Federal Register / Vol. 72, No. 86 / Friday, May 4, 2007 / Rules and Regulations 25203 

Dated: April 24, 2007. 

Larry L. Hereth, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. E7–8508 Filed 5–3–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD01–07–048] 

Drawbridge Operation Regulations; 

Charles River and Its Tributaries, 

Boston, MA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the regulation governing 

the operation of the Massachusetts Bay 

Commuter Railroad (MBCR)/Amtrak 

Bridge across the Charles River, mile 

0.8, at Boston, Massachusetts. Under 

this temporary deviation, in effect for 

four weekends, the MBCR/Amtrak 

Bridge may remain in the closed 

position for five consecutive hours, each 

Friday evening from 11:59 p.m. through 

to 5 a.m. Saturday morning. From 5 a.m. 

on each Saturday morning through 

11:59 p.m. on each Sunday evening the 

bridge will open on signal on the hour 

only. Vessels that can pass under the 

draw without a bridge opening may do 

so at all times. This deviation is 

necessary to facilitate bridge track 

repairs. 

DATES: This deviation is effective from 

April 28, 2007 through May 20, 2007. 

ADDRESSES: Materials referred to in this 

document are available for inspection or 

copying at the First Coast Guard 

District, Bridge Branch Office, 408 

Atlantic Avenue, Boston, Massachusetts 

02110, between 7 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. The telephone number is (617) 

223–8364. The First Coast Guard 

District Bridge Branch Office maintains 

the public docket for this temporary 

deviation. 

FOR FURTHER INFORMATION CONTACT: John 

McDonald, Project Officer, First Coast 

Guard District, at (617) 223–8364. 

SUPPLEMENTARY INFORMATION: The 

MBCR/Amtrak Bridge, across the 

Charles River, mile 0.8, at Boston, 

Massachusetts, has a vertical clearance 

in the closed position of 3 feet at mean 

high water and 12 feet at mean low 

water. The existing drawbridge 

operation regulations are listed at 33 

CFR 117.591(c). 

The owner of the bridge, the 

Massachusetts Bay Commuter Railroad 

(MBCR), requested a temporary 

deviation to facilitate repairs to the 

bridge rails. 

Under this temporary deviation, in 

effect from Friday, April 27, 2007 

through Sunday May 20, 2007, the 

MBCR/Amtrak Bridge need not open for 

the passage of vessel traffic from 11:59 

p.m. on each Friday evening through 5 

a.m. each Saturday morning. From 5 

a.m. each Saturday morning through 

11:59 p.m. each Sunday evening the 

bridge shall open on signal, on the hour 

only. Vessels that can pass under the 

bridge without a bridge opening may do 

so at all times. 

This deviation from the operating 

regulations is authorized under 33 CFR 

117.35. 

Should the bridge maintenance 

authorized by this temporary deviation 

be completed before the end of the 

effective period published in this notice, 

the Coast Guard will rescind the 

remainder of this temporary deviation, 

and the bridge shall be returned to its 

normal operating schedule. Notice of 

the above action shall be provided to the 

public in the Local Notice to Mariners 

and the Federal Register, where 

practicable. 

Dated: April 26, 2007. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. E7–8612 Filed 5–3–07; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2007–0095; FRL–8309–3] 

Approval and Promulgation of 

Implementation Plans; State of 

Missouri 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving an 

amendment to the Missouri State 

Implementation Plan (SIP). This action 

approves an amendment to the SIPapproved Doe Run Herculaneum 

Consent Judgment to remove language 

specifying the exact bag technology to 

be used in the baghouses. Related 

performance standard requirements will 

remain unchanged. This action is 

independent and does not affect the 

revision to the Missouri SIP due in 

April 2007, in response to the SIP Call 

issued April 14, 2006, to bring the area 

of Herculaneum into compliance with 

the lead National Ambient Air Quality 

Standard. 

DATES: This direct final rule will be 

effective July 3, 2007, without further 

notice, unless EPA receives adverse 

comment by June 4, 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–2007–0095, by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

2. E-mail: yoshimura.gwen@epa.gov. 

3. Mail: Gwen Yoshimura, 

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 Gwen Yoshimura, 

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– 

0095. 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 

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 


cprice-sewell on DSK89S0YB1PROD with RULES
25204 Federal Register / Vol. 72, No. 86 / Friday, May 4, 2007 / Rules and Regulations 

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 to 4:30 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: 

Gwen Yoshimura at (913) 551–7073, or 

by e-mail at yoshimura.gwen@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 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 being addressed in this 

document? 

EPA established the National Ambient 

Air Quality Standard (NAAQS) for lead 

on October 5, 1978 (43 FR 46246). The 

standard for lead is set at a level of 1.5 

micrograms (μg) of lead per cubic meter 

(m3) of air, averaged over a calendar 

quarter. During the 1980s and 1990s, 

Missouri submitted and EPA approved 

a number of SIP revisions for lead to 

address ambient lead problems in 

various areas of the State. One such area 

was in Herculaneum, Missouri, which is 

the site of the Doe Run primary lead 

smelter. Doe Run-Herculaneum is the 

only currently operating primary lead 

smelter in the United States. 

The most recent SIP revisions for the 

Doe Run-Herculaneum area were 

published in the Federal Register on 

April 16, 2002 (67 FR 18497). The State 

submittal included a Consent Judgment 

entered into by the State and the Doe 

Run Company, which contained the 

control and contingency measures with 

enforceable dates for implementation. 

As part of the Consent Judgment, a Total 

Suspended Particulate (TSP) limit of 

0.022 grains per dry standard cubic foot 

was established for Number 7, 8, and 9 

Baghouse. The Consent Judgment 

further specified that Teflon membrane 

filter bags be used in these baghouses. 

Since implementing these 

specifications, Doe Run found that the 

Teflon filters resulted in operational 

issues such as bag cleaning and high 

operating pressure differentials which 

reduced bag life and led to higher 

maintenance. The bags that Doe Run 

proposes to install are spun-bound 

pleated filter elements that have 

approximately twice the filter area as 

the original bags. The manufacturer’s 

specifications state that this design 

significantly reduces the differential 

pressure and air-to-cloth ratios, 

resulting in improved performance and 

durability. The pleated bags must meet 

the current Total Suspended Particulate 

limits (0.022 grains per dry standard 

cubic foot) required in the Consent 

Judgment. MDNR has also modified the 

Consent Judgment to require a 

performance test to verify the new filter 

elements are meeting performance 

requirements. This action removes 

language referring to the exact bag 

technology while leaving the related 

performance standard requirements in 

place. This is an approvable change as 

it will not increase emissions and does 

not affect the stringency of the control 

requirement. 

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 

technical support document which is 

part of this document, the revision 


cprice-sewell on DSK89S0YB1PROD with RULES
Federal Register / Vol. 72, No. 86 / Friday, May 4, 2007 / Rules and Regulations 25205 

meets the substantive SIP requirements 

of the CAA, including section 110 and 

implementing regulations. 

What action is EPA taking? 

This action approves revision to the 

Missouri SIP-approved Doe Run 

Herculaneum Consent Judgment. The 

revision removes language referring to 

the exact bag technology while leaving 

the related performance standard 

requirements in place. We are 

processing this action as a direct final 

action because the revisions do not 

change performance standard 

requirements and are thus expected to 

be noncontroversial. Additionally, the 

revisions have gone through the 

Missouri approval process, including a 

public hearing and opportunity for 

public comments. EPA was the only 

party to provide comments during 

Missouri’s comment period. 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 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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by July 3, 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, Incorporation by 

reference, Intergovernmental relations, 

Lead, Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: April 26, 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(d) the table is amended 

by adding entry (24) at the end of the 

table to read as follows: 

§ 52.1320 Identification of plan. 

* * * * * 

(d) * * * 


cprice-sewell on DSK89S0YB1PROD with RULES
25206 Federal Register / Vol. 72, No. 86 / Friday, May 4, 2007 / Rules and Regulations 

EPA-APPROVED MISSOURI SOURCE-SPECIFIC PERMITS AND ORDERS

Name of source Order/permit number State effective date EPA approval date Explanation 

* * * * * * * 

(24) Doe Run Herculaneum, 

MO.

Consent Judgment Modification, CV301–0052CCJ1.12/20/05 5/4/07 [insert FR page number 

where the document begins].

* * * * * 

[FR Doc. E7–8560 Filed 5–3–07; 8:45 am] 

BILLING CODE 6560–50–P 


cprice-sewell on DSK89S0YB1PROD with RULES