[Federal Register Volume 82, Number 124 (Thursday, June 29, 2017)]
[Rules and Regulations]
[Pages 29424-29426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13547]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2015-0790; FRL 9964-04-Region 7]


Approval of Missouri's Air Quality Implementation Plans; 
Reporting Emission Data, Emission Fees and Process Information

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule and correcting amendment.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve revisions to the Operating Permits Program for the 
State of Missouri submitted on March 16, 2015. These revisions update 
the emissions fee for permitted sources as set by Missouri Statute from 
$40 to $48 per ton of air pollution emitted annually, effective January 
1, 2016. EPA is also responding to comments received on the proposed 
action published in the Federal Register on January 15, 2016. In 
addition, EPA is making a correction to the previous direct final rule 
published in the Federal Register on January 15, 2016. EPA 
inadvertently approved and codified this action under both part 52 
(Approval and Promulgation of Implementation Plans) and part 70 (State 
Operating Permit Programs). This final rule removes the part 52 
approval and codification and makes a clarification to the part 70 
approval relating to the state effective date.

DATES: This final rule is effective on July 31, 2017.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2015-0790. 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 electronically at 
www.regulations.gov or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional information. For 
additional information and general guidance, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Amy Algoe-Eakin, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219 at 913-551-7942, 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 in this document?
II. EPA's Response to Comments.
III. What action is EPA taking?

I. What is being addressed in this document?

    EPA is taking final action to approve the state's Title V revision 
to 10 C.S.R. 10-6.110 ``Reporting Emission Data, Emission Fees, and 
Process Information'', submitted by the state of Missouri on March 16, 
2015. This revision updates the emissions fee for permitted sources as 
set by Missouri Statute. Specifically, section (3)(A) revises the 
emission fees section, which is approved under the Operating Permits 
Program only, and updates the emissions fee for permitted sources as 
set by Missouri Statute from $40 to $48 per ton of air pollution 
emitted annually, effective January 1, 2016.
    In addition, EPA is making a correction to the previous direct 
final rule published in the Federal Register on January 15, 2016 (81 FR 
2090). In that action, EPA inadvertently approved and codified the 
state's submission relating to Missouri rule 10 CSR 6.110(3)(a) 
pursuant to 40 CFR part 52 (Approval and Promulgation of Implementation 
Plans) and part 70 (State Operating Permit Programs). This action 
corrects the error by recodifying table (c) of Sec.  52.1320 back to 
its previously approved and codified entry (76 FR 77701, 12/14/11). EPA 
is only approving this action pursuant to 40 CFR part 70 per the 
state's submission request. Also, the January 15, 2016, direct final 
rule approved and added new paragraph (ee) to part 70 appendix A. The 
new paragraph (ee) erroneously listed the state effective date of 
November 20, 2014. The correct state effective date is March 30, 2015. 
This final action revises paragraph (ee) to read as set out in the 
regulatory text below.

II. EPA's Response to Comments

    The public comment period on EPA's proposed rule (81 FR 2159, 
January 15, 2016) opened January 15, 2016, the date of its publication 
in the Federal Register, and closed on February 16, 2016. During this 
period, EPA received one comment.
    Comment: The commenter expressed concern with the intent to 
increase fees on pollutant emissions and the subsequent use of those 
fees once collected. The commenter understood that the fees were 
collected to fund the state's regulatory activities. However, the 
commenter questioned how those funds would be used by the state and

[[Page 29425]]

expressed that the EPA ``should insure the first result of spending any 
fees be protecting human health and the environment'' and ``unless 
strict rules are imposed and regular performance audits conducted in a 
transparent and open way, higher fees would be an incentive for 
regulators to allow greater pollutant loads with the simple objective 
of collecting more fees to support their staff and to increase staff 
size.''
    EPA Response: CAA section 502(b)(3)(A) 42 U.S.C. 7661a (b)(3)(A) 
requires the permitting authority to collect a fee sufficient to cover 
all reasonable direct and indirect costs required to develop and 
administer the Title V permit program, including enforcement. The CAA 
and agency regulation 40 CFR 70.9 require permitting authorities to 
submit a fee demonstration with their Title V operating permits 
program. EPA has approved Missouri's Title V permit program fee and 
determined it meets the requirements of the CAA and EPA guidance 
regarding the fee demonstration. The fees also include costs associated 
with all aspects of the Title V permit program (reviewing applications, 
emissions, ambient monitoring, preparing regulations, modeling).

III. What action is EPA taking?

    Upon review and consideration of comments received, EPA is taking 
final action to approve the state's Title V revision to 10 C.S.R. 10-
6.110 ``Reporting Emission Data, Emission Fees, and Process 
Information'', submitted by the state of Missouri on March 16, 2015. 
Based upon review of the state's revision and relevant requirements of 
the CAA, EPA believes that this revision meets applicable requirements 
and does not adversely impact air quality in Missouri.
    EPA is also making a correction which will remove approval of the 
state's submission from 40 CFR part 52, specifically Sec.  52.1320(c), 
EPA-Approved Missouri Regulations and revert to the previously codified 
table (76 FR 77701, 12/14/11). This action also revises paragraph (ee) 
part 70, appendix A to correct the state effective date.

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, the EPA is finalizing the incorporation by reference of the 
Missouri 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 materials generally available 
through www.regulations.gov and/or at the EPA Region 7 Office (please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT. 
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 
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 (Public Law 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 action 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 August 28, 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

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate

[[Page 29426]]

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.

    Dated: June 12, 2017.
Edward H. Chu,
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.


0
2. In Sec.  52.1320, paragraph (c) is amended by revising the entry for 
10-6.110 to read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (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 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
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                                                  * * * * * * *
10-6.110.......................  Submission of Emission       9/30/10  12/14/11, 76 FR    Section (3)(A),
                                  Data, Emission Fees,                  77701.             Emissions Fees, has
                                  and Process                                              not been approved as
                                  Information.                                             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. Appendix A to part 70 is amended by revising paragraph (ee) under 
Missouri to read as follows:

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

* * * * *
Missouri
* * * * *
    (ee) The Missouri Department of Natural Resources submitted 
revisions to Missouri rule 10 CSR 10-6.110, ``Reporting Emission 
Data, Emission Fees, and Process Information'' on March 16, 2015. 
The state effective date is March 30, 2015. This revision is 
effective July 31, 2017.
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[FR Doc. 2017-13547 Filed 6-28-17; 8:45 am]
 BILLING CODE 6560-50-P