[Federal Register Volume 80, Number 53 (Thursday, March 19, 2015)]
[Rules and Regulations]
[Pages 14312-14314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06115]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2015-0134; FRL-9924-44-Region 7]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Missouri; Reporting Emission Data, Emission Fees and Process 
Information

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 State Implementation Plan 
(SIP) and the Operating Permits Program for the State of Missouri 
submitted on October 2, 2013. These revisions remove definitions that 
were in this rule but have been moved to the state's general 
definitions rule. These revisions also clarify the information required 
in emission reports and clarify the types and frequency of reports for 
the emission inventory. In addition, a revision to the emission fees 
section of this rule clarifies that the current emissions fee is only 
applicable for years 2013, 2014, and 2015 as set by Missouri statute.

DATES: This direct final rule will be effective May 18, 2015, without 
further notice, unless EPA receives adverse comment by April 20, 2015. 
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-2015-0134, 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-
2015-0134. 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, 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 legal holidays. The interested persons wanting to examine 
these documents

[[Page 14313]]

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 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 approve the SIP and Operating 
Permits Program revisions submitted by the state of Missouri for 10 CSR 
10-6.110, ``Reporting Emission Data, Emission Fees, and Process 
Information,'' on October 3, 2013. Section (2) of the rule is being 
amended to move seven definitions from this rule to the state's general 
definifions rule 10 CSR 10-6.020 (and also the definitions for 
``reportable pollutant'' and ``reporting threshold'' which have been 
moved to the state's general definitions rule but not yet submitted to 
EPA for SIP approval.) Section (3)(A) revised the emission fees 
section, which is approved under the Operating Permits Program only, 
and clarifies that the current emissions fee is only applicable for 
years 2013, 2014 and 2015 as set by Missouri statute. No changes were 
made to the emission fees in the rule. Section (4) of the rule is being 
amended to better reflect information required in emission reports and 
clarifies the types and frequencies of reports to be submitted to the 
Missouri Department of Natural Resources (MDNR) Air Pollution Control 
Program for the Emissions Inventory Questionnaire. Missouri clarifies 
the rule by providing a table which lists the type of installation, 
such as, any installation that is required to obtain an operating 
permit, and any installation with an intermediate operating permit or a 
small source. The table shows various installations in the timetable 
for the full emissions report and/or the reduced reporting form, if 
applicable. The revisons to this section ensure that Missouri's rule is 
equivalent to EPA's Federal Air Emission Reporting Rule.

II. Have the requirements for approval of a SIP revision and operating 
permits program been met?

    The state submission has met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. The submission also 
satisfied the completeness criteria of 40 CFR part 51, appendix V. In 
addition, as explained above, the revision meets the substantive SIP 
requirements of the CAA, including section 110 and implementing 
regulations, as well as meeting the Title V requirements. MDNR received 
one comment from their Air Pollution Control program regarding 
capitalization of the term ``Full Emissions Report'' and the relevant 
term was corrected for rule clarity. Overall, these actions strengthen 
the Missouri SIP and Operating Permits program by providing 
clarifications for the regulated public. These revisions do not 
negatively impact air quality, nor relax the SIP or operating permits 
program.

III. What action is EPA taking?

    We are publishing 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 this Federal 
Register, we are publishing a separate document that will serve as the 
proposed rule to these SIP 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

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of Missouri's 
rule 10 CSR 10-6.110 described in the direct final amendments to 40 CFR 
part 52 set forth below. EPA has made, and will continue to make, these 
documents generally available electronically through 
www.regulations.gov and/or in hard copy at the appropriate EPA office 
(see the ADDRESSES section of this preamble for more information).
    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 Orders 12866 (58 
FR 51735, October 4, 1993) 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 appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications and will not impose substantial direct 
costs on tribal governments or preempt tribal law as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000).

[[Page 14314]]

    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 May 18, 2015. 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. 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 this 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

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 70

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

    Dated: March 4, 2015.
Mark J. Hague,
Acting Regional Administrator, Region 7.
    For the reasons stated in the preamble, the Environmental 
Protection Agency amends 40 CFR parts 52 and 70 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(c) the table is amended by revising the entry for 
10-6.110 to read as follows:


Sec.  52.1320  Identificaiton 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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                                                  * * * * * * *
10-6.110................  Reporting Emission            10/30/13  3/19/15 [Insert         Section (3)(A),
                           Data, Emission Fees,                    Federal Register        Emissions Fees, has
                           and Process                             citation].              not been approved as
                           Information.                                                    part of the SIP.
 
                                                  * * * * * * *
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* * * * *

PART 70--STATE OPERATING PERMIT PROGRAMS

0
3. The authority citation for part 70 continues to read as follows:

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


0
4. Appendix A to part 70 is amended by adding paragraph (dd) under 
Missouri to read as follows:

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

* * * * *

Missouri

* * * * *
    (dd) The Missouri Department of Natural Resources submitted 
revisions to Missouri rule 10 CSR 10-6.110, ``Reporting Emission 
Data, Emission Fees, and Process Information'' on October 2, 2013. 
The state effective date is October 30, 2013. This revision is 
effective May 18, 2015.
* * * * *
[FR Doc. 2015-06115 Filed 3-18-15; 8:45 am]
 BILLING CODE 6560-50-P