[Federal Register Volume 79, Number 160 (Tuesday, August 19, 2014)]
[Rules and Regulations]
[Pages 48994-48995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19536]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2014-0290; FRL-9915-28-Region 7]


Approval and Promulgation of Implementation Plans; State of 
Missouri; Infrastructure SIP Requirements for the 2008 Lead National 
Ambient Air Quality Standard

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a revision to the State Implementation Plan (SIP) for 
the State of Missouri addressing the applicable requirements of Clean 
Air Act (CAA) section 110 for the 2008 National Ambient Air Quality 
Standards (NAAQS) for Lead (Pb). Section 110 requires that each state 
adopt and submit a SIP to support implementation, maintenance, and 
enforcement of each new or revised NAAQS promulgated by EPA. These SIPs 
are commonly referred to as ``infrastructure'' SIPs. The infrastructure 
requirements are designed to ensure that the structural components of 
each state's air quality management program are adequate to meet the 
state's responsibilities under the CAA.

DATES: This final rule is effective on September 18, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2014-0290. 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 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: 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: 

I. Background

    Throughout this document ``we,'' ``us,'' or ``our'' refer to EPA. 
On June 4, 2014 (79 FR 32200), EPA published a notice of proposed 
rulemaking (NPR) for the State of Missouri. The NPR proposed approval 
of Missouri's submittal that provides the basic elements specified in 
section 110(a)(2) of the CAA, or portions thereof, necessary to 
implement, maintain, and enforce the 2008 Pb NAAQS.

II. Summary of SIP Revision

    On December 20, 2011, EPA received a SIP revision from the Missouri 
Department of Natural Resources that addresses the infrastructure 
elements specified in section 110(a)(2) of the CAA, necessary to 
implement, maintain and enforce the 2008 Pb NAAQS. This submittal 
addressed the following infrastructure elements of section 110(a)(2): 
(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M). 
Specific requirements of section 110(a)(2) of the CAA and the rationale 
for EPA's proposed action to approve the SIP submittal are explained in 
the NPR and will not be restated here. No public comments were received 
on the NPR.

III. Final Action

    EPA is approving Missouri's submittal which provides the basic 
program elements specified in section 110(a)(2)(A), (B), (C), (D), (E), 
(F), (G), (H), (J), (K), (L), and (M) of the CAA, or portions thereof, 
necessary to implement, maintain, and enforce the 2008 Pb NAAQS, as a 
revision to the Missouri SIP. This action is being taken under section 
110 of the CAA. As discussed in each applicable section of NPR, EPA is 
not acting on section 110(a)(2)(I)--Nonattainment Area Plan or Plan 
Revisions Under Part D and on the visibility protection portion of 
section 110(a)(2)(J).

IV. 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'' 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 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

[[Page 48995]]

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 October 20, 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.

    Dated: August 7, 2014.
Karl Brooks,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the Environmental 
Protection Agency is amending 40 CFR part 52 as set forth below:

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(e) the table is amended by adding new entry (61) in 
numerical order at the end of the table to read as follows:


Sec.  52.1320  Identification of Plan.

* * * * *
    (e) * * *

                               EPA-Approved Missouri Nonregulatory SIP Provisions
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   Name of non-regulatory SIP     Applicable geographic  State submittal
            provision             or nonattainment area        date        EPA approval date      Explanation
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                                                  * * * * * * *
(61) Section 110(a)(2)            Statewide............      12/20/2011   08/19/2014 [insert  This action
 Infrastructure Requirements for                                           Federal Register    addresses the
 the 2008 Pb NAAQS.                                                        citation].          following CAA
                                                                                               elements:
                                                                                               110(a)(2)(A),
                                                                                               (B), (C), (D),
                                                                                               (E), (F), (G),
                                                                                               (H), (J), (K),
                                                                                               (L), and (M).
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[FR Doc. 2014-19536 Filed 8-18-14; 8:45 am]
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