[Federal Register Volume 81, Number 196 (Tuesday, October 11, 2016)]
[Rules and Regulations]
[Pages 70025-70029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24375]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2016-0571; FRL-9953-77-Region 7]


Approval of Missouri's Air Quality Implementation Plans, 
Operating Permits Program, and 112(l) Plan; Construction Permits 
Required

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 Missouri's State Implementation Plan 
(SIP), Operating Permits Program, and 112(l) Plan. The April 6, 2016, 
request from Missouri revises fees for permitting services provided by 
the air quality program, including construction permit applications and 
operating permit applications. Missouri also removed the basic 
operating permit requirement in their ``Operating Permits'' rule for 
incinerators with emissions less than the de minimis levels. While EPA 
has never approved the basic operating permit program into Missouri's 
SIP or Missouri's Operating Permits Program, one statement on 
incinerators in the approved SIP and Operating Permits Program is 
removed by the submission. This statement applied the ``Operating 
Permits'' rule to all incinerators within the State. Any permittees 
with incinerators already required to have either Intermediate State 
Operating Permits or part 70 Operating Permits will still have the same 
permitting requirements. This revision does not exempt any incinerators 
from appropriate permitting. Likewise, any future permittees with 
incinerators under the former version of the SIP and Operating Permits 
Program would have required either an Intermediate State Operating 
Permit or a part 70 Operating Permit will still have the same

[[Page 70026]]

permitting requirement under the revised SIP and Operating Permits 
Program. Finally the submission from Missouri makes non-substantive 
style changes.

DATES: This direct final rule will be effective December 12, 2016, 
without further notice, unless EPA receives adverse comment by November 
10, 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-2016-0571, 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: Jed D. Wolkins, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219 at 913-551-7588, 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. What part 52 revision is EPA approving?
III. What part 70 Revision is EPA approving?
IV. What 112(l) revision is EPA approving?
V. Have the requirements for approval of a SIP revision been met?
VI. What action is EPA taking?

I. What is being addressed in this document?

    The submission from Missouri revises 10 CSR 10-6.060, Construction 
Permits Required, and 10 CSR 10-6.065, Operating Permits. Missouri's 
revisions increase fees for permitting services provided by the air 
quality program, including construction permit applications and 
operating permit applications. Missouri also removed the basic 
operating permit requirement, under 10 CSR 10-6.065, for incinerators 
with emissions less than the de minimis levels. While EPA has never 
approved the basic operating permit program into the Missouri's SIP or 
Missouri's Operating Permits Program, one statement on incinerators, 10 
CSR 6.065(1)(B), in the approved SIP and Operating Permits Program is 
removed by the submission. This statement applied 10 CSR 10-6.065 to 
all incinerators within the State. Any Permittees with incinerators 
already required to have either Intermediate State Operating Permits or 
part 70 Operating Permits will still have the same permitting 
requirements. This revision does not exempt any incinerators from 
appropriate permitting. Likewise, any future permittees with 
incinerators under the former version of the SIP and Operating Permits 
Program would have required either an Intermediate State Operating 
Permits or a part 70 Operating Permits will still have the same 
permitting requirement under the revised SIP and Operating Permits 
Program. Finally the submission from Missouri makes non-substantive 
style changes.

II. What Part 52 revision is EPA approving?

    The revisions increase the fees charged for construction and 
operating permits. After stakeholder outreach, Missouri has increased 
fees in order to ensure that the department can continue to provide 
services and to keep the Air program solvent. The De minimis, the 
Minor, and the Temporary/Pilot construction permit filing fees 
increased from one hundred dollars ($100) to two hundred fifty dollars 
($250). The New Source Review (NSR), the Prevention of Significant 
Deterioration (PSD), the Hazardous Air Pollutants (HAP), and the 
Initial Plantwide applicability limit (PAL) construction permit filing 
fees increased from one hundred dollars ($100) to five thousand dollars 
($5,000). The Renewal PAL construction permit filing fee increased from 
one hundred dollars ($100) to two thousand five hundred dollars 
($2,500). The Portable Source Relocation Request construction permit 
filing fee increased from two hundred dollars ($200) to three hundred 
dollars ($300). The processing fees for all types of construction 
permits, except the Portable Source Relocation Request, increased from 
fifty dollars per hour ($50/hr) to seventy-five dollars per hour ($75/
hr). The initial and renewal Intermediate State Operating Permit and 
part 70 Operating Permit filing fees increased from a flat one hundred 
dollar ($100) fee to a variable fee based on number of units and 
additional complexity. The operating permit filing fees have a cap of 
six thousand dollars ($6,000).
    Specifically, revisions in the SIP add new fee tables within the 
following rule sections:
     10 CSR 10-6.060(10)--Permit Fees and Amendments;
     10 CSR 10-6.065(5)--Intermediate State Operating Permits; 
and
     10 CSR 10-6.065(6)--Part 70 Operating Permits.
    Revisions in the SIP amend the following rules to reference the new 
fee tables as follows:
     10 CSR 10-6.060(4)--Portable Equipment;
     10 CSR 10-6.060(10)(A)--Permit Fees and Amendments; and
     10 CSR 10-6.060(12)(A)--Appendix A, Permit Review 
Procedures.
    Revision in the SIP remove the blanket applicability of operating 
permits to incinerators as follows:
     10 CSR 10-6.065(1)(B)--Applicability, Incinerators.
    Revisions in the SIP also make non-substantive style changes 
throughout.
    Details of Missouri's SIP revisions can be found in the Technical 
Support Document located in this docket.

II. What Part 70 revision is EPA approving?

    The initial and renewal Intermediate State Operating Permit and 
part 70 Operating Permit filing fees increased from a flat one hundred 
dollar ($100) fee to a variable fee based on number of units and 
additional complexity. The filing fee has a cap of six thousand dollars 
($6,000).
    Revisions in part 70 add new fee tables within the following rule 
sections:
     10 CSR 10-6.065(5)--Intermediate State Operating Permits; 
and
     10 CSR 10-6.065(6)--Part 70 Operating Permits.
    Revision in the SIP remove the blanket applicability of operating 
permits to incinerators as follows:
     10 CSR 10-6.065(1)(B)--Applicability, Incinerators.
    Revisions in the SIP also make non-substantive style changes 
throughout.
    Details of Missouri's part 70 revisions can be found in the 
Technical Support Document located in this docket.

[[Page 70027]]

IV. What 112(l) revision is EPA approving?

    Missouri's submission indicated that the revisions made to 10 CSR 
10-6.065 ``include any revisions necessary to retain 112(l) approval 
under the Clean Air Act.'' The John S. Seitz Memo of April 13, 1993, 
titled ``Title V Program Approval Criteria for Section 112 
Activities,'' provides guidance on revisions to state Title V programs 
and how they intersect with section 112 requirements. It states, ``As 
for part 70 program revisions, no formal amendment to the initial title 
V program should typically be needed with respect to section 112 
requirements taking effect after the effective date of the program. The 
State's up-front commitment and demonstrations (i.e., legal authorities 
and mechanisms to adopt additional section 112 requirements) coupled 
with EPA's ability to review individual permits and to audit part 70 
programs periodically should provide reasonable assurance of adequate 
State implementation.'' The guidance further explains that, ``The 
State, however, remains responsible for maintaining and enhancing as 
necessary its authority to implement section 112, including any new 
regulations. In light of the demonstrations and/or commitments required 
for part 70 approval, the EPA will presume that a State's request for 
approval of its operating permits program will be an implicit request 
under section 112(l) for delegation of authority to implement 
Federally-promulgated section 112 requirements in the same form in 
which EPA issues them.'' Our September 25, 1995, 112(l) delegation to 
Missouri remains in effect.

V. 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 State of Missouri 
provided the rule changes for public notice on September 29, 2016. The 
State of Missouri held a public hearing on the rule changes on October 
29, 2016. 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 docket, 
the revision meets the substantive SIP requirements of the CAA, 
including section 110 and implementing regulations.

VI. What action is EPA taking?

    We are publishing this direct final rule without a prior proposed 
rule because we view this as a noncontroversial action and anticipate 
no adverse comment. The Missouri conducted outreach with stakeholders 
prior to proposing the rule changes; and, conducted public notice on 
the rule changes. The Missouri received substantive comments on one 
topic, the fee for PAL renewal. Missouri revised the fee based on those 
comments. Based on the rulemaking history, we do not anticipate adverse 
comments. However, in the ``Proposed Rules'' section of this Federal 
Register, we are publishing a separate document that will serve as the 
proposed rule to approve the SIP and Operating Permit Program 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.

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 Missouri 
Construction Permit Required Rule, 10 CSR 10-6.060, and Operating 
Permit Rule, 10 CSR 10-6.065. 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 Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review under Executive Orders 12866 and 13563 (76 FR 3821, 
January 21, 2011). This action is also not subject to Executive Order 
13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This 
action merely approves state law as meeting Federal requirements and 
imposes no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rulemaking will not 
have a significant economic impact on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
Because this rulemaking would approve pre-existing requirements under 
state law and does not impose any additional enforceable duty beyond 
that required by state law, it 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).
    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).
    This action also does not have Federalism implications because it 
does not have substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132 (64 FR 43255, August 
10, 1999). Thus Executive Order 13132 does not apply to this action. 
This action merely approves a state rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the CAA. This rulemaking also 
is not subject to Executive Order 13045, ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997) because it approves a state rule implementing a Federal standard.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. In this 
context, in the absence of a prior existing requirement for the State 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a state submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA when it reviews a state 
submission,

[[Page 70028]]

to use VCS in place of a state submission that otherwise satisfies the 
provisions of the CAA. Thus, the requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) do not apply. This action does not impose an information 
collection burden under the provisions of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.). Burden is defined at 5 CFR 1320.3(b).
    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 rule 
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 12, 2016. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule 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 final 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, 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: September 27, 2016.
Mike Brincks,
Acting 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 the entries for 10-6.060 
and 10-6.065 to read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Missouri Regulations
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                                                      State        EPA Approval
      Missouri citation              Title       effective date        date                 Explanation
----------------------------------------------------------------------------------------------------------------
                                    Missouri Department of Natural Resources
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                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
10-6.060.....................  Construction             3/30/16  10/11/16 and     --Provisions of the 2010 PM2.5
                                Permits                           [Insert          PSD--Increments, SILs and
                                Required.                         Federal          SMCs rule (75 FR 64865,
                                                                  Register         October 20, 2010) relating to
                                                                  citation].       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.''

[[Page 70029]]

 
                                                                                  --Section 9, pertaining to
                                                                                   hazardous air pollutants, is
                                                                                   not SIP approved.
                                                                                  --The phrase ``including the
                                                                                   revision published at 75 FR
                                                                                   31606-07 (effective August 2,
                                                                                   2010)'' in subsection (8)(A)
                                                                                   is not SIP approved.
 
                                                  * * * * * * *
10-6.065.....................  Operating                3/30/16  10/11/16 and     Section (4) Basic State
                                Permits.                          [Insert          Operating Permits, has not
                                                                  Federal          been approved as part of the
                                                                  Register         SIP. Subparagraphs
                                                                  citation].       (2)(A)2.A., (2)(A)2.B., and
                                                                                   the words ``except that'' in
                                                                                   paragraph (2)(A)2 have not
                                                                                   been approved as 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. Amend Appendix A to part 70 by adding paragraph (gg) under Missouri 
to read as follows:

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

* * * * *

Missouri

* * * * *
    (gg) The Missouri Department of Natural Resources submitted 
revisions to Missouri rule 10 CSR 10-6.065, ``Operating Permits'' on 
April 6, 2016. We are approving this rule except for Section (4) 
which relates to the State Basic Operating Permits; Subparagraph 
(2)(A)2.A.; Subparagraph(2)(A)2.B.; and the words ``except that'' in 
Paragraph (2)(A)2. The state effective date is March 30, 2016. This 
revision is effective December 12, 2016.
* * * * *
[FR Doc. 2016-24375 Filed 10-7-16; 8:45 am]
 BILLING CODE 6560-50-P