[Federal Register Volume 78, Number 63 (Tuesday, April 2, 2013)]
[Rules and Regulations]
[Pages 19602-19605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07405]


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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.

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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)).

[[Page 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: [email protected].
    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 [email protected].

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.

[[Page 19604]]

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]

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 revising 
the entry for 10-6.020 as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (c) * * *

[[Page 19605]]



                                        EPA-Approved Missouri Regulations
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                                                             State
        Missouri citation                 Title         effective date   EPA approval date       Explanation
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                                    Missouri Department of Natural Resources
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                                                  * * * * * * *
    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
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                                                  * * * * * * *
10-6.020.........................  Definitions and            12/30/10  4/2/13 [insert
                                    Common Reference                     Federal Register
                                    Tables.                              page number where
                                                                         the document
                                                                         begins].
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PART 70--[AMENDED]

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

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

0
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]
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