Approval and Promulgation of Implementation Plans; State of Missouri, 36486-36489 [06-5713]
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36486
Federal Register / Vol. 71, No. 123 / Tuesday, June 27, 2006 / Rules and Regulations
designated on-scene representative may
be contacted via VHF Channel 16.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Buffalo
or his on-scene representative to obtain
permission to do so. Vessel operators
given permission to enter or operate in
the safety zone shall comply with all
directions given to them by the Captain
of the Port Buffalo or his on-scene
representative.
Dated: June 16, 2006.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo, Sector Buffalo.
[FR Doc. E6–10062 Filed 6–26–06; 8:45 am]
BILLING CODE 4910–15–P
LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 201
[Docket No. 2006–3]
Notice of Termination
Copyright Office, Library of
Congress.
ACTION: Final rule: technical
amendment.
AGENCY:
SUMMARY: The Copyright Office is
making a technical amendment in the
regulation regarding notices of
termination of transfers and licenses to
clarify determination of the date on
which notice was served. In instances
where first class mail is used, the date
on which notice of termination is served
is the day on which the notice was
mailed.
Effective Date: June 27, 2006.
Kent
Dunlap, Principal Legal Advisor for the
General Counsel, Telephone: (202) 707–
8380. Telefax: (202) 707–8366.
SUPPLEMENTARY INFORMATION: Section
201.10 of the Copyright Office’s
regulations establishes procedures
governing the form, content, and
manner of service of notices of
termination of transfers and licenses
under sections 203 and 304 of the
copyright law, 17 U.S.C. 203, 304.
Regarding service of a notice of
termination, § 201.10(d)(1) of the
regulations provides that service on
each grantee shall be made ‘‘by personal
service, or by first-class mail sent to an
address which, after a reasonable
investigation, is found to be the last
known address of the grantee or
successor in title.’’ In order to record a
notice of termination, § 201.10(f)(ii)
DATES:
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FOR FURTHER INFORMATION CONTACT:
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requires ‘‘[t]he copy submitted for
recordation shall be accompanied by a
statement setting forth the date on
which the notice was served and the
manner of service, unless such
information is contained in the notice.’’
With respect to notices served by
mail, date of service as referred to in
§ 201.10(f)(ii) means the day on which
the notice of termination is mailed. The
Documents Section of the Copyright
Office has noted that a number of filings
of notices of termination do not specify
a single day date, but qualify the
statement by saying ‘‘on or about,’’ or
some other similar qualifier. It is our
understanding that the reason some
applicants avoid designating a single
day date is the belief that the date of
service is intended to mean the date on
which the grantee receives the notice. In
order to clarify this matter, we are
adding a sentence at the end of
§ 201.10(f)(1)(ii) providing: ‘‘[i]n
instances where service is made by firstclass mail, the date of service shall be
the day the notice of termination was
deposited with the United States Postal
Service.’’
Because this amendment is
declarative of the Office’s existing
policy and practices and is being issued
simply for purposes of clarification, the
Office finds that there is good cause to
make it effective immediately.
List of Subjects in 37 CFR Part 201
Copyright.
Technical Amendment
In consideration of the foregoing, the
Copyright Office is amending part 201
of 37 CFR, chapter II in the manner set
forth below.
I
PART 201—GENERAL PROVISIONS
1. The authority citation for part 201
continues to read as follows:
I
Authority: 17 U.S.C. 702.
2. Amend § 201.10 (f)(1)(ii) by adding
a sentence to the end of the paragraph
to read as follows:
I
§ 201.10 Notices of termination of
transfers and licenses.
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*
*
*
*
(f) * * *
(1) * * *
(ii) * * * In instances where service
is made by first-class mail, the date of
service shall be the day the notice of
termination was deposited with the
United States Postal Service.
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Dated: June 20, 2006.
Marybeth Peters,
Register of Copyright.
Approved by:
James H. Billington,
Librarian of Congress.
[FR Doc. E6–10091 Filed 6–26–06; 8:45 am]
BILLING CODE 1410–30–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2006–0287; FRL–8189–2]
Approval and Promulgation of
Implementation Plans; State of
Missouri
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is approving a State
Implementation Plan (SIP) submission
by the State of Missouri which revises
the Construction Permits Required rule
and takes no action on the revisions
made to the Emissions Banking and
Trading rule. A proposal was published
on April 14, 2006, in the Federal
Register, and no comments were
received. As proposed, we are
approving most of the revisions to the
Construction Permits Required rule
because the revisions incorporate, by
reference, the Federal New Source
Review reforms, published in the
Federal Register on December 31, 2002.
As requested by Missouri, EPA is not
acting on portions of the state rule
relating to Clean Unit Exemptions,
Pollution Control Projects, and a portion
of the record keeping provisions for the
actual-to-projected-actual emissions
projections test.
DATES: Effective Date: July 27, 2006.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2006–0287. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. 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 through
https://www.regulations.gov or in hard
copy at the Environmental Protection
Agency, Air Planning and Development
Branch, 901 North 5th Street, Kansas
City, KS. The Regional Office’s official
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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 the Federal Approval Process for a
SIP?
What Is the Background of This Action?
What Is EPA’s Final Action on Missouri’s
Rule to Incorporate NSR Reform?
What Is EPA’s Final Action on Missouri’s
Definition of ‘‘Baseline Area’’?
Have the Requirements for Approval of a SIP
Revision Been Met?
What Action Is EPA Taking?
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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 final 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 Clean Air Act (CAA
or Act) 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 Is the Background of This Action?
The 2002 NSR Reform rules made
changes to five areas of the NSR
programs. In summary, the 2002 rules:
(1) Provide a new method for
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determining baseline actual emissions;
(2) adopt an actual-to-projected-actual
methodology for determining whether a
major modification has occurred; (3)
allow major stationary sources to
comply with plantwide applicability
limits (PALs) to avoid having a
significant emission increase that
triggers the requirements of the major
NSR program; (4) provide a new
applicability provision for emissions
units that are designated clean units;
and (5) exclude pollution control
projects (PCPs).
After the 2002 NSR Reform rules were
finalized and effective, various
petitioners challenged numerous
aspects of the 2002 NSR Reform rules,
along with portions of EPA’s 1980 NSR
rules (45 FR 5276, August 7, 1980). On
June 24, 2005, the District of Columbia
Court of Appeals issued a decision on
the challenges to the 2002 NSR Reform
Rules. New York v. United States, 413
F.3d (DC Cir. 2005). In summary, the
Court of Appeals for the District of
Columbia vacated portions of the rules
pertaining to clean units and pollution
control projects, remanded a portion of
the rules regarding exemption from
record keeping, e.g., 40 CFR 52.21(r)(6)
and 40 CFR 51.166(r)(6), and let stand
the other provisions included as part of
the 2002 NSR Reform rules. EPA has not
yet responded to the Court’s remand
regarding record keeping provisions.
In the summer of 2004, Missouri
revised Missouri rule 10 CSR 10–6.060,
Construction Permits Required, and
Missouri rule 10 CSR 10–6.410,
Emissions Banking and Trading, to
incorporate the changes to the Federal
NSR program. These rule revisions were
adopted by the Missouri Air
Conservation Commission on August
26, 2004, and became effective under
state law on December 30, 2004. The
rules were submitted to EPA on
February 25, 2005, and the submission
included comments on the rules made
during the state’s adoption process, the
state’s response to comments and other
information necessary to meet EPA’s
completeness criteria. Because
Missouri’s rule revisions occurred prior
to the District of Columbia Court of
Appeals decision, Missouri requested in
a February 28, 2006, letter that EPA not
act on the PCP, Clean Unit Exemption
provisions, and the reasonable
possibility provision in the
recordkeeping provisions for the actualto-projected-actual emissions
projections applicability test.
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36487
What Is EPA’s Final Action on
Missouri’s Rule to Incorporate NSR
Reform?
The final action described in this
section is identical to the action we
proposed in the April 14, 2006, notice
of proposed rulemaking (71 FR 19467).
We received no comments on any aspect
of the proposal, and we are taking final
action based on the rationale in the
proposal and in this final rule. With the
exception of the revisions affected by
the Court decision, we are approving
revisions to Missouri rule, 10 CSR 10–
6.060, Construction Permits Required,
into the SIP. This rule incorporates by
reference the Federal Prevention of
Significant Deterioration (PSD) program
in 40 CFR 52.21, including the 2002
NSR Reform rules described above.
In relevant parts, the Missouri rule
excludes the public participation
requirements in § 52.21(q), in favor of
the Missouri public participation
process, previously approved in the SIP,
in 10 CSR 10–6.060 section (12)(B). The
Missouri rule retains a number of tables
and appendices, which apply to the
state’s minor NSR program as well as
the PSD program. These include
provisions on innovative control
technologies (Appendix E), exclusion
from increment consumption (Appendix
G), and air quality models (Appendix F).
As we explained in the proposed
rulemaking, to the extent that these
provisions or similar provisions are
addressed by § 52.21, the provisions of
§ 52.21 supersede the state provisions
for purposes of the PSD program. Other
provisions, such as the permit fee
provisions in Appendix (A) of 10 CSR
10–6.060, which are not addressed by
§ 52.21, remain in effect.
Missouri’s rule was adopted prior to
the New York decision described above
so it included the vacated and
remanded provisions of EPA’s rule.
However, as mentioned previously,
Missouri requested in a February 28,
2006, letter that EPA not act on the PCP
and Clean Unit Exemption provisions
incorporated into the state rule, and the
reasonable possibility provision in the
record keeping provisions for the actualto-projected-actual emissions
projections applicability test. In that
letter, Missouri explained that it
intended to remove the Clean Unit and
PCP provisions from its rule, and that it
would not apply the remanded portion
of the Federal rule until EPA responds
to the remand and takes final action on
this portion of the Missouri rule. In the
interim, all sources which use the
actual-to-projected-actual applicability
test authorized in the Federal rule
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would be required to maintain the
records identified in 40 CFR 52.21(r)(6).
Missouri has also clarified that the
state commits to following EPA’s
definition of ‘‘replacement unit’’ and
will follow EPA’s clarification of how
baseline emissions for PALs will be
calculated (these clarifications to the
EPA’s rules were promulgated after the
incorporation by reference date in the
Missouri rule). When Missouri updates
the Construction Permits Required rule,
10 CSR 10–6.060, Missouri commits to
incorporating EPA’s definition of
‘‘replacement unit’’ by reference and
will include EPA’s clarification of how
baseline emissions for PALs are to be
calculated.
We are taking no action on the
revision to rule 10 CSR 10–6.410,
Emissions Banking and Trading,
because the sole revision to this rule
was a change to prevent sources from
generating Early Reduction Credits
(ERCs) from PCPs that take advantage of
the PCP exclusion provisions in EPA’s
NSR Reform rules. Since the PCP
exclusion was vacated, and we are not
acting on this provision, as it relates to
Missouri rule 10 CSR 10–6.060, we are
not acting upon the revision to Missouri
rule 10 CSR 10–6.410.
We also note that Missouri clarified
section (9)(C)1 of the Construction
Permits Required rule. Section 9
outlines Hazardous Air Pollutant permit
requirements which are exempt from
hazardous air pollutant permit
requirements unless they are listed on
the source category list established in
accordance with section 112(c) of the
CAA. We are taking no action on
including revisions to section 9, because
section 9 addresses hazardous air
pollutants under section 112 and is not
presently in the SIP.
Missouri redesignate the areas of
significant impact as the baseline area
(Final rule, 47 FR 7696, and final rule,
47 FR 26833). We are approving
Missouri’s Construction Permits
Required rule, 10 CSR 10–6.060 because
Missouri has acknowledged it must
make area-specific designation requests,
and EPA must approve the
redesignation of the area before
Missouri could establish new baseline
areas under its rule. Missouri also
commits to revising the ‘‘baseline area’’
definition to clarify it will redesignate
the areas of significant impact as
baseline areas according to Section
107(d)(1)(D) or (E) of the CAA. Missouri
will submit these redesignations to EPA
for formal approval before the new
baseline area can be used for PSD
permitting purposes. While Missouri
works to revise the rule, Missouri
commits to implementing the baseline
area definition consistent with all
Federal regulations and will ensure that
the air quality increment analysis for
permit applications complies with all
Federal and state requirements.
What Is EPA’s Final Action on
Missouri’s Definition of ‘‘Baseline
Area’’?
Missouri’s initial NSR reform
submission, which largely incorporates
40 CFR 52.21 by reference, retained the
state’s own definition of ‘‘baseline
area,’’ in 10 CSR 10–6.060(1)(A)1.
Additionally, Missouri requested in the
February 28, 2006, letter that we
approve the Construction Permits
Required rule and retain Missouri’s
definition of baseline area in section
(1)(A)1. Missouri acknowledges that the
current Construction Permits Required
rule does not contain the statement,
‘‘designated as attainment or classifiable
under section 107(d)(1)(D) or (E) of the
Act’’ consistent with the federal
definition of ‘‘baseline area.’’ We had
previously approved this definition of
baseline area with the specification that
What Action Is EPA Taking?
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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
below and in more detail in the
technical support document that is part
of this document, EPA believes that the
revisions meet the substantive SIP
requirements of the CAA, including
section 110 and implementing
regulations.
We are approving most of the
revisions to Missouri rule, 10 CSR 10–
6.060, Construction Permits Required.
Per Missouri’s request, we are not acting
on: (1) Clean Unit Exemptions, (2)
Pollution Control Projects, and (3) the
‘‘reasonable possibility’’ portion of the
record keeping provisions for the actualto-projected-actual emissions
projections test. We are also not acting
on revisions to section (9) for Hazardous
Air Pollutants in 10 CSR 10–6.060,
because section 9 addresses hazardous
air pollutants under section 112 and is
not presently in the SIP. We are also
taking no action on revisions to
Missouri rule 10 CSR 10–6.410,
Emissions Banking and Trading,
because the only revision made to the
rule involves Pollution Control Projects.
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Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this Final
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 final 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 the final
approvals in this final 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.). The final partial
disapproval will not affect any existing
state requirements applicable to small
entities. Federal disapproval of the state
submittal does not affect its stateenforceability. Moreover, EPA’s partial
disapproval of the submittal does not
impose a new Federal requirement.
Therefore, the Administrator certifies
that this final disapproval action does
not have a significant 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 final 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
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CAA. This final 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 final 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.).
36489
Dated: June 19, 2006.
William W. Rice,
Acting Regional Administrator, Region 7.
Chapter I, Title 40 of the Code of
Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
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.
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 ‘‘10–6.060’’ to read as follows:
I
§ 52.1320
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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
10–6.060 ..........
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Construction Permits Required.
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12/30/2004
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6/27/2006 .................. This revision incorporates by reference elements of
EPA’s NSR reform rule published December 31,
2002. Provisions of the incorporated reform rule relating to the Clean Unit Exemption, Pollution Control
Projects, and exemption from record keeping provisions for certain sources using the actual-to-projected-actual emissions projections test are not SIP
approved. This revision also incorporates by reference the other provisions of 40 CFR 52.21 as in
effect on July 1, 2003, which supersedes any conflicting provisions in the Missouri rule. Section 9,
pertaining to hazardous air pollutants, is not SIP approved.
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BILLING CODE 6560–50–P
National Oceanic and Atmospheric
Administration
SUMMARY: NMFS issues a final rule to
exclude tagged halibut and tagged
sablefish catches from deduction from
fishermen’s Individual Fishing Quota
(IFQ) and from Western Alaska
Community Development Quota (CDQ)
accounts. This action is necessary to
ensure that only halibut and sablefish
that are tagged with an external research
tag are excluded from IFQ deduction,
and to extend the same exclusion to
halibut and sablefish harvested under
the CDQ Program. This action is
intended to improve administration of
the IFQ and CDQ Programs, to enhance
collection of scientific data from
external tags, and to further the goals
[Docket No. 040610180–6173–03; I.D.
030806A]
RIN 0648–AR09
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Final rule.
ACTION:
50 CFR Part 679
Fisheries of the Exclusive Economic
Zone Off Alaska; Recordkeeping and
Reporting; Tagged Pacific Halibut and
Tagged Sablefish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
16:03 Jun 26, 2006
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DEPARTMENT OF COMMERCE
[FR Doc. 06–5713 Filed 6–26–06; 8:45 am]
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]]>Agencies
[Federal Register Volume 71, Number 123 (Tuesday, June 27, 2006)]
[Rules and Regulations]
[Pages 36486-36489]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-5713]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2006-0287; FRL-8189-2]
Approval and Promulgation of Implementation Plans; State of
Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) submission
by the State of Missouri which revises the Construction Permits
Required rule and takes no action on the revisions made to the
Emissions Banking and Trading rule. A proposal was published on April
14, 2006, in the Federal Register, and no comments were received. As
proposed, we are approving most of the revisions to the Construction
Permits Required rule because the revisions incorporate, by reference,
the Federal New Source Review reforms, published in the Federal
Register on December 31, 2002. As requested by Missouri, EPA is not
acting on portions of the state rule relating to Clean Unit Exemptions,
Pollution Control Projects, and a portion of the record keeping
provisions for the actual-to-projected-actual emissions projections
test.
DATES: Effective Date: July 27, 2006.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2006-0287. All documents in the docket are listed on
the https://www.regulations.gov Web site. 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 through
https://www.regulations.gov or in hard copy at the Environmental
Protection Agency, Air Planning and Development Branch, 901 North 5th
Street, Kansas City, KS. The Regional Office's official
[[Page 36487]]
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 the Federal Approval Process for a SIP?
What Is the Background of This Action?
What Is EPA's Final Action on Missouri's Rule to Incorporate NSR
Reform?
What Is EPA's Final Action on Missouri's Definition of ``Baseline
Area''?
Have the Requirements for Approval of a SIP Revision Been Met?
What Action Is EPA Taking?
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 final
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 Clean Air Act (CAA or Act) 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 Is the Background of This Action?
The 2002 NSR Reform rules made changes to five areas of the NSR
programs. In summary, the 2002 rules: (1) Provide a new method for
determining baseline actual emissions; (2) adopt an actual-to-
projected-actual methodology for determining whether a major
modification has occurred; (3) allow major stationary sources to comply
with plantwide applicability limits (PALs) to avoid having a
significant emission increase that triggers the requirements of the
major NSR program; (4) provide a new applicability provision for
emissions units that are designated clean units; and (5) exclude
pollution control projects (PCPs).
After the 2002 NSR Reform rules were finalized and effective,
various petitioners challenged numerous aspects of the 2002 NSR Reform
rules, along with portions of EPA's 1980 NSR rules (45 FR 5276, August
7, 1980). On June 24, 2005, the District of Columbia Court of Appeals
issued a decision on the challenges to the 2002 NSR Reform Rules. New
York v. United States, 413 F.3d (DC Cir. 2005). In summary, the Court
of Appeals for the District of Columbia vacated portions of the rules
pertaining to clean units and pollution control projects, remanded a
portion of the rules regarding exemption from record keeping, e.g., 40
CFR 52.21(r)(6) and 40 CFR 51.166(r)(6), and let stand the other
provisions included as part of the 2002 NSR Reform rules. EPA has not
yet responded to the Court's remand regarding record keeping
provisions.
In the summer of 2004, Missouri revised Missouri rule 10 CSR 10-
6.060, Construction Permits Required, and Missouri rule 10 CSR 10-
6.410, Emissions Banking and Trading, to incorporate the changes to the
Federal NSR program. These rule revisions were adopted by the Missouri
Air Conservation Commission on August 26, 2004, and became effective
under state law on December 30, 2004. The rules were submitted to EPA
on February 25, 2005, and the submission included comments on the rules
made during the state's adoption process, the state's response to
comments and other information necessary to meet EPA's completeness
criteria. Because Missouri's rule revisions occurred prior to the
District of Columbia Court of Appeals decision, Missouri requested in a
February 28, 2006, letter that EPA not act on the PCP, Clean Unit
Exemption provisions, and the reasonable possibility provision in the
recordkeeping provisions for the actual-to-projected-actual emissions
projections applicability test.
What Is EPA's Final Action on Missouri's Rule to Incorporate NSR
Reform?
The final action described in this section is identical to the
action we proposed in the April 14, 2006, notice of proposed rulemaking
(71 FR 19467). We received no comments on any aspect of the proposal,
and we are taking final action based on the rationale in the proposal
and in this final rule. With the exception of the revisions affected by
the Court decision, we are approving revisions to Missouri rule, 10 CSR
10-6.060, Construction Permits Required, into the SIP. This rule
incorporates by reference the Federal Prevention of Significant
Deterioration (PSD) program in 40 CFR 52.21, including the 2002 NSR
Reform rules described above.
In relevant parts, the Missouri rule excludes the public
participation requirements in Sec. 52.21(q), in favor of the Missouri
public participation process, previously approved in the SIP, in 10 CSR
10-6.060 section (12)(B). The Missouri rule retains a number of tables
and appendices, which apply to the state's minor NSR program as well as
the PSD program. These include provisions on innovative control
technologies (Appendix E), exclusion from increment consumption
(Appendix G), and air quality models (Appendix F). As we explained in
the proposed rulemaking, to the extent that these provisions or similar
provisions are addressed by Sec. 52.21, the provisions of Sec. 52.21
supersede the state provisions for purposes of the PSD program. Other
provisions, such as the permit fee provisions in Appendix (A) of 10 CSR
10-6.060, which are not addressed by Sec. 52.21, remain in effect.
Missouri's rule was adopted prior to the New York decision
described above so it included the vacated and remanded provisions of
EPA's rule. However, as mentioned previously, Missouri requested in a
February 28, 2006, letter that EPA not act on the PCP and Clean Unit
Exemption provisions incorporated into the state rule, and the
reasonable possibility provision in the record keeping provisions for
the actual-to-projected-actual emissions projections applicability
test. In that letter, Missouri explained that it intended to remove the
Clean Unit and PCP provisions from its rule, and that it would not
apply the remanded portion of the Federal rule until EPA responds to
the remand and takes final action on this portion of the Missouri rule.
In the interim, all sources which use the actual-to-projected-actual
applicability test authorized in the Federal rule
[[Page 36488]]
would be required to maintain the records identified in 40 CFR
52.21(r)(6).
Missouri has also clarified that the state commits to following
EPA's definition of ``replacement unit'' and will follow EPA's
clarification of how baseline emissions for PALs will be calculated
(these clarifications to the EPA's rules were promulgated after the
incorporation by reference date in the Missouri rule). When Missouri
updates the Construction Permits Required rule, 10 CSR 10-6.060,
Missouri commits to incorporating EPA's definition of ``replacement
unit'' by reference and will include EPA's clarification of how
baseline emissions for PALs are to be calculated.
We are taking no action on the revision to rule 10 CSR 10-6.410,
Emissions Banking and Trading, because the sole revision to this rule
was a change to prevent sources from generating Early Reduction Credits
(ERCs) from PCPs that take advantage of the PCP exclusion provisions in
EPA's NSR Reform rules. Since the PCP exclusion was vacated, and we are
not acting on this provision, as it relates to Missouri rule 10 CSR 10-
6.060, we are not acting upon the revision to Missouri rule 10 CSR 10-
6.410.
We also note that Missouri clarified section (9)(C)1 of the
Construction Permits Required rule. Section 9 outlines Hazardous Air
Pollutant permit requirements which are exempt from hazardous air
pollutant permit requirements unless they are listed on the source
category list established in accordance with section 112(c) of the CAA.
We are taking no action on including revisions to section 9, because
section 9 addresses hazardous air pollutants under section 112 and is
not presently in the SIP.
What Is EPA's Final Action on Missouri's Definition of ``Baseline
Area''?
Missouri's initial NSR reform submission, which largely
incorporates 40 CFR 52.21 by reference, retained the state's own
definition of ``baseline area,'' in 10 CSR 10-6.060(1)(A)1.
Additionally, Missouri requested in the February 28, 2006, letter that
we approve the Construction Permits Required rule and retain Missouri's
definition of baseline area in section (1)(A)1. Missouri acknowledges
that the current Construction Permits Required rule does not contain
the statement, ``designated as attainment or classifiable under section
107(d)(1)(D) or (E) of the Act'' consistent with the federal definition
of ``baseline area.'' We had previously approved this definition of
baseline area with the specification that Missouri redesignate the
areas of significant impact as the baseline area (Final rule, 47 FR
7696, and final rule, 47 FR 26833). We are approving Missouri's
Construction Permits Required rule, 10 CSR 10-6.060 because Missouri
has acknowledged it must make area-specific designation requests, and
EPA must approve the redesignation of the area before Missouri could
establish new baseline areas under its rule. Missouri also commits to
revising the ``baseline area'' definition to clarify it will
redesignate the areas of significant impact as baseline areas according
to Section 107(d)(1)(D) or (E) of the CAA. Missouri will submit these
redesignations to EPA for formal approval before the new baseline area
can be used for PSD permitting purposes. While Missouri works to revise
the rule, Missouri commits to implementing the baseline area definition
consistent with all Federal regulations and will ensure that the air
quality increment analysis for permit applications complies with all
Federal and state requirements.
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 below and in more detail in the technical
support document that is part of this document, EPA believes that the
revisions meet the substantive SIP requirements of the CAA, including
section 110 and implementing regulations.
What Action Is EPA Taking?
We are approving most of the revisions to Missouri rule, 10 CSR 10-
6.060, Construction Permits Required. Per Missouri's request, we are
not acting on: (1) Clean Unit Exemptions, (2) Pollution Control
Projects, and (3) the ``reasonable possibility'' portion of the record
keeping provisions for the actual-to-projected-actual emissions
projections test. We are also not acting on revisions to section (9)
for Hazardous Air Pollutants in 10 CSR 10-6.060, because section 9
addresses hazardous air pollutants under section 112 and is not
presently in the SIP. We are also taking no action on revisions to
Missouri rule 10 CSR 10-6.410, Emissions Banking and Trading, because
the only revision made to the rule involves Pollution Control Projects.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
Final 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 final
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 the final approvals in
this final 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.). The final partial disapproval will not
affect any existing state requirements applicable to small entities.
Federal disapproval of the state submittal does not affect its state-
enforceability. Moreover, EPA's partial disapproval of the submittal
does not impose a new Federal requirement. Therefore, the Administrator
certifies that this final disapproval action does not have a
significant 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 final 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
[[Page 36489]]
CAA. This final 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 final 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.).
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: June 19, 2006.
William W. Rice,
Acting 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 ``10-6.060'' 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
* * * * * * *
10-6.060............... Construction 12/30/2004 6/27/2006................... This revision
Permits Required. incorporates by
reference elements of
EPA's NSR reform rule
published December
31, 2002. Provisions
of the incorporated
reform rule relating
to the Clean Unit
Exemption, Pollution
Control Projects, and
exemption from record
keeping provisions
for certain sources
using the actual-to-
projected-actual
emissions projections
test are not SIP
approved. This
revision also
incorporates by
reference the other
provisions of 40 CFR
52.21 as in effect on
July 1, 2003, which
supersedes any
conflicting
provisions in the
Missouri rule.
Section 9, pertaining
to hazardous air
pollutants, is not
SIP approved.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 06-5713 Filed 6-26-06; 8:45 am]
BILLING CODE 6560-50-P
