Approval and Promulgation of Implementation Plans; State of Missouri, 64888-64891 [E6-18567]

Download as PDF 64888 Federal Register / Vol. 71, No. 214 / Monday, November 6, 2006 / Rules and Regulations number of small entities under the criteria of the Regulatory Flexibility Act. This rulemaking is promulgated under the authority described in subtitle VII, part A, subpart I, section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority since it contains flight operations at Fort Riley, Marshall Army Airfield, KS. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (Air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: I PART 71—DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; AIRWAYS; ROUTINES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: I Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9P, dated September 1, 2006, and effective September 16, 2006, is amended as follows: I Paragraph 5000. Class D Airspace * * * * * ACE KS D Fort Riley, KS Fort Riley, Marshall Army Airfield, KS (Lat. 39°03′19″ N., long. 96°45′52″ W.) Junction City, Freeman Field, KS (Lat. 39°02′36″ N., long. 96°50′36″ W.) That airspace extending upward from the surface to and including 3,600 feet MSL within a 3.7-mile radius of the Marshall Army Airfield excluding that airspace within R–3602B and excluding that airspace within a 1-mile radius of Junction City, Freeman Field, KS. This Class D airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory. cprice-sewell on PROD1PC66 with RULES * * * * * Issued in Forth Worth, Texas on October 17, 2006. Donald R. Smith, Manager, System Support Group, ATO Central Service Area. [FR Doc. 06–9073 Filed 11–3–06; 8:45 am] BILLING CODE 4910–13–M VerDate Aug<31>2005 15:39 Nov 03, 2006 Jkt 211001 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [CGD11–06–042] Drawbridge Operation Regulations; Cerritos Channel, Los Angeles, CA Coast Guard, DHS. Notice of temporary deviation from regulations. AGENCY: ACTION: SUMMARY: The Commander, Eleventh Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Henry Ford Drawbridge across the Cerritos Channel, mile 4.8 at Los Angeles, CA. This deviation allows the bridge to remain in the closed-to-navigation position during the deviation period. The deviation is necessary for the bridge owner, the Port of Los Angeles, to perform critical repairs which involve modifications to allow for the inspection of the bridge’s counterweight wire ropes. DATES: This deviation is effective from 8 a.m. on November 6, 2006 to 4 p.m. on December 8, 2006. ADDRESSES: Materials referred to in this document are available for inspection or copying at Commander (dpw), Eleventh Coast Guard District, Building 50–2, Coast Guard Island, Alameda, CA 94501–5100, between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. The telephone number is (510) 437–3515. The Bridge Section office maintains the public docket for this temporary deviation. FOR FURTHER INFORMATION CONTACT: David H. Sulouff, Chief, Bridge Section, Eleventh Coast Guard District, telephone (510) 437–3516. SUPPLEMENTARY INFORMATION: On October 5, 2006, The Port of Los Angeles requested a temporary change to the operation of the Henry Ford Drawbridge, mile 4.8, Cerritos Channel, at Los Angeles, CA. The Henry Ford Drawbridge navigation span provides a vertical clearance of 7 feet above Mean High Water in the closed-to-navigation position. Presently, the drawspan is maintained in the fully open position, except when a train is crossing or for maintenance. When the drawspan is in the closed position, it opens on signal as required by 33 CFR 117.147(b). Navigation on the waterway is mainly commercial traffic, servicing ships entering and leaving the port. The Port of Los Angeles requested the drawbridge be allowed to remain closed to PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 navigation, Monday through Friday, from 8 a.m. on November 6, 2006 to 4 p.m. on December 8, 2006. During this time, critical repairs will be made which involves modifications to allow for the inspection of the bridge’s counterweight wire ropes. This temporary deviation has been coordinated with waterway users. No objections to the proposed temporary rule were raised. While the bridge is in the closed-to-navigation position, vessels can transit around Terminal Island to reach the other side of the bridge. In accordance with 33 CFR 117.35(c), this work will be performed with all due speed in order to return the bridge to normal operation as soon as possible. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: October 24, 2006. J.A. Breckenridge, Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard District. [FR Doc. E6–18602 Filed 11–3–06; 8:45 am] BILLING CODE 4910–15–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R07–OAR–2006–0837; FRL–8239–3] Approval and Promulgation of Implementation Plans; State of Missouri Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: SUMMARY: EPA is taking direct final action to approve a revision to the State Implementation Plan (SIP) revision submitted by the State of Missouri to add a test method for compliance testing to the rule that will reduce emissions of nitrogen oxides (NOX) of major sources in the St. Louis ozone nonattainment area. DATES: This direct final rule will be effective January 5, 2007, without further notice, unless EPA receives adverse comment by December 6, 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–2006–0837, by one of the following methods: 1. https://www.regulations.gov. Follow the on-line instructions for submitting comments. E:\FR\FM\06NOR1.SGM 06NOR1 cprice-sewell on PROD1PC66 with RULES Federal Register / Vol. 71, No. 214 / Monday, November 6, 2006 / Rules and Regulations 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– 0837. 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, VerDate Aug<31>2005 15:39 Nov 03, 2006 Jkt 211001 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 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 (NAAQS) 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 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 64889 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? EPA is approving a revision to the SIP for the State of Missouri that was State effective on May 30, 2006. The purpose of the revision is to add Method 19 at 10 CSR 10–5.510(5)(A)5. as an acceptable test method for compliance testing. Method 19 is a test method promulgated by EPA in 40 CFR part 60, appendix A, which is used to determine (calculate or compute) NOX (heat input specific) emission rates (pound per mmBtu). To accommodate the addition of Method 19, it was necessary to renumber the test methods in the State rule. Have the Requirements for Approval of a SIP Revision Been Met? The State submittal has met the public notice requirements for SIP submissions in accordance with 40 CFR 51.102. The submittal also satisfied the completeness criteria of 40 CFR part 51, appendix V. In addition, as explained above and in more detail in the technical support document which is part of this docket, the revision meets the substantive SIP requirements of the CAA. E:\FR\FM\06NOR1.SGM 06NOR1 64890 Federal Register / Vol. 71, No. 214 / Monday, November 6, 2006 / Rules and Regulations What Action Is EPA Taking? EPA is approving a revision to the SIP for the State of Missouri to add Method 19 at 10 CSR 10–5.510(5)(A)5. as an acceptable test method for compliance testing. To accommodate the addition of Method 19, it was necessary to renumber the test methods in this rule. We are processing this action as a direct final action because the revisions make routine changes to the existing SIP 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. cprice-sewell on PROD1PC66 with RULES 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 VerDate Aug<31>2005 15:39 Nov 03, 2006 Jkt 211001 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 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 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 January 5, 2007. 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, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: October 25, 2006. Martha Cuppy, Acting Regional Administrator, Region 7. Chapter I, title 40 of the Code of Federal Regulations is amended as follows: I PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: I Authority: 42 U.S.C. 7401 et seq. Subpart AA—Missouri 2. In § 52.1320(c) the table is amended under Chapter 5 by revising the entry for ‘‘10–5.510’’ to read as follows: I § 52.1320 * Identification of Plan. * * (c) * * * E:\FR\FM\06NOR1.SGM 06NOR1 * * 64891 Federal Register / Vol. 71, No. 214 / Monday, November 6, 2006 / Rules and Regulations EPA-APPROVED MISSOURI REGULATIONS Missouri citation State effective date Title EPA approval date Explanation Missouri Department of Natural Resources * * * * * * Chapter 5—Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area * * 10–5.510 ........................................ * * * * * Control of Emissions of Nitrogen Oxides. * * * * * [FR Doc. E6–18567 Filed 11–3–06; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA–R04–OAR–2006–0676–200622(a); FRL–8239–5] Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; North Carolina; Redesignation of the Rocky Mount 8Hour Ozone Nonattainment Area to Attainment Environmental Protection Agency (EPA). ACTION: Direct final rule. cprice-sewell on PROD1PC66 with RULES AGENCY: SUMMARY: On June 19, 2006, the State of North Carolina, through the North Carolina Department of Environment and Natural Resources (NCDENR), Division of Air Quality, submitted a final request: to redesignate the Rocky Mount 8-hour ozone nonattainment area to attainment for the 8-hour ozone National Ambient Air Quality Standard (NAAQS), and to approve a North Carolina State Implementation Plan (SIP) revision containing a maintenance plan for Rocky Mount, North Carolina. The Rocky Mount 8-hour ozone nonattainment area is comprised of two counties, Edgecombe and Nash. EPA is approving the 8-hour ozone redesignation request for the Rocky Mount 8-hour ozone nonattainment area. Additionally, EPA is approving the 8-hour ozone maintenance plan for Rocky Mount, North Carolina. This approval is based on EPA’s determination that the State of North Carolina has demonstrated that the Rocky Mount area has met the criteria for redesignation to attainment specified in the Clean Air Act (CAA), including VerDate Aug<31>2005 16:17 Nov 03, 2006 Jkt 211001 * 05/30/06 * * 11/06/06 [insert FR page number where the document begins]. * the determination that the entire Rocky Mount 8-hour ozone nonattainment area has attained the 8-hour ozone standard. In this action, EPA is also finding adequate and approving the 2008 and 2017 motor vehicle emissions budgets (MVEBs) for nitrogen oxides (NOX) (for both Edgecombe and Nash counties) that are contained in the 8-hour ozone maintenance plan for the Rocky Mount nonattainment area. North Carolina has established subarea MVEBs at the county level so each county must consider its individual subarea MVEBs for the purposes of implementing transportation conformity. Further, in this action, EPA is finding adequate and approving the insignificance determination for volatile organic compounds’ (VOCs) contribution from motor vehicle emissions to the 8-hour ozone pollution in the Rocky Mount, North Carolina area. DATES: This rule is effective on January 5, 2007, without further notice, unless EPA receives adverse written comments by December 6, 2006. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No EPA–R04– OAR–2006–0676, by one of the following methods: 1. https://www.regulations.gov : Follow the online instructions for submitting comments. 2. E-mail: ward.nacosta@epa.gov or wood.amanetta@epa.gov. 3. Fax: 404–562–9019. 4. Mail: ‘‘EPA–R04–OAR–2006– 0676’’, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. 5. Hand Delivery or Courier. Deliver your comments to: Nacosta C. Ward or Amanetta Wood, Regulatory PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 * * * * Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. Such deliveries are only accepted during the Regional Office’s normal hours of operation. The Regional Office’s official hours of business are Monday through Friday, 8:30 to 4:30, excluding Federal holidays. Instructions: Direct your comments to Docket ID No.: ‘‘EPA–R04–OAR–2006– 0676’’. 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 www.regulations.gov or e-mail, information that you consider to be CBI or otherwise protected. The 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 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 E:\FR\FM\06NOR1.SGM 06NOR1

Agencies

[Federal Register Volume 71, Number 214 (Monday, November 6, 2006)]
[Rules and Regulations]
[Pages 64888-64891]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-18567]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2006-0837; FRL-8239-3]


Approval and Promulgation of Implementation Plans; State of 
Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action to approve a revision to the 
State Implementation Plan (SIP) revision submitted by the State of 
Missouri to add a test method for compliance testing to the rule that 
will reduce emissions of nitrogen oxides (NOX) of major 
sources in the St. Louis ozone nonattainment area.

DATES: This direct final rule will be effective January 5, 2007, 
without further notice, unless EPA receives adverse comment by December 
6, 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-2006-0837, by one of the following methods:
    1. https://www.regulations.gov. Follow the on-line instructions for 
submitting comments.

[[Page 64889]]

    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-
2006-0837. 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: Amy Algoe-Eakin at (913) 551-7942, or 
by e-mail at algoe-eakin.amy@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This section provides 
additional information by addressing the following questions:

What Is a SIP?
What Is the Federal Approval Process for a SIP?
What Does Federal Approval of a State Regulation Mean To Me?
What Is Being Addressed in This Document?
Have the Requirements For Approval of a SIP Revision Been Met?
What Action Is EPA Taking?

What Is a SIP?

    Section 110 of the Clean Air Act (CAA) requires States to develop 
air pollution regulations and control strategies to ensure that State 
air quality meets the national ambient air quality standards (NAAQS) 
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?

    EPA is approving a revision to the SIP for the State of Missouri 
that was State effective on May 30, 2006. The purpose of the revision 
is to add Method 19 at 10 CSR 10-5.510(5)(A)5. as an acceptable test 
method for compliance testing. Method 19 is a test method promulgated 
by EPA in 40 CFR part 60, appendix A, which is used to determine 
(calculate or compute) NOX (heat input specific) emission 
rates (pound per mmBtu). To accommodate the addition of Method 19, it 
was necessary to renumber the test methods in the State rule.

Have the Requirements for Approval of a SIP Revision Been Met?

    The State submittal has met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. The submittal also 
satisfied the completeness criteria of 40 CFR part 51, appendix V. In 
addition, as explained above and in more detail in the technical 
support document which is part of this docket, the revision meets the 
substantive SIP requirements of the CAA.

[[Page 64890]]

What Action Is EPA Taking?

    EPA is approving a revision to the SIP for the State of Missouri to 
add Method 19 at 10 CSR 10-5.510(5)(A)5. as an acceptable test method 
for compliance testing. To accommodate the addition of Method 19, it 
was necessary to renumber the test methods in this rule.
    We are processing this action as a direct final action because the 
revisions make routine changes to the existing SIP 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 January 5, 2007. 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, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: October 25, 2006.
Martha Cuppy,
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 5 by revising 
the entry for ``10-5.510'' to read as follows:


Sec.  52.1320  Identification of Plan.

* * * * *
    (c) * * *

[[Page 64891]]



                                        EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
                                                            State effective
         Missouri citation                  Title                date          EPA approval date     Explanation
----------------------------------------------------------------------------------------------------------------
                                    Missouri Department of Natural Resources
 
                                                  * * * * * * *
   Chapter 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
 
                                                  * * * * * * *
10-5.510..........................  Control of Emissions           05/30/06  11/06/06               ............
                                     of Nitrogen Oxides.                     [insert FR page
                                                                              number where the
                                                                              document begins].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. E6-18567 Filed 11-3-06; 8:45 am]
BILLING CODE 6560-50-P
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