Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Rules and Regulations 10613 

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 May 8, 2007. 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 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, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: February 27, 2007. 

John B. Askew, 

Regional Administrator, Region 7. 

■ Chapter I, Title 40 of the Code of 

Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for Part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart AA—Missouri 

■ 2. In § 52.1320(c) the table is amended 

under Chapter 5 by revising the entry 

for ‘‘10–5.300’’ to read as follows: 

§ 52.1320 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED MISSOURI REGULATIONS

Missouri citation Title State effective 

date EPA approval date Explanation 

Missouri Department of Natural Resources 

* * * * * * * 

Chapter 5—Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area 

* * * * * * * 

10–5.300 ................... Control of Emissions from Solvent Metal Cleaning.11/30/06 3/9/07 [insert FR page 

number where the 

document begins].

* * * * * * * 

* * * * * 

[FR Doc. E7–4300 Filed 3–8–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 70 

[EPA–R07–OAR–2007–0041; FRL–8284–8] 

Approval and Promulgation of 

Implementation Plans and Operating 

Permits Program; State of Missouri 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving revisions to 

the Missouri State Implementation Plan 

(SIP) and Operating Permits Program. 

EPA is approving a revision to the 

Missouri rule entitled ‘‘Submission of 

Emission Data, Emission Fees, and 

Process Information.’’ This revision will 

ensure consistency between the state 

and the Federally-approved rules. 

DATES: This direct final rule will be 

effective May 8, 2007, without further 

notice, unless EPA receives adverse 

comment by April 9, 2007. 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: Submit your comments, 

identified by Docket ID No. EPA–R07–

OAR–2007–0041, by one of the 

following methods: 

1. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: algoe-eakin.amy@epa.gov. 

3. Mail: Amy Algoe-Eakin, 

Environmental Protection Agency, Air 

Planning and Development Branch, 901 

North 5th Street, Kansas City, Kansas 

66101. 

4. Hand Delivery or Courier. Deliver 

your comments to Amy Algoe-Eakin, 

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–2007–

0041. 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 


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10614 Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Rules and Regulations 

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 

electronic 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, is not placed on 

the Internet and 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 a.m. to 4:30 p.m. 

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: 

Amy Algoe-Eakin at (913) 551–7942, or 

by e-mail at algoe-eakin.amy@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 the Part 70 operating permits 

program? 

What is the Federal approval process for an 

operating permits program? 

What is being addressed in this document? 

Have the requirements for approval of a SIP 

revision and Part 70 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 us 

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 Federallyenforceable 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 stateauthorized 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 the part 70 Operating Permits 

Program? 

The CAA Amendments of 1990 

require all states to develop operating 

permits programs that meet certain 

Federal criteria. In implementing this 

program, the states are to require certain 

sources of air pollution to obtain 

permits that contain all applicable 

requirements under the CAA. One 

purpose of the part 70 operating permits 

program is to improve enforcement by 

issuing each source a single permit that 

consolidates all of the applicable CAA 

requirements into a Federallyenforceable document. By consolidating 

all of the applicable requirements for a 

facility into one document, the source, 

the public, and the permitting 

authorities can more easily determine 

what CAA requirements apply and how 

compliance with those requirements is 

determined. 

Sources required to obtain an 

operating permit under this program 

include ‘‘major’’ sources of air pollution 

and certain other sources specified in 

the CAA or in our implementing 

regulations. For example, all sources 

regulated under the acid rain program, 

regardless of size, must obtain permits. 

Examples of major sources include 

those that emit 100 tons per year or 

more of volatile organic compounds, 

carbon monoxide, lead, sulfur dioxide, 

nitrogen dioxide, or PM10; those that 

emit 10 tons per year of any single 

hazardous air pollutant (HAP) 

(specifically listed under the CAA); or 

those that emit 25 tons per year or more 

of a combination of HAPs. 

Revision to the state and local 

agencies operating permits program are 

also subject to public notice, comment, 

and our approval. 

What is the Federal approval process 

for an operating permits program? 

In order for state regulations to be 

incorporated into the Federallyenforceable Title V operating permits 

program, states must formally adopt 

regulations consistent with state and 


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Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Rules and Regulations 10615 

Federal requirements. This process 

generally includes a public notice, 

public hearing, public comment period, 

and a formal adoption by a stateauthorized rulemaking body. 

Once a state rule, regulation, or 

control strategy is adopted, the state 

submits it to us for inclusion into the 

approved operating permits program. 

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 502 of the CAA are incorporated 

into the Federally-approved operating 

permits program. Records of such 

actions are maintained in the CFR at 

Title 40, part 70, appendix A, entitled 

‘‘Approval Status of State and Local 

Operating Permits Programs.’’

What is being addressed in this 

document? 

Missouri, in its letter of December 11, 

2006, requested that EPA approve a 

revision to the SIP and Operating 

Permits Program to include revisions to 

rule 10 CSR 10–6.110, ‘‘Submission of 

Emission Data, Emission Fees, and 

Process Information’’. This rule deals 

with submittal of emissions 

information, emission fees, and public 

availability of emissions data. It 

provides procedures for collection, 

recording, and submittal of emissions 

data and process information on statesupplied Emission Inventory 

Questionnaire and Emission Statement 

forms so that the state can calculate 

emissions for the purpose of state air 

resource planning. 

By state statute and to meet EPA 

requirements under the Title V program, 

the emission fees are set annually to 

fund the reasonable cost of 

administering the program. The 

Missouri Department of Natural 

Resources (MDNR) continually 

evaluates the Operating Permits 

Program financial situation. Section 

(3)(D)1. established the emissions fee of 

$34.50 per ton of regulated air pollutant 

starting for calendar year 2005 which 

remains the fee for calendar year 2006. 

This revision merely changes the text 

from calendar year 2005 to 2006. 

Subsection (3)(D)2.E. was revised to 

change the due date for emission fees 

from the previous year to be due on June 

1 instead of April 1, for all Standard 

Industrial Classifications. 

Subsection (3)(D)2.F. was revised to 

change the due date for Emission 

Inventory Questionnaire forms from 

April 1 to June 1 for all Standard 

Industrial Classifications. 

The rule revisions do not change the 

stringency of the SIP or Title V program 

and the revisions otherwise meet the 

EPA requirements for both programs. 

Have the requirements for approval of 

the SIP revision and Part 70 revision 

been met? 

The submittal satisfied the 

completeness criteria of 40 CFR part 51, 

appendix V. In addition, the state 

submittal has met the public notice 

requirements for SIP submission in 

accordance with 40 CFR 51.102 and met 

the substantive SIP requirements of the 

CAA including section 110 and 40 CFR 

51.211, relating to submission of 

emissions data. 

Finally, the submittal met the 

substantive requirements of Title V of 

the 1990 CAA Amendments and 40 CFR 

part 70, including the requirement in 40 

CFR 70.9 relating to emission fees. 

What action is EPA taking? 

We are approving revisions to the 

Missouri SIP and incorporating the 

revised rule 10 CSR 10–6.110, 

‘‘Submission of Emissions Data, 

Emission Fees, and Process 

Information.’’

We are also approving sections 

(3)(D)1, and (3)(D)2.E., and (3)(D)2.F. of 

this rule as program revisions to the 

state’s Part 70 Operating Permits 

Program. 

We are processing this action as a 

direct final action because the revisions 

make routine changes to the existing 

rules which are noncontroversial, and 

make regulatory revisions required by 

state statute. 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 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 approves a 

state rule implementing a Federal 

standard. 

In reviewing SIP and Title V permit 

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 

state submission for failure to use VCS. 

It would thus be inconsistent with 

applicable law for EPA, when it reviews 

a state submission, to use VCS in place 

of a state 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 


erjones on PRODPC74 with RULES
10616 Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Rules and Regulations 

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 May 8, 2007. 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 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 

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. 

40 CFR Part 70 

Administrative practice and 

procedure, Air pollution control, 

Intergovernmental relations, Operating 

permits, Reporting and recordkeeping 

requirements. 

Dated: February 27, 2007. 

John B. Askew, 

Regional Administrator, Region 7. 

■ Chapter I, Title 40 of the Code of 

Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for Part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart AA—Missouri 

■ 2. In § 52.1320(c) the table is amended 

under Chapter 6 by revising the entry 

for ‘‘10–6.110’’ to read as follows: 

§ 52.1320 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED MISSOURI REGULATIONS

Missouri citation Title State effective 

date EPA approval date Explanation 

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 

* * * * * * * 

10–6.110 ................... Submission of Emission Data, Emission Fees, 

and Process Information.

12/30/06 3/9/07 [insert FR page 

number where the 

document begins].

Section (3)(D), Emissions Fees, has not 

been approved as 

part of the SIP. 

* * * * * * * 

* * * * * 

PART 70—[AMENDED] 

■ 3. The authority citation for Part 70 

continues to read as follows: 

Authority: 42 U.S.C. 7401, et seq. 

Appendix A—[Amended] 

■ 4. Appendix A to Part 70 is amended 

by adding paragraph (u) under Missouri 

to read as follows: 

Appendix A to Part 70—Approval 

Status of State and Local Operating 

Permits Programs 

* * * * * 

Missouri 

* * * * * 

(u) The Missouri Department of Natural 

Resources submitted revisions to Missouri 

rule 10 CSR 10–6.110, ‘‘Submission of 

Emission Data, Emission Fees, and Process 

Information’’ on December 11, 2006; 

approval of sections (3)(D)1., (3)(D)2.E., and 

(3)(D)2.F. effective May 8, 2007. 

* * * * * 

[FR Doc. E7–4176 Filed 3–8–07; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Health Resources and Services 

Administration 

42 CFR Part 121 

RIN 0906AA62 

Organ Procurement and 

Transplantation Network 

AGENCY: Health Resources and Services 

Administration, HHS. 

ACTION: Final rule. 

SUMMARY: This Final Rule sets forth the 

Secretary’s decision to include 

intestines within the definition of 

organs covered by the regulations 

governing the operations of the Organ 

Procurement and Transplantation 


erjones on PRODPC74 with RULES