Approval and Promulgation of Implementation Plans; State of Missouri, 68689-68692 [E9-30774]
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Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Rules and Regulations
authorization from the Captain of the
Port, or a designated representative,
unless the Captain of the Port
previously announced via Marine Safety
Radio Broadcast on VHF Marine Band
Radio channel 22 (157.1 MHz) that this
regulation will not be enforced in that
portion of the safety zone. The Captain
of the Port can be contacted at telephone
number (252) 247–4570 or by radio on
VHF Marine Band Radio, channels 13
and 16.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the zone by Federal,
State, and local agencies.
(e) Enforcement period. This section
will be enforced daily from 7:30 a.m.
until 11:30 a.m. while girder installation
is in progress throughout the effective
period from 7:30 a.m. December 7, 2009
through 5:30 p.m. January 11, 2010
unless cancelled earlier by the Captain
of the Port. The exact daily times will
be announced in Broadcast Notice to
Mariners.
Dated: December 7, 2009.
J.E. Ryan,
Captain, U.S. Coast Guard, Captain of the
Port North Carolina.
[FR Doc. E9–30718 Filed 12–28–09; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2008–0787; FRL–9096–4]
Approval and Promulgation of
Implementation Plans; State of
Missouri
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AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is approving a revision to
the State Implementation Plan (SIP)
submitted by the state of Missouri. This
revision applies to Missouri’s rule
relating to restriction of emission of
visible air contaminants and removes
redundant definitions, removes an
outdated exemption for incinerators
used to burn refuse in the outstate area,
and clarifies that the test methods stated
in the rule shall be used to determine
the opacity of visible emissions. EPA is
not taking action on the state submitted
revisions relating to open burning, as
these provisions revise a rule that has
not been adopted into the SIP. Approval
of this revision will ensure consistency
between the state and the Federally
approved rules.
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68689
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
ADDRESSES: Submit your comments,
form. Publicly available docket
identified by Docket ID No. EPA–R07–
materials are available either
OAR–2008–0787, by one of the
electronically in https://
following methods:
1. https://www.regulations.gov. Follow www.regulations.gov or in hard copy at
the Environmental Protection Agency,
the on-line instructions for submitting
Air Planning and Development Branch,
comments.
901 North 5th Street, Kansas City,
2. E-mail: kemp.lachala@epa.gov.
3. Mail: Lachala Kemp, Environmental Kansas 66101. The Regional Office’s
official hours of business are Monday
Protection Agency, Air Planning and
through Friday, 8 a.m. to 4:30 p.m.
Development Branch, 901 North 5th
excluding Federal holidays. The
Street, Kansas City, Kansas 66101.
interested persons wanting to examine
4. Hand Delivery or Courier: Deliver
these documents should make an
your comments to Lachala Kemp,
appointment with the office at least 24
Environmental Protection Agency, Air
Planning and Development Branch, 901 hours in advance.
FOR FURTHER INFORMATION CONTACT:
North 5th Street, Kansas City, Kansas
Lachala Kemp at (913) 551–7214, or by
66101.
Instructions: Direct your comments to e-mail at kemp.lachala@epa.gov.
Docket ID No. EPA–R07–OAR–2008–
SUPPLEMENTARY INFORMATION:
0787. EPA’s policy is that all comments Throughout this document ‘‘we,’’ ‘‘us,’’
received will be included in the public
or ‘‘our’’ refer to EPA. This section
docket without change and may be
provides additional information by
made available online at https://
addressing the following questions:
www.regulations.gov, including any
What is a SIP?
personal information provided, unless
What is the Federal approval process for a
the comment includes information
SIP?
What does Federal approval of a state
claimed to be Confidential Business
regulation mean to me?
Information (CBI) or other information
What is being addressed in this document?
whose disclosure is restricted by statute.
Have the requirements for approval of a
Do not submit through https://
SIP revision been met?
www.regulations.gov or e-mail
What action is EPA taking?
information that you consider to be CBI
What is a SIP?
or otherwise protected. The https://
www.regulations.gov Web site is an
Section 110 of the Clean Air Act
‘‘anonymous access’’ system, which
(CAA) requires states to develop air
means EPA will not know your identity pollution regulations and control
or contact information unless you
strategies to ensure that state air quality
provide it in the body of your comment. meets the national ambient air quality
If you send an e-mail comment directly
standards established by EPA. These
to EPA without going through https://
ambient standards are established under
www.regulations.gov, your e-mail
section 109 of the CAA, and they
address will be automatically captured
currently address six criteria pollutants.
and included as part of the comment
These pollutants are: Carbon monoxide,
that is placed in the public docket and
nitrogen dioxide, ozone, lead,
made available on the Internet. If you
particulate matter, and sulfur dioxide.
submit an electronic comment, EPA
Each state must submit these
recommends that you include your
regulations and control strategies to us
name and other contact information in
for approval and incorporation into the
the body of your comment and with any Federally enforceable SIP.
disk or CD–ROM you submit. If EPA
Each Federally approved SIP protects
cannot read your comment due to
air quality primarily by addressing air
technical difficulties and cannot contact pollution at its point of origin. These
you for clarification, EPA may not be
SIPs can be extensive, containing state
able to consider your comment.
regulations or other enforceable
Electronic files should avoid the use of
documents and supporting information
special characters, any form of
such as emission inventories,
encryption, and be free of any defects or monitoring networks, and modeling
viruses.
demonstrations.
DATES: This direct final rule will be
effective March 1, 2010, without further
notice, unless EPA receives adverse
comment by January 28, 2010. 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.
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Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Rules and Regulations
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 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.
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What does Federal approval of a state
regulation mean to me?
Enforcement of the state regulation
before and after it is incorporated into
the Federally-approved SIP is primarily
a state responsibility. However, after the
regulation is Federally approved, we are
authorized to take enforcement action
against violators. Citizens are also
offered legal recourse to address
violations as described in section 304 of
the CAA.
What is being addressed in this
document?
On September 16, 2008, EPA received
a request from the Missouri Department
of Natural Resources to approve
revisions to the SIP amending 10 CSR
10–6.220, ‘‘Restriction of Emission of
Visible Air Contaminants,’’ sections (1)
Applicability, (2) Definitions, (3)
General Provisions, and (4) Test
Methods.
In general, these revisions relate to
provisions of the state rule
incorporating various Federal rules by
reference. The revisions add dates to
clarify the version of the incorporated
Federal rules referenced in the state
rules.
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Subsection (1)(H), in the applicability
section, exempts from the SIP visible
emissions requirements sources which
are subject to the new source
performance standards promulgated by
EPA and incorporated by reference into
the state rule. The subsection is
amended to provide specific references
to the Federal rule (40 CFR part 60,
promulgated as of July 1, 2007).
Subsection (1)(I), in the applicability
section, is not being acted on. This
subsection exempts from the visible
emissions requirements certain
activities exempted from Missouri’s
open burning rule. The open burning
rule, 10 CSR 10–6.045, has not been
submitted by Missouri for approval into
the state’s implementation plan.
Therefore, EPA is not taking action at
this time to approve this revision in the
SIP.
Subsection (1)(J), in the applicability
section, is being removed from the SIP.
This subsection exempted from the rule
incinerators used to burn refuse in the
outstate areas of Missouri. EPA has
determined that elimination of this
exemption strengthens the SIP.
In section 2, ‘‘Definitions,’’ the
definitions of ‘‘opacity’’ and ‘‘outstate
area’’ were removed. These definitions
were either no longer applicable or more
clearly defined in other rules. The
definition of ‘‘six-minute period,’’
applicable to sources using continuous
opacity monitoring data, was revised to
specify the applicable Federal rule (40
CFR part 60, App. B) which is
incorporated by reference in the state
definition.
In General Provisions, (3)(F) was
revised to reflect that all sources subject
to the rule, including those required to
have continuous opacity monitors, are
subject to the testing requirements in
section 5 of 10 CSR 10–6.220.
Missouri’s reference to test method
203A—Visual Determination of Opacity
of Emissions from Stationary Sources
for Time-Averaged Regulations, was
revised in (5)(A)2 to update the
reference to Federal test methods. The
reference to test method 203B—Visual
Determination of Opacity of Emissions
from Stationary Sources for TimeException Regulations, (5)(A)3., was
revised to reference the Federal methods
promulgated as of July 1, 2007.
Subsections (5)(B), ‘‘Emissions from
Mobile Internal Combustion Engines,’’
and (5)(C), ‘‘Fugitive Emissions from
Material Sources, Smoke Emissions
from Flares and as Required by Permit
Condition,’’ were revised to specify that
Missouri is incorporating applicable
EPA test methods promulgated as of
July 1, 2007 (Method 22, 40 CFR part 60,
App. A). EPA has determined that these
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rule updates do not substantively
change the stringency of the SIP.
Have the requirements for approval of
a SIP 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. The
revisions are not substantive changes to
the existing SIP, but merely clarify
existing requirements. Therefore the
revisions continue to meet the
substantive SIP requirements of the
CAA, including section 110.
What action is EPA taking?
We are approving the request to revise
the Missouri SIP (10 CSR 10–6.220) as
described above. We are not acting on
the revision exempting sources which
are exempt from the open burning rule,
as described above. This revision will
ensure consistency between the state
and the Federally-approved rules. We
have determined that these changes will
not relax the SIP or adversely impact air
quality.
We are processing this action as a
direct final action because the revisions
make routine changes to the existing
rules which are noncontroversial, and
they do not contain substantive changes.
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 CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act 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.);
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Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Rules and Regulations
• 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 Clean Air Act;
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 March 1, 2010. 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the final
rulemaking. 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: December 15, 2009.
William Rice,
Acting Regional Administrator, Region 7.
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
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 ‘‘10–6.220’’ to read as follows:
■
§ 52.1320
*
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 Entire
State of Missouri
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*
10–6.220 ...................
*
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Subsection (1)(I) referring to the open
burning rule, 10
CSR 10–6.045, is
not SIP approved.
*
68692
*
*
Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Rules and Regulations
*
*
*
[FR Doc. E9–30774 Filed 12–28–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 70
[EPA–R07–OAR–2008–0895; FRL–9096–6]
Approval and Promulgation of
Implementation Plans and Operating
Permits Program; State of Iowa
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final
action to approve revisions to the Iowa
State Implementation Plan (SIP) and
Iowa Operating Permits Program
submitted by the State on November 18,
2008. The purpose of these revisions is
to update existing air quality rules;
make corrections, clarifications and
improvements; add information with
regard to control of fugitive dust; clarify
the opacity limit for incinerators; update
Prevention of Significant Deterioration
(PSD) permitting requirements; and add
rules for temporary operation of small
generators during periods of disaster.
EPA is approving the SIP provisions
pursuant to section 110 of the CAA.
EPA is approving the state operating
permits revisions pursuant to section
502 of the CAA and implementing
regulations.
DATES: This direct final rule will be
effective March 1, 2010, without further
notice, unless EPA receives adverse
comment by January 28, 2010. If EPA
receives adverse comment, we 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–2008–0895, by one of the
following methods:
1. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
2. E-mail: casburn.tracey@epa.gov.
3. Mail or Hand Delivery: Tracey
Casburn, 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–
0895. 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://
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15:16 Dec 28, 2009
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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,
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 a.m. to 4:30 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:
Tracey Casburn at (913) 551–7016, or by
e-mail at casburn.tracey@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to the EPA.
Table of Contents
I. What is being addressed in this document?
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II. What Part 52 revisions is EPA approving?
A. Definition Changes
B. Construction Permit Exemption for
Temporary Operation of Small
Generators in Disaster Situations
C. Addition of PSD Amendments
D. Addition of PSD Administrative Rule
E. Special Requirements for Major
Stationary Sources Located in Areas
Designated Attainment or Unclassified
F. Changes to Permit Exemption
Requirements for New or Existing
Sources
G. Amendment of Emissions Standards and
Measurement
H. Modification of Notification
Requirements for Portable Plant
Relocations
I. Addition of Vehicle Speed Control as a
Preventative Measure for Fugitive Dust
J. Clarification of Incinerator Provision
K. Cross Reference Connection to the
Construction Permits Rule
III. What Part 70 revisions is EPA approving?
A. Update to Incorporate the Date for EPA
Reference Method
B. Clarification of Title V Permit
Application Provisions
C. Issuance of Multiple Title V Permits
D. Correction of Errors
IV. What revisions is EPA not taking action
on?
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews
I. What is being addressed in this
document?
The State has revised Chapters 20, 21,
22, 23, 25 and 33 of the State air
pollution control rules promulgated by
the State’s Environmental Protection
Commission. EPA is approving the
revisions described below for the
reasons discussed in this document.
II. What Part 52 revisions is EPA
approving?
A. Definition Changes
In Iowa (IA) Rule 567–20.2 and 567–
33.3(1) the mailing addresses of the
‘‘American Society of Mechanical
Engineers,’’ or ASME, and the
‘‘American Society for Testing and
Materials,’’ or ASTM, are being
removed. The ‘‘EPA Reference Method’’
definition is being revised to update the
amended dates of several appendices as
described under 40 CFR part 60
(Appendices A, B, C and F), 40 CFR part
61 (Appendix B), 40 CFR part 63
(Appendix A) and 40 CFR part 75
(Appendix A, B, F and K). The
definition of ‘‘volatile organic
compound’’ was updated to reflect
recent Federal amendments to exclude
the compound HF–7300 from the list of
compounds that contribute to
tropospheric ozone formation. EPA is
approving these revisions as they are
administrative in nature and do not alter
the stringency of the SIP.
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]]>Agencies
[Federal Register Volume 74, Number 248 (Tuesday, December 29, 2009)]
[Rules and Regulations]
[Pages 68689-68692]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30774]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2008-0787; FRL-9096-4]
Approval and Promulgation of Implementation Plans; State of
Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a revision to the State Implementation Plan
(SIP) submitted by the state of Missouri. This revision applies to
Missouri's rule relating to restriction of emission of visible air
contaminants and removes redundant definitions, removes an outdated
exemption for incinerators used to burn refuse in the outstate area,
and clarifies that the test methods stated in the rule shall be used to
determine the opacity of visible emissions. EPA is not taking action on
the state submitted revisions relating to open burning, as these
provisions revise a rule that has not been adopted into the SIP.
Approval of this revision will ensure consistency between the state and
the Federally approved rules.
DATES: This direct final rule will be effective March 1, 2010, without
further notice, unless EPA receives adverse comment by January 28,
2010. 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-2008-0787, by one of the following methods:
1. https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
2. E-mail: kemp.lachala@epa.gov.
3. Mail: Lachala Kemp, 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 Lachala Kemp,
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-
2008-0787. 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 a.m. to 4:30 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: Lachala Kemp at (913) 551-7214, or by
e-mail at kemp.lachala@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA. This section provides additional information by
addressing the following questions:
What is a SIP?
What is the Federal approval process for a SIP?
What does Federal approval of a state regulation mean to me?
What is being addressed in this document?
Have the requirements for approval of a SIP revision been met?
What action is EPA taking?
What is a SIP?
Section 110 of the Clean Air Act (CAA) requires states to develop
air pollution regulations and control strategies to ensure that state
air quality meets the national ambient air quality standards
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.
[[Page 68690]]
What is the Federal approval process for a SIP?
In order for state regulations to be incorporated into the
Federally enforceable SIP, states must formally adopt the regulations
and control strategies consistent with state and Federal requirements.
This process generally includes a public notice, public hearing, public
comment period, and a formal adoption by a state-authorized rulemaking
body.
Once a state rule, regulation, or control strategy is adopted, the
state submits it to us for inclusion into the SIP. We must provide
public notice and seek additional public comment regarding the proposed
Federal action on the state submission. If adverse comments are
received, they must be addressed prior to any final Federal action by
us.
All state regulations and supporting information approved by EPA
under section 110 of the CAA are incorporated into the Federally-
approved SIP. Records of such SIP actions are maintained in the Code of
Federal Regulations (CFR) at title 40, part 52, entitled ``Approval and
Promulgation of Implementation Plans.'' The actual state regulations
which are approved are not reproduced in their entirety in the CFR
outright but are ``incorporated by reference,'' which means that we
have approved a given state regulation with a specific effective date.
What does Federal approval of a state regulation mean to me?
Enforcement of the state regulation before and after it is
incorporated into the Federally-approved SIP is primarily a state
responsibility. However, after the regulation is Federally approved, we
are authorized to take enforcement action against violators. Citizens
are also offered legal recourse to address violations as described in
section 304 of the CAA.
What is being addressed in this document?
On September 16, 2008, EPA received a request from the Missouri
Department of Natural Resources to approve revisions to the SIP
amending 10 CSR 10-6.220, ``Restriction of Emission of Visible Air
Contaminants,'' sections (1) Applicability, (2) Definitions, (3)
General Provisions, and (4) Test Methods.
In general, these revisions relate to provisions of the state rule
incorporating various Federal rules by reference. The revisions add
dates to clarify the version of the incorporated Federal rules
referenced in the state rules.
Subsection (1)(H), in the applicability section, exempts from the
SIP visible emissions requirements sources which are subject to the new
source performance standards promulgated by EPA and incorporated by
reference into the state rule. The subsection is amended to provide
specific references to the Federal rule (40 CFR part 60, promulgated as
of July 1, 2007).
Subsection (1)(I), in the applicability section, is not being acted
on. This subsection exempts from the visible emissions requirements
certain activities exempted from Missouri's open burning rule. The open
burning rule, 10 CSR 10-6.045, has not been submitted by Missouri for
approval into the state's implementation plan. Therefore, EPA is not
taking action at this time to approve this revision in the SIP.
Subsection (1)(J), in the applicability section, is being removed
from the SIP. This subsection exempted from the rule incinerators used
to burn refuse in the outstate areas of Missouri. EPA has determined
that elimination of this exemption strengthens the SIP.
In section 2, ``Definitions,'' the definitions of ``opacity'' and
``outstate area'' were removed. These definitions were either no longer
applicable or more clearly defined in other rules. The definition of
``six-minute period,'' applicable to sources using continuous opacity
monitoring data, was revised to specify the applicable Federal rule (40
CFR part 60, App. B) which is incorporated by reference in the state
definition.
In General Provisions, (3)(F) was revised to reflect that all
sources subject to the rule, including those required to have
continuous opacity monitors, are subject to the testing requirements in
section 5 of 10 CSR 10-6.220.
Missouri's reference to test method 203A--Visual Determination of
Opacity of Emissions from Stationary Sources for Time-Averaged
Regulations, was revised in (5)(A)2 to update the reference to Federal
test methods. The reference to test method 203B--Visual Determination
of Opacity of Emissions from Stationary Sources for Time-Exception
Regulations, (5)(A)3., was revised to reference the Federal methods
promulgated as of July 1, 2007.
Subsections (5)(B), ``Emissions from Mobile Internal Combustion
Engines,'' and (5)(C), ``Fugitive Emissions from Material Sources,
Smoke Emissions from Flares and as Required by Permit Condition,'' were
revised to specify that Missouri is incorporating applicable EPA test
methods promulgated as of July 1, 2007 (Method 22, 40 CFR part 60, App.
A). EPA has determined that these rule updates do not substantively
change the stringency of the SIP.
Have the requirements for approval of a SIP 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. The revisions are not substantive changes to the existing SIP,
but merely clarify existing requirements. Therefore the revisions
continue to meet the substantive SIP requirements of the CAA, including
section 110.
What action is EPA taking?
We are approving the request to revise the Missouri SIP (10 CSR 10-
6.220) as described above. We are not acting on the revision exempting
sources which are exempt from the open burning rule, as described
above. This revision will ensure consistency between the state and the
Federally-approved rules. We have determined that these changes will
not relax the SIP or adversely impact air quality.
We are processing this action as a direct final action because the
revisions make routine changes to the existing rules which are
noncontroversial, and they do not contain substantive changes.
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 CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act 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.);
[[Page 68691]]
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 Clean Air Act; 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 March 1, 2010. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the final
rulemaking. 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: December 15, 2009.
William Rice,
Acting 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(c) the table is amended under Chapter 6 by revising
the entry for ``10-6.220'' 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
Missouri Department of Natural Resources
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* * * * * * *
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Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
10-6.220.......................... Restriction of Emission of 9/30/08 12/29/09 [insert FR page number Subsection (1)(I) referring to the
Visible Air Contaminants. where the document begins]. open burning rule, 10 CSR 10-
6.045, is not SIP approved.
* * * * * * *
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[[Page 68692]]
* * * * *
[FR Doc. E9-30774 Filed 12-28-09; 8:45 am]
BILLING CODE 6560-50-P
