Approval and Promulgation of Implementation Plans; State of Missouri, 40193-40195 [05-13696]
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Federal Register / Vol. 70, No. 133 / Wednesday, July 13, 2005 / Rules and Regulations
1. The first sentence of paragraph (a) is
revised.
I 2. Paragraph (b) is revised.
I 3. Paragraph (c) is added.
The revisions and addition read as
follows:
I
§ 1.179–6
Effective dates.
(a) * * * Except as provided in
paragraphs (b) and (c) of this section,
the provisions of §§ 1.179–1 through
1.179–5 apply for property placed in
service by the taxpayer in taxable years
ending after January 25, 1993. * * *
(b) Section 179 property placed in
service by the taxpayer in a taxable year
beginning after 2002 and before 2008.
The provisions of § 1.179–2(b)(1) and
(b)(2)(ii), the second sentence of
§ 1.179–4(a), and the provisions of
§ 1.179–5(c), reflecting changes made to
section 179 by the Jobs and Growth Tax
Relief Reconciliation Act of 2003 (117
Stat. 752) and the American Jobs
Creation Act of 2004 (118 Stat. 1418),
apply for property placed in service in
taxable years beginning after 2002 and
before 2008.
(c) Application of § 1.179–5(d).
Section 1.179–5(d) applies on or after
July 12, 2005.
PART 602—OMB CONTROL NUMBERS
UNDER THE PAPERWORK
REDUCTION ACT
Par. 11. The authority citation for part
602 continues to read, in part, as follows:
I
Authority: 26 U.S.C. 7805.
Par. 12. In § 602.101, paragraph (b) is
amended by removing the entries for
‘‘1.179–2T’’ and ‘‘1.179–5T’’ and adding
a new entry for ‘‘1.179–5’’ in numerical
order to the table to read as follows:
I
§ 602.101
*
OMB Control numbers.
*
*
(b) * * *
*
*
CFR part or section where
identified and described
Current
OMB control
No.
Mark E. Matthews,
Deputy Commissioner for Services and
Enforcement.
Approved: June 23, 2005.
Eric Solomon,
Acting Deputy Assistant Secretary of the
Treasury (Tax Policy).
[FR Doc. 05–13680 Filed 7–12–05; 8:45 am]
BILLING CODE 4830–01–P
15:34 Jul 12, 2005
40 CFR Part 52
[R07–OAR–2005–MO–0003; FRL–7936–7]
Approval and Promulgation of
Implementation Plans; State of
Missouri
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is announcing the
approval of an amendment to the
statewide NOX rule for the state of
Missouri. The purpose of this rule is to
reduce the state’s contribution to the St.
Louis 8-hour ozone nonattainment area.
Consequently, the reductions in NOX
emissions will also help to reduce the
amount of PM2.5 precursors in the area.
This action is necessary to complete the
process of incorporating the amended
rule into Missouri’s ozone SIP.
DATES: This rule is effective on August
12, 2005.
FOR FURTHER INFORMATION CONTACT:
Michael Jay at (913) 551–7460 or by email at jay.michael@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?
How does the statewide NOX rule relate to
the NOX SIP call?
Have the requirements for approval of a
SIP revision been met?
What action is EPA taking?
What Is a SIP?
*
*
*
*
*
1.179–5 .....................................
1545–1201
....................
*
*
*
*
*
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ENVIRONMENTAL PROTECTION
AGENCY
Jkt 205001
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
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40193
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.
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?
We are taking final action to approve
the Missouri Department of Natural
Resources’ (MDNR) request to include,
as a revision to Missouri’s ozone SIP, an
amendment to rule 10 CSR 10–6.350,
‘‘Emissions Limitations and Emissions
Trading of Oxides of Nitrogen’’ (known
hereafter as ‘‘statewide NOX rule’’),
which was incorporated into the SIP on
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40194
Federal Register / Vol. 70, No. 133 / Wednesday, July 13, 2005 / Rules and Regulations
December 28, 2000 (65 FR 82285). The
Missouri Air Conservation Commission
adopted the amended rule on April 24,
2003. The rule became effective under
state law on June 23, 2003. The rule was
submitted to EPA on September 18,
2003 and included the comments on the
rule during the state’s adoption process,
and the state’s response to comments,
and other information necessary to meet
EPA’s completeness criteria.
EPA proposed to approve the revision
of this rule as an amendment to the
Missouri SIP in the Federal Register on
March 31, 2005 (70 FR 16472). The
comment period closed on May 2, 2005.
No comments were received. We are
taking final action to approve the rule
amendment as a revision to the current
SIP approved statewide NOX rule for the
state of Missouri.
How Does the Statewide NOX Rule
Relate to the NOX SIP Call?
As stated previously, the statewide
NOX rule is designed to achieve
emissions reductions to improve air
quality in the St. Louis area. Missouri is
also subject to a requirement to achieve
certain NOX reductions to eliminate its
significant contribution to ozone
nonattainment problems in other areas,
relating to NOX emissions transported
from Missouri to other states. (See, 69
FR 21604, April 21, 2004.) Therefore,
separate from today’s rulemaking,
Missouri is in the process of adopting
the requirements of the NOX SIP Call
and today’s action does not relieve the
state of this obligation.
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 that is part
of this document and in the March 31,
2005, proposal, the revision meets the
substantive SIP requirements of the
CAA, including section 110 and
implementing regulations.
What Action Is EPA Taking?
EPA is approving the rule amendment
as a revision to the current SIPapproved statewide NOX rule for the
state of Missouri.
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
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15:05 Jul 12, 2005
Jkt 205001
this reason, this action is also not
subject to Executive Order 13211,
‘‘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
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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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by September 12, 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: July 5, 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.
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Federal Register / Vol. 70, No. 133 / Wednesday, July 13, 2005 / Rules and Regulations
§ 52.1320
Subpart AA—Missouri
2. In § 52.1320(c) the table is amended
under chapter 6 by revising the entry for
‘‘10–6.350’’ to read as follows:
I
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED MISSOURI REGULATIONS
Missouri citation
State effective
date
Title
EPA approval date
Explanation
Missouri Department of Natural Resources
*
*
*
*
*
*
*
Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of Missouri
*
*
10–6.350 ...............
*
*
*
*
*
*
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R06–OAR–2005–TX–0008; FRL–7936–8]
Approval and Promulgation of Air
Quality Implementation Plans; Texas;
Revisions To Control Volatile Organic
Compound Emissions; Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; correction.
AGENCY:
SUMMARY: EPA issued a direct final rule
on March 29, 2005, (70 FR 15769), that
approved Texas State Implementation
Plan (SIP) revisions. The approved
revisions pertain to regulations to
control volatile organic compound
(VOC) emissions from solvent
degreasing processes, cutback asphalt,
and motor vehicle fuel dispensing
facilities. The language in the March 29,
2005 Federal Register amended the
table in 40 CFR 52.2270(c) titled ‘‘EPA
Approved Regulations in the Texas
SIP’’. The amendatory language failed
to: Update the table for control of
vehicle refueling emissions (Stage II) at
motor vehicle fuel dispensing facilities,
and add a table heading for cutback
asphalt regulations. This document
corrects these two mistakes.
Jkt 205001
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*
*
7/13/05 [Insert FR page number where
the document begins].
*
This correction is effective on
July 13, 2005.
FOR FURTHER INFORMATION CONTACT: Carl
Young, Air Planning Section (6PD–L),
Environmental Protection Agency,
Region 6, 1445 Ross Avenue, Suite 700,
Dallas, Texas 75202–2733, telephone
214–665–6645; fax number 214–665–
7263; e-mail address
young.carl@epa.gov.
SUPPLEMENTARY INFORMATION: EPA
issued a direct final rule on March 29,
2005, (70 FR 15769), that approved
Texas SIP revisions. The revisions
pertain to regulations to control VOC
emissions from solvent degreasing
processes, cutback asphalt, and motor
vehicle fuel dispensing facilities. The
revisions approved were §§ 115.227,
115.229, 115.239–115.249, 115.412,
115.413, 115.415–115.417, 115.419,
115.512, 115.516, 115.517, and 115.519
in 30 TAC Chapter 115, Control of Air
Pollution from Volatile Organic
Compounds. The language in the March
29, 2005 Federal Register amended the
table in 40 CFR 52.2270(c) titled ‘‘EPA
Approved Regulations in the Texas SIP’’
under Chapter 115 (Reg 5). The
amendatory language (1) Added a new
heading titled ‘‘Division 1: Degreasing
Processes’’ in Subchapter E: SolventUsing Processes, and (2) updated the
table entries for Sections 115.227,
115.229, 115.239, 115.412, 115.413,
115.415, 115.416, 115.417, 115.419,
115.512, 115.516, 115.517, and 115.519.
The amendatory language failed to
update table entries for Sections
115.240–115.249, Control of Vehicle
Refueling Emissions (Stage II) at Motor
DATES:
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06/23/03
*
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*
Emissions Limitations and Emissions
Trading of Oxides of Nitrogen.
*
*
*
*
*
Vehicle Fuel Dispensing. The
amendatory language also failed to
update the table with an additional
heading for ‘‘Cutback Asphalt’’. This
document corrects these two mistakes.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: June 24, 2005.
Richard E. Greene,
Regional Administrator, Region 6.
I
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7402 et seq.
Subpart SS—Texas
2. The table in § 52.2270(c) entitled
‘‘EPA Approved Regulations in the
Texas SIP’’ under Chapter 115 (Reg 5) is
amended by:
I a. Adding a new centered heading
‘‘Division 1: Cutback Asphalt’’
immediately following the centered
heading ‘‘Subchapter F: Miscellaneous
Industrial Sources’’;
I b. Revising entries for Sections
115.240–115.249 in Subchapter C,
Division 4 to read as follows:
I
§ 52.2270
*
Identification of plan.
*
*
(c) * * *
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*
]]>Agencies
[Federal Register Volume 70, Number 133 (Wednesday, July 13, 2005)]
[Rules and Regulations]
[Pages 40193-40195]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13696]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R07-OAR-2005-MO-0003; FRL-7936-7]
Approval and Promulgation of Implementation Plans; State of
Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is announcing the approval of an amendment to the
statewide NOX rule for the state of Missouri. The purpose of
this rule is to reduce the state's contribution to the St. Louis 8-hour
ozone nonattainment area. Consequently, the reductions in
NOX emissions will also help to reduce the amount of PM2.5
precursors in the area. This action is necessary to complete the
process of incorporating the amended rule into Missouri's ozone SIP.
DATES: This rule is effective on August 12, 2005.
FOR FURTHER INFORMATION CONTACT: Michael Jay at (913) 551-7460 or by e-
mail at jay.michael@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?
How does the statewide NOX rule relate to the
NOX SIP call?
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?
We are taking final action to approve the Missouri Department of
Natural Resources' (MDNR) request to include, as a revision to
Missouri's ozone SIP, an amendment to rule 10 CSR 10-6.350, ``Emissions
Limitations and Emissions Trading of Oxides of Nitrogen'' (known
hereafter as ``statewide NOX rule''), which was incorporated
into the SIP on
[[Page 40194]]
December 28, 2000 (65 FR 82285). The Missouri Air Conservation
Commission adopted the amended rule on April 24, 2003. The rule became
effective under state law on June 23, 2003. The rule was submitted to
EPA on September 18, 2003 and included the comments on the rule during
the state's adoption process, and the state's response to comments, and
other information necessary to meet EPA's completeness criteria.
EPA proposed to approve the revision of this rule as an amendment
to the Missouri SIP in the Federal Register on March 31, 2005 (70 FR
16472). The comment period closed on May 2, 2005. No comments were
received. We are taking final action to approve the rule amendment as a
revision to the current SIP approved statewide NOX rule for
the state of Missouri.
How Does the Statewide NOX Rule Relate to the NOX
SIP Call?
As stated previously, the statewide NOX rule is designed
to achieve emissions reductions to improve air quality in the St. Louis
area. Missouri is also subject to a requirement to achieve certain
NOX reductions to eliminate its significant contribution to
ozone nonattainment problems in other areas, relating to NOX
emissions transported from Missouri to other states. (See, 69 FR 21604,
April 21, 2004.) Therefore, separate from today's rulemaking, Missouri
is in the process of adopting the requirements of the NOX
SIP Call and today's action does not relieve the state of this
obligation.
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 that is part of this document and in the March 31,
2005, proposal, the revision meets the substantive SIP requirements of
the CAA, including section 110 and implementing regulations.
What Action Is EPA Taking?
EPA is approving the rule amendment as a revision to the current
SIP-approved statewide NOX rule for the state of Missouri.
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,
``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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 12, 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: July 5, 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.
[[Page 40195]]
Subpart AA--Missouri
0
2. In Sec. 52.1320(c) the table is amended under chapter 6 by revising
the entry for ``10-6.350'' to read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
State effective
Missouri citation Title date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
---------------------------------
Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------
* * * * * * *
---------------------------------
10-6.350........................ Emissions 06/23/03 7/13/05 [Insert FR
Limitations and page number where
Emissions Trading the document
of Oxides of begins].
Nitrogen.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 05-13696 Filed 7-12-05; 8:45 am]
BILLING CODE 6560-50-P
