[Federal Register Volume 84, Number 129 (Friday, July 5, 2019)]
[Rules and Regulations]
[Pages 32066-32068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14327]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2019-0102; FRL-9995-61-Region 7]


Air Plan Approval; Missouri; Measurement of Emissions of Air 
Contaminants

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 Missouri State Implementation Plan 
(SIP) received by EPA on December 11, 2018. The submission revises 
Missouri's regulation relating to measurement of emissions of air 
contaminants which allows the director to obtain air contaminant 
emission data upon request. This final action will amend the SIP to 
include revisions which are administrative in nature and do not impact 
the stringency of the SIP. Specifically, these revisions reformat the 
regulations and add definitions. Approval of these revisions will not 
impact air quality, ensures consistency between the State and 
Federally-approved rules, and ensures Federal enforceability of the 
State's rules.

DATES: This final rule is effective on August 5, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2019-0102. 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: Deborah Bredehoft, Environmental 
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201 
Renner Boulevard, Lenexa, Kansas 66219 at (913) 551-7164, or by email 
at bredehoft.deborah@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to the EPA.

Table of Contents

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. The EPA's Response to Comments
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    The EPA is approving revisions to the Missouri SIP that were 
received by EPA on December 11, 2018. On April 12, 2019, the EPA 
proposed in the Federal Register approval of the SIP submission. See 84 
FR 14906. The SIP revision

[[Page 32067]]

revises Missouri's regulation, Title 10 Code of State Regulations (10 
CSR) 10-6.180, ``Measurement of Emissions of Air Contaminates'', which 
allows the director to obtain air contaminant emission data from any 
source responsible for the emissions of air contaminants. The revisions 
are administrative in nature. They restructure the rule to meet 
Missouri's updated standard rule organizational format and add 
definitions specific to the regulatory text of 10 CSR 10-6.180 
including air contaminant, director, facility, qualified personnel and 
source.

II. 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 submission also 
satisfied the completeness criteria of 40 CFR part 51, appendix V. The 
State provided public notice on this SIP revision from May 1, 2018, to 
June 7, 2018, and received no comment. 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 
Clean Air Act (CAA), including section 110 and implementing 
regulations.

III. The EPA's Response to Comments

    The public comment period on the EPA's proposed rule opened April 
12, 2019, the date of its publication in the Federal Register and 
closed on May 13, 2019. During this period, the EPA received three 
comments, one of which was adverse. The EPA will address the adverse 
comment. No changes were made to the proposals in this final action 
after consideration of the adverse comments received.
    Comment 1: A commenter expressed concern regarding what 
specifically ensures Federal enforceability of the state's rules and if 
this is working towards an overreach of the EPA's legal abilities.
    Response 1: Federal enforceability occurs when a state regulation 
is submitted by the State and is then approved into the federally 
approved SIP, and those approved regulations are promulgated as Federal 
law in the Code of Federal Regulations (see generally 40 CFR 52.1320 
for the approved Missouri regulations). Section 110 of the CAA requires 
states to develop air pollution regulations and control strategies to 
ensure that state air quality meets the national ambient air quality 
standards established by EPA. These ambient standards are established 
under section 109 of the CAA, and they currently address six criteria 
pollutants. These pollutants are carbon monoxide, nitrogen dioxide, 
ozone, lead, particulate matter, and sulfur dioxide. Each state must 
submit these regulations and control strategies to the EPA for approval 
and incorporation into the federally enforceable SIP, and under CAA 
section 110, the EPA must approve state SIP submissions that meet the 
requirements of the CAA. The CAA requires each state to have a 
Federally approved SIP which protects air quality primarily by 
addressing air pollution at its point of origin.
    The EPA does not believe this Federal enforceability of the state's 
rules is an overreach, because enforcement of the state regulation 
before and after it is incorporated into the federally approved SIP is 
primarily a state responsibility. In addition, Congress specifically 
provided that after a state regulation is part of the federally 
approved SIP, the EPA is authorized to take enforcement action against 
violators under CAA section 113 (and public citizens may enforce some 
approved SIP provisions under CAA section 113).

IV. What action is the EPA taking?

    The EPA is taking final action to amend the Missouri SIP by 
approving the State's request to amend 10 CSR 10-6.180, ``Measurement 
of Emissions of Air Contaminants.'' Approval of these revisions will 
ensure consistency between state and Federally-approved rules. The EPA 
has determined that these changes will not adversely impact air 
quality.

V. Incorporation by Reference

    In this document, 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 Regulations described in the amendments to 40 CFR part 52 set 
forth below. The EPA has made, and will continue to make, these 
materials generally available through www.regulations.gov and at the 
EPA Region 7 Office (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information).
    Therefore, these materials have been approved by the EPA for 
inclusion in the SIP, have been incorporated by reference by the 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 in the next 
update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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VI. 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).

[[Page 32068]]

    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).
    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 September 3, 2019. 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: June 28, 2019.
James Gulliford,
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 (c) amended by revising the 
entry ``10-6.180'' to read 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      EPA approval date          Explanation
                                                         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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                                                  * * * * * * *
10-6.180...................  Measurement of           11/30/2018  7/5/2019, [insert
                              Emissions of Air                     Federal Register
                              Contaminants.                        citation].
 
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[FR Doc. 2019-14327 Filed 7-3-19; 8:45 am]
 BILLING CODE 6560-50-P


