[Federal Register Volume 80, Number 217 (Tuesday, November 10, 2015)]
[Rules and Regulations]
[Pages 69602-69604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28486]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0268; FRL 9936-72-Region 7]


Approval and Promulgation of Implementation Plans; State of 
Missouri; Control of Petroleum Liquid Storage, Loading and Transfer

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve the State Implementation Plan (SIP) revision 
submitted by the state of Missouri. This revision includes regulatory 
amendments that remove the requirements of stage II vapor recovery 
control systems at gasoline dispensing facilities in the St. Louis 
area, revise certification and testing procedures for stage I vapor 
recovery systems, prohibit above ground storage tanks at gasoline 
dispensing facilities, and include general revisions to better clarify 
the rule. These revisions to Missouri's SIP do not have an adverse 
effect on air quality as demonstrated in Missouri's technical 
demonstration document and EPA's technical support demonstration which 
is a part of this docket.

DATES: This final rule is effective on December 10, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2015-0268. 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

[[Page 69603]]

www.regulations.gov or 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: Steven Brown, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219 at (913) 551-7718, 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?
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?

    EPA is taking final action to approve a SIP revision submitted by 
the state of Missouri that removes the requirements of stage II vapor 
recovery control systems at gasoline dispensing facilities in the St. 
Louis area and includes minor revisions to the rule as described below. 
EPA proposed approval on July 22, 2015 and no comments were received.
    On November 20, 2014, Missouri submitted a request to revise the 
SIP to include the following revision to Missouri Rule 10 CSR 10-5.220, 
``Control of Petroleum Liquid Storage, Loading and Transfer'' which: 
(1) Removes the requirements of stage II vapor recovery control systems 
at gasoline dispensing facilities in the St. Louis area, (2) revises 
certification and testing procedures for the remaining stage I systems 
consistent with California Air Resources Board (CARB) vapor recovery 
requirements instead of the Missouri Performance Evaluation and Test 
Procedures (MOPETP), (3) prohibits above ground storage tanks at 
gasoline dispensing facilities, and (4) includes general text revisions 
to better clarify the rule.

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 technical 
support document which is part of this document, the revision meets the 
substantive SIP requirements of the CAA, including section 110, section 
193 and implementing regulations.

III. EPA's Response to Comments

    The public comment period on EPA's proposed rule opened July 22, 
2015, the date of its publication in the Federal Register (80 FR 
43371), and closed on August 21, 2015. During this period, EPA received 
no comments.

IV. What action is EPA taking?

    EPA is taking final action to amend the Missouri SIP to remove the 
requirements of stage II vapor recovery control systems at gasoline 
dispensing facilities in the St. Louis area, revise certification and 
testing procedures for stage I vapor recovery systems, prohibit above 
ground storage tanks at gasoline dispensing facilities, and include 
general revisions to better clarify the rule.

Incorporation by Reference

    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 the Missouri 
Regulation ``Control of Petroleum Liquid Storage, Loading and 
Transfer'' 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 
at the appropriate EPA office (see the ADDRESSES section of this 
preamble for more information).

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 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).

[[Page 69604]]

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: October 30, 2015.
Mark Hague,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amends 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(c) the table is amended by revising the entry for 
``10-5.220''to read as follows:
* * * * *
    (c) * * *

                                        EPA-Approved Missouri Regulations
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                                                    State
      Missouri citation              Title        effective     EPA Approval              Explanation
                                                     date           date
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                                    Missouri Department of Natural Resources
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    Chapter 5-Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
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                                                  * * * * * * *
10-5.220.....................  Control of           11/30/14  11/10/15 and
                                Petroleum                      [Insert
                                Liquid Storage,                Federal
                                Loading and                    Register
                                Transfer.                      citation].
 
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[FR Doc. 2015-28486 Filed 11-9-15; 8:45 am]
BILLING CODE 6560-50-P