[Federal Register Volume 84, Number 30 (Wednesday, February 13, 2019)]
[Rules and Regulations]
[Pages 3703-3705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02068]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2018-0700; FRL-9988-46-Region 7]
Air Plan Approval; Missouri; Emissions Inventory for the Missouri
Jackson County and Jefferson County 2010 Sulfur Dioxide National
Ambient Air Quality Standard Nonattainment Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving two
submissions from the Missouri Department of Natural Resources (MoDNR)
revising the State Implementation Plan (SIP) for the State of Missouri.
The SIP revision submissions address the Clean Air Act (CAA) section
172 requirement to submit a base year emissions inventory for
Missouri's partial Jackson County and partial Jefferson County
nonattainment areas of the 2010 1-hour Sulfur Dioxide (SO2)
National Ambient Air Quality Standard (NAAQS).
DATES: This final rule is effective on March 15, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2018-0700. All documents in the docket are
listed on the https://www.regulations.gov website. 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 https://www.regulations.gov or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional information.
FOR FURTHER INFORMATION CONTACT: Tracey Casburn, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219, by telephone at (913) 551-7016, or by
email at [email protected].
[[Page 3704]]
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.
I. What action is the EPA taking?
II. The EPA's Response to Comments
III. Statutory and Executive Order Reviews
I. What action is the EPA taking?
The EPA is approving two SIP revision submissions from the MoDNR
addressing the CAA section 172(c)(3) requirement to submit a base year
emissions inventory for Missouri's partial Jackson County and partial
Jefferson County nonattainment areas of the 2010 1-hour SO2
NAAQS. The EPA is finalizing its determination that these emission
inventory SIP revision submissions were submitted in accordance with
sections 110, 191(a), and 172(c)(3) of the CAA. On November 23, 2018,
the EPA published a notice of proposed rulemaking proposing to approve
the emissions inventories in the Federal Register. See 83 FR 59348. The
public comment period opened on November 23, 2018 (the date of the
proposed rule's publication in the Federal Register) and closed on
December 24, 2018.
II. The EPA's Response to Comments
The EPA received comments in response to the notice of proposed
rulemaking (see the docket for this action). The comments address
subjects outside the scope of the proposed action, do not explain (or
provide a legal basis for) how the proposed action should differ in any
way, and make no specific mention of the proposed action. Therefore,
the comments are not germane, and the EPA is not providing response.
III. 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
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 the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; 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).
In addition, 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Sulfur oxides.
Dated: December 28, 2018.
Edward H. Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA amends 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. In Sec. 52.1320, the table in paragraph (e) is amended by adding
entries ``(76)'' and ``(77)'' in numerical order to read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Missouri Nonregulatory SIP Provisions
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Applicable
Name of nonregulatory SIP geographic or State EPA approval date Explanation
provision nonattainment area submittal date
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* * * * * * *
(76) Jackson County 1-Hour SO2 Jackson County.... 10/15/2015 2/13/2019, [Insert [EPA-R07-OAR-2018-0700;
NAA Baseline Emissions Federal Register FRL-9988-46-Region 7].
Inventory. citation].
[[Page 3705]]
(77) Jefferson County 1-Hour Jefferson County.. 6/1/2015 2/13/2019, [Insert [EPA-R07-OAR-2018-0700;
SO2 NAA Baseline Emissions Federal Register FRL-9988-46-Region 7].
Inventory. citation].
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[FR Doc. 2019-02068 Filed 2-12-19; 8:45 am]
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