[Federal Register Volume 84, Number 173 (Friday, September 6, 2019)]
[Rules and Regulations]
[Pages 46892-46895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19072]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

EPA-R07-OAR-2019-0315; FRL-9998-90-Region 7]


Air Plan Approval; Missouri; Compliance Monitoring Usage

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 Missouri State Implementation Plan (SIP) revision 
submission received on February 15, 2019. The submission revises a 
Missouri SIP approved regulation that establishes alternate monitoring 
methods for certifying compliance and alternate methods to establish 
whether a violation has occurred at a source. These revisions are 
administrative in nature and do not impact the stringency of the SIP or 
air quality. Approval of these revisions will ensure consistency 
between state and federally-approved rules. The EPA's approval of this 
rule revision is being done in accordance with the requirements of the 
Clean Air Act (CAA).

DATES: This final rule is effective on October 7, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2019-0315. 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, Region 7 Office, Air Quality and Planning Branch, 
11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 
551-7016; email address casburn.tracey@epa.gov.

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

Table of Contents

I. Background
II. What is being addressed in this document?
III. Have the requirements for approval of a SIP revision been met?

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IV. What is the EPA's response to comment received?
V. What action is the EPA taking?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews

I. Background

    On June 5, 2019, the EPA proposed approval of revisions to the 
Missouri SIP in the Federal Register that amend a SIP approved rule 
that establishes alternate monitoring methods for certifying compliance 
and alternate methods to establish whether a violation has occurred at 
a source. See 84 FR 26047. The EPA solicited comments on the proposed 
SIP revision and received one comment.

II. What is being addressed in this document?

    The EPA is approving a revision to Missouri's SIP by approving the 
state's request to revise 10 CSR 10-6.280, Compliance Monitoring Usage, 
received February 15, 2019. The revisions are administrative in nature 
and do not impact air quality. Specifically, the revisions to the rule: 
Clarify that there are no definitions specific to the rule; add 
language clarifying the date of an incorporation by reference (IBR) and 
where the public can get a copy of the IBR; add a state rule to the 
list of state rules that presumptively identify credible testing, 
monitoring, or information gathering methods; and make other minor 
edits. A detailed discussion of the revision was provided in the EPA's 
June 5, 2019, Federal Register document and in a technical support 
document (TSD) that is available in the docket to this action. See 84 
FR 26047.

III. 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 code of Federal regulations (CFR) at 40 
CFR 51.102. The submission also satisfied the completeness criteria of 
40 CFR part 51, appendix V. The state provided public notice of the 
revisions from June 15, 2018, to September 6, 2018, and held a public 
hearing on August 30, 2018. The state received one comment; the comment 
was from the EPA and was a general comment regarding SIP revisions. No 
changes were made to the proposed rule text in response to the EPA's 
comment. The SIP revision submission met the substantive requirements 
of the CAA, including section 110 and implementing regulations.

IV. What is the EPA's response to comment received?

    Comment: The commenter stated that the EPA was incorrect when it 
identified 1 CFR part 51 as requiring the addition of the incorporation 
date and the location where copies can be found when including 
information by reference. The commenter interpreted 1 CFR part 51 as 
not applying to states incorporating federal rules and only applying to 
the federal government incorporating documents into the CFR. The 
commenter also asserted that by adding a date of incorporation, the 
State was limiting itself from the most recent version of the CFR. The 
commenter suggested that the EPA not approve the IBR revision unless it 
is able to determine what parts of 40 CFR part 64 could not be used if 
a revision to 40 CFR part 64 occurred after the state's IBR date of 
July 1, 2018.
    Response: The EPA acknowledges that it could have been clearer in 
its TSD (in the docket to this notice) regarding the requirements to 
IBR. The EPA is now providing this additional information to clarify 
the IBR in this rulemaking. Chapter 536 of the Revised Statues of the 
State of Missouri (RSMo) states that ``[a]n agency may incorporate by 
reference rules, regulations, standards, and guidelines of an agency of 
the United States or a nationally or state-recognized organization or 
association without publishing the material in full. The reference in 
the agency rules shall fully identify the incorporated material by 
publisher, address, and date in order to specify how a copy of the 
material may be obtained, and shall state that the referenced rule, 
regulation, standard, or guideline does not include any later 
amendments or additions''. Chapter 643 of RSMo requires the Missouri 
Air Conservation Commission to adopt regulations in accordance with 
Chapter 536 of the RSMo. Chapter 643 of the RSMo is incorporated by 
reference into the SIP at 40 CFR 52.1322(c)(69)(ii)(A). The previous 
version of this rule did not include a date of the referenced material, 
where the material could be obtained, or indicate that the reference 
did not include any later amendments or additions. By revising the rule 
to incorporate a date by reference, the Missouri Department of Natural 
Resources was coming into compliance with its own statute.
    Additionally, 1 CFR part 51 requires the Agency to meet certain 
requirements to incorporate materials, such as state regulations, by 
reference into the SIP. These requirements include providing an 
effective date of the material being incorporated. The EPA previously 
incorporated 10 CSR 10-6.280 Compliance Monitoring Usage into the SIP 
in 2001 (66 FR 27028). This SIP revision updates that incorporation by 
reference to include the updated effective date. The state rule 
language limits the incorporated material to the 40 CFR part 64 rule 
language effective on July 1, 2018. July 1, 2018 is the annual 
publication date of the CFR. Citations to updates of the federal rule 
(rule updates are published in the Federal Register) are provided in 
the text of the CFR. The state will not include later amendments to 40 
CFR part 64 without first going through the SIP revision process.

V. What action is the EPA taking?

    We are taking final action to approve the revisions to 10 CSR 10-
6.280 Compliance Monitoring Usage into the SIP.

VI. Incorporation by Reference

    In this document, the 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 State implementation plan, 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 the 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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VII. 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, the 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

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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 the 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 the 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. The 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 November 5, 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: August 26, 2019.
Edward Chu,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, the 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. In Sec.  52.1320, the table in paragraph (c) is amended by revising 
entry for ``10-6.280'' 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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                                                  * * * * * * *
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10-6.280...................  Compliance Monitoring     2/28/2019  9/6/2019, [insert       ......................
                              Usage.                               Federal Register
                                                                   citation].
 
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[FR Doc. 2019-19072 Filed 9-5-19; 8:45 am]
 BILLING CODE 6560-50-P


