[Federal Register Volume 75, Number 203 (Thursday, October 21, 2010)]
[Rules and Regulations]
[Pages 64953-64955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24918]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2010-0415; FRL-9210-3]
Approval and Promulgation of Implementation Plans; State of
Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving a revision to a State Implementation Plan
(SIP) submitted by the State of Missouri. The purpose of this revision
is to update the Springfield City Code and is part of ongoing SIP
maintenance to assure that outdated local codes and ordinances do not
remain in the SIP. The revision reflects updates to the Missouri
statewide rules, and will ensure consistency between the applicable
local agency rules and the Federally approved rules.
DATES: This direct final rule will be effective December 20, 2010,
without further notice, unless EPA receives adverse comment by November
22, 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-2010-0415, by one of the following methods:
1. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
2. E-mail: [email protected].
3. Mail or Hand Delivery: 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-
2010-0415. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://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 http://www.regulations.gov or e-mail information that you consider to be CBI
or otherwise protected. The http://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 http://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 http://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 http://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: Lachala Kemp at 913-551-7214, or by e-
mail at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA. This section provides additional information by
addressing the following questions:
I. What is being addressed in this document?
II. What revisions is EPA approving?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is being addressed in this document?
On January 21, 2009, EPA received a request from the Missouri
Department of Natural Resources to approve revisions to the SIP
relating to changes in the SIP-approved program for Springfield,
Missouri. In order for the local program's ``Air Pollution'' rules to
be incorporated into the Federally-enforceable SIP, on behalf of the
local agency, the State must submit the formally adopted regulations
which are consistent with State and Federal requirements to EPA for
inclusion in the SIP. The regulation adoption process generally
includes public notice of a public comment period and a public hearing,
and formal adoption of the rule by the State authorized rulemaking
body. In this case that rulemaking body is the local agency. After the
local agency formally adopts the rule, the local agency submits the
rulemaking to the State, and then the State submits the rulemaking to
EPA for consideration for formal action (inclusion of the rulemaking
into the SIP). EPA must provide public notice and seek additional
public comment regarding the proposed Federal action on the State's
submission.
The 2009 revisions for Springfield consist of administrative
changes, removing Springfield City Code Chapter 2A and replacing it
with the Springfield City Code Chapter 6. EPA had previously approved
portions of Chapter 2A, as it relates to regulation of incinerators. In
general, these changes are administrative only and they do not add any
new limitations, conditions or requirements. The revisions retain all
previous sections pertaining to definitions, test methods and tables,
stack emission test methods, and emission limitations for incinerators,
but with new numbering and titles. The revision also removes compliance
schedules for incinerators which were not in compliance upon the
original effective date of the rule (1969).
II. What revision is EPA approving?
EPA is approving revisions to the relevant portions of Springfield
City Code Chapter 2A ``Air Pollution Control Standards'', which are now
found in Chapter 6 of the Code. The local agency's ``Air Pollution
Control Standards'' were revised as follows:
Article I, section 2A has been renumbered as Chapter 6 with other
corresponding renumbering within the chapter.
All previous sections pertaining to definitions, test methods and
tables, stack emission test methods, and incinerators have all been
retained, but with new numbering and titles.
[[Page 64954]]
What action is EPA taking?
EPA is approving these revisions to the Springfield City Code
Chapter 2A Air Pollution Control Standard as described above. We are
processing this action as a direct final action because the revisions
make routine changes to the existing rules which are noncontroversial.
Therefore, we do not anticipate any adverse comments. Please note that
if EPA receives adverse comment on part of this rule and if that part
can be severed from the remainder of the rule, EPA may adopt as final
those parts of the rule that are not the subject of an adverse comment.
Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the 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 Clean Air Act.
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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 20, 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 proposed 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: September 22, 2010.
Karl Brooks,
Regional Administrator, Region 7.
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Accordingly, 40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart AA--Missouri
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2. In Sec. 52.1320 the table in paragraph (c) is amended by revising
the entry for ``Chapter 2A'' under the heading ``Springfield--Chapter
2A--Air Pollution Control Standards'' to read as follows:
Sec. 52.1320 Identification of plan.
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(c) * * *
EPA-Approved Missouri Regulations
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State
Missouri citation Title effective EPA approval date Explanation
date
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Missouri Department of Natural Resources, Chapter 2 Air Quality Standards and Air Pollution Control Regulations
for the Kansas City Metropolitan Area
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[[Page 64955]]
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Springfield--Chapter 2A--Air Pollution Control Standards
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Article I........................ Definitions......... 12/04/08 10/21/10 [insert FR Only Section 6-2 is
page number where approved by EPA.
the document
begins].
Article II....................... Administrative and 12/04/08 .................... Only Sections 6-151,
Enforcement. 155, 156, and 171
are approved by
EPA.
Incinerators........
Article V........................ .................... 12/04/08 .................... Only Sections 6-311
through 314 are
approved by EPA.
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[FR Doc. 2010-24918 Filed 10-20-10; 8:45 am]
BILLING CODE 6560-50-P