[Federal Register Volume 82, Number 58 (Tuesday, March 28, 2017)]
[Rules and Regulations]
[Pages 15299-15301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06009]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2016-0470; FRL-9958-72-Region 7]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a revision 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. EPA solicited comment 
in an earlier proposed rulemaking that published in the Federal 
Register on September 8, 2016, and received one comment in support of 
the proposed SIP revision. 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 the proposed rulemaking 
docket. EPA's final approval of these SIP revisions is being done in 
accordance with the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on April 27, 2017.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2016-0470. All documents in the docket are listed on 
the http://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 through www.regulations.gov or 
please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section for additional information.

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,'' 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 final approval of a SIP revision been 
met?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    EPA is taking final action 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 to rescind Missouri Open Burning 
Restrictions 10 CSR 10-2.100, 10 CSR 10-3.030, 10 CSR 10-4.090, and 10 
CSR 10-5.070, and consolidated these four rules into a new rule 10 CSR 
10-6.045. The new 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 in 
compliance purposes. On September 8, 2016, EPA proposed approval of the 
SIP revision in the Federal Register (81 FR 62066), the comment period 
closed on October 11, 2016. During this period, on October 11, 2016, 
EPA received one comment which is included in the docket from an 
unknown commenter that supports this final rule.

[[Page 15300]]

II. Have the requirements for final 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 (TSD) which is part of the proposed rulemaking docket 
that published in the Federal Register on September 8, 2016, the 
revision meets the substantive SIP requirements of the CAA, including 
section 110 and implementing regulations.

III. What action is EPA taking?

    EPA is finalizing 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 proposed rule and the TSD, which is 
included in this rulemaking docket.
    We are processing this as a final approval action after soliciting 
comments on a proposed action. The public comment period on EPA's 
proposed rule opened on September 8, 2016, the date of its publication 
in the Federal Register (81 FR 62066), and closed on October 11, 2016.

IV. 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 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).
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    \1\ 62 FR 27968 (May 22, 1997).
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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 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 May 30, 2017. 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 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: March 20, 2017.
Edward H. Chu,
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

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1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et. seq.

Subpart AA--Missouri

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2. In Sec.  52.1320, the table in paragraph (c) is amended by:

[[Page 15301]]

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a. Removing entries ``10-2.100'', ``10-3.030'', ``10-4.090'', and ``10-
5.070''.
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b. Adding the entry ``10-6.045'' in numerical order.
    The addition reads as follows:


Sec.  52.1320  Identification of plan.

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    (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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     Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of Missouri
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                                                                      * * * * * * *
10-6.045..........................  Open Burning                  9/30/09  3/28/17 [insert Federal Register        .....................................
                                     Requirements.                          citation].
                                    .....................
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[FR Doc. 2017-06009 Filed 3-27-17; 8:45 am]
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