[Federal Register Volume 80, Number 107 (Thursday, June 4, 2015)]
[Rules and Regulations]
[Pages 31844-31846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13410]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0123; FRL-9928-60-Region 7]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Missouri, Construction Permits Required

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve revisions to the State Implementation Plan (SIP) for 
the State of Missouri submitted on October 2, 2013. This final action 
will amend the SIP to update the construction permits rule to 
incorporate by reference recent EPA actions related to plantwide 
applicability limitations (PALs) for greenhouse gases (GHGs) and to 
correct the definition of ``regulated NSR pollutant.'' Other revisions 
include modifying the notification period for initial equipment start-
up and clarifying de minimis permit air quality analysis requirements.

DATES: This final rule is effective on July 6, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2015-0123. 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 a.m. to 4:30 p.m., 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: 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. EPA's Response to Comments
IV. What action is EPA taking?

I. What is being addressed in this document?

    EPA is taking final action to approve the SIP revision submitted by 
the state of Missouri for 10 CSR 10-6.060, ``Construction Permits 
Required''. EPA previously proposed approval of this rule on March 18, 
2015 (80 FR 14062). On October 3, 2013, EPA received a request to amend 
the SIP to incorporate by reference all paragraphs of title 40, Code of 
Federal Regulations (CFR), section 52.21, except for paragraphs (a),

[[Page 31845]]

(q) and (s) through July 1, 2012. Missouri also requested to amend the 
SIP to incorporate by reference EPA's July 12, 2012, final rule 
finalizing PALs for GHGs (77 FR 41051) and EPA's October 25, 2012, 
final rule amending the definition of ``Regulated NSR Pollutant'' 
concerning condensable particulate matter (77 FR 65107). In Missouri's 
letter to EPA, Missouri also requested to amend the SIP to incorporate 
EPA's May 18, 2011, rule repealing the grandfathering provisions for 
particulate matter less than 2.5 micrometers (PM2.5) under 
the PSD program; the state already has an approved PSD program which 
incorporates by reference the provisions of 40 CFR 52.21 through July 
1, 2011. Therefore, Missouri's Federally approved program already 
incorporates this action. Other revisions to Missouri's rule which we 
are taking final action on include clarifying the requirements for 
conducting an air quality analysis in section 5, De Minimis Permits; 
making minor administrative clarifications; and revising the 
notification period for initial start-up in section 6, General Permits.

II. Have the requirements for approval of a SIP revision 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 and in more detail in the proposed rule 
that was published in the Federal Register on March 18, 2015, the 
revision meets the substantive SIP requirements of the CAA, including 
section 110 and implementing regulations.

III. EPA's Response to Comments

    The public comment period on EPA's proposed rule opened March 18, 
2015, the date of its publication in the Federal Register, and closed 
on April 18, 2015. During this period, EPA received no comments.

IV. What action is EPA taking?

    EPA is taking final action to approve the revisions to the SIP. 
These revisions update the construction permits rule to incorporate by 
reference recent EPA actions related to PALs for GHGs, and amend the 
definition of ``Regulated NSR Pollutant.'' Other revisions include 
modifying the notification period for initial equipment start-up and 
clarifying de minimis permit air quality analysis requirements.

Statutory and Executive Order Reviews

    In this rule, EPA is including final EPA rule regulatory text that 
includes incorporation by reference. In accordance with requirements of 
1 CFR 51.5, EPA is taking final action to incorporate by reference 
Missouri 10 CSR 10-6.060 ``Construction Permits Required'' described in 
the 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'' 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 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).
    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 August 3, 2015. Filing a petition for 
reconsideration by the Administrator of this rule does not affect the 
finality of this rulemaking 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 effectivess of such future 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.


[[Page 31846]]


    Dated: May 21, 2015.
Becky Weber,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA 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, the table in paragraph (c) is amended by revising 
the entry for 10-6.060 to read as follows:


Sec.  52.1320  Identification 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 Entire State of Missouri
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                                                  * * * * * * *
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10-6.060.......................  Construction Permits        10/30/13  6/4/15 and [Insert    Provisions of the
                                  Required.                             Federal Register      2010 PM2.5 PSD--
                                                                        citation].            Increments, SILs
                                                                                              and SMCs rule (75
                                                                                              FR 64865, October
                                                                                              20, 2010) relating
                                                                                              to SILs and SMCs
                                                                                              that were affected
                                                                                              by the January 22,
                                                                                              2013, U.S. Court
                                                                                              of Appeals
                                                                                              decision are not
                                                                                              SIP approved.
                                                                                             Provisions of the
                                                                                              2002 NSR reform
                                                                                              rule relating to
                                                                                              the Clean Unit
                                                                                              Exemption and
                                                                                              Pollution Control
                                                                                              Projects are not
                                                                                              SIP approved.
                                                                                             In addition, we
                                                                                              have not approved
                                                                                              Missouri's rule
                                                                                              incorporating
                                                                                              EPA's 2007
                                                                                              revision for the
                                                                                              definition of
                                                                                              ``chemical
                                                                                              processing
                                                                                              plants'' (the
                                                                                              ``Ethanol Rule,''
                                                                                              72 FR 24060 (May
                                                                                              1, 2007).
                                                                                             Although exemptions
                                                                                              previously listed
                                                                                              in 10 CSR 10-6.060
                                                                                              have been
                                                                                              transferred to 10
                                                                                              CSR 10-6.061, the
                                                                                              Federally-approved
                                                                                              SIP continues to
                                                                                              include the
                                                                                              following
                                                                                              exemption;
                                                                                              ``Livestock and
                                                                                              livestock handling
                                                                                              systems from which
                                                                                              the only potential
                                                                                              contaminant is
                                                                                              odorous gas.''
                                                                                             Section 9,
                                                                                              pertaining to
                                                                                              hazardous air
                                                                                              pollutants, is not
                                                                                              SIP approved.
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[FR Doc. 2015-13410 Filed 6-3-15; 8:45 am]
 BILLING CODE 6560-50-P