[Federal Register Volume 79, Number 72 (Tuesday, April 15, 2014)]
[Rules and Regulations]
[Pages 21146-21148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08340]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R07-OAR-2013-0692; FRL-9909-45-Region 7]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; Air Emissions From Existing Municipal Solid 
Waste Landfills; 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 a revision to the state section 111 plan for 
Municipal Solid Waste (MSW) Landfills submitted by the State of 
Missouri Department of Natural Resources. This plan contains state 
rules ``Municipal Solid Waste Landfills'' and ``Restriction of 
Emissions from Municipal Solid Waste Landfills'' that were updated as a 
result of amendments to the Federal Emission Guidelines (EG) published 
April 10, 2000; October 17, 2000; and September 21, 2006. The plan also 
corrects typographical and administrative changes in the Missouri 
Rules. This approval means that EPA finds the State Plan meets 
applicable Clean Air Act (CAA) requirements.

DATES: This direct final rule will be effective June 16, 2014, without 
further notice, unless EPA receives adverse comments by May 15, 2014. 
If EPA receives adverse comments, 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-2013-0692, 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

[[Page 21147]]

Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2013-0692. 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, 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. Background
II. Have the requirements for approval of a section 111(d) plan 
revision been met?
III. What action is EPA taking?

I. Background

    Standards and guidelines for new and existing MSW landfills are 
promulgated under the authority of section 111 of the CAA. These 
standards can be found at 40 CFR part 60, subpart WWW, new source 
performance standards (NSPS) for new MSW landfills, and subpart Cc, 
emission guidelines (EG) for existing MSW landfills. The final NSPS and 
EG were published in the Federal Register on March 12, 1996 (49 FR 
9905). We first approved Missouri's section 111(d) plan for MSW 
landfills on April 24, 1998 (63 FR 20320). The state's plan consists 
primarily of two state rules which adopt the Federal landfill 
requirements. These rules are 10 CSR 10-6.310 ``Restriction of 
Emissions from Municipal Solid Waste Landfills'' (which covers all 
areas of Missouri except St. Louis) and 10 CSR 10-5.490 ``Municipal 
Solid Waste Landfills'' (which covers the St. Louis area).
    Since Missouri last amended both of these state rules, EPA has 
published in the Federal Register three final rules that update the 
requirements for municipal solid waste landfills. The dates and Federal 
Register citations are: April 10, 2000 (65 FR 18906); October 17, 2000 
(65 FR 61744), and September 21, 2006 (71 FR 55127). Missouri updated 
rules 10 CSR 10-5.490 ``Municipal Solid Waste Landfills'' and 10 CSR 
10-6.310 ``Restriction of Emissions from Municipal Solid Waste 
Landfills'' to incorporate EPA's recent amendments, to correct 
typographical errors, to include formatting changes, and to correct 
inconsistencies. Missouri's request to move definitions from 10 CSR 10-
5.490 and 10 CSR 10-6.310 to rule 10 CSR 10-6.020 ``Definitions and 
Common Reference Tables'' has been addressed in a separate rulemaking 
action. In a separate action being published in today's Federal 
Register, EPA is taking action to approve rule 10 CSR 10-5.490 
``Municipal Solid Waste Landfills'' into Missouri's SIP as well.

II. Have the requirements for approval of a section 111(d) plan 
revision been met?

    The Missouri Air Conservation Commission adopted rule amendments to 
10 CSR 10-5.490 and 10 CSR 10-6.310 on February 2, 2012, after 
considering comments received at a public hearing. The Missouri Air 
Conservation 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. After publication by the Missouri 
Secretary of State in the Code of State Regulations, the amendments 
became effective May 30, 2012. The State of Missouri has incorporated 
these rule amendments into its revised section 111(d) plan and 
submitted the plan and rules to us for approval pursuant to section 
111(d). We have evaluated the state plan revision against criteria in 
the EG and against the plan approval criteria at 40 CFR 60.23 through 
40 CFR 60.26, subpart B ``Adoption and Submittal of State Plans for 
Designated Facilities.'' The state plan meets all of the applicable 
requirements of 40 CFR part 60, subpart B and subpart Cc.

III. What action is EPA taking?

    EPA is approving the revisions to the Missouri section 111(d) plan 
submitted by the State of Missouri for MSW landfills, which 
incorporates the recent EPA updated rules. We are 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 section 111(d) 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

A. General Requirements
    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 by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211,

[[Page 21148]]

``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). 
This action merely approves a state rule implementing a Federal 
requirement, and does not alter the relationship or the distribution of 
power and responsibilities established in the Act. This rule also is 
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it approves a state rule implementing a Federal standard.
    In reviewing section 111(d) plan submissions, EPA's role is to 
approve State choices, provided that they meet the criteria of the Act. 
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 section 111(d) plan submission for failure to use VCS. 
It would thus be inconsistent with applicable law for EPA, when it 
reviews a section 111(d) plan submission, to use VCS in place of a 
section 111(d) plan submission that otherwise satisfies the provisions 
of the Act. 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 rule does not impose an information collection burden 
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.).
B. Submission to Congress and the Comptroller General
    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. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
    Under Section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 12, 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. 
This action approving Missouri's section 111(d) plan revision for SSI 
sources may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Ozone, Particulate matter, Reporting and recordkeeping requirements, 
Sulfur oxides.

    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 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED 
FACILITIES AND POLLUTANTS

0
1. The authority citation for part 62 continues to read as follows:

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

Subpart AA--Missouri

0
2. Section 62.6357 is amended by adding paragraph (e) to read as 
follows:


Sec.  62.6357  Identification of plan.

* * * * *
    (e) Amended plan for the control of air emissions from Municipal 
Solid Waste Landfills submitted by the Missouri Department of Natural 
Resources on February 9, 2012. The effective date of the amended plan 
is May 30, 2012.

[FR Doc. 2014-08340 Filed 4-14-14; 8:45 am]
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