Approval and Promulgation of Implementation Plans and Operating Permits Program; State of Missouri, 27628-27631 [06-4432]

Download as PDF 27628 Federal Register / Vol. 71, No. 92 / Friday, May 12, 2006 / Rules and Regulations (b) Requests for extensions of the grant period should be signed by the grantee’s authorized representative and submitted not more than two months before the scheduled end of the grant period. We will not allow extensions unless a project is up-to-date in its submission of financial and narrative reports. § 1206.80 make? What reports am I required to (a) Grant recipients are generally required to submit annual financial status reports and semi-annual narrative progress reports, as well as final financial and narrative reports at the conclusion of the grant period. The grant award document will specify the dates on which your reports are due. In order to fulfill its oversight and monitoring responsibilities, the NHPRC or Commission may require additional reports or information at any time during the grant. OMB Control Number 3095–0013 has been assigned to this information collection. (b) Detailed reporting requirements are found in How to Administer an NHPRC Grant available at https:// www.archives.gov/NHPRC or from the NHPRC staff. § 1206.82 What is the format and content of the financial report? Grant recipients must submit financial reports on Standard Form 269, if there is program income to report, or Standard Form 269A (Short Form), and have them signed by the grantee’s authorized representative or by an appropriate institutional fiscal officer. If cost-sharing figures are less than 80 percent of the amount anticipated in the project budget, you must explain the reason for the difference. jlentini on PROD1PC65 with RULES § 1206.84 What is the format and content of the narrative report? (a) Interim narrative reports should state briefly the performance objectives and activities for the entire grant and then focus on those accomplished during the reporting period. The report should include a summary of project activities; whether the project proceeded on schedule; any revisions of the work plan, staffing pattern, or budget; any Web address created by the project; and any other press releases articles or presentations relating to the grant project or its products. It should include an analysis of the objectives met during the reporting period and any objectives for the period that were not accomplished. For documentary editing projects, it also must include information about the publication of volumes and the completion of finding VerDate Aug<31>2005 16:08 May 11, 2006 Jkt 208001 aids, as well as any work that is pending with publishers. (b) The final report must provide a detailed assessment of the entire project, following the format in paragraph (a) of this section, including whether the performance objectives and goals set in the original proposal were realistic; whether there were unpredicted results or outcomes; whether the project encountered unexpected problems and how you faced them; and how you could have improved the project. You must discuss the project’s impact, if any, on the grant-receiving institution and others. You must indicate whether all or part of the project activities will be continued after the end of the grant, whether any of these activities will be supported by institutional funds or by grant funds, and if the NHPRC grant was instrumental in obtaining these funds. (c) The project director must sign final narrative reports. § 1206.86 What additional materials must I submit with the final narrative report? You must submit the materials determined by the Commission as found in the NHPRC grant announcements or specified in the grant award. § 1206.88 Does the NHPRC have any liability under a grant? No, the National Archives and Records Administration (NARA) and the Commission cannot assume any liability for accidents, illnesses, or claims arising out of any work undertaken with the assistance of the grant. § 1206.90 Must I acknowledge NHPRC grant support? Yes, grantee institutions, grant project directors, or grant staff personnel may publish results of any work supported by an NHPRC grant without review by the Commission; however, publications or other products resulting from the project must acknowledge the assistance of the NHPRC grant and all copies paid for by grant funds must be distributed at a reasonable cost. Dated: May 8, 2006. Allen Weinstein, Archivist of the United States. [FR Doc. 06–4427 Filed 5–11–06; 8:45 am] BILLING CODE 7515–01–P PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 70 [EPA–R07–OAR–2006–0380; FRL–8169–3] Approval and Promulgation of Implementation Plans and Operating Permits Program; State of Missouri Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: SUMMARY: EPA is approving revisions to the Missouri State Implementation Plan (SIP) and Operating Permits Program. EPA is approving a revision to the Missouri rule entitled ‘‘Submission of Emission Data, Emission Fees, and Process Information.’’ This revision will ensure consistency between the state and the Federally-approved rules. DATES: This direct final rule will be effective July 11, 2006, without further notice, unless EPA receives adverse comment by June 12, 2006. 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 Docket ID No. EPA–R07– OAR–2006–0380, by one of the following methods: 1. https://www.regulations.gov. Follow the on-line instructions for submitting comments. 2. E-mail: algoe-eakin.amy@epa.gov. 3. 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 Docket ID No. EPA–R07–OAR–2006– 0380. 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:// www.regulations.gov, 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 through https:// www.regulations.gov or e-mail information that you consider to be CBI or otherwise protected. The https:// www.regulations.gov Web site is an ADDRESSES: E:\FR\FM\12MYR1.SGM 12MYR1 Federal Register / Vol. 71, No. 92 / Friday, May 12, 2006 / Rules and Regulations jlentini on PROD1PC65 with RULES ‘‘anonymous access’’ system, 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 https:// www.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 https://www.regulations.gov index. 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 https:// www.regulations.gov 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. 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 the Part 70 Operating Permits Program? What Is the Federal Approval Process for an Operating Permits Program? What Is Being Addressed in This Document? Have the Requirements for Approval of a SIP Revision Been Met? VerDate Aug<31>2005 16:08 May 11, 2006 Jkt 208001 What Action Is EPA Taking? What Does Federal Approval of a State Regulation Mean to Me? 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. 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. PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 27629 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 the Part 70 Operating Permits Program? The CAA Amendments of 1990 require all states to develop operating permits programs that meet certain Federal criteria. In implementing this program, the states are to require certain sources of air pollution to obtain permits that contain all applicable requirements under the CAA. One purpose of the part 70 operating permits program is to improve enforcement by issuing each source a single permit that consolidates all of the applicable CAA requirements into a Federallyenforceable document. By consolidating all of the applicable requirements for a facility into one document, the source, the public, and the permitting authorities can more easily determine what CAA requirements apply and how compliance with those requirements is determined. Sources required to obtain an operating permit under this program include ‘‘major’’ sources of air pollution and certain other sources specified in the CAA or in our implementing regulations. For example, all sources regulated under the acid rain program, regardless of size, must obtain permits. Examples of major sources include those that emit 100 tons per year or more of volatile organic compounds, carbon monoxide, lead, sulfur dioxide, nitrogen dioxide, or PM10; those that emit 10 tons per year of any single hazardous air pollutant (HAP) (specifically listed under the CAA); or those that emit 25 tons per year or more of a combination of HAPs. Revision to the state and local agencies operating permits program are also subject to public notice, comment, and our approval. What Is the Federal Approval Process for an Operating Permits Program? In order for state regulations to be incorporated into the Federallyenforceable Title V operating permits program, states must formally adopt regulations consistent with state and Federal requirements. This process generally includes a public notice, E:\FR\FM\12MYR1.SGM 12MYR1 27630 Federal Register / Vol. 71, No. 92 / Friday, May 12, 2006 / Rules and Regulations 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 approved operating permits program. 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 502 of the CAA are incorporated into the Federally-approved operating permits program. Records of such actions are maintained in the CFR at Title 40, part 70, appendix A, entitled ‘‘Approval Status of State and Local Operating Permits Programs.’’ jlentini on PROD1PC65 with RULES What Is Being Addressed in This Document? Missouri, in its letter of January 18, 2006, requested that EPA approve a revision to the SIP and Operating Permits Program to include revisions to rule 10 CSR 10–6.110, ‘‘Submission of Emission Data, Emission Fees, and Process Information’’. This rule deals with submittal of emissions information, emission fees, and public availability of emissions data. It provides procedures for collection, recording, and submittal of emissions data and process information on statesupplied Emission Inventory Questionnaire and Emission Statement forms so that the state can calculate emissions for the purpose of state air resource planning. By State statute, the emission fees are set annually to fund the reasonable cost of administering the program. MDNR continually evaluates the Operating Permits Program financial situation. Section (3)(D)1. was amended to establish an emissions fee of $34.50 per ton of regulated air pollutant starting for calendar year 2005. This amount represents a $1.50 increase from the emissions fee of $33.00 per ton of regulated pollutant for calendar year 2004. Sections (3)(D)2.E. and (3)(D)2.F. state when emission fees and Emission Inventory Questionnaire forms (or equivalent) are due to the Department of Natural Resources. Language was added to these sections to clarify that the fees and forms are due for all United States Department of Labor Standard Industrial Classifications except for Standard Industrial Classification 4911 Electric Services, which shall be due June 1 each year. VerDate Aug<31>2005 16:08 May 11, 2006 Jkt 208001 Have the Requirements for Approval of the SIP Revision and Part 70 Revision Been Met? The submittal satisfied the completeness criteria of 40 CFR part 51, appendix V. In addition, the state submittal has met the public notice requirements for SIP submission in accordance with 40 CFR 51.102 and met the substantive SIP requirements of the CAA including section 110 and 40 CFR 51.211, relating to submission of emissions data. Finally, the submittal met the substantive requirements of Title V of the 1990 CAA Amendments and 40 CFR part 70, including the requirement in 40 CFR 70.9 relating to emission fees. What Action Is EPA Taking? We are approving a revision to the Missouri SIP and incorporating the revised rule 10 CSR 10–6.110, ‘‘Submission of Emissions Data, Emission Fees, and Process Information.’’ We are also approving section (3)(D) of this rule as a program revision to the state’s Part 70 Operating Permits Program. We are processing this action as a direct final action because the revisions make routine changes to the existing rules which are noncontroversial, and make regulatory revisions required by state statute. 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, ‘‘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 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 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 and Title V permit 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 state submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a state submission, to use VCS in place of a state 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 E:\FR\FM\12MYR1.SGM 12MYR1 27631 Federal Register / Vol. 71, No. 92 / Friday, May 12, 2006 / Rules and Regulations 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 July 11, 2006. 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).) Dated: May 1, 2006. James B. Gulliford, Regional Administrator , Region 7. List of Subjects I Chapter I, Title 40 of the Code of Federal Regulations is amended as follows: 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. 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 is amended under Chapter 6 by revising the entry for ‘‘10–6.110’’ to read as follows: 40 CFR Part 70 I Administrative practice and procedure, Air pollution control, Intergovernmental relations, Operating permits, Reporting and recordkeeping requirements. § 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 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of Missouri * * * 10-6.110 ................................... * * * * * Submission of Emission Data, Emission Fees, and Process Information. * * * * 12/30/05 * Information’’ on January 5, 2006, approval of section (3)(D) effective July 11, 2006. PART 70—[AMENDED] * * * * * [FR Doc. 06–4432 Filed 5–11–06; 8:45 am] 1. The authority citation for part 70 continues to read as follows: I BILLING CODE 6560–50–P Authority: 42 U.S.C. 7401, et seq. ENVIRONMENTAL PROTECTION AGENCY Appendix A—[Amended] 2. Appendix A to part 70 is amended by adding paragraph (q) under Missouri to read as follows: I Appendix A to Part 70—Approval Status of State and Local Operating Permits Programs * * * * * * * * jlentini on PROD1PC65 with RULES Missouri * * (q) The Missouri Department of Natural Resources submitted revisions to Missouri rule 10 CSR 10–6.110, ‘‘Submission of Emission Data, Emission Fees, and Process VerDate Aug<31>2005 16:08 May 11, 2006 Jkt 208001 40 CFR Parts 52 and 81 [EPA–OAR–2005–AL–0003–200608; FRL– 8169–4] Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Alabama; Redesignation of the Birmingham, AL 8-Hour Ozone Nonattainment Area to Attainment for Ozone Environmental Protection Agency (EPA). AGENCY: PO 00000 Frm 00049 Fmt 4700 * 5/12/06 [insert FR page number where the document begins]. * * * Sfmt 4700 Section (3)(D), Emission Fees, has not been approved as part of the SIP * * ACTION: Final rule. SUMMARY: EPA is approving a request, submitted in draft on November 16, 2005, and in final on January 27, 2006, through the Alabama Department of Environmental Management (ADEM), to redesignate the Birmingham 8-hour ozone nonattainment area (Birmingham area) to attainment for the 8-hour ozone National Ambient Air Quality Standard (NAAQS). The Birmingham area is composed of two counties, Jefferson and Shelby. EPA’s approval of the redesignation request is based on the determination that the Birmingham area and the State of Alabama have met the criteria for redesignation to attainment set forth in the Clean Air Act (CAA), including the determination that the Birmingham area has attained the 8hour ozone standard. Additionally, EPA is approving an Alabama State Implementation Plan (SIP) revision containing a maintenance plan with a E:\FR\FM\12MYR1.SGM 12MYR1

Agencies

[Federal Register Volume 71, Number 92 (Friday, May 12, 2006)]
[Rules and Regulations]
[Pages 27628-27631]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4432]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2006-0380; FRL-8169-3]


Approval and Promulgation of Implementation Plans and Operating 
Permits Program; State of Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is approving revisions to the Missouri State 
Implementation Plan (SIP) and Operating Permits Program. EPA is 
approving a revision to the Missouri rule entitled ``Submission of 
Emission Data, Emission Fees, and Process Information.'' This revision 
will ensure consistency between the state and the Federally-approved 
rules.

DATES: This direct final rule will be effective July 11, 2006, without 
further notice, unless EPA receives adverse comment by June 12, 2006. 
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 Docket ID No. EPA-R07-
OAR-2006-0380, by one of the following methods:
    1. https://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    2. E-mail: algoe-eakin.amy@epa.gov.
    3. 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 Docket ID No. EPA-R07-OAR-
2006-0380. 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://www.regulations.gov, 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 through https://
www.regulations.gov or e-mail information that you consider to be CBI 
or otherwise protected. The https://www.regulations.gov Web site is an

[[Page 27629]]

``anonymous access'' system, 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 https://www.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 
https://www.regulations.gov index. 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 https://
www.regulations.gov 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.

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 the Part 70 Operating Permits Program?
What Is the Federal Approval Process for an Operating Permits 
Program?
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 the Part 70 Operating Permits Program?

    The CAA Amendments of 1990 require all states to develop operating 
permits programs that meet certain Federal criteria. In implementing 
this program, the states are to require certain sources of air 
pollution to obtain permits that contain all applicable requirements 
under the CAA. One purpose of the part 70 operating permits program is 
to improve enforcement by issuing each source a single permit that 
consolidates all of the applicable CAA requirements into a Federally-
enforceable document. By consolidating all of the applicable 
requirements for a facility into one document, the source, the public, 
and the permitting authorities can more easily determine what CAA 
requirements apply and how compliance with those requirements is 
determined.
    Sources required to obtain an operating permit under this program 
include ``major'' sources of air pollution and certain other sources 
specified in the CAA or in our implementing regulations. For example, 
all sources regulated under the acid rain program, regardless of size, 
must obtain permits. Examples of major sources include those that emit 
100 tons per year or more of volatile organic compounds, carbon 
monoxide, lead, sulfur dioxide, nitrogen dioxide, or PM10; 
those that emit 10 tons per year of any single hazardous air pollutant 
(HAP) (specifically listed under the CAA); or those that emit 25 tons 
per year or more of a combination of HAPs.
    Revision to the state and local agencies operating permits program 
are also subject to public notice, comment, and our approval.

What Is the Federal Approval Process for an Operating Permits Program?

    In order for state regulations to be incorporated into the 
Federally-enforceable Title V operating permits program, states must 
formally adopt regulations consistent with state and Federal 
requirements. This process generally includes a public notice,

[[Page 27630]]

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 approved operating 
permits program. 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 502 of the CAA are incorporated into the Federally-
approved operating permits program. Records of such actions are 
maintained in the CFR at Title 40, part 70, appendix A, entitled 
``Approval Status of State and Local Operating Permits Programs.''

What Is Being Addressed in This Document?

    Missouri, in its letter of January 18, 2006, requested that EPA 
approve a revision to the SIP and Operating Permits Program to include 
revisions to rule 10 CSR 10-6.110, ``Submission of Emission Data, 
Emission Fees, and Process Information''. This rule deals with 
submittal of emissions information, emission fees, and public 
availability of emissions data. It provides procedures for collection, 
recording, and submittal of emissions data and process information on 
state-supplied Emission Inventory Questionnaire and Emission Statement 
forms so that the state can calculate emissions for the purpose of 
state air resource planning.
    By State statute, the emission fees are set annually to fund the 
reasonable cost of administering the program. MDNR continually 
evaluates the Operating Permits Program financial situation. Section 
(3)(D)1. was amended to establish an emissions fee of $34.50 per ton of 
regulated air pollutant starting for calendar year 2005. This amount 
represents a $1.50 increase from the emissions fee of $33.00 per ton of 
regulated pollutant for calendar year 2004.
    Sections (3)(D)2.E. and (3)(D)2.F. state when emission fees and 
Emission Inventory Questionnaire forms (or equivalent) are due to the 
Department of Natural Resources. Language was added to these sections 
to clarify that the fees and forms are due for all United States 
Department of Labor Standard Industrial Classifications except for 
Standard Industrial Classification 4911 Electric Services, which shall 
be due June 1 each year.

Have the Requirements for Approval of the SIP Revision and Part 70 
Revision Been Met?

    The submittal satisfied the completeness criteria of 40 CFR part 
51, appendix V. In addition, the state submittal has met the public 
notice requirements for SIP submission in accordance with 40 CFR 51.102 
and met the substantive SIP requirements of the CAA including section 
110 and 40 CFR 51.211, relating to submission of emissions data.
    Finally, the submittal met the substantive requirements of Title V 
of the 1990 CAA Amendments and 40 CFR part 70, including the 
requirement in 40 CFR 70.9 relating to emission fees.

What Action Is EPA Taking?

    We are approving a revision to the Missouri SIP and incorporating 
the revised rule 10 CSR 10-6.110, ``Submission of Emissions Data, 
Emission Fees, and Process Information.''
    We are also approving section (3)(D) of this rule as a program 
revision to the state's Part 70 Operating Permits Program.
    We are processing this action as a direct final action because the 
revisions make routine changes to the existing rules which are 
noncontroversial, and make regulatory revisions required by state 
statute. 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, 
``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 and Title V permit 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 state submission for failure to use VCS. It would thus 
be inconsistent with applicable law for EPA, when it reviews a state 
submission, to use VCS in place of a state 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

[[Page 27631]]

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 July 11, 2006. 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

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.

40 CFR Part 70

    Administrative practice and procedure, Air pollution control, 
Intergovernmental relations, Operating permits, Reporting and 
recordkeeping requirements.

    Dated: May 1, 2006.
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 is amended under Chapter 6 by revising 
the entry for ``10-6.110'' to read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
                                                            State
        Missouri citation                  Title          effective    EPA  approval  date       Explanation
                                                             date
----------------------------------------------------------------------------------------------------------------
                                    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
 
                                                  * * * * * * *
10-6.110.........................  Submission of            12/30/05  5/12/06 [insert FR    Section (3)(D),
                                    Emission Data,                     page number where     Emission Fees, has
                                    Emission Fees, and                 the document          not been approved
                                    Process Information.               begins].              as part of the SIP
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 70--[AMENDED]

0
1. The authority citation for part 70 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

Appendix A--[Amended]

0
2. Appendix A to part 70 is amended by adding paragraph (q) under 
Missouri to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs

* * * * *
    Missouri
* * * * *
    (q) The Missouri Department of Natural Resources submitted 
revisions to Missouri rule 10 CSR 10-6.110, ``Submission of Emission 
Data, Emission Fees, and Process Information'' on January 5, 2006, 
approval of section (3)(D) effective July 11, 2006.
* * * * *
[FR Doc. 06-4432 Filed 5-11-06; 8:45 am]
BILLING CODE 6560-50-P
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