

[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
----------------------------------------------------------------------------------------------------------------
                                    Missouri Department of Natural Resources
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                                                  * * * * * * *
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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]]


                                                  * * * * * * *
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]

BILLING CODE 6560-50-P
