[Federal Register Volume 79, Number 138 (Friday, July 18, 2014)]
[Rules and Regulations]
[Pages 41908-41910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16831]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2013-0674; FRL-9913-79-Region-7]


Approval and Promulgation of Implementation Plans; State of 
Missouri; Control of Nitrogen Oxide Emissions From Large Stationary 
Internal Combustion Engines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a State Implementation Plan (SIP) revision submitted 
by the State of Missouri to EPA on September 21, 2010, with a 
supplemental revision submitted on July 3, 2013. The purpose of the SIP 
revision is to incorporate revisions to a Missouri regulation to 
control Nitrogen Oxide (NOX) emissions from large stationary 
internal combustion engines. This revision includes an emission rate 
limitation for both large stationary diesel and dual fuel internal 
combustion engines and adds an exemption for compression ignited 
stationary internal combustion engines that emit 25 tons or less of 
NOX between May 1 and September 30. EPA has determined that 
the SIP revision submitted by the State of Missouri satisfies the 
applicable requirements of the Clean Air Act (CAA or Act), and in 
particular, the April 21, 2004, final Federal Phase II NOX 
SIP Call.

DATES: This rule is effective on August 18, 2014.

ADDRESSES: EPA has established docket number EPA-R07-OAR-2013-0674 for 
this action. All documents in the electronic docket are listed in the 
http://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. 
Publicly available docket materials are available either electronically 
at http://www.regulations.gov or in hard copy at U.S. Environmental 
Protection Agency, Region 7, 11201 Renner Boulevard, Lenexa, Kansas 
66219 from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
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: Ms. Lachala Kemp, Air Planning and 
Development Branch, U.S. Environmental Protection Agency, Region 7, 
11201 Renner Boulevard, Lenexa, KS 66219; telephone number: (913) 551-
7214; fax number: (913) 551-7065; email address: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' or 
``our'' refer to EPA. This section provides additional information by 
addressing the following questions:

Table of Contents

I. What action is EPA taking in this final rule?
II. What is the background for the approvals by EPA in this final 
rule?
III. EPA's Response to Comment
IV. EPA's Final Action

I. What action is EPA taking in this final rule?

    EPA is taking final action to approve a State Implementation Plan 
(SIP) revision submitted by the State of Missouri to EPA on September 
21, 2010, with a supplemental revision submitted on July 3, 2013. The 
purpose of the SIP revision is to incorporate changes to a Missouri 
regulation (Title 10 of the Code of State Regulations (CSR) 10-6.390) 
to control Nitrogen Oxide (NOX) emissions from large 
stationary internal combustion (IC) engines to ensure compliance with 
the federal NOX control plan to reduce the transport of air 
pollutants.\1\ EPA finalized the second phase (Phase II) of its rule 
known as the NOX SIP Call Rule on April 21, 2004 (69 FR 
21604). Phase II required the eastern one-third of Missouri to 
participate in the NOX SIP Call and included a provision 
related to source categories of IC engines. The IC provision 
established a requirement to decrease emissions from diesel and dual 
fuel stationary IC engines by ninety percent. Phase II of the 
NOX SIP Call

[[Page 41909]]

also required each state in the control region to submit a SIP that 
contained adequate provisions prohibiting its sources from emitting air 
pollutants that would contribute significantly to nonattainment, or 
interfere with maintenance, in one or more downwind states. See, 
generally, 69 FR 21608.
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    \1\ The effective date of the rule in Missouri was May 30, 2010.
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    Missouri's rule establishes emissions levels for large stationary 
internal combustion engines of greater than one thousand three hundred 
horsepower located in the counties of Bollinger, Butler, Cape 
Girardeau, Carter, Clark, Crawford, Dent, Dunklin, Franklin, Gasconade, 
Iron, Jefferson, Lewis, Lincoln, Madison, Marion, Mississippi, 
Montgomery, New Madrid, Oregon, Pemiscot, Perry, Pike, Ralls, Reynolds, 
Ripley, St. Charles, St. Francois, St. Louis, Ste. Genevieve, Scott, 
Shannon, Stoddard, Warren, Washington, and Wayne counties, and the City 
of St. Louis in Missouri. To be subject to this rule, the IC engines 
must either have emitted greater than one ton per day of NOX 
on average during the period from May 1 through September 30 of 1995, 
1996, or 1997, or began operations after September 30, 1997. 10 CSR 10-
6.390(1)(A), (B).
    On January 8, 2014, EPA published in the Federal Register a 
proposed rulemaking to approve Missouri's request to revise Missouri's 
SIP and include this 2010 amendment to the Missouri rule. The public 
comment period on EPA's proposed rule opened January 8, 2014, the date 
of its publication in the Federal Register, and closed on February 7, 
2014. During this period, EPA received one comment letter from a member 
of the public. The letter is available in the docket to today's final 
rule. Today's final action includes EPA's response to this comment.

II. What is the background for the approvals by EPA in this final rule?

    This section briefly summarizes the background for today's final 
action. More detailed discussion of the statutory and regulatory 
background can be found in the preamble to the proposal for this 
rulemaking. (79 FR 1350, January 8, 2014.)
    The Missouri rule establishes emission rate limits using current 
reporting requirements for both large stationary diesel engines and 
dual fuel IC engines and adds a twenty-five ton NOX 
exemption.
    Any compression ignited stationary engine that begins operation 
after September 30, 1997, and emits twenty-five (25) tons or less of 
NOX during the period from May 1 through September 30 is 
exempt from certain emission rate limits found at 10 CSR 10-
6.390(3)(B)3 and 4. This exemption is based on the previous year's 
NOX emissions during the May 1 through September 30 period. 
If the exemption limit is exceeded, for any reason, the engine in 
question will be required to meet the applicable limits of subsection 
(3)(B) each year thereafter. The exemption does not apply to the record 
keeping and reporting requirements of 10 CSR 10-6.390(4).
    Section 110(l) of the CAA states that EPA shall not approve a 
revision of a SIP if the revisions would interfere with any applicable 
requirement concerning attainment and reasonable further progress, or 
any other applicable requirement of the CAA. The state's SIP revision 
included a demonstration that this twenty-five ton NOX 
exemption for compression ignited stationary IC engines will not 
adversely impact air quality. The analysis, included in the docket for 
today's action, also showed that the exemption will not affect the 
state's ability to meet its NOX SIP Call obligations.
    EPA has reviewed the state's analysis of the potential impacts of 
this NOX exemption on air quality and has determined that 
the twenty-five ton NOX exemption in 10 CSR 10-6.390 will 
not adversely impact air quality and will not affect the state's 
ability to meet its NOX SIP Call obligations, previously 
approved in a separate action on August 15, 2006 (71 FR 46860).

III. EPA's Response to Comment

    The public comment period on EPA's proposed rule opened January 8, 
2014, the date of its publication in the Federal Register, and closed 
on February 7, 2014. During this period, EPA received one comment from 
a citizen, and the comment letter is available in the docket to today's 
final rule. Today's final action includes EPA's response to the 
comment.
    Comment: The citizen commented, among other things, that Missouri's 
allowable NOx budget should be revised and subsequently a SIP revision 
should be requested to reflect the lower emissions ceiling.
    Response: EPA would like to thank the citizen for the comment, but 
disagrees with the Commenter's view. EPA's NOX emissions 
budgets were set under the final Federal Phase II NOX SIP 
Call (69 FR 21604, April 21, 2004). The budgets were an accounting 
mechanism for ensuring that upwind states have adopted and are 
implementing control measures that will address their significant 
contribution to downwind nonattainment, and interference with 
maintenance areas in other states for the 1-hour and the 1997 8-hour 
ozone standard. These budgets have been set through notice-and-comment 
rulemaking and EPA has already determined that Missouri has met its 
obligation under the Phase II NOX SIP call (71 FR 46860, 
August 15, 2006).

IV. EPA's Final Action

    In today's rulemaking, EPA is taking final action to approve a 
revision to the Missouri SIP to control NOX emissions from 
large stationary internal combustion engines. The revisions will also 
add a NOX exemption for compression ignited stationary 
internal combustion engines that emit 25 tons or less of NOX 
during the ozone season. If this level is exceeded, the regular 
emission rate limits in the regulation would apply. The requirements 
prescribed in the SIP revision are consistent with the April 21, 2004, 
final Federal Phase II NOX SIP Call. EPA has determined that 
the SIP submitted by the State of Missouri satisfies the applicable 
requirements of the CAA.

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 
final 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 final action:
     Is not a ``significant regulatory action'' under the terms 
of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under Executive Orders 12866 and 13563 
(76 FR 3821, January 21, 2011).
     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

[[Page 41910]]

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 September 16, 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen oxides, Reporting and 
recordkeeping requirements.

    Dated: July 1, 2014.
Karl Brooks,
Regional Administrator, Region 7.
    For the reasons stated in the preamble, the Environmental 
Protection Agency proposes to amend 40 CFR part 52 as set forth below:
    40 CFR part 52 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. Section 52.1320 table in paragraph (c) is amended by revising the 
entry for ``Chapter 6--Air Quality Standards, Definitions, Sampling and 
Reference Methods, and Air Pollution Control Regulations for the State 
of Missouri'' ``10-6.390'' to read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Missouri Regulations
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                                                          State effective
       Missouri citation                  Title                 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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                                                  * * * * * * *
10-6.390.......................  Control of NOX               05/30/2010   07/18/2014         ..................
                                  Emissions from Large                      [insert Federal
                                  Stationary Internal                       Register page
                                  Combustion Engines.                       number where the
                                                                            document begins].
 
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[FR Doc. 2014-16831 Filed 7-17-14; 8:45 am]
BILLING CODE 6560-50-P