[Federal Register: September 19, 2005 (Volume 70, Number 180)]
[Rules and Regulations]
[Page 54840-54842]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19se05-7]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R07-OAR-2005-MO-0003; FRL-7969-6]
Approval and Promulgation of Implementation Plans; State of
Missouri; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correcting amendment.
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SUMMARY: On July 13, 2005, EPA published a final rule approving
revisions to the Missouri State Implementation Plan (SIP). In the July
13, 2005, rule, EPA inadvertently included an incorrect state effective
date for the Missouri statewide NOX rule. The purpose of
this action is to correct the state effective date to August 30, 2003.
DATES: This action is effective September 19, 2005.
FOR FURTHER INFORMATION CONTACT: Michael Jay at (913) 551-7460, or by
e-mail at jay.michael@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean EPA.
On July 13, 2005 (70 FR 40193), EPA published a final rule
approving a SIP revision for Missouri that included a revision to the
statewide NOX rule, 10 CSR 10-6.350 ``Emissions Limitations
and Emissions Trading of Oxides of Nitrogen.'' The purpose of the rule
is to reduce the state's contribution to the St. Louis 8-hour ozone
nonattainment area. The July 13, 2005, rule inadvertently included an
incorrect state effective date for the statewide NOX rule of
June 23, 2003. Today's action is necessary to correct the state
effective date to August 30, 2003.
Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(B),
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provides that, when an agency for good cause finds that notice and
public procedures are impracticable, unnecessary, or contrary to the
public interest, the agency may issue a rule without providing notice
and an opportunity for public comment. We have determined that there is
such good cause for making today's rule final without prior proposal
and opportunity for comment because we are merely correcting our
identification of the effective date of a state rule. The correction
has no effect on the state rule. Thus, notice and public procedure are
unnecessary. We find that this constitutes good cause under 5 U.S.C.
553(b)(B).
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). Because the
agency has made a good cause finding that this action is not subject to
notice-and-comment requirements under the Administrative Procedures
Act, it is not subject to the regulatory flexibility provisions of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule
merely corrects an incorrect state effective date in a previous action,
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).
For the same reason, this rule also does 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 rule will 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), because it merely corrects an incorrect
state effective date in a previous action in a state rule implementing
a Federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act (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, our 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), we have 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 (CRA), 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. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding that notice and public procedure is
impracticable, unnecessary or contrary to the public interest. This
determination must be supported by a brief statement. As stated
previously, we made such a good cause finding, including the reasons
therefore and established an effective date of September 19, 2005. We
will submit a report containing this rule and other required
information to the United States Senate, the United States House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This correction to
the Missouri SIP table is not a ``major rule'' as defined by 5 U.S.C.
804 et seq (2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.
Dated: September 8, 2005.
William 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. In `` 52.1320(c) the table is amended under Chapter 6 by revising
the entry for rule A10-6.350'' 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
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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
* * * * * * *
10-6.350....................... Emissions Limitations 08/30/03 09/19/05 [insert ..................
and Emissions Trading FR page number
of Oxides of Nitrogen. where the
document begins].
[[Page 54842]]
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[FR Doc. 05-18427 Filed 9-16-05; 8:45 am]
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