[Federal Register Volume 79, Number 72 (Tuesday, April 15, 2014)]
[Rules and Regulations]
[Pages 21137-21139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08338]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2013-0672; FRL-9909-43-Region 7]


Approval and Promulgation of Implementation Plans; 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) submitted by the State of Missouri for 
the purpose of incorporating administrative changes to the Missouri 
rule entitled ``Municipal Solid Waste Landfills''. EPA is approving 
this SIP revision based on EPA's finding that the rule is as stringent 
as the rule it replaces and fulfills the requirements of the Clean Air 
Act (CAA or Act) for the protection of the ozone National Ambient Air 
Quality Standards (NAAQS) in St. Louis.

DATES: This direct final rule will be effective June 16, 2014, without 
further notice, unless EPA receives adverse comment by May 15, 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-2013-0672, 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-
2013-0672. 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.

[[Page 21138]]

    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, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219 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:

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 approving a revision to the State Implementation Plan (SIP) 
submitted by the State of Missouri for the purpose of incorporating 
administrative changes to the Missouri rule entitled ``Municipal Solid 
Waste Landfills'' rule, 10 CSR 10-5.490. This revision updates the rule 
to maintain consistency with the Federal requirements, corrects 
typographical errors, includes formatting changes, and corrects 
inconsistencies from previous final rule actions. Missouri's request to 
move definitions to rule 10 CSR 10-6.020 ``Definitions and Common 
Reference Tables'' will be addressed in a separate rulemaking action.
    Specifically, the State of Missouri made the following changes in 
rule 10 CSR 10-5.490 ``Municipal Solid Waste Landfills''. Subsections 
(1)(B) and (1)(C) were amended to add and correct legal citations. 
Subsection (1)(D) was added to match the text of 40 CFR 60, subpart Cc. 
Section (2) was amended to move all definitions to Missouri rule 10 CSR 
10-6.020 which will be addressed in a separate action. Section (3) was 
amended and sections (4) through (7) were amended and renumbered to 
match the format of rule 10 CSR 10-6.310 ``Restriction of Emissions 
from Municipal Solid Waste Landfills'' and text of 40 CFR 60, subpart 
WWW, and correct legal citations. Subpart (3)(C) was added to 
incorporate by reference parts of the Code of Federal Regulations. 
Section (4) was added to match rule 10 CSR 10-6.310 and the most 
current 40 CFR 60, subpart WWW. Sections (9) and (10) were added to 
match rule 10 CSR 10-6.310 and the text of 40 CFR 60, subpart WWW.
    In a separate action being published in today's Federal Register, 
EPA is taking action to approve Missouri's state plan for designated 
facilities for Municipal Solid Waste Landfills under CAA 111(d) 
authority. This separate action pertains to Missouri rules 10 CSR 10-
5.490 and 10 CSR 10-6.310.

II. Have the requirements for approval of a SIP revision been met?

    The Missouri Air Conservation Commission adopted these actions on 
February 12, 2012, after considering comments received at public 
hearing. The rule became effective on May 30, 2012. The commission has 
full legal authority to develop rules pursuant to Section 643.050 of 
the Missouri Air Conservation Law. The state followed all applicable 
administrative procedures in proposing and adopting the rule actions.
    The state submission has met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. The submission also 
satisfies 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 approving the revision to the SIP submitted by the State of 
Missouri for the purpose of incorporating administrative changes to the 
``Municipal Solid Waste Landfills'' rule 10 CSR 10-5.490. EPA is 
approving this SIP revision based on EPA's finding that the rule is as 
stringent as the rule it replaces and fulfills the requirements of the 
CAA.
    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 administrative and consistent with 
Federal regulations. 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 EPA 
receives adverse comments on this direct final rule, 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.

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

[[Page 21139]]

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 June 16, 2014. Filing a petition for 
reconsideration by the Administrator of this direct 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 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, Incorporation by 
reference, Intergovernmental relations, Ozone, Particulate matter, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: April 3, 2014.
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 10-5.490 as follows:


Sec.  52.1320  Identification of plan.

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    (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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                       Chapter 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
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10-5.490..........................  Municipal Solid Waste         5/30/12  4/15/14  insert Federal Register page
                                     Landfills..                            number where the document begins].
 
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[FR Doc. 2014-08338 Filed 4-14-14; 8:45 am]
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