[Federal Register Volume 77, Number 39 (Tuesday, February 28, 2012)]
[Rules and Regulations]
[Pages 11748-11750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4476]


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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.

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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

[[Page 11749]]

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.

DATES: This action is effective February 28, 2012.

FOR FURTHER INFORMATION CONTACT: Amy Bhesania at (913) 551-7147, or by 
email at <a href="/cdn-cgi/l/email-protection#791b111c0a1817101857181400391c0918571e160f"><span class="__cf_email__" data-cfemail="eb89838e988a85828ac58a8692ab8e9b8ac58c849d">[email protected]</span></a>.

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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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

[[Page 11750]]

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]

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 the table in paragraph (c) is amended by revising 
the title, ``St. Louis City Ordinance 65645'' to read as follows.


Sec.  52.1320  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Missouri Regulations
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                                                       State effective
       Missouri citation                Title                date          EPA approval date      Explanation
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                                    Missouri Department of Natural Resources
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                                                  * * * * * * *
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                                         St. Louis City Ordinance 68657
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                                                  * * * * * * *
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* * * * *

PART 70--[AMENDED]

0
3. The authority citation for Part 70 continues to read as follows:

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

Appendix A--[Amended]

0
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


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