[Federal Register: December 9, 2003 (Volume 68, Number 236)]
[Rules and Regulations]
[Page 68521-68523]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de03-22]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MO 199-1199a; FRL-7592-5]
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 an amendment to the Missouri State
Implementation Plan (SIP) pertaining to an update to a St. Louis city
SIP-approved Ordinance and incinerator permit. The effect of this
action is to ensure Federal enforceability of the local agency's air
program rules and to maintain consistency between the local agency
adopted rules and the approved SIP.
DATES: This direct final rule will be effective February 9, 2004,
without further notice, unless EPA receives adverse comment by January
8, 2004. 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: Comments may be submitted either by mail or electronically.
Written comments should be submitted to Wayne Kaiser, Environmental
Protection Agency, Air Planning and Development Branch, 901 North 5th
Street, Kansas City, Kansas 66101. Electronic comments should be sent either to kaiser.wayne@epa.gov or to http://www.regulations.gov, which
is an alternative method for submitting electronic comments to EPA. To
submit comments, please follow the detailed instructions described in
``What action is EPA taking'' in the SUPPLEMENTARY INFORMATION section.
Copies of documents relative to this action are available for
public inspection during normal business hours at the above-listed
Region 7 location. 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: Wayne Kaiser at (913) 551-7603, or by e-mail at kaiser.wayne@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This section provides
additional information by addressing the following questions:
What Is a SIP?
What Is the Federal Approval Process for a SIP?
What Does Federal Approval of a State Regulation Mean to Me?
What Is 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
EPA for approval and incorporation into the federally-enforceable SIP.
Each federally-approved SIP protects air quality primarily by
addressing air pollution at its point of origin. These SIPs can be
extensive, containing State regulations or other enforceable documents
and supporting information such as emission inventories, monitoring
networks, and modeling demonstrations.
What Is the Federal Approval Process for a SIP?
In order for State regulations to be incorporated into the
federally-enforceable SIP, States must formally adopt the regulations
and control strategies consistent with State and Federal requirements.
This process generally includes a public notice, public hearing, public
comment period, and a formal adoption by a State-authorized rulemaking
body.
Once a State rule, regulation, or control strategy is adopted, the
State submits it to us for inclusion into the SIP. We must provide
public notice and seek additional public comment regarding the proposed
Federal action on the State submission. If adverse comments are
received, they must be addressed prior to any final Federal action by
us.
All State regulations and supporting information approved by EPA
under section 110 of the CAA are incorporated into the federally-
approved SIP. Records of such SIP actions are maintained in the Code of
Federal Regulations (CFR) at title 40, part 52, entitled ``Approval and
Promulgation of Implementation Plans.'' The actual State regulations
which are approved are not reproduced in their entirety in the CFR
outright but are ``incorporated by reference,'' which means that we
have approved a given State regulation with a specific effective date.
What Does Federal Approval of a State Regulation Mean to Me?
Enforcement of the State regulation before and after it is
incorporated into 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?
In August 2003, the St. Louis city Board of Aldermen updated the
current SIP-approved Ordinance No. 64749 by rescinding it and adopting
replacement Ordinance No. 65645. The only changes in the SIP-approved
portion of the new Ordinance is the renumbering of Section 7--
Definitions, to Section 6, and Section 17--Open Burning Restrictions,
to Section 15.
Approving the new Ordinance subsequently necessitated that a
reference to it in a SIP-approved St. Louis University Hospital
incinerator permit, No. 00-01-004, be revised. Consequently, we are
also approving a letter from the City of St. Louis Department of Health
to St. Louis University Hospital, dated April 25, 2003, which revises
Section II, B of incinerator permit No. 00-01-004, by updating the
referenced Ordinance number to No. 65645.
A technical support document (TSD) containing additional
information and background material for this action has been prepared
and is available from the EPA contact listed above.
Have the Requirements for Approval of a SIP Revision Been Met?
The State submittal has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submittal also
satisfied the completeness criteria of 40 CFR part 51, appendix V. In
addition, as explained above and in more detail in the TSD
[[Page 68522]]
which is part of this document, the revision meets the substantive SIP
requirements of the CAA, including section 110 and implementing
regulations.
What Action Is EPA Taking?
We are approving the State's request to amend the SIP by rescinding
the SIP-approved provisions of St. Louis city Ordinance No. 64794 and
concurrently approving the same, but renumbered provisions, in
Ordinance No. 65645. We are also approving an administrative revision
to the incinerator permit for St. Louis University Hospital.
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 relevant 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.
You may submit comments either electronically or by mail. To ensure
proper receipt by EPA, identify the appropriate rulemaking
identification number, MO 199-1199a, in the subject line on the first
page of your comment. Please ensure that your comments are submitted
within the specified comment period. Comments received after the close
of the comment period will be marked ``late.'' EPA is not required to
consider these late comments.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket. 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.
a. Electronic mail. Comments may be sent by e-mail to kaiser.wayne@epa.gov. Please include identification number, MO 199-
1199a, in the subject line. EPA's e-mail system is not an ``anonymous
access'' system. If you send an e-mail comment directly without going
through Regulations.gov, EPA's e-mail system automatically captures
your e-mail address. E-mail addresses that are automatically captured
by EPA's e-mail system are included as part of the comment that is
placed in the official public docket.
b. Regulations.gov. Your use of Regulations.gov is an alternative
method of submitting electronic comments to EPA. Go directly to http://www.regulations.gov
, click on ``To Search for Regulations,'' then
select Environmental Protection Agency and use the ``go'' button. The
list of current EPA actions available for comment will be listed.
Please follow the online instructions for submitting comments. The
system is an ``anonymous access'' system, which means EPA will not know
your identity, e-mail address, or other contact information unless you
provide it in the body of your comment.
2. By Mail. Written comments should be sent to the name and address
listed in the ADDRESSES section of this document.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves State law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by State law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under State law and does
not impose any additional enforceable duty beyond that required by
State law, it 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).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the National Government and the
States, or on the distribution of power and responsibilities among the
various levels of Government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a State rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the CAA.
This rule also is not subject to Executive Order 13045, ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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 rule 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 9, 2004. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it
[[Page 68523]]
extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: November 18, 2003.
William W. Rice,
Acting Regional Administrator, Region 7.
0
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. Section 52.1320 is amended by:
0
a. In paragraph (c) removing the heading and entries for St. Louis City
Ordinance 64749 and adding a heading and entries for St. Louis City
Ordinance 65645.
0
b. In paragraph (d) adding an entry to the end of the table for St.
Louis University.
0
The revisions and addition read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Missouri Regulations
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State
Missouri citation Title effective EPA approval date Explanation
date
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* * * * * * *
St. Louis City Ordinance 65645
Section 6..................... Definitions...... 8/28/03 12/9/03 [insert FR page The phrase
citation]. ``other than
liquids or
gases'' in the
Refuse
definition has
not been
approved.
Section 15.................... Open Burning 8/28/03 12/9/03 [insert FR page
Restrictions. citation].
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(d) * * *
EPA-Approved State Source-Specific Permits and Orders
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State
Name of source Order/permit effective EPA approval date Explanation
number date
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* * * * * * *
St. Louis University.......... Permit Matter No. 8/28/03 12/9/03 [insert FR page Updates a
00-01-004. citation]. reference in
section II.B.
to Ordinance
No. 65645.
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[FR Doc. 03-30039 Filed 12-8-03; 8:45 am]
BILLING CODE 6560-50-P