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 Environmental Protection Agency 40 CFR Part 52
[EPA-R07-OAR-2014-0687; FRL-9918-17-Region 7]
 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 Implementation Plan (SIP) submitted by the State of Missouri on May 8, 2012, and October 17, 2013, related to a Missouri rule titled “Restriction of Emission of Particulate Matter from Industrial Processes.” This action amends the SIP in four ways. The first is it updates an outdated reference in the current SIP approved rule. Second, it provides a hierarchy of compliance measurement approaches for Particulate Matter (PM) emissions from industrial processes. Third, it provides a clarification on applicability of the provisions. And fourth, it deletes redundant definitions.
 DATES: This direct final rule will be effective December 22, 2014, without further notice, unless EPA receives adverse comment by November 20, 2014. 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-2014-0687, by one of the following methods: 1. 
                        *www.regulations.gov.*
                         Follow the on-line instructions for submitting comments. 2. 
                        *Email: gonzalez.larry@epa.gov.* 3. 
                        *Mail or Hand Delivery:*
                         Larry Gonzalez, 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-2014-0687. 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: Larry Gonzalez, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at 
                        ( print page 62845)
                        913-551-7041 or by email at 
                        *gonzalez.larry@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 approve revisions to the State Implementation Plan (SIP) submitted by the State of Missouri on May 8, 2012, and October 17, 2013, related to a Missouri rule titled “Restriction of Emission of Particulate Matter from Industrial Processes” 10 CSR 10-6.400. This action amends the SIP to update an outdated reference in the rule, provides a hierarchy of measurement approaches used for compliance, clarifies the applicability of the rule, and deletes redundant definitions found in the rule. Today's action completes four administrative actions. First, it approves into the SIP the update to rule 10 CSR 10-6.400 so that it references the new consolidated rule 10 CSR 10-6.405 “Restriction of Particulate Matter Emissions From Fuel Burning Equipment Used For Indirect Heating.” This action follows an earlier action EPA took on September 13, 2012, to amend the Missouri SIP which rescinded area-specific indirect heating rules, 10 CSR 10-2.040, 10-3.060, 10-4.040, and 10-5.030 and added a new rule, 10 CSR 10-6.405 which consolidated the area rules into a single rule (see 76 FR 56555). Second, it amends the test methods section to add a hierarchy of emission measurement approaches used for compliance testing—a revision requested by EPA that has been used in other Missouri rules. Third, it explicitly clarifies that the rule provisions are only applicable to the “filterable” particulate matter. And, fourth, it eliminates definitions in the rule 10 CSR 10.6.400 that are also found at 10 CSR 10-6.020 “Definitions and Common Reference Tables.” II. Have the requirements for 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. What action is EPA taking? EPA is taking direct final action to approve this SIP revision. We are publishing 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 this 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 will address all public comments in any subsequent final rule based on the proposed rule. 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” under the terms ofExecutive Order 12866 (58 FR 51735, October 4, 1993) and is therefore not subject to review under Executive Orders 12866 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 inExecutive Order 13132 (64 FR 43255, August 10, 1999);
                Is not an economically significant regulatory action based on health or safety risks subject toExecutive Order 13045 (62 FR 19885, April 23, 1997);
                Is not a significant regulatory action subject toExecutive 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, underExecutive 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 action must be filed in the United States Court of Appeals for the appropriate circuit by December 22, 2014. 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 
                    ( print page 62846)
                    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
Carbon monoxide
Incorporation by reference
Intergovernmental relations
Lead
Nitrogen dioxide
Ozone
Particulate matter
Reporting and recordkeeping requirements
Sulfur oxides
Volatile organic compounds
 Dated: September 24, 2014. 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: 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.In § 52.1320, the table in paragraph (c) is amended by revising the entry under “Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of Missouri” for “10-6.400” to read as follows: § 52.1320
  
 (c) * * * 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***         *         *         *         *         *         *10-6.400
Restrictions of Emission of Particulate Matter from Industrial Processes
06/27/13
10/21/14 [Insert 
                                    **Federal Register**
                                     citation]*         *         *         *         *         *         *


[FR Doc. 2014-24760 Filed 10-20-14; 8:45 am] BILLING CODE 6560-50-P