Approval and Promulgation of Implementation Plans; State of Missouri, 35071-35074 [E8-13838]
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Federal Register / Vol. 73, No. 120 / Friday, June 20, 2008 / Rules and Regulations
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(A) State the specific goals and
objectives of the student internship
program (for each phase or component,
if applicable);
(B) Detail the knowledge, skills, or
techniques to be imparted to the student
intern (for each phase or component, if
applicable); and
(C) Describe the methods of
performance evaluation and the
frequency of supervision (for each phase
or component, if applicable).
(8) Program exclusions. A sponsor
designated by the Department to
administer a student internship program
must:
(i) Not place a student intern in an
unskilled or casual labor position, in a
position that requires or involves child
care or elder care, a position in the field
of aviation, or, in clinical positions or
engaging in any other kind of work that
involves patient care or contact,
including any work that would require
student interns to provide therapy,
medication, or other clinical or medical
care (e.g., sports or physical therapy,
psychological counseling, nursing,
dentistry, veterinary medicine, social
work, speech therapy, or early
childhood education);
(ii) Not place a student intern in a
position, occupation, or business that
could bring the Exchange Visitor
Program or the Department into
notoriety or disrepute;
(iii) Not engage or otherwise
cooperate or contract with a staffing/
employment agency to recruit, screen,
orient, place, evaluate, or train student
interns, or in any other way involve
such agencies in an Exchange Visitor
Program student internship program;
(iv) Ensure that the duties of a student
intern as outlined in the T/IPP will not
involve more than 20 per cent clerical
work, and that all tasks assigned to a
student intern are necessary for the
completion of the student internship
program; and
(v) Ensure that all ‘‘Hospitality and
Tourism’’ student internship programs
of six months or longer contain at least
three departmental or functional
rotations.
Dated: June 7, 2008.
Stanley S. Colvin,
Director, Office of Exchange Coordination
and Designation, Bureau of Educational and
Cultural Affairs, Department of State.
[FR Doc. E8–13799 Filed 6–19–08; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 35
State and Local Assistance
CFR Correction
In title 40 of the Code of Federal
Regulations, parts 1 to 49, revised as of
July 1, 2007, on page 540, in § 35.939,
in paragraph (g)(2)(ii), remove the
remainder of the paragraph following
‘‘in good faith.’’, and reinstate
paragraphs (h) through (l) to read as
follows:
§ 35.939
Protests.
*
*
*
*
*
(h) Deferral of procurement action.
Upon receipt of a protest under
paragraph (d) of this section, the grantee
must defer the protested procurement
action (for example, defer the issuance
of solicitations, contract award, or
issuance of notice to proceed under a
contract) until 10 days after delivery of
its determination to the participating
parties. (The grantee may receive or
open bids at it own risk, if it considers
this to be in its best interest; and see
§ 35.938–4(h)(5).) Where the Regional
Administrator has received a written
protest under paragraph (e) of this
section, he must notify the grantee
promptly to defer its protested
procurement action until notified of the
formal or informal resolution of the
protest.
(i) Enforcement. (1) Noncompliance
with the procurement provisions of this
subchapter by the grantee shall be cause
for enforcement action in accordance
with one or more of the provisions of
§ 35.965 of this subpart.
(2) If the Regional Administrator
determines that a protest prosecuted
pursuant to this section is frivolous, he
may determine the party which
prosecuted such protest to be
nonresponsible and ineligible for future
contract award (see also paragraph (k) of
this section).
(j) Limitation. A protest may not be
filed under this section with respect to
the following:
(1) Issues not arising under the
procurement provisions of this
subchapter; or
(2) Issues relating to the selection of
a consulting engineer, provided that a
protest may be filed only with respect
to the mandatory procedural
requirements of §§ 35.937 through
35.937–9;
(3) Issues primarily determined by
State or local law or ordinances and as
to which the Regional Administrator,
upon review, determines that there is no
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35071
contravening Federal requirement and
that the grantee’s action has a rational
basis (see paragraph (e)(4) of this
section).
(4) Provisions of Federal regulations
applicable to direct Federal contracts,
unless such provisions are explicitly
referred to or incorporated in this
subpart;
(5) Basic project design
determinations (for example, the
selection of incineration versus other
methods of disposal of sludge);
(6) Award of subcontracts or issuance
of purchase orders under a formally
advertised, competitively bid, lumpsum construction contract. However,
protest may be made with respect to
alleged violation of the following:
(i) Specification requirements of
§ 35.936–13; or
(ii) Provisions of this subpart
applicable to the procurement
procedures, negotiation or award of
subcontracts or issuance of purchase
orders under §§ 35.937–12 (subcontracts
under subagreements for architectural or
engineering services) or § 35.938–9
(subcontracts under construction
contracts).
(k) Summary disposition. The
Regional Administrator may summarily
dismiss a protest, without proceedings
under paragraph (d) or (e) of this
section, if he determines that the protest
is untimely, frivolous or without
merit—for example, that the protested
action of the grantee primarily involves
issues of State or local law. Any such
determination shall refer briefly to the
facts substantiating the basis for the
determination.
(l) Index. The EPA General Counsel
will publish periodically as a notice
document in the Federal Register an
index of Regional Administrator protest
determinations. (See, e.g., 43 FR 29085,
July 5, 1978.)
[FR Doc. E8–14037 Filed 6–19–08; 8:45 am]
BILLING CODE 1505–01–D
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2008–0342; FRL–8581–7]
Approval and Promulgation of
Implementation Plans; State of
Missouri
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is taking direct final
action to approve Missouri’s request to
revise the State Implementation Plan
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35072
Federal Register / Vol. 73, No. 120 / Friday, June 20, 2008 / Rules and Regulations
(SIP). This approval will revise the SIP
to include changes to the sulfur dioxide
(SO2) emissions rates and averaging
times for Kansas City Power & Light’s
Hawthorn Plant and Montrose Station in
the rule, Restriction of Emission of
Sulfur Compounds. Previous changes to
this rule were disapproved in 2006
because EPA was concerned that the
averaging times for the rates at these
units had been dramatically increased
from a 3-hour average to an annual
average, and that the revised averaging
times were not demonstrated by the
state to be protective of the short-term
(3- and 24-hour) SO2 National Ambient
Air Quality Standard (NAAQS). EPA
believes that the recent changes, which
EPA is now approving, have been
shown by Missouri to be protective of
the short-term SO2 NAAQS. This
revision will ensure consistency
between the state and the Federallyapproved rules.
DATES: This direct final rule will be
effective August 19, 2008, without
further notice, unless EPA receives
adverse comment by July 21, 2008. 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–2008–0342, by one of the
following methods:
1. https://www.regulations.gov. Follow
the on-line 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.
4. 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–2008–
0342. 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://
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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 docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Air Planning and Development Branch,
901 North 5th Street, Kansas City,
Kansas 66101. The Regional Office’s
official hours of business are Monday
through Friday, 8 to 4:30 excluding
Federal holidays. The interested persons
wanting to examine these documents
should make an appointment with the
office at least 24 hours in advance.
FOR FURTHER INFORMATION CONTACT:
Amy Algoe-Eakin at (913) 551–7942 or
by e-mail at algoe-eakin.amy@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This section provides additional
information by addressing the following
questions:
What is a SIP?
What is the Federal approval process for a
SIP?
What does Federal approval of a state
regulation mean to me?
What is the background of this action?
What is being addressed in this document?
Have the requirements for approval of a SIP
revision been met?
What action is EPA taking?
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What is a SIP?
Section 110 of the Clean Air Act
(CAA) requires states to develop air
pollution regulations and control
strategies to ensure that state air quality
meets the national ambient air quality
standards established by EPA. These
ambient standards are established under
section 109 of the CAA, and they
currently address six criteria pollutants.
These pollutants are: carbon monoxide,
nitrogen dioxide, ozone, lead,
particulate matter, and sulfur dioxide.
Each state must submit these
regulations and control strategies to us
for approval and incorporation into the
Federally-enforceable SIP.
Each federally-approved SIP protects
air quality primarily by addressing air
pollution at its point of origin. These
SIPs can be extensive, containing state
regulations or other enforceable
documents and supporting information
such as emission inventories,
monitoring networks, and modeling
demonstrations.
What is the Federal approval process
for a SIP?
In order for state regulations to be
incorporated into the Federallyenforceable SIP, states must formally
adopt the regulations and control
strategies consistent with state and
Federal requirements. This process
generally includes a public notice,
public hearing, public comment period,
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
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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 background of this action?
In 2006, EPA disapproved Missouri’s
request to amend the SIP to include
revisions to the Restriction of Emission
of Sulfur Compounds rule relating to a
change in emissions rates and averaging
times for the Kansas City Power & Light
(KCP&L) Hawthorn Plant and Montrose
Station. EPA was concerned that,
although the emissions rates were
decreased, the averaging times for the
rates at these units had been
dramatically increased from a 3-hour
average to an annual average and that
the state had not shown that the revised
averaging times were protective of the
short-term SO2 NAAQS. (See, 71 FR
12623, March 13, 2006.)
Since 2006, the Missouri Department
of Natural Resources has revised Table
1 in the Restriction of Emission of
Sulfur Compounds rule to change the
averaging times for the emissions rates
at the Hawthorn Plant and Montrose
Station. For the Hawthorn Plant, Table
1 reflects the averaging time and
emission rate consistent with the
Prevention of Significant Deterioration
(PSD) permit issued for Unit 5A in 1999.
This emissions limit had been
determined to be adequate to protect the
SO2 NAAQS. For the Montrose Station
unit, modeling (using the AERMOD
model) was conducted to determine an
emission rate which would be
protective of the short term SO2
NAAQS. Modeling results indicate that
the emission rate should not exceed 3.9
lbs/MMBTU, on a 24-hour average, in
order to avoid exceeding the 3-hour and
24-hour SO2 NAAQS. The state has
adequately demonstrated that this
emissions limit for the Montrose Station
is protective of the NAAQS.
dwashington3 on PRODPC61 with RULES
What is being addressed in this
document?
EPA is approving a revision to
Missouri’s SIP to include revisions to
Table 1 of Missouri rule, 10 CSR 10–
6.260 Restriction of Emission of Sulfur
Compounds. Missouri has demonstrated
that the revisions in Table 1 for KCP&L’s
Hawthorn Plant and for KCP&L’s
Montrose Station are protective of the 3hour and 24-hour SO2 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, the revision
meets the substantive SIP requirements
of the CAA, including section 110 and
implementing regulations.
What action is EPA taking?
EPA is taking final action to approve
Missouri’s request to revise the SIP as
submitted on March 28, 2008. 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 the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the CAA. Accordingly,
this action merely approves state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• 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);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
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35073
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
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 action 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 August 19, 2008. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action 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,
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Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
1. The authority citation for part 52
continues to read as follows:
I
§ 52.1320
*
Authority: 42 U.S.C. 7401 et seq.
Dated: June 9, 2008.
John B. Askew,
Regional Administrator, Region 7.
I
revising the entry for 10–6.260 to read
as follows:
PART 52—[AMENDED]
Subpart AA—Missouri
Identification of plan.
*
*
(c) * * *
*
*
2. In § 52.1320 the table in paragraph
(c) is amended under Chapter 6 by
I
40 CFR part 52 is amended as follows:
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
*
*
*
10–6.260 ......................................
*
*
*
*
*
*
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2008–0392; FRL–8581–9]
Approval and Promulgation of
Implementation Plans; State of
Missouri
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
dwashington3 on PRODPC61 with RULES
AGENCY:
SUMMARY: EPA is approving a State
Implementation Plan (SIP) revision
submitted by the state of Missouri to
amend the Missouri SIP to include
revisions to the Kansas City Solvent
Metal Cleaning rule. The revisions to
this rule include consolidating
exemptions in the applicability section,
adding new exemptions, adding
definitions of new and previously
undefined terms, and clarifying rule
language regarding operating procedure
requirements for spray gun cleaners and
air-tight and airless cleaning systems.
This revision will ensure consistency
between the state and the Federallyapproved rules.
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*
6/20/08 [insert FR page
number where the document begins].
*
This direct final rule will be
effective August 19, 2008, without
further notice, unless EPA receives
adverse comment by July 21, 2008. 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–2008–0392, by one of the
following methods:
1. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
2. E-mail: algoe-eakin.amy@epa.gov.
3. Mail or Hand Delivery: Amy AlgoeEakin, 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–2008–
0392. 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://
DATES:
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*
[FR Doc. E8–13838 Filed 6–19–08; 8:45 am]
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*
Restriction of Emission of Sulfur
Compounds.
*
*
*
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*
*
Section (3)(B) is not SIP
approved.
*
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.
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]]>Agencies
[Federal Register Volume 73, Number 120 (Friday, June 20, 2008)]
[Rules and Regulations]
[Pages 35071-35074]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13838]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2008-0342; FRL-8581-7]
Approval and Promulgation of Implementation Plans; State of
Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve Missouri's
request to revise the State Implementation Plan
[[Page 35072]]
(SIP). This approval will revise the SIP to include changes to the
sulfur dioxide (SO2) emissions rates and averaging times for Kansas
City Power & Light's Hawthorn Plant and Montrose Station in the rule,
Restriction of Emission of Sulfur Compounds. Previous changes to this
rule were disapproved in 2006 because EPA was concerned that the
averaging times for the rates at these units had been dramatically
increased from a 3-hour average to an annual average, and that the
revised averaging times were not demonstrated by the state to be
protective of the short-term (3- and 24-hour) SO2 National Ambient Air
Quality Standard (NAAQS). EPA believes that the recent changes, which
EPA is now approving, have been shown by Missouri to be protective of
the short-term SO2 NAAQS. This revision will ensure consistency between
the state and the Federally-approved rules.
DATES: This direct final rule will be effective August 19, 2008,
without further notice, unless EPA receives adverse comment by July 21,
2008. 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-2008-0342, by one of the following methods:
1. https://www.regulations.gov. Follow the on-line 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.
4. 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-
2008-0342. 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 docket are listed in the https://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in https://
www.regulations.gov or in hard copy at the Environmental Protection
Agency, Air Planning and Development Branch, 901 North 5th Street,
Kansas City, Kansas 66101. The Regional Office's official hours of
business are Monday through Friday, 8 to 4:30 excluding Federal
holidays. The interested persons wanting to examine these documents
should make an appointment with the office at least 24 hours in
advance.
FOR FURTHER INFORMATION CONTACT: Amy Algoe-Eakin at (913) 551-7942 or
by e-mail at algoe-eakin.amy@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This section provides
additional information by addressing the following questions:
What is a SIP?
What is the Federal approval process for a SIP?
What does Federal approval of a state regulation mean to me?
What is the background of this action?
What is being addressed in this document?
Have the requirements for approval of a SIP revision been met?
What action is EPA taking?
What is a SIP?
Section 110 of the Clean Air Act (CAA) requires states to develop
air pollution regulations and control strategies to ensure that state
air quality meets the national ambient air quality standards
established by EPA. These ambient standards are established under
section 109 of the CAA, and they currently address six criteria
pollutants. These pollutants are: carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and sulfur dioxide.
Each state must submit these regulations and control strategies to
us for approval and incorporation into the Federally-enforceable SIP.
Each federally-approved SIP protects air quality primarily by
addressing air pollution at its point of origin. These SIPs can be
extensive, containing state regulations or other enforceable documents
and supporting information such as emission inventories, monitoring
networks, and modeling demonstrations.
What is the Federal approval process for a SIP?
In order for state regulations to be incorporated into the
Federally-enforceable SIP, states must formally adopt the regulations
and control strategies consistent with state and Federal requirements.
This process generally includes a public notice, public hearing, public
comment period, and a formal adoption by a state-authorized rulemaking
body.
Once a state rule, regulation, or control strategy is adopted, the
state submits it to us for inclusion into the SIP. We must provide
public notice and seek additional public comment regarding the proposed
Federal action on the state submission. If adverse comments are
received, they must be addressed prior to any final Federal action by
us.
All state regulations and supporting information approved by EPA
under section 110 of the CAA are incorporated into the Federally-
approved SIP. Records of such SIP actions are maintained in the Code of
Federal Regulations (CFR) at title 40, part 52, entitled ``Approval and
Promulgation of Implementation Plans.'' The actual state regulations
which are approved are not reproduced in their entirety in the CFR
outright but are ``incorporated by reference,'' which means that we
have approved a given state regulation with a specific effective date.
What does Federal approval of a state regulation mean to me?
Enforcement of the state regulation before and after it is
incorporated into
[[Page 35073]]
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 background of this action?
In 2006, EPA disapproved Missouri's request to amend the SIP to
include revisions to the Restriction of Emission of Sulfur Compounds
rule relating to a change in emissions rates and averaging times for
the Kansas City Power & Light (KCP&L) Hawthorn Plant and Montrose
Station. EPA was concerned that, although the emissions rates were
decreased, the averaging times for the rates at these units had been
dramatically increased from a 3-hour average to an annual average and
that the state had not shown that the revised averaging times were
protective of the short-term SO2 NAAQS. (See, 71 FR 12623,
March 13, 2006.)
Since 2006, the Missouri Department of Natural Resources has
revised Table 1 in the Restriction of Emission of Sulfur Compounds rule
to change the averaging times for the emissions rates at the Hawthorn
Plant and Montrose Station. For the Hawthorn Plant, Table 1 reflects
the averaging time and emission rate consistent with the Prevention of
Significant Deterioration (PSD) permit issued for Unit 5A in 1999. This
emissions limit had been determined to be adequate to protect the
SO2 NAAQS. For the Montrose Station unit, modeling (using
the AERMOD model) was conducted to determine an emission rate which
would be protective of the short term SO2 NAAQS. Modeling
results indicate that the emission rate should not exceed 3.9 lbs/
MMBTU, on a 24-hour average, in order to avoid exceeding the 3-hour and
24-hour SO2 NAAQS. The state has adequately demonstrated
that this emissions limit for the Montrose Station is protective of the
NAAQS.
What is being addressed in this document?
EPA is approving a revision to Missouri's SIP to include revisions
to Table 1 of Missouri rule, 10 CSR 10-6.260 Restriction of Emission of
Sulfur Compounds. Missouri has demonstrated that the revisions in Table
1 for KCP&L's Hawthorn Plant and for KCP&L's Montrose Station are
protective of the 3-hour and 24-hour SO2 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, the revision meets the substantive SIP requirements of the
CAA, including section 110 and implementing regulations.
What action is EPA taking?
EPA is taking final action to approve Missouri's request to revise
the SIP as submitted on March 28, 2008. 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 the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the CAA and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. Accordingly,
this action merely approves state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
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 action 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 August 19, 2008. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action 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,
[[Page 35074]]
Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: June 9, 2008.
John B. Askew,
Regional Administrator, Region 7.
0
40 CFR part 52 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 the table in paragraph (c) is amended under Chapter
6 by revising the entry for 10-6.260 to read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Missouri Regulations
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State
Missouri citation Title effective date EPA approval date Explanation
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Missouri Department of Natural Resources
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* * * * * * *
Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of Missouri
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
10-6.260.......................... Restriction of 2/29/08 6/20/08 [insert FR page number where Section (3)(B) is not SIP approved.
Emission of Sulfur the document begins].
Compounds.
* * * * * * *
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* * * * *
[FR Doc. E8-13838 Filed 6-19-08; 8:45 am]
BILLING CODE 6560-50-P
