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Federal Register / Vol. 72, No.

88 / Tuesday, May 8, 2007 / Rules and Regulations 25975

receive timely adverse comments, the In reviewing SIP submissions, EPA’s Dated: March 23, 2007.
direct final approval will be effective role is to approve state choices, Laura Yoshii,
without further notice on July 9, 2007. provided that they meet the criteria of Acting Regional Administrator, Region IX.
This will incorporate the rule into the the Clean Air Act. In this context, in the ■ Part 52, chapter I, title 40 of the Code
federally enforceable SIP. absence of a prior existing requirement of Federal Regulations is amended as
III. Statutory and Executive Order for the State to use voluntary consensus follows:
Reviews standards (VCS), EPA has no authority
to disapprove a SIP submission for PART 52—[AMENDED]
Under Executive Order 12866 (58 FR failure to use VCS. It would thus be
51735, October 4, 1993), this action is ■ 1. The authority citation for part 52
inconsistent with applicable law for
not a ‘‘significant regulatory action’’ and continues to read as follows:
EPA, when it reviews a SIP submission;
therefore is not subject to review by the to use VCS in place of a SIP submission Authority: 42 U.S.C. 7401 et seq.
Office of Management and Budget. For that otherwise satisfies the provisions of
this reason, this action is also not the Clean Air Act. Thus, the Subpart D—Arizona
subject to Executive Order 13211, requirements of section 12(d) of the
‘‘Actions Concerning Regulations That ■ 2. Section 52.120 is amended by
National Technology Transfer and adding paragraph (c)(135) to read as
Significantly Affect Energy Supply, Advancement Act of 1995 (15 U.S.C.
Distribution, or Use’’ (66 FR 28355, May follows:
272 note) do not apply. This rule does
22, 2001). This action merely approves not impose an information collection § 52.120 Identification of plan.
state law as meeting Federal burden under the provisions of the * * * * *
requirements and imposes no additional Paperwork Reduction Act of 1995 (44 (c) * * *
requirements beyond those imposed by U.S.C. 3501 et seq.). (135) An amended regulation was
state law. Accordingly, the submitted on June 8, 2006, by the
Administrator certifies that this rule The Congressional Review Act, 5
U.S.C. section 801 et seq., as added by Governor’s designee.
will not have a significant economic (i) Incorporation by reference.
impact on a substantial number of small the Small Business Regulatory
Enforcement Fairness Act of 1996, (A) Maricopa County Environmental
entities under the Regulatory Flexibility Services Department.
Act (5 U.S.C. 601 et seq.). Because this generally provides that before a rule
(1) Rule 314, adopted on July 13, 1988
rule approves pre-existing requirements may take effect, the agency
and amended on April 20, 2005.
under state law and does not impose promulgating the rule must submit a
any additional enforceable duty beyond rule report, which includes a copy of * * * * *
that required by state law, it does not the rule, to each House of the Congress [FR Doc. E7–8689 Filed 5–7–07; 8:45 am]
contain any unfunded mandate or and to the Comptroller General of the BILLING CODE 6560–50–P

significantly or uniquely affect small United States. EPA will submit a report
governments, as described in the containing this rule and other required
Unfunded Mandates Reform Act of 1995 information to the U.S. Senate, the U.S. ENVIRONMENTAL PROTECTION
(Pub. L. 104–4). House of Representatives, and the AGENCY
This rule also does not have tribal Comptroller General of the United 40 CFR Part 52
implications because it will not have a States prior to publication of the rule in
substantial direct effect on one or more the Federal Register. A major rule [EPA–R07–OAR–2007–0249; FRL–8310–6]
Indian tribes, on the relationship cannot take effect until 60 days after it
Approval and Promulgation of
between the Federal Government and is published in the Federal Register.
Implementation Plans; Missouri;
Indian tribes, or on the distribution of This action is not a ‘‘major rule’’ as
Interstate Transport of Pollution
power and responsibilities between the defined by 5 U.S.C. 804(2).
Federal Government and Indian tribes, Under section 307(b)(1) of the Clean AGENCY: Environmental Protection
as specified by Executive Order 13175 Air Act, petitions for judicial review of Agency (EPA).
(65 FR 67249, November 9, 2000). This this action must be filed in the United ACTION: Direct final rule.
action also does not have Federalism States Court of Appeals for the
implications because it does not have appropriate circuit by July 9, 2007. SUMMARY: EPA is revising the Missouri
substantial direct effects on the States, Filing a petition for reconsideration by State Implementation Plan (SIP) for the
on the relationship between the national the Administrator of this final rule does purpose of approving the Missouri
government and the States, or on the Department of Natural Resources’
not affect the finality of this rule for the
distribution of power and (MDNR) actions to address requirements
purposes of judicial review nor does it
responsibilities among the various of section 110(a)(2)(D)(i) of the Clean
extend the time within which a petition
levels of government, as specified in Air Act. Section 110(a)(2)(D)(i) requires
for judicial review may be filed, and
Executive Order 13132 (64 FR 43255, each state to submit a SIP that prohibits
shall not postpone the effectiveness of
August 10, 1999). This action merely emissions that adversely affect another
approves a state rule implementing a such rule or action. This action may not state’s air quality through interstate
Federal standard, and does not alter the be challenged later in proceedings to transport. MDNR has adequately
relationship or the distribution of power enforce its requirements. (See section addressed the four distinct elements
and responsibilities established in the 307(b)(2).) related to the impact of interstate
Clean Air Act. This rule also is not List of Subjects in 40 CFR Part 52 transport of air pollutants. These
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subject to Executive Order 13045 include prohibiting significant


‘‘Protection of Children from Environmental protection, Air contribution to downwind
Environmental Health Risks and Safety pollution control, Incorporation by nonattainment of the National Ambient
Risks’’ (62 FR 19885, April 23, 1997), reference, Intergovernmental relations, Air Quality Standards (NAAQS),
because it approves a state rule Particulate matter, Reporting and interference with maintenance of the
implementing a Federal standard. recordkeeping requirements. NAAQS, interference with plans in

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25976 Federal Register / Vol. 72, No. 88 / Tuesday, May 8, 2007 / Rules and Regulations

another state to prevent significant technical difficulties and cannot contact Section 110(a)(2)(D)(i) requires each
deterioration of air quality, and you for clarification, EPA may not be state to submit a SIP that prohibits
interference with efforts of other states able to consider your comment. emissions that adversely affect another
to protect visibility. The requirements Electronic files should avoid the use of state’s air quality through interstate
for public notification were also met by special characters, any form of transport. The SIP must prevent sources
MDNR. encryption, and be free of any defects or in the state from emitting pollutants in
DATES: This direct final rule will be viruses. amounts which will: (1) Contribute
effective July 9, 2007, without further Docket: All documents in the significantly to nonattainment of the
notice, unless EPA receives adverse electronic docket are listed in the NAAQS, (2) interfere with maintenance
comment by June 7, 2007. If adverse http://www.regulations.gov index. of the NAAQS in another state, (3)
comment is received, EPA will publish Although listed in the index, some interfere with provisions to prevent
a timely withdrawal of the direct final information is not publicly available, significant deterioration of air quality,
rule in the Federal Register informing i.e., CBI or other information whose and (4) interfere with efforts to protect
the public that the rule will not take disclosure is restricted by statute. visibility.
effect. Certain other material, such as The EPA issued guidance on August
copyrighted material, is not placed on 15, 2006, relating to SIP submissions to
ADDRESSES: Submit your comments, meet the requirements of section
identified by Docket ID No. EPA–R07– the Internet and will be publicly
available only in hard copy form. 110(a)(2)(D)(i). As discussed below,
OAR–2007–0249, by one of the Missouri’s analysis of its SIP with
following methods: Publicly available docket materials are
available either electronically in http:// respect to the statutory requirements is
1. http://www.regulations.gov. Follow consistent with the guidance.
the on-line instructions for submitting www.regulations.gov or in hard copy at
The MDNR has addressed the first
comments. the Environmental Protection Agency,
two of these elements by the adoption
2. E-mail: hamilton.heather@epa.gov. Air Planning and Development Branch,
of the Clean Air Interstate Rule (CAIR)
3. Mail: Heather Hamilton, 901 North 5th Street, Kansas City, model rules that require Missouri
Environmental Protection Agency, Air Kansas 66101. The Regional Office’s sources to participate in the EPA-
Planning and Development Branch, 901 official hours of business are Monday administered cap and trade program for
North 5th Street, Kansas City, Kansas through Friday, 8 p.m. to 4:30, nitrogen oxides (NOX) and sulfur
66101. excluding Federal holidays. The dioxide. Participation in this program
4. Hand Delivery or Courier: Deliver interested persons wanting to examine will prohibit emissions from the state
your comments to Heather Hamilton, these documents should make an that would contribute significantly to
Environmental Protection Agency, Air appointment with the office at least 24 nonattainment or interfere with the
Planning and Development Branch, 901 hours in advance. maintenance of the particulate matter
North 5th Street, Kansas City, Kansas FOR FURTHER INFORMATION CONTACT: and ozone NAAQS in any downwind
66101. Heather Hamilton at (913) 551–7039, or state. As previously determined by EPA,
Instructions: Direct your comments to by e-mail at hamilton.heather@epa.gov. submittal of a SIP revision to satisfy
Docket ID No. EPA–R07–OAR–2007– CAIR (submitted to EPA on March 13,
0249. EPA’s policy is that all comments SUPPLEMENTARY INFORMATION:
Throughout this document whenever 2007) also fulfills the state’s obligations
received will be included in the public that pertain to ‘‘significant
docket without change and may be ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
contribution’’ and ‘‘interference with
made available online at http:// EPA. This section provides additional
maintenance’’ (70 FR 25162). It should
www.regulations.gov, including any information by addressing the following
be noted that EPA will act on Missouri’s
personal information provided, unless questions:
CAIR SIP in a separate rulemaking, and
the comment includes information What is being addressed in this document? this action makes no conclusion with
claimed to be Confidential Business What action is EPA taking? respect to approvability of that
Information (CBI) or other information What is being addressed in this submittal.
whose disclosure is restricted by statute. document? The third element MDNR addressed
Do not submit through http:// was prevention of significant
www.regulations.gov or e-mail EPA is revising the SIP for the deterioration (PSD). For 8-hour ozone,
information that you consider to be CBI purpose of approving MDNR’s actions to the state has met the obligation,
or otherwise protected. The http:// address the requirements of the Clean consistent with EPA’s guidance
www.regulations.gov Web site is an Air Act (CAA) section 110(a)(2)(D)(i). In described previously, by confirming that
‘‘anonymous access’’ system, which its request to revise the SIP, Missouri major sources in the state are currently
means EPA will not know your identity has also outlined the other provisions of subject to PSD programs that implement
or contact information unless you section 110(a)(2) (the infrastructure SIP, the 8-hour ozone standard and that the
provide it in the body of your comment. to support the implementation, state is on track to meet the June 15,
If you send an e-mail comment directly maintenance and enforcement of the 2007, deadline for SIP submissions
to EPA without going through http:// NAAQS) and described how the state adopting any relevant requirements of
www.regulations.gov, your e-mail implements the infrastructure the Phase II ozone implementation rule.
address will be automatically captured requirements. In this rule, EPA is only For PM2.5, the state has confirmed that
and included as part of the comment acting on the portion of the SIP the state’s PSD program is being
that is placed in the public docket and addressing section 110(a)(2)(D)(i). EPA implemented in accordance with EPA’s
made available on the Internet. If you is taking separate action on this portion interim guidance calling for the use of
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submit an electronic comment, EPA of the submission because EPA is PM10 as a surrogate for PM2.5 for the
recommends that you include your obligated to promulgate a Federal plan purposes of PSD and nonattainment
name and other contact information in if the state plan is not approved by May New Source Review (NSR). Controlling
the body of your comment and with any 27, 2007. EPA intends to act on the PM10 emissions and analyzing impacts
disk or CD-ROM you submit. If EPA other portion of the submission in the on the environment serves as a surrogate
cannot read your comment due to near future. approach for reducing PM2.5 emissions

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Federal Register / Vol. 72, No. 88 / Tuesday, May 8, 2007 / Rules and Regulations 25977

and minimizing impacts to air quality. Statutory and Executive Order Reviews to disapprove a state submission for
Although EPA has finalized major Under Executive Order 12866 (58 FR failure to use VCS. It would thus be
portions of the PM2.5 implementation 51735, October 4, 1993), this action is inconsistent with applicable law for
rule, we have not yet finalized the not a ‘‘significant regulatory action’’ and EPA, when it reviews a state
portion relating to New Source Review. therefore is not subject to review by the submission, to use VCS in place of a
Once the NSR portion of the PM2.5 Office of Management and Budget. For state submission that otherwise satisfies
implementation rule is finalized by this reason, this action is also not the provisions of the CAA. Thus, the
EPA, MDNR commits to transitioning subject to Executive Order 13211, requirements of section 12(d) of the
from use of the interim PM2.5 guidance ‘‘Actions Concerning Regulations That National Technology Transfer and
to the final PM2.5 implementation Significantly Affect Energy Supply, Advancement Act of 1995 (15 U.S.C.
requirements after approval of the PM2.5 Distribution, or Use’’ (66 FR 28355, May 272 note) do not apply. This action does
SIP revision (The submittal is due April 22, 2001). This action merely approves not impose an information collection
5, 2008). state law as meeting Federal burden under the provisions of the
It should be noted that most of requirements and imposes no additional Paperwork Reduction Act of 1995 (44
requirements beyond those imposed by U.S.C. 3501 et seq.).
Missouri is currently designated
attainment/unclassifiable for both the 8- state law. Accordingly, the The Congressional Review Act, 5
hour ozone and PM2.5 NAAQS. Administrator certifies that this action U.S.C. 801 et seq., as added by the Small
However, St. Louis City, St. Louis will not have a significant economic Business Regulatory Enforcement
County, St. Charles County, Franklin impact on a substantial number of small Fairness Act of 1996, generally provides
County, and Jefferson County are entities under the Regulatory Flexibility that before a rule may take effect, the
designated as nonattainment for the 8- Act (5 U.S.C. 601 et seq.). Because this agency promulgating the rule must
hour ozone and annual fine particulate action approves pre-existing submit a rule report, which includes a
matter NAAQS. requirements under state law and does copy of the rule, to each House of the
not impose any additional enforceable Congress and to the Comptroller General
At this time, it is not possible for of the United States. EPA will submit a
duty beyond that required by state law,
MDNR to accurately determine whether report containing this rule and other
it does not contain any unfunded
there is interference with measures in required information to the U.S. Senate,
mandate or significantly or uniquely
another state’s SIP designed to protect affect small governments, as described the U.S. House of Representatives, and
visibility, which is the fourth element in the Unfunded Mandates Reform Act the Comptroller General of the United
that was addressed. Technical projects of 1995 (Pub. L. 104–4). States prior to publication of the rule in
relating to visibility degradation source- This action also does not have tribal the Federal Register.
receptor relationships are under implications because it will not have a
development. Missouri will be in a more A major rule cannot take effect until
substantial direct effect on one or more 60 days after it is published in the
advantageous position to address the Indian tribes, on the relationship
visibility projection requirements once Federal Register. This action is not a
between the Federal Government and ‘‘major rule’’ as defined by 5 U.S.C.
the initial regional haze SIP has been Indian tribes, or on the distribution of
developed. MDNR intends to meet the 804(2).
power and responsibilities between the
December 17, 2007, submittal deadline Federal Government and Indian tribes, Under section 307(b)(1) of the CAA,
for the regional haze SIP. as specified by Executive Order 13175 petitions for judicial review of this
A public hearing with regard to this (65 FR 67249, November 9, 2000). This action must be filed in the United States
action was held by the state, and only action also does not have Federalism Court of Appeals for the appropriate
EPA provided comments on this SIP implications because it does not have circuit by July 9, 2007. Filing a petition
revision. substantial direct effects on the States, for reconsideration by the Administrator
on the relationship between the national of this final rule does not affect the
With this action, the non-regulatory finality of this rule for the purposes of
text in 40 CFR 52.1320(e) is revised to government and the States, or on the
distribution of power and judicial review nor does it extend the
reflect that MDNR addressed the time within which a petition for judicial
elements of the CAA section responsibilities among the various
levels of government, as specified in review may be filed, and shall not
110(a)(2)(D)(i). postpone the effectiveness of such rule
Executive Order 13132 (64 FR 43255,
What action is EPA taking? August 10, 1999). This action merely or action. This action may not be
approves a state rule implementing a challenged later in proceedings to
The EPA is taking direct final action Federal standard, and does not alter the enforce its requirements. (See section
to approve this revision as MDNR has relationship or the distribution of power 307(b)(2).)
adequately addressed the required and responsibilities established in the List of Subjects in 40 CFR Part 52
elements of CAA section 110(a)(2)(D)(i). CAA. This action also is not subject to
EPA intends to act on the portion of Executive Order 13045, ‘‘Protection of Environmental protection, Air
Missouri’s submittal addressing all Children from Environmental Health pollution control, Intergovernmental
other elements of section 110(a)(2), Risks and Safety Risks’’ (62 FR 19885, relations, Nitrogen dioxide, Ozone,
which addresses the infrastructure April 23, 1997), because it approves a Particulate matter, Reporting and
necessary to implement the 8-hour state rule implementing a Federal recordkeeping requirements, Sulfur
ozone and PM2.5 NAAQS in the state of standard. oxides, Volatile organic compounds.
Missouri, in a future rulemaking. In reviewing state submissions, EPA’s Dated: April 30, 2007.
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Please note that if EPA receives role is to approve state choices, John B. Askew,
adverse comment on part of this rule, provided that they meet the criteria of Regional Administrator, Region 7.
and if that part can be severed from the the CAA. In this context, in the absence
remainder of the rule, EPA may adopt of a prior existing requirement for the ■ Chapter I, title 40 of the Code of
as final those parts of the rule that are state to use voluntary consensus Federal Regulations is amended as
not the subject of an adverse comment. standards (VCS), EPA has no authority follows:

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25978 Federal Register / Vol. 72, No. 88 / Tuesday, May 8, 2007 / Rules and Regulations

PART 52—[AMENDED] Subpart AA—Missouri § 52.1320 Identification of plan.


* * * * *
■ 1. The authority citation for part 52 ■ 2. In § 52.1320(e) the table is amended
continues to read as follows: (e) * * *
by adding an entry in numerical order
Authority: 42 U.S.C. 7401 et seq. to read as follows:

EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS


Applicable geographic
Name of nonregulatory SIP provision State submittal date EPA approval date Explanation
or nonattainment area

* * * * * * *

(51) CAA 110(a)(2)(D)(i) ................................. Statewide ................... 2/27/07 ....................... 5/8/07 .........................
SIP—Interstate Transport ............................... .................................... .................................... [insert FR page num-
ber where the docu-
ment begins].

[FR Doc. E7–8774 Filed 5–7–07; 8:45 am] 4. Hand Delivery or Courier. Deliver Although listed in the index, some
BILLING CODE 6560–50–P your comments to Heather Hamilton, information is not publicly available,
Environmental Protection Agency, Air i.e., CBI or other information whose
Planning and Development Branch, 901 disclosure is restricted by statute.
ENVIRONMENTAL PROTECTION North 5th Street, Kansas City, Kansas Certain other material, such as
AGENCY 66101. copyrighted material, is not placed on
Instructions: Direct your comments to the Internet and will be publicly
40 CFR Part 62 Docket ID No. EPA–R07–OAR–2007– available only in hard copy form.
[EPA–R07–OAR–2007–0258; FRL–8310–8] 0258. EPA’s policy is that all comments Publicly available docket materials are
received will be included in the public available either electronically in http://
Approval and Promulgation of State docket without change and may be www.regulations.gov or in hard copy at
Plans for Designated Facilities and made available online at http:// the Environmental Protection Agency,
Pollutants; States of Iowa, Kansas, and www.regulations.gov, including any Air Planning and Development Branch,
Missouri personal information provided, unless 901 North 5th Street, Kansas City,
the comment includes information Kansas 66101. The Regional Office’s
AGENCY: Environmental Protection claimed to be Confidential Business
Agency (EPA). official hours of business are Monday
Information (CBI) or other information through Friday, 8 to 4:30 excluding
ACTION: Direct final rule. whose disclosure is restricted by statute. Federal holidays. The interested persons
SUMMARY: EPA is approving the Other
Do not submit through http:// wanting to examine these documents
Solid Waste Incineration (OSWI) section www.regulations.gov or e-mail should make an appointment with the
information that you consider to be CBI office at least 24 hours in advance.
111(d) negative declarations submitted
or otherwise protected. The http://
by the states of Iowa, Kansas, and FOR FURTHER INFORMATION CONTACT:
www.regulations.gov Web site is an
Missouri. These negative declarations Heather Hamilton at (913) 551–7039, or
‘‘anonymous access’’ system, which
certify that OSWI units subject to the by e-mail at hamilton.heather@epa.gov.
means EPA will not know your identity
requirements of sections 111(d) and 129
or contact information unless you SUPPLEMENTARY INFORMATION:
of the Clean Air Act (CAA) do not exist
provide it in the body of your comment. Throughout this document whenever
in these states.
If you send an e-mail comment directly ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
DATES: This direct final rule will be to EPA without going through http://
effective July 9, 2007, without further EPA. This section provides additional
www.regulations.gov, your e-mail information by addressing the following
notice, unless EPA receives adverse address will be automatically captured
comment by June 7, 2007. If adverse questions:
and included as part of the comment
comment is received, EPA will publish that is placed in the public docket and What is a 111(d) Plan?
a timely withdrawal of the direct final made available on the Internet. If you What are the regulatory requirements for
rule in the Federal Register informing submit an electronic comment, EPA OSWI units?
the public that the rule will not take recommends that you include your Why is this action necessary?
effect. name and other contact information in What action are we taking in this
document?
ADDRESSES: Submit your comments, the body of your comment and with any
identified by Docket ID No. EPA–R07– disk or CD–ROM you submit. If EPA What is a 111(d) Plan?
OAR–2007–0258, by one of the cannot read your comment due to
following methods: technical difficulties and cannot contact Section 111(d) of the CAA requires
1. http://www.regulations.gov. Follow you for clarification, EPA may not be states to submit plans to control certain
the on-line instructions for submitting able to consider your comment. pollutants (designated pollutants) at
comments. Electronic files should avoid the use of existing facilities (designated facilities)
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2. E-mail: hamilton.heather@ep.gov. special characters, any form of whenever standards of performance


3. Mail: Heather Hamilton, encryption, and be free of any defects or have been established under section
Environmental Protection Agency, Air viruses. 111(b) for new sources of the same type,
Planning and Development Branch, 901 Docket: All documents in the and EPA has established emission
North 5th Street, Kansas City, Kansas electronic docket are listed in the guidelines for such existing sources for
66101. http://www.regulations.gov index. certain designated pollutants.

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