[Federal Register Volume 81, Number 174 (Thursday, September 8, 2016)]
[Proposed Rules]
[Pages 62066-62068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21467]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2016-0470; FRL-9951-88-Region 7]


Approval of Missouri's Air Quality Implementation Plans; Open 
Burning Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the State Implementation Plan (SIP) for the State 
of Missouri related to open burning. On November 24, 2009, the Missouri 
Department of Natural Resources (MDNR) requested to amend the SIP to 
replace four area specific open burning rules into one rule that is 
area specific and applicable state-wide. These revisions to Missouri's 
SIP do not have an adverse effect on air quality as demonstrated in the 
technical support document (TSD) which is a part of this docket. EPA's 
proposd approval of these SIP revisions is being done in accordance 
with the requirements of the Clean Air Act (CAA).

DATES: Comments must be received on or before October 11, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2016-0470, to http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Steven Brown, Environmental

[[Page 62067]]

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,'' and 
``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 proposing to approve the SIP revision submitted by the state 
of Missouri that replaces four area specific open burning rules with a 
rule that is applicable state-wide. On November 24, 2009, the MDNR 
requested to amend the SIP that recinds Missouri Open Burning 
Restrictions 10 CSR 10-2.100, 10 CSR 10-3.030, 10 CSR 10-4.090, 10 CSR 
10-5.070 and consolidates these four rules into a new rule, 10 CSR 10-
6.045. The rule adds language that allows burning of ``trade wastes'' 
by permit in areas for situations where open burning is in the best 
interest of the general public or when it can be shown that open 
burning is the safest and most feasible method of disposal. The rule 
reserves the right for the staff director to deny, revoke or suspend an 
open burn permit. It changes the general provisions section by not 
limiting liability to an individual who is directly responsible for a 
violation and extends the regulatory liability to any person, such as a 
property owner who hires an individual to start the fire. The rule also 
adds the definition of ``untreated wood'' for clarification to aid 
compliance purposes.

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

III. What action is EPA taking?

    EPA is proposing approval of revisions to the Missouri SIP 
regarding an open burn regulation that replaces four area-specific open 
burning rules. EPA has conducted a full evaluation of the regulation, 
which is discussed in detail in the TSD, which is in the docket for 
this rulemaking.
    As discussed in detail in the TSD, Missouri submitted emissions and 
monitoring analyses to make a demonstration that the rule does not 
violate the requirements of CAA section 110 (l), 42 U.S.C. 7411. In 
addition, EPA Region 7 performed an analysis of open burning emissions 
and utilized emissions inventory data from Missouri's Early Progress 
Plan to analyze over all emissions in the St. Louis area.
    EPA believes that consolidating the four rules into one single rule 
creates less confusion and simplifies open burning restrictions for 
compliance and implementation. Simplifying the rule and permitting 
process increases clarity and removes uncertainty in the process of 
applying for an open burn permit. MDNR credits streamlining the 
permitting rule and process as the reason for the decrease in illegal 
open burning attempts in the state, especially in and around the St. 
Louis area.
    The evidence provided in the TSD included in the docket for the 
rulemaking and Missouri's SIP submittal and rules show the rule change 
does not interfere with state's ability to attain or maintain an 
ambient air quality standard nor interfere with state's progress toward 
attainment. Specifically, MDNR's SIP revision will not compromise the 
State's efforts to meet and/or maintain the 1997 8-hour ozone, 2008 8-
hour ozone, or Fine Particulate Matter (PM2.5) National 
Ambient Air Quality Standards (NAAQS). Therefore, EPA supports 
approving these SIP revisions that add Missouri rule 10 CSR 10-6.045 to 
replace four rescinded open burning rules: 10 CSR 10-2.100, 10 CSR 10-
3.030, 10 CSR 10-4.090, 10 CSR 10-5.070.
    We are processing this as a proposed action because we are 
soliciting comments on this proposed action. Final rulemaking will 
occur after consideration of any comments.

IV. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference the proposed amendments to 40 CFR part 52 as set forth below. 
Therefore, these materials have been approved by EPA for inclusion in 
the State implementation plan, have been incorporated by reference by 
EPA into that plan, are fully Federally enforceable under sections 110 
and 113 of the CAA as of the effective date of the final rulemaking of 
EPA's approval, and will be incorporated by reference by the Director 
of the Federal Register in the next update to the SIP compilation.\1\ 
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).
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. 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 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

[[Page 62068]]

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 proposed 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 proposed 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 November 7, 2016. Filing a petition for 
reconsideration by the Administrator of this proposed 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 effectiveness of such 
future rule or action. This proposed 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 24, 2016.
Mark Hague,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA proposes to amend 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:
0
a. Removing the entries ``10-2.100'', ``10-3.030'', ``10-4.090'', and 
``10-5.070''.
0
b. Adding the entry ``10-6.045'' in numerical order.
    The addition reads as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
                                                      State
      Missouri citation             Title        effective date  EPA approval date           Explanation
----------------------------------------------------------------------------------------------------------------
                                    Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
10-6.045....................  Open Burning              9/30/09  [Date of           ............................
                               Requirements.                      publication of
                                                                  the final rule
                                                                  in the Federal
                                                                  Register]
                                                                  [Federal
                                                                  Register
                                                                  citation of the
                                                                  final rule].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-21467 Filed 9-7-16; 8:45 am]
 BILLING CODE 6560-50-P