[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)]
[Rules and Regulations]
[Pages 47147-47149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21806]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2017-0513; FRL-9969-12-Region 7]


Approval of Missouri Air Quality Implementation Plans; 
Infrastructure SIP Requirements for the 2012 Annual Fine Particulate 
Matter (PM2.5) National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
elements of a State Implementation Plan (SIP) revision from the State 
of Missouri for the 2012 Annual Fine Particulate Matter 
(PM2.5) National Ambient Air Quality Standard (NAAQS) and 
two state statutes into the SIP to address the requirements relating to 
conflicts of interest found in section 128 of the Clean Air Act (CAA). 
Section 110 of the CAA requires that each state adopt and submit a SIP 
for the implementation, maintenance, and enforcement of each new or 
revised NAAQS promulgated by EPA. These SIPs are commonly referred to 
as ``infrastructure'' SIPs. The infrastructure requirements are 
designed to ensure that the structural components of each state's air 
quality management program are adequate to meet the state's 
responsibilities under the CAA.

DATES: This direct final rule will be effective December 11, 2017, 
without further notice, unless EPA receives adverse comment by November 
13, 2017. 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-2017-0513, to https://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

[[Page 47148]]

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 https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Tracey Casburn, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219 at (913) 551-7016, 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?
IV. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    EPA is approving the revision as meeting the submittal requirement 
of section 110(a)(1). EPA is approving elements of the infrastructure 
SIP submission from the State of Missouri received on October 14, 2015. 
Specifically, EPA is approving the following elements of section 
110(a)(2): (A), (B), (C), (D)(i)(II)--prevention of significant 
deterioration of air quality (prong 3), (D)(ii), (E) through (H), and 
(J) through (M). EPA intends to act on elements of section 
110(a)(2)(D)(i)(I)--significant contribution to nonattainment (prong 
1), interfering with maintenance of the NAAQs (prong 2) and 
110(a)(2)(D)(i)(II)--protection of visibility (prong 4) in subsequent 
rulemakings. EPA is taking no action section 110(a)(2)(I). EPA is also 
approving the state's request to include Missouri State Statute section 
105.483(5) RSMo 2014, and Missouri State Statute section 105.485 RSMo 
2014 into the SIP. These two statutes address aspects of the 
infrastructure requirements relating to conflicts of interest as found 
in section 128 of the CAA.
    A Technical Support Document (TSD) is included as part of this 
docket to discuss the details of this action, including analysis of how 
the SIP meets the applicable 110 requirements for infrastructure SIPs.

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

    The state's submission has met the public notice requirements for 
SIP submissions in accordance with 40 CFR 51.102. The state held a 
public comment period from July 27, 2015, to September 03, 2015. The 
state received no comments during the public comment period. A public 
hearing was held on August 27, 2015. The submission satisfied the 
completeness criteria of 40 CFR part 51, appendix V. As explained in 
more detail in the TSD, 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?

    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. 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 revision 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.
    EPA is approving elements of the October 14, 2015, infrastructure 
SIP submission from the State of Missouri, which addresses the 
requirements of CAA sections 110(a)(1) and (2) as applicable to the 
2012 Annual PM2.5 NAAQS. As stated above, EPA is approving 
the revision as meeting the submittal requirement of section 110(a)(1) 
and approving the following elements of section 110(a)(2): (A), (B), 
(C), (D)(i)(II)--prevention of significant deterioration of air quality 
(prong 3), (D)(ii), (E) through (H), and (J) through (M). EPA intends 
to act on elements of section 110(a)(2)(D)(i)(I)--significant 
contribution to nonattainment (prong 1), interfering with maintenance 
of the NAAQs (prong 2) and 110(a)(2)(D)(i)(II)--protection of 
visibility (prong 4) in subsequent rulemakings. EPA is taking no action 
section 110(a)(2)(I).
    Section 110(a)(2)(I) requires that in the case of a plan or plan 
revision for areas designated as nonattainment areas, states must meet 
applicable requirements of part D of the CAA, relating to SIP 
requirements for designated nonattainment areas. EPA does not expect 
infrastructure SIP submissions to address element (I). The specific SIP 
submissions for designated nonattainment areas, as required under CAA 
title I, part D, are subject to different submission schedules than 
those for section 110 infrastructure elements. EPA will take action on 
part D attainment plan SIP submissions through a separate rulemaking 
governed by the requirements for nonattainment areas, as described in 
part D.

IV. 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);

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     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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
Matter, Reporting and recordkeeping requirements, Sulfur Dioxides.

    Dated: September 27, 2017.
Cathy Stepp,
Acting Regional Administrator, Region 7.
    For the reasons stated in the preamble, EPA is amending 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. Amend Sec.  52.1320 by adding paragraphs (e)(72) and (73) to read as 
follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (e) * * *

                               EPA-Approved Missouri Nonregulatory SIP Provisions
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                                      Applicable
   Name of non-regulatory SIP        geographic or          State      EPA approval date        Explanation
           provision              nonattainment area   submittal date
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                                                  * * * * * * *
(72) Sections 110 (a)(1) and     Statewide...........      10/14/2015  10/11/2017,        This action approves
 110(a)(2) Infrastructure                                               [Insert Federal    the following CAA
 Requirements for the 2012                                              Register           elements: 110(a)(1)
 Annual Fine Particulate Matter                                         citation].         and 110(a)(2)(A),
 (PM2.5) NAAQS.                                                                            (B), (C), (D)(i)(II)--
                                                                                           prong 3, D((ii), (E),
                                                                                           (F), (G), (H), (J),
                                                                                           (K), (L), and (M).
                                                                                           110(a)(2)(I) is not
                                                                                           applicable. [EPA-R07-
                                                                                           OAR-2017-0513; FRL-
                                                                                           9969-12--Region 7.]
(73) Missouri State Statute      Statewide...........      10/14/2015  10/11/2017,        EPA-R07-OAR-2017-0513;
 section 105.483(5) RSMo 2014,                                          [Insert Federal    FRL-9969-12--Region
 and Missouri State Statute                                             Register           7.
 section 105.485 RSMo 2014.                                             citation].
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[FR Doc. 2017-21806 Filed 10-10-17; 8:45 am]
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