[Federal Register Volume 81, Number 191 (Monday, October 3, 2016)]
[Rules and Regulations]
[Pages 67915-67917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23599]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2016-0529; FRL-9953-34-Region 7]


Approval of Missouri's Air Quality Implementation Plans and 
Operating Permits Program; Greenhouse Gas Tailoring Rule and Non-
Substantive Definition and Language Changes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Environmental Protection Agency (EPA) is taking direct final 
action to approve revisions to the Missouri State Implementation Plan 
(SIP) and the 40 CFR part 70 operating permits program. EPA is 
approving revisions to two Missouri rule(s) entitled, ``Construction 
Permits Required,'' and ``Operating Permits.'' This approval action is 
consistent with the July 12, 2013, U.S. Court of Appeals for the 
District of Columbia and the June 23, 2014, U.S. Supreme Court actions 
regarding Greenhouse Gas Prevention of Significant Deterioration and 
Title V Permitting. This action makes non-substantive changes to 
definitions, and language clarifications.

DATES: This direct final rule will be effective December 2, 2016, 
without further notice, unless EPA receives adverse comment by November 
2, 2016. 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-2016-0529, to http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. 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. 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: Larry Gonzalez at (913) 551-7041, 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 approving revisions to the Missouri SIP and Operating 
Permits Program requested from four separate requests. In the first 
request dated August 8, 2011, the State of Missouri asked that EPA 
amend the SIP and the state's operating permits program to include rule 
revisions that incorporate Federal permitting requirements for 
greenhouse gas emissions under state rule 10 CSR 10-6.065.
    In the second request, also dated August 8, 2011, the State of 
Missouri asked that EPA amend the SIP to incorporate Federal permitting 
requirements to address new construction projects that emit 100,000 
tons per year or more of greenhouse gases, as well as clarifying some 
rule text.
    In the third request dated August 31, 2012, the State of Missouri 
asked that EPA amend the SIP to include recently promulgated revisions 
to the state rule 10 CSR 10-6.065 in order to defer for a period of 
three years the application of Title V permitting to carbon dioxide 
emissions from biogenic sources. In addition to the biogenic deferral 
language, Missouri included non-substantive edits and minor 
administrative rule revisions in this submission. For example, Missouri 
relabeled 10 CSR 10-6.065(3)(A)5 to 10 CSR 10-6.065(3)(B), and reworded 
the following in that same subsection ``40 CFR part 63, subpart EEE'' 
to ``40 CFR 63, subpart EEE.''
    On July 14, 2016, the State of Missouri modified the 2011 and 2012 
requests in a letter to EPA. The letter addresses the court directed 
revisions to EPA's GHG permitting provisions. Specifically, in the July 
14, 2016, letter, Missouri identified regulatory language of the 
earlier submittals that it was withdrawing its request to EPA to 
approve into the SIP and notified EPA that the state will update its 
rules in the future to remove those provisions. The State explained 
that these changes to their earlier submittals are a result of court 
decisions by the Supreme Court (Utility Air Regulatory Group v. EPA, 
June 23, 2014) and the U.S. Court of Appeals for the District of 
Columbia (Coalition for Responsible Regulation, Inc. et al. v. EPA, 
April 10, 2015), in which the courts vacated certain permitting 
requirements that were included in Missouri's August 8, 2011, 
submission. In the July 2016 submittal, the state clarified this 
earlier request to EPA as follows:
    (1) Missouri requested that in 10 CSR 10-6.060(8)(A), not include 
as part of the Missouri SIP the phrase ``including the revision 
published at 75 FR 31606-07 (effective August 2, 2010).'' Instead 
subsection (8)(A) will read ``. . . promulgated as of July 1, 2009 are 
hereby incorporated . . .''
    (2) Missouri requested that in 10 CSR 10-6.6065(2)(A)2., not 
include the words ``Except that:'' and do not include the subparagraphs 
(2)(A)2.A. and (2)(A)2.B. as part of the Missouri SIP.
    In addition, Missouri requested that EPA only include into the 
Missouri SIP the non-substantive wording clarifications submitted on 
August 31, 2012, without the biogenic deferral

[[Page 67916]]

wording revisions because the biogenic deferrals had expired.
    These requested and remaining revisions to Missouri's earlier 
submittals are consistent with the changes in Federal permitting 
requirements that were necessitated by the two earlier mentioned court 
decisions. These changes will make Missouri's GHG permitting 
requirements included in the SIP consistent with current Federal 
requirements.

II. Have the requirements for approval of a SIP revision been met?

    The state submissions have met the public notice requirements of 
SIP submissions in accordance with 40 CFR 51.102. The submissions also 
satisfy the completeness criteria of 40 CFR part appendix V. In 
addition, the revisions meet the substantive SIP requirements of the 
CAA, including section 110 and implementing regulations.

III. What action is EPA taking?

    EPA is approving the request to amend the Missouri SIP and 
operating permits program by approving the State's request to amend 10 
CSR 10-6.060, and 10 CSR 10-6.065 to align the State's rule with EPA's 
GHG Tailoring rule, streamline the public notice procedures to align 
them with similar procedures in the EPA rules, and allows the 
flexibility to publish notices on the internet.
    We are processing this action as a direct final action because the 
revisions make routine changes to the existing rules which are 
noncontroversial. Therefore, we do not anticipate any adverse comments. 
Please note that if EPA receives adverse comment on part of this rule 
and if that part can be severed from the remainder of the rule, EPA may 
adopt as final those parts of the rule that are not the subject of an 
adverse comment.

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 of the Missouri 
Regulations described in the direct final amendments to 40 CFR part 52 
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 at the appropriate EPA office (see the 
ADDRESSES section of this preamble for more information).
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    \1\ 62 FR 27968 (May 22, 1997).
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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 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 December 2, 2016. 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

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

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


[[Page 67917]]


    Dated: September 21, 2016.
Mark Hague,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA 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. Section 52.1320(c) is amended by revising entries 10 CSR 10-6.060 
and 10 CSR 10-6.065 under subheading ``Chapter 6'' 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 State of Missouri
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10-6.060.................  Construction Permits          08/30/11  10/3/16 [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, Pollution
                                                                                            Control Projects,
                                                                                            and exemption from
                                                                                            recordkeeping
                                                                                            provisions for
                                                                                            certain sources
                                                                                            using the actual-to-
                                                                                            projected-actual
                                                                                            emissions
                                                                                            projections test are
                                                                                            not SIP approved.
                                                   ..............                          In addition, we have
                                                                                            not approved
                                                                                            Missouri's rule
                                                                                            incorporating EPA's
                                                                                            2007 revision of the
                                                                                            definition of
                                                                                            ``chemical
                                                                                            processing plants''
                                                                                            (the ``Ethanol
                                                                                            Rule,'' 72 FR 24060
                                                                                            (May 1, 2007) or
                                                                                            EPA's 2008
                                                                                            ``fugitive emissions
                                                                                            rule,'' 73 FR 77882
                                                                                            (December 19, 2008).
                                                   ..............                          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.
                                                   ..............                          EPA is not approving
                                                                                            in subsection (8)(A)
                                                                                            the phrase
                                                                                            ``including the
                                                                                            revision published
                                                                                            at 75 FR 31606-07
                                                                                            (effective August 2,
                                                                                            2010).''
 
                                                  * * * * * * *
10-6.065.................  Operating Permits.....        08/30/11  10/3/16 [Insert         EPA has not approved
                                                                    Federal Register        Section (4) as part
                                                                    citation].              of the SIP.
                                                                                           EPA is not approving
                                                                                            in paragraph (2)(A)2
                                                                                            the words, ``except
                                                                                            that'' and is not
                                                                                            approving
                                                                                            subparagraphs
                                                                                            (2)(A)2.A. and
                                                                                            (2)(A)2.B.
 
                                                  * * * * * * *
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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 (ff) under 
Missouri to read as follows:

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

* * * * *

Missouri

* * * * *
    (ff) The Missouri Department of Natural Resources submitted 
revisions to CSR on April 28, 2011. We are approving this rule 
except for Section (4) which relates to the State Basic Operating 
permits, and we are not approving in paragraph (2)(A)2 the words, 
``except that'' and are not approving subparagraphs (2) (A)2.A. and 
(2)(A)2.B. This approval is effective December 2, 2016.
* * * * *

[FR Doc. 2016-23599 Filed 9-30-16; 8:45 am]
 BILLING CODE 6560-50-P