[Federal Register: October 10, 2006 (Volume 71, Number 195)]
[Rules and Regulations]
[Page 59383-59385]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10oc06-10]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2005-MO-0005; FRL-8228-9]
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 11, 2006, EPA published a final rule approving
revisions to the Missouri State Implementation Plan (SIP). In the July
11, 2006, rule EPA inadvertently included an incorrect state effective
date for this rule and omitted part of the information in the
explanation column of the Constructions Permits Required rule. We are
making a correction to the state effective date and to the explanation
in this document.
DATES: This action is effective October 10, 2006.
FOR FURTHER INFORMATION CONTACT: Amy Algoe-Eakin at (913) 551-7942, or
by e-mail at algoe-eakin.amy@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean EPA.
On July 11, 2006, EPA published a SIP revision for Missouri that
included a revision to rule 10 CSR 10-6.060. In Sec. 52.1320(c), the
portion of the table referencing Missouri Chapter 6, the State
Effective Date should have been December 30, 2004, and the Explanation
column for this rule should have included the statement ``This revision
incorporates by reference elements of EPA's NSR reform rule published
December 31, 2002. Provisions of the incorporated reform rule relating
to the Clean Unit Exemption, Pollution Control Projects, and exemption
from record keeping provisions for certain sources using the actual-to-
projected-actual emissions projections test are not SIP approved. This
revision also incorporates by reference the other provisions of 40 CFR
52.21 as in effect on July 1, 2003, which supersedes any conflicting
provisions in the Missouri rule. Section 9, pertaining to hazardous air
pollutants, is not SIP approved.'' This statement was included in the
Explanation column of the June 27, 2006 (71 FR 36489) revision to this
rule. Therefore, in this correction notice we are adding this
information to the table for Chapter 6.
[[Page 59384]]
Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(B), 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 and reinserting an explanation which was included in a previous
action. 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 citation 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 a citation in a
State rule in a previous action 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 October 10, 2006. 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 mater, reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.
Dated: September 27, 2006.
John Askew,
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 Sec. 52.1320(c) the table is amended under Chapter 6 by revising
the entry for rule ``10-6.060'' 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
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Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
Regulations for the State of Missouri
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[[Page 59385]]
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10-6.060.............. Construction Permits 12/30/2004 10/10/2006 [insert FR This revision incorporates
Required.. page number where by reference elements of
the document begins]. EPA's NSR reform rule
published December 31,
2002. Provisions of the
incorporated reform rule
relating to the Clean
Unit Exemption, Pollution
Control Projects, and
exemption from record
keeping provisions for
certain sources using the
actual-to-projected-
actual emissions
projections test are not
SIP approved. This
revision also
incorporates by reference
the other provisions of
40 CFR 52.21 as in effect
on July 1, 2003, which
supersedes any
conflicting provisions in
the Missouri rule. We are
conditionally approving
references to 10 CSR 10-
6.062 contained in the
last sentence of Section
(1)(B) and all of section
(1)(D). Section 9,
pertaining to hazardous
air pollutants, is not
SIP approved.
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[FR Doc. E6-16700 Filed 10-6-06; 8:45 am]
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