Approval and Promulgation of Implementation Plans and Operating Permits Program; State of Missouri, 7829-7832 [E7-2808]

Download as PDF 7829 Federal Register / Vol. 72, No. 34 / Wednesday, February 21, 2007 / Rules and Regulations (i) Incorporation by reference: (A) Regulation Title 6 of the New York Codes, Rules and Regulations (NYCRR), Part 217, ‘‘Motor Vehicle Enhanced Inspection and Maintenance Program Requirements,’’ specifically, Subpart 217–1, ‘‘Motor Vehicle Enhanced Inspection and Maintenance Program Requirements’’ and Subpart 217–4, ‘‘Inspection and Maintenance Program Audits,’’ effective on October 30, 2002, and the New York State Department of Motor Vehicles regulation Title 15 NYCRR Part 79 ‘‘Motor Vehicle Inspection Regulations,’’ specifically, Sections State effective date New York State regulation 79.1–79.15, 79.17, 79.20, 79.21, 79.24, and 79.25, effective on May 4, 2005. I 3. In 52.1679, the table is amended by revising the entries under Title 6 for Part 217 and Title 15 for Part 79 to read as follows: § 52.1679 EPA-approved New York State regulations. Latest EPA approval date Comments Title 6: * * * * Part 217, Motor Vehicle Emissions: Subpart 217–1, Motor Vehicle Enhanced Inspection and Maintenance Program Requirements. Subpart 217–4, Inspection and Maintenance Program Audits .......... * * * * Title 15: Part 79, ‘‘Motor Vehicle Inspection Regulations’’ Sections 79.1– 79.15, 79.17, 79.20, 79.21, 79.24, 79.25. * * * BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 70 [EPA–R07–OAR–2006–0803; FRL–8278–8] Approval and Promulgation of Implementation Plans and Operating Permits Program; State of Missouri Environmental Protection Agency (EPA). ACTION: Direct final rule. rmajette on PROD1PC67 with RULES AGENCY: SUMMARY: EPA is approving revisions to the Missouri State Implementation Plan (SIP) and Operating Permits Program. The revisions clarify the rule and streamline processes without negatively impacting air quality. The approved revisions will ensure consistency between the state and the Federallyapproved rules. DATES: This direct final rule will be effective April 23, 2007, without further notice, unless EPA receives adverse comment by March 23, 2007. 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. 15:04 Feb 20, 2007 Jkt 211001 10/30/02 10/30/02 5/4/05 * Frm 00009 Fmt 4700 * * 2/21/07 ............................................ [Insert FR page citation]. * Sfmt 4700 * 2/21/07 ............................................ [Insert FR page citation]. 2/21/07 ............................................ [Insert FR page citation]. Submit your comments, identified by Docket ID No. EPA–R07– OAR–2006–0803, by one of the following methods: 1. https://www.regulations.gov. Follow the online instructions for submitting comments. 2. E-mail: algoe-eakin.amy@epa.gov. 3. Mail: Amy Algoe-Eakin, Environmental Protection Agency, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101. 5. Hand Delivery or Courier: Deliver your comments to Amy Algoe-Eakin, Environmental Protection Agency, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101. Instructions: Direct your comments to Docket ID No. EPA–R07–OAR–2006– 0803. 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 PO 00000 * * ADDRESSES: [FR Doc. E7–2801 Filed 2–20–07; 8:45 am] VerDate Aug<31>2005 * * * ‘‘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 E:\FR\FM\21FER1.SGM 21FER1 7830 Federal Register / Vol. 72, No. 34 / Wednesday, February 21, 2007 / Rules and Regulations 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 a.m. to 4 p.m. excluding Federal holidays. The interested persons wanting to examine these documents should make an appointment with the office at least 24 hours in advance. FOR FURTHER INFORMATION CONTACT: Amy Algoe-Eakin at (913) 551–7942, or by e-mail at algoe-eakin.amy@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. This section provides additional information by addressing the following questions: What is a SIP? What is the Federal approval process for a SIP? What does Federal approval of a state regulation mean to me? What is the part 70 operating permits program? What is the Federal approval process for an operating permits program? What is being addressed in this document? Have the requirements for approval of a SIP revision and a Part 70 revision been met? What action is EPA taking? What is a SIP? rmajette on PROD1PC67 with RULES 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 VerDate Aug<31>2005 15:04 Feb 20, 2007 Jkt 211001 strategies consistent with state and Federal requirements. This process generally includes a public notice, public hearing, public comment period, and a formal adoption by a stateauthorized rulemaking body. Once a state rule, regulation, or control strategy is adopted, the state submits it to us for inclusion into the SIP. We must provide public notice and seek additional public comment regarding the proposed Federal action on the state submission. If adverse comments are received, they must be addressed prior to any final Federal action by us. All state regulations and supporting information approved by EPA under section 110 of the CAA are incorporated into the Federally-approved SIP. Records of such SIP actions are maintained in the Code of Federal Regulations (CFR) at title 40, part 52, entitled ‘‘Approval and Promulgation of Implementation Plans.’’ The actual state regulations which are approved are not reproduced in their entirety in the CFR outright but are ‘‘incorporated by reference,’’ which means that we have approved a given state regulation with a specific effective date. What does Federal approval of a state regulation mean to me? Enforcement of the state regulation before and after it is incorporated into the Federally-approved SIP is primarily a state responsibility. However, after the regulation is Federally approved, we are authorized to take enforcement action against violators. Citizens are also offered legal recourse to address violations as described in section 304 of the CAA. What is the part 70 operating permits program? The CAA Amendments of 1990 require all states to develop operating permits programs that meet certain Federal criteria. In implementing this program, the states are to require certain sources of air pollution to obtain permits that contain all applicable requirements under the CAA. One purpose of the part 70 operating permits program is to improve enforcement by issuing each source a single permit that consolidates all of the applicable CAA requirements into a Federallyenforceable document. By consolidating all of the applicable requirements for a facility into one document, the source, the public, and the permitting authorities can more easily determine what CAA requirements apply and how compliance with those requirements is determined. PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 Sources required to obtain an operating permit under this program include ‘‘major’’ sources of air pollution and certain other sources specified in the CAA or in our implementing regulations. For example, all sources regulated under the acid rain program, regardless of size, must obtain permits. Examples of major sources include those that emit 100 tons per year or more of volatile organic compounds, carbon monoxide, lead, sulfur dioxide, nitrogen dioxide, or PM10; those that emit 10 tons per year of any single hazardous air pollutant (HAP) (specifically listed under the CAA); or those that emit 25 tons per year or more of a combination of HAPs. Revision to the state and local agencies operating permits program are also subject to public notice, comment, and our approval. What is the Federal approval process for an operating permits program? In order for state regulations to be incorporated into the Federallyenforceable Title V operating permits program, states must formally adopt regulations consistent with state and Federal requirements. This process generally includes a public notice, public hearing, public comment period, and a formal adoption by a stateauthorized rulemaking body. Once a state rule, regulation, or control strategy is adopted, the state submits it to us for inclusion into the approved operating permits program. We must provide public notice and seek additional public comment regarding the proposed Federal action on the state submission. If adverse comments are received, they must be addressed prior to any final Federal action by us. All state regulations and supporting information approved by EPA under section 502 of the CAA are incorporated into the Federally-approved operating permits program. Records of such actions are maintained in the CFR at Title 40, part 70, appendix A, entitled ‘‘Approval Status of State and Local Operating Permits Programs.’’ What is being addressed in this document? On January 3, 2006, Missouri requested that EPA approve a revision to the SIP and Operating Permits Program to include revisions to the Operating Permits rule, 10 CSR 10– 6.065. The rule revisions streamline the basic and intermediate operating permits, which will minimize workload for both industry and state air program staff while maintaining the National Ambient Air Quality Standards E:\FR\FM\21FER1.SGM 21FER1 Federal Register / Vol. 72, No. 34 / Wednesday, February 21, 2007 / Rules and Regulations rmajette on PROD1PC67 with RULES (NAAQS). The rule revisions include the following: • General reformatting of the rule, • Added the definition of ‘‘Air Pollutant’’ and added a statement that definitions specified in this rule may be found in the Definitions and Common Reference Table Rule, 10 CSR 10–6.020, • Added new Section (3), which describes the process for issuance of single, multiple or general permits, • Revised Section (4), which relates to the Basic State Operating Permits, and we are not acting on this section pursuant to the December 20, 2006, letter from MDNR. • Revised Section (5), which relates to the Intermediate State Operating Permits; these revisions include deleting references to Section (4), revising procedures for permit notifications, including rule language for standard permit content, clarifying the relationship between single, multiple and general permits, and outlines permit procedures for notifying the Administrator of state intermediate operating permits. These changes to the intermediate program do not affect the stringency of the SIP-approved program but merely make it more consistent with the state’s Title V program. • Amended subsection (6)(B), Part 70 Operating Permit Applications, to provide for a specific date by which an installation must file a complete application and provide for a specific date when an installation becomes subject to Part 70 operating permits. It should be noted that this is the only change in the rule revisions which specifically relates to Missouri’s Title V operating permit program. It does not change the applicability of the approved program but merely makes it more explicit. Further information on specific changes made to this rule is available in the Technical Support Documentation developed for this action. Have the requirements for approval of a SIP revision and a Part 70 revision been met? The submittal satisfied the completeness criteria of 40 CFR part 51, appendix V. In addition, the state submittal has met the public notice requirements for SIP submission in accordance with 40 CFR 51.102 and met the substantive SIP requirements of the CAA. Finally, the submittal met the substantive requirements of Title V of the 1990 CAA Amendments and 40 CFR part 70. What action is EPA taking? We are approving the revisions to the Missouri Operating Permits rule, 10 CSR VerDate Aug<31>2005 15:04 Feb 20, 2007 Jkt 211001 10–6.065, into the SIP and Operating Permit Program. Per Missouri’s request, we are not approving revisions to Section (4) into the SIP or Part 70 as this section relates to the state’s Basic Operating Permit Program. We are processing this action as a direct final action because the revisions make routine changes to the existing rules, which are noncontroversial and make regulatory revisions required by state statute. Therefore, we do not anticipate any adverse comments. Please note that if EPA receives adverse comment on part of this rule and if that part can be severed from the remainder of the rule, EPA may adopt as final those parts of the rule that are not the subject of an adverse comment. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ‘‘significant regulatory action’’ and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4). This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 7831 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 approves a state rule implementing a Federal standard. In reviewing SIP and Title V submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a state submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a state submission, to use VCS in place of a state submission that otherwise satisfies the provisions of the CAA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by April 23, 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 E:\FR\FM\21FER1.SGM 21FER1 7832 Federal Register / Vol. 72, No. 34 / Wednesday, February 21, 2007 / Rules and Regulations enforce its requirements. (See section 307(b)(2).) 40 CFR Part 70 Administrative practice and procedure, Air pollution control, Intergovernmental relations, Operating permits, Reporting and recordkeeping requirements. 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. I Chapter I, Title 40 of the Code of Federal Regulations is amended as follows: 40 CFR Part 52 I Dated: February 9, 2007. John B. Askew, Regional Administrator, Region 7. List of Subjects PART 52—[AMENDED] § 52.1320 1. The authority citation for part 52 continues to read as follows: 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 ‘‘10–6.065’’ to read as follows: I * Identification of plan. * * (c) * * * * * EPA-APPROVED MISSOURI REGULATIONS Missouri citation State effective date Title EPA approval date Explanation Missouri Department of Natural Resources * * * * * * * Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of Missouri * * 10–6.065 ............ Operating Permits .. * * * * 09/30/05 * * * * * PART 70—[AMENDED] Bureau of Land Management 1. The authority citation for part 70 continues to read as follows: 43 CFR Part 2930 RIN 1004–AD68 Authority: 42 U.S.C. 7401, et seq. [WO–250–1220–PA–24 1A] Appendix A—[Amended] 2. Appendix A to part 70 is amended by adding paragraph (t) under Missouri to read as follows: I Appendix A to Part 70—Approval Status of State and Local Operating Permits Programs * * * * * * * * Missouri * * rmajette on PROD1PC67 with RULES (t) The Missouri Department of Natural Resources submitted revisions to Missouri rule 10 CSR 10–6.065, ‘‘Operating Permits’’ on January 3, 2006. We are approving this rule except for Section (4) which relates to the State Basic Operating Permits. This approval is effective April 23, 2007. * * * * * [FR Doc. E7–2808 Filed 2–20–07; 8:45 am] BILLING CODE 6560–50–P VerDate Aug<31>2005 15:04 Feb 20, 2007 Jkt 211001 Permits for Recreation on Public Lands Bureau of Land Management, Interior. ACTION: Final rule. AGENCY: SUMMARY: This final rule updates the regulations of the Bureau of Land Management (BLM) that explain how to obtain recreation permits for commercial recreational operations, competitive events and activities, organized group activities and events, and individual recreational use of special areas. The final rule is needed to remove from the regulations inconsistencies with the Federal Lands Recreation Enhancement Act (REA), which authorizes the Secretaries of the Interior and Agriculture to establish, modify, charge, and collect recreation fees at Federal recreation lands and waters for the next 10 years. DATES: Effective date: March 23, 2007. PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 * Section (4) Basic State Operating Permits, has not been approved as part of the SIP. * DEPARTMENT OF THE INTERIOR I * 02/21/07 [insert FR page number where the document begins]. * * * * * You may submit inquiries or suggestions to Director (250), Bureau of Land Management, Room 301–LS, Eastern States Office, 7450 Boston Boulevard, Springfield, Virginia 22153. FOR FURTHER INFORMATION CONTACT: Anthony Bobo at (202) 452–0333 as to the substance of the final rule, or Ted Hudson at (202) 452–5042 as to procedural matters. Persons who use a telecommunications device for the deaf (TDD) may contact either individual by calling the Federal Information Relay Service (FIRS) at (800) 877–8339, 24 hours a day, 7 days a week. SUPPLEMENTARY INFORMATION: ADDRESSES: I. Background II. Discussion of Public Comments III. Discussion of Final Rule IV. Procedural Matters I. Background The REA was passed as part of the 2005 Omnibus Appropriations bill, and signed into law on December 8, 2004. The Act provides authority for 10 years for the Secretaries of the Interior and Agriculture to establish, modify, charge, and collect recreation fees for use of certain Federal recreation lands and waters. Section 13 of REA repealed certain admission and use fee authorities, including Section 4(a) through (i) of the E:\FR\FM\21FER1.SGM 21FER1

Agencies

[Federal Register Volume 72, Number 34 (Wednesday, February 21, 2007)]
[Rules and Regulations]
[Pages 7829-7832]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-2808]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2006-0803; FRL-8278-8]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is approving revisions to the Missouri State 
Implementation Plan (SIP) and Operating Permits Program. The revisions 
clarify the rule and streamline processes without negatively impacting 
air quality. The approved revisions will ensure consistency between the 
state and the Federally-approved rules.

DATES: This direct final rule will be effective April 23, 2007, without 
further notice, unless EPA receives adverse comment by March 23, 2007. 
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-2006-0803, by one of the following methods:
    1. https://www.regulations.gov. Follow the online instructions for 
submitting comments.
    2. E-mail: algoe-eakin.amy@epa.gov.
    3. Mail: Amy Algoe-Eakin, Environmental Protection Agency, Air 
Planning and Development Branch, 901 North 5th Street, Kansas City, 
Kansas 66101.
    5. Hand Delivery or Courier: Deliver your comments to Amy Algoe-
Eakin, Environmental Protection Agency, Air Planning and Development 
Branch, 901 North 5th Street, Kansas City, Kansas 66101.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2006-0803. 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

[[Page 7830]]

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 a.m. to 4 p.m. excluding Federal holidays. The interested 
persons wanting to examine these documents should make an appointment 
with the office at least 24 hours in advance.

FOR FURTHER INFORMATION CONTACT: Amy Algoe-Eakin at (913) 551-7942, or 
by e-mail at algoe-eakin.amy@epa.gov.

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

What is a SIP?
What is the Federal approval process for a SIP?
What does Federal approval of a state regulation mean to me?
What is the part 70 operating permits program?
What is the Federal approval process for an operating permits 
program?
What is being addressed in this document?
Have the requirements for approval of a SIP revision and a Part 70 
revision been met?
What action is EPA taking?

What is a SIP?

    Section 110 of the Clean Air Act (CAA) requires states to develop 
air pollution regulations and control strategies to ensure that state 
air quality meets the national ambient air quality standards 
established by EPA. These ambient standards are established under 
section 109 of the CAA, and they currently address six criteria 
pollutants. These pollutants are: carbon monoxide, nitrogen dioxide, 
ozone, lead, particulate matter, and sulfur dioxide.
    Each state must submit these regulations and control strategies to 
us for approval and incorporation into the Federally-enforceable SIP. 
Each Federally-approved SIP protects air quality primarily by 
addressing air pollution at its point of origin. These SIPs can be 
extensive, containing state regulations or other enforceable documents 
and supporting information such as emission inventories, monitoring 
networks, and modeling demonstrations.

What is the Federal approval process for a SIP?

    In order for state regulations to be incorporated into the 
Federally-enforceable SIP, states must formally adopt the regulations 
and control strategies consistent with state and Federal requirements. 
This process generally includes a public notice, public hearing, public 
comment period, and a formal adoption by a state-authorized rulemaking 
body.
    Once a state rule, regulation, or control strategy is adopted, the 
state submits it to us for inclusion into the SIP. We must provide 
public notice and seek additional public comment regarding the proposed 
Federal action on the state submission. If adverse comments are 
received, they must be addressed prior to any final Federal action by 
us.
    All state regulations and supporting information approved by EPA 
under section 110 of the CAA are incorporated into the Federally-
approved SIP. Records of such SIP actions are maintained in the Code of 
Federal Regulations (CFR) at title 40, part 52, entitled ``Approval and 
Promulgation of Implementation Plans.'' The actual state regulations 
which are approved are not reproduced in their entirety in the CFR 
outright but are ``incorporated by reference,'' which means that we 
have approved a given state regulation with a specific effective date.

What does Federal approval of a state regulation mean to me?

    Enforcement of the state regulation before and after it is 
incorporated into the Federally-approved SIP is primarily a state 
responsibility. However, after the regulation is Federally approved, we 
are authorized to take enforcement action against violators. Citizens 
are also offered legal recourse to address violations as described in 
section 304 of the CAA.

What is the part 70 operating permits program?

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

What is the Federal approval process for an operating permits program?

    In order for state regulations to be incorporated into the 
Federally-enforceable Title V operating permits program, states must 
formally adopt regulations consistent with state and Federal 
requirements. This process generally includes a public notice, public 
hearing, public comment period, and a formal adoption by a state-
authorized rulemaking body.
    Once a state rule, regulation, or control strategy is adopted, the 
state submits it to us for inclusion into the approved operating 
permits program. We must provide public notice and seek additional 
public comment regarding the proposed Federal action on the state 
submission. If adverse comments are received, they must be addressed 
prior to any final Federal action by us.
    All state regulations and supporting information approved by EPA 
under section 502 of the CAA are incorporated into the Federally-
approved operating permits program. Records of such actions are 
maintained in the CFR at Title 40, part 70, appendix A, entitled 
``Approval Status of State and Local Operating Permits Programs.''

What is being addressed in this document?

    On January 3, 2006, Missouri requested that EPA approve a revision 
to the SIP and Operating Permits Program to include revisions to the 
Operating Permits rule, 10 CSR 10-6.065. The rule revisions streamline 
the basic and intermediate operating permits, which will minimize 
workload for both industry and state air program staff while 
maintaining the National Ambient Air Quality Standards

[[Page 7831]]

(NAAQS). The rule revisions include the following:
     General reformatting of the rule,
     Added the definition of ``Air Pollutant'' and added a 
statement that definitions specified in this rule may be found in the 
Definitions and Common Reference Table Rule, 10 CSR 10-6.020,
     Added new Section (3), which describes the process for 
issuance of single, multiple or general permits,
     Revised Section (4), which relates to the Basic State 
Operating Permits, and we are not acting on this section pursuant to 
the December 20, 2006, letter from MDNR.
     Revised Section (5), which relates to the Intermediate 
State Operating Permits; these revisions include deleting references to 
Section (4), revising procedures for permit notifications, including 
rule language for standard permit content, clarifying the relationship 
between single, multiple and general permits, and outlines permit 
procedures for notifying the Administrator of state intermediate 
operating permits. These changes to the intermediate program do not 
affect the stringency of the SIP-approved program but merely make it 
more consistent with the state's Title V program.
     Amended subsection (6)(B), Part 70 Operating Permit 
Applications, to provide for a specific date by which an installation 
must file a complete application and provide for a specific date when 
an installation becomes subject to Part 70 operating permits. It should 
be noted that this is the only change in the rule revisions which 
specifically relates to Missouri's Title V operating permit program. It 
does not change the applicability of the approved program but merely 
makes it more explicit.
    Further information on specific changes made to this rule is 
available in the Technical Support Documentation developed for this 
action.

Have the requirements for approval of a SIP revision and a Part 70 
revision been met?

    The submittal satisfied the completeness criteria of 40 CFR part 
51, appendix V. In addition, the state submittal has met the public 
notice requirements for SIP submission in accordance with 40 CFR 51.102 
and met the substantive SIP requirements of the CAA. Finally, the 
submittal met the substantive requirements of Title V of the 1990 CAA 
Amendments and 40 CFR part 70.

What action is EPA taking?

    We are approving the revisions to the Missouri Operating Permits 
rule, 10 CSR 10-6.065, into the SIP and Operating Permit Program. Per 
Missouri's request, we are not approving revisions to Section (4) into 
the SIP or Part 70 as this section relates to the state's Basic 
Operating Permit Program.
    We are processing this action as a direct final action because the 
revisions make routine changes to the existing rules, which are 
noncontroversial and make regulatory revisions required by state 
statute. Therefore, we do not anticipate any adverse comments. Please 
note that if EPA receives adverse comment on part of this rule and if 
that part can be severed from the remainder of the rule, EPA may adopt 
as final those parts of the rule that are not the subject of an adverse 
comment.

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the CAA. 
This rule also is not subject to Executive Order 13045, ``Protection of 
Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it approves a state rule implementing a 
Federal standard.
    In reviewing SIP and Title V submissions, EPA's role is to approve 
state choices, provided that they meet the criteria of the CAA. In this 
context, in the absence of a prior existing requirement for the State 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a state submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a state 
submission, to use VCS in place of a state submission that otherwise 
satisfies the provisions of the CAA. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note) do not apply. This rule does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by April 23, 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

[[Page 7832]]

enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

40 CFR Part 70

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

    Dated: February 9, 2007.
John B. Askew,
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 ``10-6.065'' 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
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
10-6.065................  Operating Permits..        09/30/05  02/21/07 [insert FR page  Section (4) Basic State
                                                                number where the          Operating Permits, has
                                                                document begins].         not been approved as
                                                                                          part of the SIP.
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 70--[AMENDED]

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

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

Appendix A--[Amended]

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

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

* * * * *

Missouri

* * * * *
    (t) The Missouri Department of Natural Resources submitted 
revisions to Missouri rule 10 CSR 10-6.065, ``Operating Permits'' on 
January 3, 2006. We are approving this rule except for Section (4) 
which relates to the State Basic Operating Permits. This approval is 
effective April 23, 2007.
* * * * *
[FR Doc. E7-2808 Filed 2-20-07; 8:45 am]
BILLING CODE 6560-50-P
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