11748 Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Rules and Regulations 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• 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); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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 action 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 April 30, 2012. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action 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 CAA 

section 307(b)(2), 42 U.S.C. 7607(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Greenhouse gases, 

Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: January 27, 2012. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

40 CFR part 52 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 RR—Tennessee 

■ 2. Section 52.2220(c) is amended 

under Chapter 1200–3–9 by revising the 

entry for ‘‘Section 1200–3–9–.01’’ to 

read as follows: 

§ 52.2220 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 1—EPA-APPROVED TENNESSEE REGULATIONS

State citation Title/subject State effective date EPA approval date Explanation 

*******

Chapter 1200–3–9 Construction and Operating Permits 

Section 1200–3–9–.01 ... Construction Permits .... 2/8/2011 2/28/2012 [Insert citation of publication].EPA is approving Tennessee’s May 28, 2009 

SIP revisions to Chapter 1200–3–9–.01 with 

the exception of the ‘‘baseline actual emissions’’ calculation revision found at 

1200–3–9–.01(4)(b)45(i)(III), (4)(b)45(ii)(IV), 

(5)(b)1(xlvii)(I)(III) and (5)(b)1(xlvii)(II)(IV) of 

the submittal. 

* * * * * * * 

* * * * * 

§ 52.2222 [Amended] 

■ 3. Section 52.2222 is amended by 

removing paragraph (d). 

[FR Doc. 2012–4471 Filed 2–27–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 70 

[EPA–R07–OAR–2011–0995; FRL–9634–8] 

Approval and Promulgation of 

Implementation Plans; State of 

Missouri 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; notice of 

administrative change and correction. 

SUMMARY: EPA is taking final action on 

administrative changes to the State 

Implementation Plan (SIP) and the 

Operating Permits Program. The first 

revision is an administrative change that 

codifies EPA’s prior approval of a SIP 

submission which re-numbers 

references to the St. Louis City Code 

local ordinance. The second revision is 

a correction which reinserts text that 


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Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Rules and Regulations 11749 

was inadvertently removed and reletters a paragraph which codifies a 

recent approval of revisions to 

Missouri’s Title V operating permits 

program related to the Submission of 

Emission Data, Emission Fees and 

Process Information. 

DATES: This action is effective February 

28, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Amy Bhesania at (913) 551–7147, or by 

email at bhesania.amy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

or ‘‘our’’ refer to EPA. 

Outline 

I. What is being addressed in this document? 

II. What action is EPA taking? 

I. What is being addressed in this 

document? 

EPA is taking final action on 

administrative changes to the State 

Implementation Plan (SIP) and the 

Operating Permits Program. On April 5, 

2011, Missouri submitted a SIP revision 

requesting to local ordinance numbers 

in the St. Louis City Code. EPA 

determined that the revision was a 

minor SIP revision without any 

substantive changes and complied with 

all applicable requirements of the CAA 

and EPA regulations concerning such 

SIP revisions. EPA approved this 

revision through letter notice to 

Missouri dated November 23, 2011 

consistent with the procedures outlined 

in EPA’s Notice of Procedural Changes 

on SIP processing published on January 

19th, 1989 at 54 FR 2214 and consistent 

with the procedures outlined in an 

April 6, 2011 memo from Janet McCabe, 

Deputy Assistant Administrator for the 

Office of Air and Radiation, regarding 

Regional Consistency for the 

Administrative Requirements of State 

Implementation. Today’s action merely 

codifies the November 23, 2011 

administrative amendment to the SIP. 

The second revision is a correction 

which reinserts text that was 

inadvertently removed and re-letters a 

paragraph which codifies a recent 

approval of revisions to Missouri’s Title 

V operating permits program related to 

the Submission of Emission Data, 

Emission Fees and Process Information 

that was finalized in 76 FR 77701, 

December 14, 2011. In that rule, EPA 

inadvertently removed the text in 40 

CFR part 70, app. A, from paragraph (v) 

for Missouri, and replaced it with new 

text which was the subject of that rule. 

EPA’s intent was to add the new text in 

a new paragraph rather than to replace 

existing text. This action reinstates the 

removed text in paragraph (v) and 

moves the current text in paragraph (v) 

to new paragraph (z). 

II. What action is EPA taking? 

EPA is taking final action on 

administrative changes to the Missouri 

SIP and Operating Permits Program. 

EPA has determined that today’s action 

falls under the ‘‘good cause’’ exemption 

in the section 553(b)(3)(B) of the 

Administrative Procedure Act (APA) 

which, upon finding ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation and section 

553(d)(3) which allows an agency to 

make an action effective immediately 

(thereby avoiding the 30-day delayed 

effective date otherwise provided for in 

the APA). With respect to the SIP 

revision described above, today’s 

administrative action simply codifies 

provisions which are already in effect as 

a matter of law in Federal and approved 

state programs. With respect to the 

revision to the Missouri Title V 

operating permit program, this action 

merely corrects an error in the 

designation of paragraphs reflecting 

previously approved revisions to the 

Missouri program. Under section 553 of 

the APA, an agency may find good 

cause where procedures are 

‘‘impractical, unnecessary, or contrary 

to the public interest.’’ Public comment 

for this administrative action is 

‘‘unnecessary’’ because the revisions are 

administrative and non-substantive in 

nature. Immediate notice of this action 

in the Federal Register benefits the 

public by providing the public notice of 

the updated Missouri SIP and Title V 

program. 

Approval of these revisions will 

ensure consistency between state and 

Federally-approved rules. EPA has 

determined that these changes will not 

relax the SIP or adversely impact air 

emissions. 

Statutory and Executive Order Reviews 

Under the Clean Air Act (CAA), the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the CAA. Accordingly, 

this action merely approves state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• 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); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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 action 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 


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11750 Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Rules and Regulations 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by April 30, 2012. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action 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, Incorporation by 

reference. 

40 CFR Part 70 

Environmental protection, Air 

pollution control, Operating permits. 

Dated: February 9, 2012. 

Karl Brooks, 

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 the table in paragraph 

(c) is amended by revising the title, ‘‘St. 

Louis City Ordinance 65645’’ 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 

*******

St. Louis City Ordinance 68657 

*******

* * * * * 

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, Missouri, is 

amended by redesignating existing 

paragraph (v) as new paragraph (z) and 

by adding a new paragraph (v) to read 

as follows: 

Appendix A to Part 70—Approval 

Status of State and Local Operating 

Permits Programs 

* * * * * 

Missouri 

* * * * * 

(v) 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 21, 2007; 

approval of section (3)(D) effective November 

14, 2008. 

* * * * * 

[FR Doc. 2012–4476 Filed 2–27–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 281 

[EPA–R10–UST–2011–0896; FRL 9640–1] 

Idaho: Final Approval of State 

Underground Storage Tank Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final determination. 

SUMMARY: The State of Idaho has 

applied for final approval of its 

underground storage tank program for 

petroleum and hazardous substances 

under subtitle I of the Resource 

Conservation and Recovery Act (RCRA). 

The United States Environmental 

Protection Agency (EPA) has reviewed 

the State of Idaho’s application and has 

made a final determination that the 

State of Idaho’s underground storage 

tank program for petroleum and 

hazardous substances satisfies all of the 

requirements necessary to qualify for 

final approval. Thus, EPA is granting 

final approval to the State of Idaho to 

operate its underground storage tank 

program for petroleum and hazardous 

substances. 

DATES: Effective Date: Final approval for 

the State of Idaho shall be effective on 

February 28, 2012. 

FOR FURTHER INFORMATION CONTACT: Erik 

Sirs, U.S. Environmental Protection 

Agency, Region 10, 1435 North Orchard, 

Boise, ID 83706, phone number: (208) 

378–5762, email: sirs.erik@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 9004 of the Resource 

Conservation and Recovery Act (RCRA), 

42 U.S.C. 6991c, authorizes EPA to 

approve underground storage tank 

programs to operate in the State in lieu 

of the federal underground storage tank 

(UST) program. To qualify for final 

approval, a state’s program must be ‘‘no 

less stringent’’ than the federal program 

in all eight elements set forth at section 

9004(a)(1) through (7) and (9) of RCRA, 

42 U.S.C. 6991c(a)(1) through (7) and 

(9); include the notification 

requirements of RCRA section 

9004(a)(8) and provide for adequate 

enforcement of compliance with UST 

standards (section 9004(a) of RCRA, 42 

U.S.C. 6991c(a)). Note that the Energy 

Policy Act of 2005 added state-specific 

operator training requirements as a state 

program approval element in section 

9004(a)(9). Although, EPA has not yet 

established performance criteria in 40 

CFR part 281 for making a no-lessstringent determination for the operator 

training element, EPA finds Idaho’s 

operator training requirements to be 

consistent with Operator Training Grant 


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