[Federal Register Volume 79, Number 43 (Wednesday, March 5, 2014)]
[Rules and Regulations]
[Pages 12394-12396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04779]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2013-0698; FRL-9907-32-Region 7]


Approval and Promulgation of Implementation Plans; State of 
Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the State Implementation Plan (SIP) submitted by the State 
of Missouri which revises the written reporting requirements for 
maintenance, start-up, or shutdown activities; updates the information 
a source operator must provide to the department when a notice of 
excess emissions is received; and corrects references in the reporting 
and record keeping section.

DATES: This final rule is effective on April 4, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2013-0698. All documents in the docket are listed on 
the 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 either electronically through 
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 a.m. to 4:30 p.m. 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: Amy Bhesania, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219 at 913-551-7147, 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:

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

I. What is being addressed in this document?

    EPA is approving revisions to the Missouri SIP submitted to EPA on 
July 8, 2010 which amends 10 CSR 10-6.050 Start-up, Shutdown, and 
Malfunction Conditions. Specifically, Missouri amended subsection 3(B) 
to remove the option for verbal notification and therefore only written 
notification is allowed for any maintenance, start-up, or shutdown 
activity which is expected to cause an excess release of emissions that 
exceeds one hour. This change makes the written notification 
requirements consistent for subsections (3)(B) which covers 
maintenance, start-up and shutdown, and (3)(A) which covers 
malfunctions. Subparagrah (3)(B)3. was removed because the requirement 
was only applicable to malfunctions which is addressed in subsection 
(3)(A).
    The remaining revisions to the rule are administrative changes 
which revise the rule to be consistent with the state's standard rule 
format or make other minor clarifying changes. Subparagraphs (3)(B)3 
through (3)(B)9 were renumbered to adjust for the removal of item 
(3)(B)3. Subparagraph (3)(C)2 includes minor administrative changes to 
meet the state's standard rule

[[Page 12395]]

format. Subparagraphs (3)(C)2.A and (3)(C)2.B were removed because they 
were redundant and replaced with references to the appropriate 
applicable subsections of the rule. Subsection (4)(B) was revised to be 
consistent with the state's standard rule format.
    In a separate action on February 22, 2013, EPA has proposed to 
address a petition by Sierra Club related to SSM provisions, including 
10 CSR 10-6.050(3)(C) (78 FR 12459). In this separate action, EPA 
proposed to deny the petitioner's request that EPA take action under 
Clean Air Act (CAA) section 110(k)(5) or (6) to direct the state to 
revise this provision. The revisions in today's action do not address 
the sections of the regulation challenged by the Sierra Club in its 
petition. The revisions in today's action clarify and strengthen the 
Missouri SIP. By removing the option for oral notification in 10 CSR 
10-6.050(3)(B), and requiring written notification, the Missouri SIP is 
more stringent. The revision in 10 CSR 10-6.050(3)(C)2.A clarifies the 
notification requirements for malfunctions by referring to section 10 
CSR 10-6.050(3)(A). The revision in 10 CSR 10-6.050 (3)(C)2.B clarifies 
the general notification requirements for maintenance, startup, or 
shutdown activities by referring to the general notification 
requirements set forth in 10 CSR 10-6.050(3)(B).
    The revisions in today's action are consistent with CAA 
requirements for SIP provisions and do not violate the anti-backsliding 
provisions in section 110(l) or section 193 of the CAA because they are 
SIP strengthening and do not interfere with any applicable requirements 
concerning attainment or reasonable further progress nor do they affect 
control measures in effect prior to the 1990 CAA Amendments related to 
nonattainment areas. Further, these revisions are consistent with the 
action proposed by EPA on February 22, 2013 as mentioned above (78 FR 
12459).

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, as explained above, the revision meets the substantive SIP 
requirements of the CAA, including section 110 and implementing 
regulations.

III. What is EPA's response to comments?

    The public comment period on EPA's proposed rule opened December 3, 
2013, the date of its publication in the Federal Register, and closed 
on January 2, 2014 (78 FR 72608). During this period, EPA received no 
comments.

IV. What action is EPA taking?

    EPA is taking final action to amend the Missouri SIP by approving 
the state's request to amend 10 CSR 10-6.050 Start-Up, Shutdown, and 
Malfunction to update written reporting requirements, correct 
references, and other minor clarifying changes. Approval of these 
revisions ensures consistency between state and Federally-approved 
rules. EPA has determined that these changes will not relax the SIP or 
adversely impact air emissions.

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 Order 
12866 (58 FR 51735, October 4, 1993);
     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 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, under 
Executive 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 May 5, 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. 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.


[[Page 12396]]


    Dated: February 13, 2014.
Mike Brinks,
Acting Regional Administrator, Region 7.

    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), under Chapter 6 is 
amended by revising the entry for ``10-6.050'' to 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
 
                                                  * * * * * * *
    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
 
                                                  * * * * * * *
10-6.050................  Start-up, Shutdown,          07/30/10  03/05/14 [insert      .........................
                           and Malfunction                        Federal Register
                           Conditions.                            page number where
                                                                  the document
                                                                  begins].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2014-04779 Filed 3-4-14; 8:45 am]
BILLING CODE 6560-50-P