CFR Part 70

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Operating permits, 
Reporting and recordkeeping requirements.

    Dated: February 13, 2015.
Karl Brooks,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the Environmental 
Protection Agency amends 40 CFR part 52 as set forth below: Chapter I, 
title 40 of the Code of Federal Regulations is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart AA--Missouri

0
2. In Sec.  52.1320 the table in paragraph (c) is amended by:
0
a. Removing under Chapter 5, the entry ``10-5.240''; and
0
b. Revising under Chapter 6, the entries for ``10-6.010'', ``10-
6.020'', and ``10-6.040''.
    The revisions read as follows:

Sec.  52.1320  Identification of Plan.

* * * * *
    (c) * * *

                                        EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
                                                             State
        Missouri citation                 Title         effective date   EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
                                    Missouri Department of Natural Resources
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[[Page 11580]]

 
                                                  * * * * * * *
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    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------
10 CSR 10-6.010..................  Ambient Air Quality         7/30/14  3/4/15 and [Insert   Hydrogen Sulfide
                                    Standards.                           Federal Register     and Sulfuric Acid
                                                                         citation].           state standards
                                                                                              are not SIP
                                                                                              approved.
10 CSR 10-6.020..................  Definitions and             3/30/14  3/4/15 and [Insert   Many of the
                                    Common Reference                     Federal Register     definitions
                                    Tables.                              citation].           pertain to Title
                                                                                              V, 111(d) and
                                                                                              asbestos programs
                                                                                              and are approved
                                                                                              in the SIP because
                                                                                              they provide
                                                                                              overall
                                                                                              consistency in the
                                                                                              use of terms in
                                                                                              the air program.
                                                                                              Similarly, the EPA
                                                                                              has also approved
                                                                                              this rule as part
                                                                                              of the Title V
                                                                                              program, and
                                                                                              111(d) even though
                                                                                              many of the
                                                                                              definitions
                                                                                              pertain only to
                                                                                              the SIP.
 
                                                  * * * * * * *
10 CSR 10-6.040..................  Reference Methods..        11/30/14  3/4/15 and [Insert   ...................
                                                                         Federal Register
                                                                         citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED 
FACILITIES AND POLLUTANTS

0
3. The authority citation for part 62 continues to read as follows:

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

Subpart AA--Missouri

* * * * *

0
4. Section 62.6350 is amended by adding paragraph (b)(6) to read as 
follows:

Sec.  62.6350  Identification of plan.

* * * * *
    (b) * * *
    (6) A revision to Missouri's 111(d) plan to incorporate state 
regulation 10 CSR 10-6.020 Definitions and Common Reference Tables was 
state effective March 30, 2014. The effective date of the amended plan 
is May 4, 2015.
* * * * *

PART 70--STATE OPERATING PERMIT PROGRAMS

0
5. The authority citation for part 70 continues to read as follows:

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

0
6. Appendix A to part 70 is amended by adding paragraph (cc) under 
Missouri to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs

* * * * *

Missouri

* * * * *
    (cc) The Missouri Department of Natural Resources submitted 
revisions to Missouri rule 10 CSR 10-6.020, ``Definitions and Common 
Reference Tables'' on March 27, 2014. The state effective date is 
March 30, 2014. This revision is effective May 4, 2015.
* * * * *
[FR Doc. 2015-04400 Filed 3-3-15; 8:45 am]
BILLING CODE 6560-50-P
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