[Federal Register Volume 79, Number 51 (Monday, March 17, 2014)]
[Rules and Regulations]
[Pages 14613-14616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05685]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52, 62, and 70

[EPA-R07-OAR-2013-0724; FRL-9907-79-Region 7]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the Missouri State Implementation 
Plan (SIP), the 40 CFR part 62 state plans (111(d)), and the 40 CFR 
part 70 operating permits program, which were received on August 25, 
2011, May 8, 2012, and February 11, 2013, respectively. The revisions 
submitted by the state move definitions currently in individual rules 
into one rule and eliminates the risk of the same term being defined 
differently for different rules. This action provides more clarity for 
the regulated public. These revisions do not have an adverse affect 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 is effective May 16, 2014, without 
further notice, unless EPA receives adverse comment by April 16, 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-2013-0724, 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: Paula Higbee, 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-
2013-0724. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at

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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 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: Paula Higbee, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219, or at 913-551-7028, 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 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 10 CSR 10-6.020, Definitions and Common Reference Tables. As 
detailed in the Technical Support Document which is a part of this 
docket, the revisions to 10 CSR 10-6.020 Definitions and Common 
Reference Tables largely incorporate several non-substantive error 
corrections of acronym usage, clarifications of definition 
applicability, grammatical corrections, and minor clarifications of 
language as well as the addition of definitions from individual rules. 
In determining its action, EPA reviewed the submissions and additional 
information provided by the state to ensure that they met Federal 
requirements and did not adversely affect the stringency of the SIP, 
the 40 CFR part 62, or the 40 CFR part 70 program. EPA notes that the 
state reviewed and revised all definitions as needed to insure 
consistency, unless a specific reason existed for a definition to be 
unique to a specific rule such as the construction permits rule. In 
addition, the definitions used in state rules were reviewed to insure 
as much consistency as possible with the Federal definitions of the 
same terms, and revisions were made as necessary and appropriate, 
consistent with Federal requirements.

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

    The state submission has met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. The submission has also 
satisfied the completeness criteria of 40 CFR part 51, appendix V. In 
addition, as explained above and in more detail in the technical 
support document 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 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

    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

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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 16, 2014. 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, Administrative practice and procedure, 
Air pollution control, Aluminum, Fertilizers, Fluoride, 
Intergovernmental relations, Paper and paper products industry, 
Phosphate, Reporting and recordkeeping requirements, Sulfur oxides, 
Sulfuric acid plants, Waste treatment and disposal.

40 CFR Part 70

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

    Dated: February 28, 2014.
Karl Brooks,
Regional Administrator, Region 7.
    40 CFR parts 52, 62, and 70 are 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 to read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (c) * * *

                                                            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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                                                                      * * * * * * *
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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               2/28/13  3/17/14 [insert Federal Register page   .....................................
                                     Common Reference                       number where the document begins].
                                     Tables.
 
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* * * * *

PART 62--[AMENDED]

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. In Sec.  62.6350 is amended by adding paragraph (b)(5) to read as 
follows:


Sec.  62.6350  Identification of plan.

* * * * *
    (b) * * *
    (5) 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 on February 28, 2013. The effective date of the amended 
plan is May 16, 2014.
* * * * *

PART 70--[AMENDED]

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 (bb) under 
Missouri to read as follows:

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

* * * * *

Missouri

* * * * *
    (bb) The Missouri Department of Natural Resources submitted 
revisions to Missouri rule 10 CSR 10-6.020, ``Definitions and Common 
Reference Tables'' on February 11, 2013. The state effective date is 
February 28, 2013. This revision is effective May 16, 2014.
* * * * *
[FR Doc. 2014-05685 Filed 3-14-14; 8:45 am]
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