Approval and Promulgation of Implementation Plans; State of Missouri, 77701-77703 [2011-31919]
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Federal Register / Vol. 76, No. 240 / Wednesday, December 14, 2011 / Rules and Regulations
Subpart X—Special Procedures When
the Board Lacks a Quorum
§ 102.178 Normal operations should
continue.
The policy of the National Labor
Relations Board is that during any
period when the Board lacks a quorum
normal Agency operations should
continue to the greatest extent permitted
by law.
§ 102.179 Motions for default judgment,
summary judgment, or dismissal referred to
Chief Administrative Law Judge.
During any period when the Board
lacks a quorum, all motions for default
judgment, summary judgment, or
dismissal filed or pending pursuant to
§ 102.50 of this part shall be referred to
the Chief Administrative Law Judge in
Washington, DC, for ruling. Such
rulings by the Chief Administrative Law
Judge, and orders in connection
therewith, shall not be appealed directly
to the Board, but shall be considered by
the Board in reviewing the record if
exception to the ruling or order is
included in the statement of exceptions
filed with the Board pursuant to
§ 102.46 of this part.
§ 102.180 Requests for special permission
to appeal referred to Chief Administrative
Law Judge.
During any period when the Board
lacks a quorum, any request for special
permission to appeal filed or pending
pursuant to § 102.26 of this part shall be
referred to the Chief Administrative Law
Judge in Washington, DC, for ruling.
Such rulings by the Chief
Administrative Law Judge, and orders in
connection therewith, shall not be
appealed directly to the Board, but shall
be considered by the Board in reviewing
the record if exception to the ruling or
order is included in the statement of
exceptions filed with the Board
pursuant to § 102.46.
mstockstill on DSK4VPTVN1PROD with RULES
§ 102.181 Administrative and procedural
requests referred to Executive Secretary.
During any period when the Board
lacks a quorum, administrative and
procedural requests that would
normally be filed with the Office of the
Executive Secretary for decision by the
Board prior to the filing of a request for
review under § 102.67 of this part, or
exceptions under §§ 102.46 and 102.69
of this part, shall be referred to the
Executive Secretary for ruling. Such
rulings by the Executive Secretary, and
orders in connection therewith, shall
not be appealed directly to the Board,
but shall be considered by the Board if
such matters are raised by a party in its
request for review or exceptions.
VerDate Mar<15>2010
17:15 Dec 13, 2011
Jkt 226001
Signed in Washington, DC, on December 8,
2011.
Mark Gaston Pearce,
Chairman.
[FR Doc. 2011–32085 Filed 12–13–11; 8:45 am]
BILLING CODE P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52 and Part 70
[EPA–R07–OAR–2011–0822; FRL–9505–8]
Approval and Promulgation of
Implementation Plans; State of
Missouri
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve a revision to the
Missouri State Implementation Plan
(SIP) and Operating Permits Program.
EPA is approving a revision to the
Missouri rule entitled ‘‘Submission of
Emission Data, Emission Fees and
Process Information.’’ These revisions
align the State’s reporting requirements
with the Federal Air Emissions
Reporting Requirements Rule (AERR).
DATES: This direct final rule will be
effective February 13, 2012, without
further notice, unless EPA receives
adverse comment by January 13, 2012.
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–2011–0822, by one of the
following methods:
1. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
2. Email: bhesania.amy@epa.gov.
3. Mail or Hand Delivery: Amy
Bhesania, 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–2011–
0822. 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://
SUMMARY:
PO 00000
Frm 00033
Fmt 4700
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77701
www.regulations.gov or email
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 email comment directly
to EPA without going through https://
www.regulations.gov, your email
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 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 Bhesania at (913) 551–7147, or by
email at bhesania.amy@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to EPA.
Outline
I. What is being addressed in this document?
II. What action is EPA taking?
I. What is being addressed in this
document?
EPA is approving revisions to the
Missouri SIP and Operating Permits
Program submitted to EPA on August
31, 2010. On December 17, 2008, EPA
finalized the Air Emissions Reporting
E:\FR\FM\14DER1.SGM
14DER1
77702
Federal Register / Vol. 76, No. 240 / Wednesday, December 14, 2011 / Rules and Regulations
Requirements Rule (AERR). This rule
outlines EPA’s emission inventory
reporting requirements. In the December
17, 2008 action, EPA consolidated,
reduced and simplified the current
requirements; added limited new
requirements; provided additional
flexibility to the states in the ways they
collect and report emissions data; and
accelerated the reporting of emissions
data to EPA by state and local agencies.
Revisions to the SIP amend 10 CSR 10–
6.110 Submission of Emission Data,
Emission Fees and Process Information
to align the State’s Air Pollution Control
Program reporting requirements with
EPA’s reporting requirements.
Specifically, the State moved the
Emissions Inventory Questionnaire
(EIQ) due date from June 1 to April 1;
codified several long-standing practices
for items such as initial EIQ reporting
periods for partial year operation and
reporting thresholds for required
pollutants; added definitions; and
clarified record keeping and reporting
requirements. The State retained the
emission fee at $40.00 and the fee
payment due date of June 1, but
recodified this section to section (3)(A),
Emissions Fees from Section (3)(D). No
changes are being made to the
Emissions Fees, which is an integral
part of the Title V operating permit
program, but not approved as part of the
SIP. Missouri’s amendments ensure that
their reporting requirements align with
EPA’s AERR. EPA has conducted an
analysis of the State’s amendments and
concluded that these do not adversely
affect the stringency of the SIP.
mstockstill on DSK4VPTVN1PROD with RULES
What action is EPA taking?
EPA is approving the request to
amend the Missouri SIP and operating
permits program by approving the
State’s request to amend 10 CSR 10–
6.110 Submission of Emission Data,
Emission Fees and Process Information
to align the State’s rule with EPA’s
reporting requirements. Approval of
these revisions will ensure consistency
between state and Federally-approved
rules. EPA has determined that these
changes will not relax the SIP or
adversely impact air emissions.
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.
VerDate Mar<15>2010
17:15 Dec 13, 2011
Jkt 226001
Statutory and Executive Order Reviews
Under the Clean Air Act (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.);
• 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.
PO 00000
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Fmt 4700
Sfmt 4700
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 February 13, 2012. 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
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
40 CFR Part 70
Administrative practice and
procedure, Air pollution control,
Intergovernmental relations, Operating
permits, Reporting and recordkeeping
requirements.
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77703
Federal Register / Vol. 76, No. 240 / Wednesday, December 14, 2011 / Rules and Regulations
Dated: November 28, 2011.
Karl Brooks,
Regional Administrator, Region 7.
PART 52—[AMENDED]
Subpart AA—Missouri
1. The authority citation for part 52
continues to read as follows:
■
2. In § 52.1320 the table in paragraph
(c) is amended by revising entry for 10–
6.110 to read as follows:
■
Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
Authority: 42 U.S.C. 7401 et seq.
§ 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 State of
Missouri
*
*
10–6.110 .................................
*
*
*
*
Submission of Emission Data,
Emission Fees, and Process Information.
*
*
*
*
09/30/2010
*
*
*
12/14/2011 [insert FR page
number where the document begins].
*
*
ENVIRONMENTAL PROTECTION
AGENCY
PART 70—[AMENDED]
40 CFR Part 180
3. The authority citation for part 70
continues to read as follows:
■
[EPA–HQ–OPP–2010–0916; FRL–9327–7]
Hexythiazox; Pesticide Tolerances
Authority: 42 U.S.C. 7401, et seq.
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Appendix A—[Amended]
4. Appendix A to part 70 is amended
by revising paragraph (v) under
Missouri to read as follows:
■
*
*
*
*
*
*
*
*
Missouri
*
*
(v) The Missouri Department of Natural
Resources submitted revisions to Missouri
rule 10 CSR 10–6.110, ‘‘Submission of
Emission Data, Emission Fees, and Process
Information’’ on August 31, 2010; approval of
section (3)(A) effective February 13, 2012.
*
*
*
*
*
[FR Doc. 2011–31919 Filed 12–13–11; 8:45 am]
mstockstill on DSK4VPTVN1PROD with RULES
BILLING CODE 6560–50–P
VerDate Mar<15>2010
17:15 Dec 13, 2011
Jkt 226001
This regulation establishes
new tolerances and revises existing
tolerances for residues of hexythiazox in
or on multiple commodities which are
identified and discussed later in this
document. Gowan Company and the
Interregional Research Project Number 4
(IR–4) requested the tolerances under
the Federal Food, Drug, and Cosmetic
Act (FFDCA).
DATES: This regulation is effective
December 14, 2011. Objections and
requests for hearings must be received
on or before February 13, 2012, and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2010–0916. All documents in the
docket are listed in the docket index
available at https://www.regulations.gov.
Although listed in the index, some
SUMMARY:
Appendix A to Part 70—Approval Status of
State and Local Operating Permits Programs
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Frm 00035
Fmt 4700
*
Sfmt 4700
*
Section (3)(A), Emissions
Fees, has not been approved as part of the SIP
*
*
information is not publicly available,
e.g., Confidential Business Information
(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 in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S–
4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The
Docket Facility is open from 8:30 a.m.
to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket
Facility telephone number is (703) 305–
5805.
FOR FURTHER INFORMATION CONTACT: Olga
Odiott, Registration Division (7505P),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; telephone number:
(703) 308–9369; email address:
odiott.olga@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
E:\FR\FM\14DER1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 240 (Wednesday, December 14, 2011)]
[Rules and Regulations]
[Pages 77701-77703]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31919]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52 and Part 70
[EPA-R07-OAR-2011-0822; FRL-9505-8]
Approval and Promulgation of Implementation Plans; State of
Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve a revision to the
Missouri State Implementation Plan (SIP) and Operating Permits Program.
EPA is approving a revision to the Missouri rule entitled ``Submission
of Emission Data, Emission Fees and Process Information.'' These
revisions align the State's reporting requirements with the Federal Air
Emissions Reporting Requirements Rule (AERR).
DATES: This direct final rule will be effective February 13, 2012,
without further notice, unless EPA receives adverse comment by January
13, 2012. 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-2011-0822, by one of the following methods:
1. https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
2. Email: bhesania.amy@epa.gov.
3. Mail or Hand Delivery: Amy Bhesania, 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-
2011-0822. 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 email 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 email comment directly to EPA without
going through https://www.regulations.gov, your email 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 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 Bhesania at (913) 551-7147, or by
email at bhesania.amy@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA.
Outline
I. What is being addressed in this document?
II. What action is EPA taking?
I. What is being addressed in this document?
EPA is approving revisions to the Missouri SIP and Operating
Permits Program submitted to EPA on August 31, 2010. On December 17,
2008, EPA finalized the Air Emissions Reporting
[[Page 77702]]
Requirements Rule (AERR). This rule outlines EPA's emission inventory
reporting requirements. In the December 17, 2008 action, EPA
consolidated, reduced and simplified the current requirements; added
limited new requirements; provided additional flexibility to the states
in the ways they collect and report emissions data; and accelerated the
reporting of emissions data to EPA by state and local agencies.
Revisions to the SIP amend 10 CSR 10-6.110 Submission of Emission Data,
Emission Fees and Process Information to align the State's Air
Pollution Control Program reporting requirements with EPA's reporting
requirements. Specifically, the State moved the Emissions Inventory
Questionnaire (EIQ) due date from June 1 to April 1; codified several
long-standing practices for items such as initial EIQ reporting periods
for partial year operation and reporting thresholds for required
pollutants; added definitions; and clarified record keeping and
reporting requirements. The State retained the emission fee at $40.00
and the fee payment due date of June 1, but recodified this section to
section (3)(A), Emissions Fees from Section (3)(D). No changes are
being made to the Emissions Fees, which is an integral part of the
Title V operating permit program, but not approved as part of the SIP.
Missouri's amendments ensure that their reporting requirements align
with EPA's AERR. EPA has conducted an analysis of the State's
amendments and concluded that these do not adversely affect the
stringency of the SIP.
What action is EPA taking?
EPA is approving the request to amend the Missouri SIP and
operating permits program by approving the State's request to amend 10
CSR 10-6.110 Submission of Emission Data, Emission Fees and Process
Information to align the State's rule with EPA's reporting
requirements. Approval of these revisions will ensure consistency
between state and Federally-approved rules. EPA has determined that
these changes will not relax the SIP or adversely impact air emissions.
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 (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.);
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 February 13, 2012. 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 proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
40 CFR Part 70
Administrative practice and procedure, Air pollution control,
Intergovernmental relations, Operating permits, Reporting and
recordkeeping requirements.
[[Page 77703]]
Dated: November 28, 2011.
Karl Brooks,
Regional Administrator, Region 7.
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 the table in paragraph (c) is amended by revising
entry for 10-6.110 to read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
State
Missouri citation Title effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
10-6.110......................... Submission of 09/30/2010 12/14/2011 [insert Section (3)(A),
Emission Data, FR page number Emissions Fees,
Emission Fees, and where the document has not been
Process begins]. approved as part
Information. of the SIP
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
PART 70--[AMENDED]
0
3. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Appendix A--[Amended]
0
4. Appendix A to part 70 is amended by revising paragraph (v) under
Missouri to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Missouri
* * * * *
(v) The Missouri Department of Natural Resources submitted
revisions to Missouri rule 10 CSR 10-6.110, ``Submission of Emission
Data, Emission Fees, and Process Information'' on August 31, 2010;
approval of section (3)(A) effective February 13, 2012.
* * * * *
[FR Doc. 2011-31919 Filed 12-13-11; 8:45 am]
BILLING CODE 6560-50-P
