Approval and Promulgation of Implementation Plans; State of Missouri, 5377-5380 [05-1993]
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5377
Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Rules and Regulations
SCHEDULE OF FEES FOR CONSULAR SERVICES—Continued
Item No.
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[64-Shipping Misc] ..........................................................................................................................................................
Consular Time (Item
75) Plus Expenses.
(Items nos. 62 through 70 vacant)
Administrative Services
71. Non-emergency telephone calls [70-Toll Call Cost] [71-Toll Cost Surcharge] ...............................................................
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Dated: January 14, 2005.
Grant S. Green,
Under Secretary for Management,
Department of State.
[FR Doc. 05–1930 Filed 2–1–05; 8:45 am]
BILLING CODE 4710–06–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R07–OAR–2004–MO–0005; FRL–7867–2]
Approval and Promulgation of
Implementation Plans; State of
Missouri
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is approving a State
Implementation Plan (SIP) revision
submitted by the State of Missouri. This
approval pertains to revisions to the
State’s rule which add vapor line
requirements necessary to achieve Stage
I vapor recovery for air quality benefits.
The effect of this approval is to ensure
Federal enforceability of the State air
program rules and to maintain
consistency between the State-adopted
rules and the approved SIP.
DATES: This direct final rule will be
effective April 4, 2005, without further
notice, unless EPA receives adverse
comment by March 4, 2005. If adverse
comment is received, EPA will publish
a timely withdrawal of the direct final
rule in the Federal Register informing
the public that the rule will not take
effect.
Submit your comments,
identified by Regional Material in
EDocket (RME) ID Number R07–OAR–
ADDRESSES:
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2004–MO–0005, by one of the following
methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Agency Web site: https://
docket.epa.gov/rmepub/. RME, EPA’s
electronic public docket and comment
system, is EPA’s preferred method for
receiving comments. Once in the
system, select ‘‘quick search;’’ then key
in the appropriate RME Docket
identification number. Follow the online instructions for submitting
comments.
3. E-mail: algoe-eakin.amy@epa.gov.
4. Mail: Amy Algoe-Eakin,
Environmental Protection Agency, Air
Planning and Development Branch, 901
North 5th Street, Kansas City, Kansas
66101.
5. Hand Delivery or Courier. Deliver
your comments to Amy Algoe-Eakin,
Environmental Protection Agency, Air
Planning and Development Branch, 901
North 5th Street, Kansas City, Kansas
66101.
Instructions: Direct your comments to
RME ID No. R07–OAR–2004–MO–0005.
EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
docket.epa.gov/rmepub/, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through RME, regulations.gov,
or e-mail. The EPA RME Web site and
the Federal regulations.gov Web site are
‘‘anonymous access’’ systems, which
means EPA will not know your identity
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Long Distance Charge
Plus $10.
30.
Expenses Incurred.
25.
265.
1.
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through RME or
regulations.gov, your e-mail address
will be automatically captured and
included as part of the comment that is
placed in the public docket and made
available on the Internet. If you submit
an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the RME
index at https://docket.epa.gov/rmepub/.
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 either electronically in RME or
in hard copy at the Environmental
Protection Agency, Air Planning and
Development Branch, 901 North 5th
Street, Kansas City, Kansas 66101. The
Regional Office’s official hours of
business are Monday through Friday, 8
to 4:30, excluding Federal holidays. The
interested persons wanting to examine
these documents should make an
appointment with the office at least 24
hours in advance.
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Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
Amy Algoe-Eakin at (913) 551–7942, or
by e-mail at algoe-eakin.amy@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This section provides additional
information by addressing the following
questions:
What is a SIP?
What is the Federal approval process for a
SIP?
What does Federal approval of a state
regulation mean to me?
What is being addressed in this document?
Have the requirements for approval of a
SIP revision been met?
What action is EPA taking?
What Is a SIP?
Section 110 of the Clean Air Act
(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 us
for approval and incorporation into the
Federally-enforceable SIP.
Each Federally-approved SIP protects
air quality primarily by addressing air
pollution at its point of origin. These
SIPs can be extensive, containing state
regulations or other enforceable
documents and supporting information
such as emission inventories,
monitoring networks, and modeling
demonstrations.
What Is the Federal Approval Process
for a SIP?
In order for state regulations to be
incorporated into the Federallyenforceable SIP, states must formally
adopt the regulations and control
strategies consistent with state and
Federal requirements. This process
generally includes a public notice,
public hearing, public comment period,
and a formal adoption by a stateauthorized rulemaking body.
Once a state rule, regulation, or
control strategy is adopted, the state
submits it to us for inclusion into the
SIP. We must provide public notice and
seek additional public comment
regarding the proposed Federal action
on the state submission. If adverse
comments are received, they must be
addressed prior to any final Federal
action by us.
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All state regulations and supporting
information approved by EPA under
section 110 of the CAA are incorporated
into the Federally-approved SIP.
Records of such SIP actions are
maintained in the Code of Federal
Regulations (CFR) at title 40, part 52,
entitled ‘‘Approval and Promulgation of
Implementation Plans.’’ The actual state
regulations which are approved are not
reproduced in their entirety in the CFR
outright but are ‘‘incorporated by
reference,’’ which means that we have
approved a given state regulation with
a specific effective date.
What Does Federal Approval of a State
Regulation Mean to Me?
Enforcement of the state regulation
before and after it is incorporated into
the Federally-approved SIP is primarily
a state responsibility. However, after the
regulation is Federally approved, we are
authorized to take enforcement action
against violators. Citizens are also
offered legal recourse to address
violations as described in section 304 of
the CAA.
What Is Being Addressed in This
Document?
On May 11, 2004, we received a
request from the Missouri Department of
Natural Resources to approve as an
amendment to the Missouri SIP
revisions to rule 10 CSR 10–2.260,
Control of Petroleum Liquid Storage,
Loading, and Transfer. This rule applies
to Clay, Jackson, and Platte counties in
the State of Missouri.
This SIP revision restricts volatile
organic compound emissions from the
handling of petroleum liquids, which
contribute to the formation of ozone. By
adding vapor line requirements, this
revision will require owners or
operators of gasoline delivery vessels to
employ one vapor line per product line
when transferring gasoline to a storage
tank of a capacity greater than 2000
gallons. The intent of adding necessary
vapor line requirements is to ensure the
recovery of greater than ninety percent
of gasoline vapors generated during a
gasoline transfer, thus protecting the
environment and health of the Kansas
City area.
In addition to clarifying the vapor line
requirements, this SIP revision corrects
the definition of Stage I vapor recovery
to include the transferring of gasoline
from a loading installation to a delivery
vessel or truck; provides flexibility to
applicable sources to obtain approval of
alternative test methods for specific
cases at the discretion of the staff
director; and restructures the rule for
administrative consistency with other
Missouri rules.
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With regard to the rule change
allowing staff director approval for
alternative test methods, a supplement
to the submittal states that Missouri
advocates strict adherence to Federal
test methods. If a request were received
by MDNR, the State would seek EPA
approval of the alternative test methods.
Under a similar rule in St. Louis, the
State has never received a request for an
alternative test method.
Acceptance criteria for an alternative
test method would include justification
that an alternative test method was
equal to or more stringent than the
specified test method. In addition,
sources subject to this rule would also
likely be subject to Federal New Source
Performance Standards or standards for
Hazardous Air Pollutants. Under the
Missouri rules incorporating the Federal
standards, alternative test methods must
be at least as stringent as those in the
Federal standard and would be subject
to the approval process, including EPA
approval, established for the Federal
standards.
Have the Requirements for Approval of
a SIP Revision Been Met?
The State submittal has met the
public notice requirements for SIP
submissions in accordance with 40 CFR
51.102. The submittal also satisfied the
completeness criteria of 40 CFR part 51,
appendix V. In addition, as explained
above and in more detail in the
technical support document which is
part of this document, the revision
meets the substantive SIP requirements
of the CAA, including section 110 and
implementing regulations.
What Action Is EPA Taking?
We are approving as an amendment to
the Missouri SIP state rule 10 CSR 10–
2.260, which became effective on April
30, 2004.
We are processing this action as a
direct final action because the revisions
make routine changes to the existing
rules which are noncontroversial.
Therefore, we do not anticipate any
adverse comments. Please note that if
EPA receives adverse comment on part
of this rule and if that part can be
severed from the remainder of the rule,
EPA may adopt as final those parts of
the rule that are not the subject of an
adverse comment.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
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Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Rules and Regulations
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely approves
State law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
State law. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule approves pre-existing requirements
under State law and does not impose
any additional enforceable duty beyond
that required by State law, it 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).
This rule also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
action also does not have federalism
implications because it does not have
substantial direct effects on the States,
on the relationship between the
National Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves a state rule implementing a
Federal standard, and does not alter the
relationship or the distribution of power
and responsibilities established in the
CAA. This rule also is not subject to
Executive Order 13045, ‘‘Protection of
States Court of Appeals for the
appropriate circuit by April 4, 2005.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule 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).)
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it is not
economically significant.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the CAA. In this context, in the absence
of a prior existing requirement for the
State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the CAA. Thus, the requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not
apply. This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
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 rule 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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
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: January 18, 2005.
James B. Gulliford,
Regional Administrator, Region 7.
Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart AA—Missouri
2. In § 52.1320(c) the table for chapter
2 is amended by revising the entry for
10–2.260 to read as follows:
I
§ 52.1320
Identification of plan.
*
*
*
*
*
(c) * * *
EPA-APPROVED MISSOURI REGULATIONS
Missouri citation
State effective
date
Title
EPA approval date
Explanation
Missouri Department of Natural Resources
Chapter 2—Air Quality Standards and Air Pollution Control Regulations for the Kansas City Metropolitan Area
*
10–2.260 ...................
*
*
*
Control of Petroleum Liquid Storage, Loading,
and Transfer..
*
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Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Rules and Regulations
*
*
*
[FR Doc. 05–1993 Filed 2–1–05; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 05–147, MB Docket No. 00–163, RM–
9934]
Digital Television Broadcast Service;
Thief River Falls, MN
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
This is a
synopsis of the Commission’s Report
and Order, MB Docket No. 00–163,
adopted January 21, 2005, and released
January 28, 2005. The full text of this
document is available for public
inspection and copying during regular
business hours in the FCC Reference
Information Center, Portals II, 445 12th
Street, SW., Room CY–A257,
Washington, DC. This document may
also be purchased from the
Commission’s duplicating contractor,
Best Copy and Printing, Inc., 445 12th
Street, SW., Room CY–B402,
Washington, DC 20554, telephone (301)
816–2820, facsimile (301) 816–0169, or
via e-mail joshir@erols.com.
This document does not contain [new
or modified] information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Pub. L.
104–13. In addition, therefore, it does
not contain any new or modified
‘‘information collection burden for
small business concerns with fewer than
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List of Subjects in 47 CFR Part 73
Digital television broadcasting,
Television.
I Part 73 of Title 47 of the Code of
Federal Regulations is amended as
follows:
PART 73—[AMENDED]
The Commission, at the
request of Red River Broadcast
Company, LLC, substitutes DTV channel
32 for DTV channel 57. See 65 FR
54832, September 11, 2000. DTV
channel 32 can be allotted to Thief River
Falls, Minnesota, in compliance with
the principle community coverage
requirements of Section 73.625(a) at
reference coordinates 48–01–19 N. and
96–22–12 W. with a power of 1000,
HAAT of 183 meters and with a DTV
service population of 142 thousand.
Since the community Thief River Falls
is located within 400 kilometers of the
U.S.-Canadian border, concurrence from
the Canadian government was obtained
for this allotment. With this action, this
proceeding is terminated.
DATES: Effective March 14, 2005.
FOR FURTHER INFORMATION CONTACT: Pam
Blumenthal, Media Bureau, (202) 418–
1600.
SUMMARY:
SUPPLEMENTARY INFORMATION:
25 employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Pub. L. 107–198, see 44 U.S.C.
3506(c)(4).
The Commission will send a copy of
this Report & Order in a report to be sent
to Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
1. The authority citation for part 73
continues to read as follows:
I
Authority: 47 U.S.C. 154, 303, 334 and 336.
§ 73.622
[Amended]
2. Section 73.622(b), the Table of
Digital Television Allotments under
Minnesota, is amended by removing
DTV channel 57 and adding DTV
channel 32 at Thief River Falls.
I
Federal Communications Commission.
Barbara A. Kreisman,
Chief, Video Division, Media Bureau.
[FR Doc. 05–1936 Filed 2–1–05; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 05–125, MB Docket No. 04–185, RM–
10860]
DATES:
Effective March 14, 2005.
Pam
Blumenthal, Media Bureau, (202) 418–
1600.
FOR FURTHER INFORMATION CONTACT:
This is a
synopsis of the Commission’s Report
and Order, MB Docket No. 04–185,
adopted January 14, 2005, and released
January 28, 2005. The full text of this
document is available for public
inspection and copying during regular
business hours in the FCC Reference
Information Center, Portals II, 445 12th
Street, SW., Room CY–A257,
Washington, DC. This document may
also be purchased from the
Commission’s duplicating contractor,
Best Copy and Printing, Inc., 445 12th
Street, SW., Room CY–B402,
Washington, DC 20554, telephone (301)
816–2820, facsimile (301) 816–0169, or
via e-mail joshir@erols.com.
This document does not contain [new
or modified] information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public
Law 104–13. In addition, therefore, it
does not contain any new or modified
‘‘information collection burden for
small business concerns with fewer than
25 employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4).
The Commission will send a copy of
this Report & Order in a report to be sent
to Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
SUPPLEMENTARY INFORMATION:
List of Subjects in 47 CFR Part 73
Digital Television Broadcast Service;
Appleton, WI
Digital television broadcasting,
Television.
Federal Communications
Commission.
ACTION: Final rule.
I
AGENCY:
The Commission, at the
request of Ace TV, Inc., substitutes DTV
channel 27c for DTV channel 59 at
Appleton. See 69 FR 30855, June 1,
2004. DTV channel 27c can be allotted
to Appleton, Wisconsin, in compliance
with the principle community coverage
requirements of Section 73.625(a) at
reference coordinates 44–21–30 N. and
87–58–48 W. with a power of 50, HAAT
of 336 meters and with a DTV service
population of 835 thousand. Since the
community Appleton is located within
400 kilometers of the U.S.-Canadian
border, concurrence from the Canadian
government was obtained for this
allotment. With this action, this
proceeding is terminated.
SUMMARY:
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Part 73 of title 47 of the Code of Federal
Regulations is amended as follows:
PART 73—[AMENDED]
1. The authority citation for part 73
continues to read as follows:
I
Authority: 47 U.S.C. 154, 303, 334 and 336.
§ 73.622
[Amended]
2. Section 73.622(b), the Table of
Digital Television Allotments under
Wisconsin, is amended by removing
DTV channel 59 and adding DTV
channel 27c at Appleton.
I
Federal Communications Commission.
Barbara A. Kreisman,
Chief, Video Division, Media Bureau.
[FR Doc. 05–1935 Filed 2–1–05; 8:45 am]
BILLING CODE 6712–01–P
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]]>Agencies
[Federal Register Volume 70, Number 21 (Wednesday, February 2, 2005)]
[Rules and Regulations]
[Pages 5377-5380]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-1993]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R07-OAR-2004-MO-0005; FRL-7867-2]
Approval and Promulgation of Implementation Plans; State of
Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Missouri. This approval pertains to revisions
to the State's rule which add vapor line requirements necessary to
achieve Stage I vapor recovery for air quality benefits. The effect of
this approval is to ensure Federal enforceability of the State air
program rules and to maintain consistency between the State-adopted
rules and the approved SIP.
DATES: This direct final rule will be effective April 4, 2005, without
further notice, unless EPA receives adverse comment by March 4, 2005.
If adverse comment is received, EPA 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 Regional Material in
EDocket (RME) ID Number R07-OAR-2004-MO-0005, by one of the following
methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. Agency Web site: https://docket.epa.gov/rmepub/. RME, EPA's
electronic public docket and comment system, is EPA's preferred method
for receiving comments. Once in the system, select ``quick search;''
then key in the appropriate RME Docket identification number. Follow
the on-line instructions for submitting comments.
3. E-mail: algoe-eakin.amy@epa.gov.
4. Mail: Amy Algoe-Eakin, Environmental Protection Agency, Air
Planning and Development Branch, 901 North 5th Street, Kansas City,
Kansas 66101.
5. Hand Delivery or Courier. Deliver your comments to Amy Algoe-
Eakin, Environmental Protection Agency, Air Planning and Development
Branch, 901 North 5th Street, Kansas City, Kansas 66101.
Instructions: Direct your comments to RME ID No. R07-OAR-2004-MO-
0005. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
https://docket.epa.gov/rmepub/, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through RME, regulations.gov,
or e-mail. The EPA RME Web site and the Federal regulations.gov Web
site are ``anonymous access'' systems, which means EPA will not know
your identity or contact information unless you provide it in the body
of your comment. If you send an e-mail comment directly to EPA without
going through RME or regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
RME index at https://docket.epa.gov/rmepub/. 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 either electronically in RME
or in hard copy at the Environmental Protection Agency, Air Planning
and Development Branch, 901 North 5th Street, Kansas City, Kansas
66101. The Regional Office's official hours of business are Monday
through Friday, 8 to 4:30, excluding Federal holidays. The interested
persons wanting to examine these documents should make an appointment
with the office at least 24 hours in advance.
[[Page 5378]]
FOR FURTHER INFORMATION CONTACT: Amy Algoe-Eakin at (913) 551-7942, or
by e-mail at algoe-eakin.amy@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This section provides
additional information by addressing the following questions:
What is a SIP?
What is the Federal approval process for a SIP?
What does Federal approval of a state regulation mean to me?
What is being addressed in this document?
Have the requirements for approval of a SIP revision been met?
What action is EPA taking?
What Is a SIP?
Section 110 of the Clean Air Act (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
us for approval and incorporation into the Federally-enforceable SIP.
Each Federally-approved SIP protects air quality primarily by
addressing air pollution at its point of origin. These SIPs can be
extensive, containing state regulations or other enforceable documents
and supporting information such as emission inventories, monitoring
networks, and modeling demonstrations.
What Is the Federal Approval Process for a SIP?
In order for state regulations to be incorporated into the
Federally-enforceable SIP, states must formally adopt the regulations
and control strategies consistent with state and Federal requirements.
This process generally includes a public notice, public hearing, public
comment period, and a formal adoption by a state-authorized rulemaking
body.
Once a state rule, regulation, or control strategy is adopted, the
state submits it to us for inclusion into the SIP. We must provide
public notice and seek additional public comment regarding the proposed
Federal action on the state submission. If adverse comments are
received, they must be addressed prior to any final Federal action by
us.
All state regulations and supporting information approved by EPA
under section 110 of the CAA are incorporated into the Federally-
approved SIP. Records of such SIP actions are maintained in the Code of
Federal Regulations (CFR) at title 40, part 52, entitled ``Approval and
Promulgation of Implementation Plans.'' The actual state regulations
which are approved are not reproduced in their entirety in the CFR
outright but are ``incorporated by reference,'' which means that we
have approved a given state regulation with a specific effective date.
What Does Federal Approval of a State Regulation Mean to Me?
Enforcement of the state regulation before and after it is
incorporated into the Federally-approved SIP is primarily a state
responsibility. However, after the regulation is Federally approved, we
are authorized to take enforcement action against violators. Citizens
are also offered legal recourse to address violations as described in
section 304 of the CAA.
What Is Being Addressed in This Document?
On May 11, 2004, we received a request from the Missouri Department
of Natural Resources to approve as an amendment to the Missouri SIP
revisions to rule 10 CSR 10-2.260, Control of Petroleum Liquid Storage,
Loading, and Transfer. This rule applies to Clay, Jackson, and Platte
counties in the State of Missouri.
This SIP revision restricts volatile organic compound emissions
from the handling of petroleum liquids, which contribute to the
formation of ozone. By adding vapor line requirements, this revision
will require owners or operators of gasoline delivery vessels to employ
one vapor line per product line when transferring gasoline to a storage
tank of a capacity greater than 2000 gallons. The intent of adding
necessary vapor line requirements is to ensure the recovery of greater
than ninety percent of gasoline vapors generated during a gasoline
transfer, thus protecting the environment and health of the Kansas City
area.
In addition to clarifying the vapor line requirements, this SIP
revision corrects the definition of Stage I vapor recovery to include
the transferring of gasoline from a loading installation to a delivery
vessel or truck; provides flexibility to applicable sources to obtain
approval of alternative test methods for specific cases at the
discretion of the staff director; and restructures the rule for
administrative consistency with other Missouri rules.
With regard to the rule change allowing staff director approval for
alternative test methods, a supplement to the submittal states that
Missouri advocates strict adherence to Federal test methods. If a
request were received by MDNR, the State would seek EPA approval of the
alternative test methods. Under a similar rule in St. Louis, the State
has never received a request for an alternative test method.
Acceptance criteria for an alternative test method would include
justification that an alternative test method was equal to or more
stringent than the specified test method. In addition, sources subject
to this rule would also likely be subject to Federal New Source
Performance Standards or standards for Hazardous Air Pollutants. Under
the Missouri rules incorporating the Federal standards, alternative
test methods must be at least as stringent as those in the Federal
standard and would be subject to the approval process, including EPA
approval, established for the Federal standards.
Have the Requirements for Approval of a SIP Revision Been Met?
The State submittal has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submittal also
satisfied the completeness criteria of 40 CFR part 51, appendix V. In
addition, as explained above and in more detail in the technical
support document which is part of this document, the revision meets the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations.
What Action Is EPA Taking?
We are approving as an amendment to the Missouri SIP state rule 10
CSR 10-2.260, which became effective on April 30, 2004.
We are processing this action as a direct final action because the
revisions make routine changes to the existing rules which are
noncontroversial. Therefore, we do not anticipate any adverse comments.
Please note that if EPA receives adverse comment on part of this rule
and if that part can be severed from the remainder of the rule, EPA may
adopt as final those parts of the rule that are not the subject of an
adverse comment.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
[[Page 5379]]
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves State law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by State law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under State law and does
not impose any additional enforceable duty beyond that required by
State law, it 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).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the National Government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the CAA.
This rule also is not subject to Executive Order 13045, ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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 rule 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 4, 2005. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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: January 18, 2005.
James B. Gulliford,
Regional Administrator, Region 7.
0
Chapter I, title 40 of the Code of Federal Regulations is amended as
follows:
PART 52--[AMENDED]
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(c) the table for chapter 2 is amended by revising
the entry for 10-2.260 to read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Missouri Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
Missouri citation Title effective date EPA approval date Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Missouri Department of Natural Resources
Chapter 2--Air Quality Standards and Air Pollution Control Regulations for the Kansas City Metropolitan Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
10-2.260......................... Control of Petroleum Liquid 04/30/04 02/02/05 [insert FR page number
Storage, Loading, and where the document begins].
Transfer..
* * * * * * *
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[[Page 5380]]
* * * * *
[FR Doc. 05-1993 Filed 2-1-05; 8:45 am]
BILLING CODE 6560-50-P
