Approval and Promulgation of Implementation Plans; State of Missouri, 30272-30275 [E7-10231]
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30272
Federal Register / Vol. 72, No. 104 / Thursday, May 31, 2007 / Rules and Regulations
Environment
We have analyzed this rule under
Commandant Instruction M16475.lD
and Department of Homeland Security
Management Directive 5100.1, which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f), and have concluded that there
are no factors in this case that would
limit the use of a categorical exclusion
under section 2.B.2 of the Instruction.
Therefore, this rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction, from further
environmental documentation.
Paragraph (34)(g) is applicable because
this rule establishes a safety zone. A
final ‘‘Environmental Analysis Check
List’’ and a final ‘‘Categorical Exclusion
Determination’’ will be available in the
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
I For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR Part 165 as follows:
ENVIRONMENTAL PROTECTION
AGENCY
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add temporary § 165.T11–192 to
read as follows:
I
cprice-sewell on PRODPC61 with RULES
§ 165.T11–192 Safety Zones; Whales
transiting San Francisco Bay and Delta
Region, CA.
(a) Location. These temporary,
moving safety zones are established for
the waters of San Francisco Bay and
Delta Region surrounding whales that
are swimming through the area. During
the whales’ transit these safety zones
will encompass the navigable waters
around and under each whale within a
radius of 500 yards.
(b) Enforcement Period. This section
will be enforced from 12:01 a.m. May
17, 2007, to 11:59 p.m. June 5, 2007. If
the whales leave the area before the
scheduled end date, the Coast Guard
will cease enforcement of these safety
zones and will announce that fact via
Broadcast Notice to Mariners.
(c) Regulations. In accordance with
the general regulations in § 165.23 of
this part, entry into, transit through, or
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40 CFR Part 52
[EPA–R07–OAR–2007–0383; FRL–8318–8]
1. The authority citation for part 165
continues to read as follows:
I
14:52 May 30, 2007
Dated: May 17, 2007.
W. J. Uberti,
Captain, U.S. Coast Guard, Captain of the
Port, San Francisco.
[FR Doc. E7–10503 Filed 5–30–07; 8:45 am]
BILLING CODE 4910–15–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
VerDate Aug<31>2005
anchoring within these safety zones by
all vessels and persons is prohibited,
unless specifically authorized by the
Captain of the Port, San Francisco, or
his designated representative.
(d) Enforcement. All persons and
vessels shall comply with the
instructions of the Coast Guard Captain
of the Port, or the designated on-scene
patrol personnel. Patrol personnel can
be comprised of commissioned, warrant,
and petty officers of the Coast Guard
onboard Coast Guard, Coast Guard
Auxiliary, local, state, and federal law
enforcement vessels. Upon being hailed
by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other
means, the operator of a vessel shall
proceed as directed. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of these safety zones by
local law enforcement as necessary.
Approval and Promulgation of
Implementation Plans; State of
Missouri
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is approving a request to
amend the Missouri State
Implementation Plan (SIP) to include
the base year inventory for the Missouri
portion of the St. Louis 8-hour ozone
national ambient air quality standard
(NAAQS) nonattainment area and a
demonstration of Missouri’s emissions
statement authority. The Missouri
portion of the St. Louis nonattainment
area consists of the City of St. Louis and
Franklin, Jefferson, St. Charles and St.
Louis Counties. The nonattainment area
also includes four counties in Illinois.
This amendment would fulfill
Missouri’s obligation, as a moderate
nonattainment area, to submit a base
year inventory for the 8-hour ozone
NAAQS and to demonstrate adequate
authority to address the emissions
statement requirement as required
under Section 182(a)(1) and Section
182(a)(3)(B) of the Clean Air Act,
respectively.
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This direct final rule will be
effective July 30, 2007, without further
notice, unless EPA receives adverse
comment by July 2, 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.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2007–0383, by one of the
following methods:
1. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
2. E-mail: rios.shelly@epa.gov.
3. Mail: Shelly Rios-LaLuz,
Environmental Protection Agency, Air
Planning and Development Branch, 901
North 5th Street, Kansas City, Kansas
66101.
4. Hand Delivery or Courier. Deliver
your comments to Shelly Rios-LaLuz,
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–2007–
0383. 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
ADDRESSES:
E:\FR\FM\31MYR1.SGM
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Federal Register / Vol. 72, No. 104 / Thursday, May 31, 2007 / Rules and Regulations
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:
Shelly Rios-LaLuz at (913) 551–7296, or
by e-mail at rios.shelly@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:
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What is a SIP?
What is the Federal approval process for a
SIP?
What is being addressed in this document?
Have the requirements for approval of a SIP
revision been met?
What action is EPA taking?
What is a SIP?
Section 110 of the Clean Air Act
(CAA) requires states to develop air
pollution regulations and control
strategies to ensure that state air quality
meets the national ambient air quality
standards established by EPA. These
ambient standards are established under
section 109 of the CAA, and they
currently address six criteria pollutants.
These pollutants are: Carbon monoxide,
nitrogen dioxide, ozone, lead,
particulate matter, and sulfur dioxide.
Each state must submit these
regulations and control strategies to us
for approval and incorporation into the
Federally-enforceable SIP.
Each Federally-approved SIP protects
air quality primarily by addressing air
pollution at its point of origin. These
SIPs can be extensive, containing state
regulations or other enforceable
documents and supporting information
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14:52 May 30, 2007
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such as emission inventories,
monitoring networks, and modeling
demonstrations.
What is the Federal approval process
for a SIP?
In order for state regulations to be
incorporated into the Federallyenforceable SIP, states must formally
adopt the regulations and control
strategies consistent with state and
Federal requirements. This process
generally includes a public notice,
public hearing, public comment period,
and a formal adoption by a stateauthorized rulemaking body.
Once a state rule, regulation, or
control strategy is adopted, the state
submits it to us for inclusion into the
SIP. We must provide public notice and
seek additional public comment
regarding the proposed Federal action
on the state submission. If adverse
comments are received, they must be
addressed prior to any final Federal
action by us.
All state regulations and supporting
information approved by EPA under
section 110 of the CAA are incorporated
into the Federally-approved SIP.
Records of such SIP actions are
maintained in the Code of Federal
Regulations (CFR) at title 40, part 52,
entitled ‘‘Approval and Promulgation of
Implementation Plans.’’ The actual state
regulations which are approved are not
reproduced in their entirety in the CFR
outright but are ‘‘incorporated by
reference,’’ which means that we have
approved a given state regulation with
a specific effective date.
What is being addressed in this
document?
On June 15, 2006, we received a
request from the Missouri Department of
Natural Resources (MDNR) to amend its
SIP to include the 2002 Base Year
Emissions Inventory for the Missouri
Portion of the St. Louis 8-Hour Ozone
Nonattainment Area. The Missouri
portion of the St. Louis nonattainment
area consists of the City of St. Louis and
Franklin, Jefferson, St. Charles and St.
Louis Counties. The St. Louis area was
designated a moderate nonattainment
area for the 8-hour ozone national
ambient air quality standard (NAAQS)
on April 15, 2004. This designation
became effective on June 15, 2004.
Moderate nonattainment areas must
comply with requirements under the
CAA Section 182(b), which states, in
part, that moderate nonattainment areas
shall make submissions that are
required under subsection (a) relating to
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30273
marginal areas. Section 182(a)(1) states
that areas subject to Section 182(a) must
submit a comprehensive, accurate,
current inventory of actual emissions
from all sources in accordance with EPA
guidance. Such plans must be submitted
within two years after the initial
designation of June 15, 2004. In
addition, Section 182(a)(3)(B) requires
that the SIP include requirements that
owner and operators of the sources
emitting ozone precursors must submit
annual statements of their emissions.
This action addresses both of these
requirements for the Missouri portion of
the St. Louis 8-hour ozone
nonattainment area.
EPA’s Emissions Inventory Guidance
for Implementation of Ozone and
Particulate Matter National Ambient Air
Quality Standards (NAAQS) and
Regional Haze Regulations (EPA–454/
R–05–001, August 2005) was used as the
basis for the development of the base
year inventory submittal. MDNR chose
2002 as the base year for the St. Louis
8-hour ozone nonattainment area
emissions inventory as recommended
by the November 18, 2002, EPA
memorandum 2002 Base Year Inventory
SIP Planning: 8-Hour Ozone, PM2.5 and
Regional Haze Programs. The inventory
addresses actual annual and actual
ozone season day (OSD) emissions of
volatile organic compounds (VOCs),
nitrogen oxides (NOX) and carbon
monoxide (CO) from stationary point
and area sources, onroad and nonroad
mobile sources, and biogenic sources
within the Missouri portion of the St.
Louis ozone nonattaiment area in
accordance with the EPA’s emission
inventory guidance referenced above.
The MDNR defined OSD emissions as
those occurring during a typical
weekday during the high ozone season,
which takes place from June through
August. This definition is consistent
with the Consolidated Emissions
Reporting Rule (CERR) where ozone
daily emissions are defined as summer
work weekday emissions. In addition,
this period correlates to the 8-hour
ozone NAAQS exceedences that
occurred in 2002 and with the modeling
episodes used in the attainment
demonstration, which is currently under
development by the state. The entire
ozone season is from April–October.
Emissions for Missouri’s portion of
the St. Louis 8-hour ozone
nonattainment area for the 2002 base
year inventory are summarized in Table
1.
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Federal Register / Vol. 72, No. 104 / Thursday, May 31, 2007 / Rules and Regulations
TABLE 1.—2002 BASE YEAR EMISSIONS SUMMARY BY SOURCE CATEGORY TYPE
VOC
tons/yr
Source type
VOC
tons/OSD
NOX
tons/yr
NOX
tons/OSD
CO
tons/yr
CO
tons/OSD
Point .....................................................................
Area ......................................................................
Offroad Mobile .....................................................
Onroad Mobile .....................................................
10,868.4
28,947.0
13,881.3
25,973.0
29.0
73.3
45.3
68.2
44,018.3
10,014.2
19,329.0
60,311.7
126.8
19.1
60.2
159.0
9,207.0
20,976.8
188,365.9
399,726.4
26.4
30.6
642.6
863.5
Anthropogenic Totals ....................................
79,669.7
215.7
133,673.2
365.1
618,276.1
1,563.2
Biogenics ..............................................................
56,878.50
385.8
886.5
3.5
4,813.60
28.7
Total (All) ......................................................
136,548.20
601.5
134,559.70
368.60
623,089.70
1,591.90
Missouri’s obligation under Section
182(a)(3)(B) of the CAA, which requires
that all states with ozone nonattainment
areas collect emission statements of the
actual VOC and NOX emissions from the
owner or operators of each stationary
source in the nonattainment area, was
met by MDNR with its adoption of a
revision to the Missouri SIP (rule 10
CSR 10–6.110), submitted to EPA on
March 31, 1994, that demonstrated
compliance with this requirement for
the 1-hour ozone standard. Rule 10 CSR
10–6.110 was approved into the SIP on
February 29, 1996 (61 FR 7714), and
was effective on April 1, 1996. EPA’s
rationale for approving this rule can be
found in the April 3, 1995, proposed
rule (60 FR 16827). This rule requires
sources that emit NOX, VOC and CO
equal or greater to 10 tons per year to
submit emissions statements of their
actual emissions to the state of Missouri.
EPA has reviewed Missouri’s rule and
agrees that it is adequate for purposes of
the emissions statement requirement for
the 8-hour ozone NAAQS.
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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
above and in more detail in the
technical support document which is
part of this document, the revision
meets the substantive SIP requirements
of the CAA, including section 110 and
implementing regulations.
What action is EPA taking?
We are approving the request to
amend Missouri’s SIP to include the
base year inventory for the Missouri
portion of the St. Louis 8-hour ozone
nonattainment area. We are processing
this action as a direct final action
because the revisions make routine
changes to the existing rules which are
noncontroversial. Therefore, we do not
VerDate Aug<31>2005
14:52 May 30, 2007
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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
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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 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
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cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by July 30, 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: May 14, 2007
John B. Askew,
Regional Administrator, Region 7.
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(e) the table is amended
by adding an entry in numerical order
to read as follows:
I
§ 52.1320
*
Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
I
Identification of Plan.
*
*
(e) * * *
*
*
EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS
Name of nonregulatory SIP provision
Applicable geographic or
nonattainment area
*
*
*
(52) Submittal of the 2002 Base Year Inventory for
the Missouri Portion of the St. Louis 8-hour ozone
nonattaiment area and Emissions Statement SIP.
*
St. Louis ...........................
[FR Doc. E7–10231 Filed 5–30–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2007–0124; FRL–8320–3]
Approval and Promulgation of
Implementation Plans; State of Iowa
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
cprice-sewell on PRODPC61 with RULES
AGENCY:
SUMMARY: EPA is approving a State
Implementation Plan (SIP) for the
purpose of revising the general emission
rate for particulate matter.
DATES: This direct final rule will be
effective July 30, 2007, without further
notice, unless EPA receives adverse
comment by July 2, 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–2007–0124, by one of the
following methods:
1. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
2. E-mail: Hamilton.heather@epa.gov.
VerDate Aug<31>2005
14:52 May 30, 2007
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State submittal date
*
06/15/06
3. Mail: Heather Hamilton,
Environmental Protection Agency, Air
Planning and Development Branch, 901
North 5th Street, Kansas City, Kansas
66101.
4. Hand Delivery or Courier. Deliver
your comments to Heather Hamilton,
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–2007–
0124. 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 website 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
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EPA approval date
*
05/31/07 [insert FR page
number where the document begins].
Explanation
*
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.
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]]>Agencies
[Federal Register Volume 72, Number 104 (Thursday, May 31, 2007)]
[Rules and Regulations]
[Pages 30272-30275]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10231]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2007-0383; FRL-8318-8]
Approval and Promulgation of Implementation Plans; State of
Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a request to amend the Missouri State
Implementation Plan (SIP) to include the base year inventory for the
Missouri portion of the St. Louis 8-hour ozone national ambient air
quality standard (NAAQS) nonattainment area and a demonstration of
Missouri's emissions statement authority. The Missouri portion of the
St. Louis nonattainment area consists of the City of St. Louis and
Franklin, Jefferson, St. Charles and St. Louis Counties. The
nonattainment area also includes four counties in Illinois. This
amendment would fulfill Missouri's obligation, as a moderate
nonattainment area, to submit a base year inventory for the 8-hour
ozone NAAQS and to demonstrate adequate authority to address the
emissions statement requirement as required under Section 182(a)(1) and
Section 182(a)(3)(B) of the Clean Air Act, respectively.
DATES: This direct final rule will be effective July 30, 2007, without
further notice, unless EPA receives adverse comment by July 2, 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-2007-0383, by one of the following methods:
1. https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
2. E-mail: rios.shelly@epa.gov.
3. Mail: Shelly Rios-LaLuz, Environmental Protection Agency, Air
Planning and Development Branch, 901 North 5th Street, Kansas City,
Kansas 66101.
4. Hand Delivery or Courier. Deliver your comments to Shelly Rios-
LaLuz, 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-
2007-0383. 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
[[Page 30273]]
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: Shelly Rios-LaLuz at (913) 551-7296,
or by e-mail at rios.shelly@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 is being addressed in this document?
Have the requirements for approval of a SIP revision been met?
What action is EPA taking?
What is a SIP?
Section 110 of the Clean Air Act (CAA) requires states to develop
air pollution regulations and control strategies to ensure that state
air quality meets the national ambient air quality standards
established by EPA. These ambient standards are established under
section 109 of the CAA, and they currently address six criteria
pollutants. These pollutants are: Carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and sulfur dioxide.
Each state must submit these regulations and control strategies to
us for approval and incorporation into the Federally-enforceable SIP.
Each Federally-approved SIP protects air quality primarily by
addressing air pollution at its point of origin. These SIPs can be
extensive, containing state regulations or other enforceable documents
and supporting information such as emission inventories, monitoring
networks, and modeling demonstrations.
What is the Federal approval process for a SIP?
In order for state regulations to be incorporated into the
Federally-enforceable SIP, states must formally adopt the regulations
and control strategies consistent with state and Federal requirements.
This process generally includes a public notice, public hearing, public
comment period, and a formal adoption by a state-authorized rulemaking
body.
Once a state rule, regulation, or control strategy is adopted, the
state submits it to us for inclusion into the SIP. We must provide
public notice and seek additional public comment regarding the proposed
Federal action on the state submission. If adverse comments are
received, they must be addressed prior to any final Federal action by
us.
All state regulations and supporting information approved by EPA
under section 110 of the CAA are incorporated into the Federally-
approved SIP. Records of such SIP actions are maintained in the Code of
Federal Regulations (CFR) at title 40, part 52, entitled ``Approval and
Promulgation of Implementation Plans.'' The actual state regulations
which are approved are not reproduced in their entirety in the CFR
outright but are ``incorporated by reference,'' which means that we
have approved a given state regulation with a specific effective date.
What is being addressed in this document?
On June 15, 2006, we received a request from the Missouri
Department of Natural Resources (MDNR) to amend its SIP to include the
2002 Base Year Emissions Inventory for the Missouri Portion of the St.
Louis 8-Hour Ozone Nonattainment Area. The Missouri portion of the St.
Louis nonattainment area consists of the City of St. Louis and
Franklin, Jefferson, St. Charles and St. Louis Counties. The St. Louis
area was designated a moderate nonattainment area for the 8-hour ozone
national ambient air quality standard (NAAQS) on April 15, 2004. This
designation became effective on June 15, 2004. Moderate nonattainment
areas must comply with requirements under the CAA Section 182(b), which
states, in part, that moderate nonattainment areas shall make
submissions that are required under subsection (a) relating to marginal
areas. Section 182(a)(1) states that areas subject to Section 182(a)
must submit a comprehensive, accurate, current inventory of actual
emissions from all sources in accordance with EPA guidance. Such plans
must be submitted within two years after the initial designation of
June 15, 2004. In addition, Section 182(a)(3)(B) requires that the SIP
include requirements that owner and operators of the sources emitting
ozone precursors must submit annual statements of their emissions. This
action addresses both of these requirements for the Missouri portion of
the St. Louis 8-hour ozone nonattainment area.
EPA's Emissions Inventory Guidance for Implementation of Ozone and
Particulate Matter National Ambient Air Quality Standards (NAAQS) and
Regional Haze Regulations (EPA-454/R-05-001, August 2005) was used as
the basis for the development of the base year inventory submittal.
MDNR chose 2002 as the base year for the St. Louis 8-hour ozone
nonattainment area emissions inventory as recommended by the November
18, 2002, EPA memorandum 2002 Base Year Inventory SIP Planning: 8-Hour
Ozone, PM2.5 and Regional Haze Programs. The inventory
addresses actual annual and actual ozone season day (OSD) emissions of
volatile organic compounds (VOCs), nitrogen oxides (NOX) and
carbon monoxide (CO) from stationary point and area sources, onroad and
nonroad mobile sources, and biogenic sources within the Missouri
portion of the St. Louis ozone nonattaiment area in accordance with the
EPA's emission inventory guidance referenced above. The MDNR defined
OSD emissions as those occurring during a typical weekday during the
high ozone season, which takes place from June through August. This
definition is consistent with the Consolidated Emissions Reporting Rule
(CERR) where ozone daily emissions are defined as summer work weekday
emissions. In addition, this period correlates to the 8-hour ozone
NAAQS exceedences that occurred in 2002 and with the modeling episodes
used in the attainment demonstration, which is currently under
development by the state. The entire ozone season is from April-
October.
Emissions for Missouri's portion of the St. Louis 8-hour ozone
nonattainment area for the 2002 base year inventory are summarized in
Table 1.
[[Page 30274]]
Table 1.--2002 Base Year Emissions Summary by Source Category Type
----------------------------------------------------------------------------------------------------------------
Source type VOC tons/yr VOC tons/OSD NOX tons/yr NOX tons/OSD CO tons/yr CO tons/OSD
----------------------------------------------------------------------------------------------------------------
Point....................... 10,868.4 29.0 44,018.3 126.8 9,207.0 26.4
Area........................ 28,947.0 73.3 10,014.2 19.1 20,976.8 30.6
Offroad Mobile.............. 13,881.3 45.3 19,329.0 60.2 188,365.9 642.6
Onroad Mobile............... 25,973.0 68.2 60,311.7 159.0 399,726.4 863.5
-----------------------------------------------------------------------------------
Anthropogenic Totals.... 79,669.7 215.7 133,673.2 365.1 618,276.1 1,563.2
----------------------------------------------------------------------------------------------------------------
Biogenics................... 56,878.50 385.8 886.5 3.5 4,813.60 28.7
-----------------------------------------------------------------------------------
Total (All)............. 136,548.20 601.5 134,559.70 368.60 623,089.70 1,591.90
----------------------------------------------------------------------------------------------------------------
Missouri's obligation under Section 182(a)(3)(B) of the CAA, which
requires that all states with ozone nonattainment areas collect
emission statements of the actual VOC and NOX emissions from
the owner or operators of each stationary source in the nonattainment
area, was met by MDNR with its adoption of a revision to the Missouri
SIP (rule 10 CSR 10-6.110), submitted to EPA on March 31, 1994, that
demonstrated compliance with this requirement for the 1-hour ozone
standard. Rule 10 CSR 10-6.110 was approved into the SIP on February
29, 1996 (61 FR 7714), and was effective on April 1, 1996. EPA's
rationale for approving this rule can be found in the April 3, 1995,
proposed rule (60 FR 16827). This rule requires sources that emit
NOX, VOC and CO equal or greater to 10 tons per year to
submit emissions statements of their actual emissions to the state of
Missouri. EPA has reviewed Missouri's rule and agrees that it is
adequate for purposes of the emissions statement requirement for the 8-
hour ozone NAAQS.
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 document, the revision meets the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations.
What action is EPA taking?
We are approving the request to amend Missouri's SIP to include the
base year inventory for the Missouri portion of the St. Louis 8-hour
ozone nonattainment area. We are processing this action as a direct
final action because the revisions make routine changes to the existing
rules 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 approves a state rule implementing a
Federal standard.
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
[[Page 30275]]
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 30, 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: May 14, 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(e) the table is amended by adding an entry in
numerical order to read as follows:
Sec. 52.1320 Identification of Plan.
* * * * *
(e) * * *
EPA-Approved Missouri Nonregulatory SIP Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of nonregulatory SIP geographic or submittal EPA approval date Explanation
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(52) Submittal of the 2002 Base St. Louis.......... 06/15/06 05/31/07 [insert FR
Year Inventory for the Missouri page number where
Portion of the St. Louis 8-hour the document
ozone nonattaiment area and begins].
Emissions Statement SIP.
----------------------------------------------------------------------------------------------------------------
[FR Doc. E7-10231 Filed 5-30-07; 8:45 am]
BILLING CODE 6560-50-P
