Approval and Promulgation of Implementation Plans; State of Missouri, 33622-33625 [06-5250]
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Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Rules and Regulations
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Dated: June 5, 2006.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. E6–8995 Filed 6–9–06; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD09–06–035]
RIN 1625–AA00
Safety Zone: Lake Michigan,
Milwaukee, WI
Coast Guard, DHS.
Notice of Implementation of
final rule.
AGENCY:
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ACTION:
SUMMARY: The Coast Guard is
implementing safety zones for annual
fireworks displays in the Captain of the
Port Sector Lake Michigan Zone during
June 2006. This action is necessary to
provide for the safety of life and
property on navigable waters during
these events. These safety zones will
restrict vessel traffic from a portion of
the Captain of the Port Sector Lake
Michigan Zone.
DATES: Regulations at 33 CFR
165.909(a)(1) through (3) and (9) will be
enforced from 12:01 a.m. on June 12,
2006 to 11:59 p.m. on June 30, 2006. All
times given in this notice are local.
FOR FURTHER INFORMATION CONTACT:
Chief Warrant Officer Brad Hinken,
Sector Lake Michigan, (414) 747–7154.
SUPPLEMENTARY INFORMATION: The Coast
Guard is implementing the permanent
safety zones in 33 CFR 165.909, for
fireworks displays in the Captain of the
Port Sector Lake Michigan Zone during
June 2006. The following safety zones
will be enforced during the times
indicated below:
(1) Pridefest Fireworks, Milwaukee,
WI. Location: All waters off of Henry W.
Maier Festival Park Harbor Island, outer
Milwaukee Harbor from the point of
origin at 43[deg]02.209[min] N,
087[deg]53.714[min] W; southeast to
43[deg]02.117[min] N,
087[deg]53.417[min] W; then south to
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43[deg]01.767[min] N,
087[deg]53.417[min] W; then southwest
to 43[deg]01.555[min] N,
087[deg]53.772[min] W; then north
following the shoreline back to the point
of origin. All geographic coordinates are
North American Datum of 1983 (NAD
83). The Harbor Island Lagoon Area is
encompassed by this safety zone. This
safety zone will be enforced from 9 p.m.
to 10:30 p.m. on June 9, 2006.
(2) Summerfest Fireworks,
Milwaukee, WI. Location: All waters off
of Henry W. Maier Festival Park Harbor
Island, outer Milwaukee Harbor
encompassed by a line drawn from the
point of origin at 43[deg]02.209[min] N,
087[deg]53.714[min] W; then southeast
to 43[deg]02.117[min] N,
087[deg]53.417[min] W; then south to
43[deg]01.767[min] N,
087[deg]53.417[min] W; then southwest
to 43[deg]01.555[min] N,
087[deg]53.772[min] W; then north
following the shoreline back to the point
of origin (NAD 83). The Harbor Island
Lagoon Area is encompassed by this
safety zone. This safety zone will be
enforced from 10:00 p.m. to 11:30 p.m.
on June 29, 2006 or, in the event of foul
weather, during those same times on
June 30, 2006.
(3) Summerfest Hole-in-One Shoot/
Stunt Shows, Milwaukee, WI. Location:
All waters of the Harbor Island Lagoon,
outer Milwaukee Harbor from the point
of origin at 43[deg]02.50[min] N,
087[deg]53.78[min] W then west to
43[deg]02.50[min] N,
087[deg]53.85[min] W; then following
the shoreline of the Henry W. Maier
Festival Park and Harbor Island back to
the point of origin (NAD 83). This safety
zone will be enforced from 12 p.m. to
12 a.m. on June 29, 2006 and June 30,
2006.
(4) Riversplash Fireworks, Milwaukee,
WI. Location: All waters and adjacent
shoreline of Pere Marquette Park,
Milwaukee River encompassed by the
arc of a circle with a 210-foot radius of
the fireworks barge in approximate
position 43[deg]02.33[min] N,
087[deg]54.46[min] W (NAD 83). (This
safety zone will temporarily close down
the Milwaukee River.) This safety zone
will be enforced from 8:30 p.m. to 10:30
p.m. on June 2, 2006 and June 3, 2006.
In order to ensure the safety of
spectators and transiting vessels, these
safety zones will be enforced for the
duration of the events. In the event that
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these safety zones affect shipping,
commercial vessels may request
permission from the Captain of the Port,
Sector Lake Michigan to transit through
the safety zone. Requests must be made
in advance and approved by the Captain
of Port before transits will be
authorized. The Captain of the Port may
be contacted via U.S. Coast Guard
Sector Lake Michigan on channel 16,
VHF-FM. The Coast Guard will give
notice to the public via a Broadcast to
Mariners that the regulation is in effect.
Dated: June 1, 2006.
S.P. LaRochelle,
Captain, U.S. Coast Guard, Captain of the
Port Sector Lake Michigan.
[FR Doc. E6–9131 Filed 6–9–06; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2006–0462; FRL–8181–8]
Approval and Promulgation of
Implementation Plans; State of
Missouri
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is approving a revision to
the Missouri State Implementation Plan
(SIP). This approval pertains to
revisions to the state’s rule which
restricts emissions from specific
Missouri lead smelter-refinery
installations. The effect of this approval
is to remove duplication between two
SIP-approved documents, and does not
affect the stringency of the
requirements.
This direct final rule will be
effective August 11, 2006, without
further notice, unless EPA receives
adverse comment by July 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–2006–0462, by one of the
following methods:
DATES:
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Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Rules and Regulations
1. https://www.regulations.gov. Follow
the online instructions for submitting
comments.
2. E-mail: Gwen Yoshimura at
yoshimura.gwen@epa.gov.
3. Mail: Gwen Yoshimura,
Environmental Protection Agency, Air
Planning and Development Branch, 901
North 5th Street, Kansas City, Kansas
66101.
4. Hand Delivery or Courier: Deliver
your comments to Gwen Yoshimura,
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–
0462. 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
‘‘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
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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:
Gwen Yoshimura at (913) 551–7073, or
by e-mail at yoshimura.gwen@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,
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33623
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?
In January 1992, the portion of Iron
County, Missouri, bounded by Arcadia
and Liberty Townships, was designated
as nonattainment for lead. The major
source of lead emissions in the
nonattainment area was the Doe Run
Primary Smelting Facility, near Glover,
Missouri.
Primary smelting of lead began at this
location in 1968 under prior ownership.
Since the first quarter of 1997 the area
consistently complied with the 1.5
micrograms per cubic meter (1.5 µg/m3),
maximum quarterly average National
Ambient Air Quality Standard (NAAQS)
for lead. Currently the facility has
ceased production and has been
operating on a care and maintenance
schedule since December 1, 2003. On
October 29, 2004, EPA redesignated Iron
County, Missouri, to attainment for the
lead NAAQS and approved Missouri’s
associated SIP revision. As part of the
SIP revision, EPA approved the
maintenance plan for the area including
a settlement agreement.
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Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Rules and Regulations
The settlement agreement is an
element of the Glover Lead Maintenance
Plan, and contains permanent and
enforceable emission reductions for the
Doe Run Glover facility. The emission
reductions were originally approved as
part of the area’s 1997 nonattainment
SIP (62 FR 9970), and were later
incorporated into the settlement
agreement. Rule 10 CSR 10–6.120,
Restriction of Emissions of Lead From
Specific Lead Smelter-Refinery
Installations, duplicates this emission
reduction language. This direct final
rule eliminates this duplication,
deleting the language from the rule and
leaving the settlement agreement as is.
Under state law, the settlement
agreement would be subject to different
enforcement mechanisms than a state
regulation. However, under Federal law
the settlement agreement (like the
preexisting regulation) is enforceable
under Section 113 of the CAA, so this
change does not affect EPA’s
enforcement authority.
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, the revision meets the
substantive SIP requirements of the
CAA, including section 110 and
implementing regulations.
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What Action Is EPA Taking?
EPA approves deletion of references
to Doe Run, Glover within Missouri rule
10 CSR 10–6.120. Requirements for Doe
Run, Glover remain intact within the
settlement agreement among MDNR, the
Missouri Air Conservation Commission
(MACC), and Doe Run. Removal of this
language from the rule therefore does
not affect the stringency of the
requirements.
On October 28, 2004, the MACC
adopted the revised rule after
considering comments received at
public hearing. We are processing this
action as a direct final action because
the revisions make routine changes to
the existing rule 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.
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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
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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 August 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 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: May 31, 2006.
James B. Gulliford,
Regional Administrator, Region 7.
Chapter I, Title 40 of the Code of
Federal Regulations is amended as
follows:
I
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Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Rules and Regulations
PART 52—[AMENDED]
§ 52.1320
Subpart AA—Missouri
1. The authority citation for Part 52
continues to read as follows:
I
2. In § 52.1320(c) the table is amended
under Chapter 6 by revising the entry
for ‘‘10–6.120’’ to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
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Identification of plan.
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(c) * * *
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EPA—APPROVED MISSOURI REGULATIONS
Missouri
citation
State effective
date
Title
EPA approval date
Explanation
Missouri Department of Natural Resources
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Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of Missouri
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10–6.120 ......
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Restriction of Emissions of Lead
From Specific Lead Smelter-Refinery Installations.
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2006–0004; FRL–8176–4]
Approval and Promulgation of Air
Quality Implementation Plans; Indiana
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
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AGENCY:
SUMMARY: EPA is approving revisions to
the Indiana State Implementation Plan
(SIP) for ozone. In these revisions, the
State has incorporated changes EPA
made to its definition of volatile organic
compound (VOC) and its list of
Hazardous Air Pollutants (HAP). As a
result of EPA’s approval, five chemical
compounds will no longer be
considered VOCs and one compound
will no longer be considered a HAP
under Indiana’s SIP.
DATES: This direct final rule will be
effective August 11, 2006, without
further notice, unless EPA receives
adverse comment by July 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–R05–
OAR–2006–0004, by one of the
following methods:
19:26 Jun 09, 2006
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[FR Doc. 06–5250 Filed 6–9–06; 8:45 am]
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• https://www.regulations.gov: Follow
the online instructions for submitting
comments.
• E-mail: mooney.john@epa.gov.
• Fax: (312) 886–5824.
• Mail: John M. Mooney, Chief,
Criteria Pollutant Section, (AR–18J),
U.S. Environmental Protection Agency,
77 West Jackson Boulevard, Chicago,
Illinois 60604.
• Hand Delivery: John M. Mooney,
Chief, Criteria Pollutant Section, (AR–
18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard,
Chicago, Illinois 60604. Such deliveries
are only accepted during the Regional
Office’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information. The
Regional Office’s official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m. excluding Federal
holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2006–
0004. 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 information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
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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. For additional instructions on
submitting comments, go to Section I of
the SUPPLEMENTARY INFORMATION section
of this document.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This Facility is open
from 8:30 a.m. to 4:30 p.m., Monday
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]]>Agencies
[Federal Register Volume 71, Number 112 (Monday, June 12, 2006)]
[Rules and Regulations]
[Pages 33622-33625]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-5250]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2006-0462; FRL-8181-8]
Approval and Promulgation of Implementation Plans; State of
Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a revision to the Missouri State
Implementation Plan (SIP). This approval pertains to revisions to the
state's rule which restricts emissions from specific Missouri lead
smelter-refinery installations. The effect of this approval is to
remove duplication between two SIP-approved documents, and does not
affect the stringency of the requirements.
DATES: This direct final rule will be effective August 11, 2006,
without further notice, unless EPA receives adverse comment by July 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-2006-0462, by one of the following methods:
[[Page 33623]]
1. https://www.regulations.gov. Follow the online instructions for
submitting comments.
2. E-mail: Gwen Yoshimura at yoshimura.gwen@epa.gov.
3. Mail: Gwen Yoshimura, Environmental Protection Agency, Air
Planning and Development Branch, 901 North 5th Street, Kansas City,
Kansas 66101.
4. Hand Delivery or Courier: Deliver your comments to Gwen
Yoshimura, 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-
2006-0462. 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
``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: Gwen Yoshimura at (913) 551-7073, or
by e-mail at yoshimura.gwen@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?
In January 1992, the portion of Iron County, Missouri, bounded by
Arcadia and Liberty Townships, was designated as nonattainment for
lead. The major source of lead emissions in the nonattainment area was
the Doe Run Primary Smelting Facility, near Glover, Missouri.
Primary smelting of lead began at this location in 1968 under prior
ownership. Since the first quarter of 1997 the area consistently
complied with the 1.5 micrograms per cubic meter (1.5 [mu]g/
m3), maximum quarterly average National Ambient Air Quality
Standard (NAAQS) for lead. Currently the facility has ceased production
and has been operating on a care and maintenance schedule since
December 1, 2003. On October 29, 2004, EPA redesignated Iron County,
Missouri, to attainment for the lead NAAQS and approved Missouri's
associated SIP revision. As part of the SIP revision, EPA approved the
maintenance plan for the area including a settlement agreement.
[[Page 33624]]
The settlement agreement is an element of the Glover Lead
Maintenance Plan, and contains permanent and enforceable emission
reductions for the Doe Run Glover facility. The emission reductions
were originally approved as part of the area's 1997 nonattainment SIP
(62 FR 9970), and were later incorporated into the settlement
agreement. Rule 10 CSR 10-6.120, Restriction of Emissions of Lead From
Specific Lead Smelter-Refinery Installations, duplicates this emission
reduction language. This direct final rule eliminates this duplication,
deleting the language from the rule and leaving the settlement
agreement as is.
Under state law, the settlement agreement would be subject to
different enforcement mechanisms than a state regulation. However,
under Federal law the settlement agreement (like the preexisting
regulation) is enforceable under Section 113 of the CAA, so this change
does not affect EPA's enforcement authority.
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, the revision meets the substantive SIP
requirements of the CAA, including section 110 and implementing
regulations.
What Action Is EPA Taking?
EPA approves deletion of references to Doe Run, Glover within
Missouri rule 10 CSR 10-6.120. Requirements for Doe Run, Glover remain
intact within the settlement agreement among MDNR, the Missouri Air
Conservation Commission (MACC), and Doe Run. Removal of this language
from the rule therefore does not affect the stringency of the
requirements.
On October 28, 2004, the MACC adopted the revised rule after
considering comments received at public hearing. We are processing this
action as a direct final action because the revisions make routine
changes to the existing rule 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,
``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 August 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 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: May 31, 2006.
James B. Gulliford,
Regional Administrator, Region 7.
0
Chapter I, Title 40 of the Code of Federal Regulations is amended as
follows:
[[Page 33625]]
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 ``10-6.120'' 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 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------
* * * * * * *
10-6.120................ Restriction of 03/30/2005 06/12/2006............ ......................
Emissions of Lead
From Specific Lead
Smelter-Refinery
Installations.
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 06-5250 Filed 6-9-06; 8:45 am]
BILLING CODE 6560-50-P
