64156 Federal Register / Vol. 65, No. 208 / Thursday, October 26, 2000 / Rules and Regulations

EPA APPROVED TEXAS SOURCE-SPECIFIC REQUIREMENTS—Continued

Name of source Permit No.

State

approval/

submittal

date

EPA approval date Explanation

Eastman Chemical Company, Texas

Operations, Longview, Harrison

County, Texas.

Agreed Order No. 2000–

0033–SIP.

04/19/2000 [Insert publication date

and Federal Register

cite].

H/GA, D/FW, and B/PA, Texas 1-

hour ozone standard attainment

demonstrations.

[FR Doc. 00–27029 Filed 10–25–00; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MO 108–1108; FRL–6890–3]

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) pertaining to

a revision to a St. Louis city ordinance

and to a revision and revocation of three

St. Louis city issued incinerator permits.

The effect of this action is to ensure

Federal enforceability of the local

agency’s air program rules and to

maintain consistency between the local

agency adopted rules and the approved

SIP.

DATES: This rule is effective on

December 26, 2000, without further

notice, unless EPA receives adverse

written comment by November 27,

2000. If EPA receives such comments, it

will publish a timely withdrawal of the

direct final rule in the Federal Register

and inform the public that the rule will

not take effect.

ADDRESSES: Written comments must be

submitted to Wayne Kaiser, Air

Planning and Development Branch, 901

North 5th Street, Kansas City, Kansas

66101.

Copies of documents relative to this

action are available for public

inspection during normal business

hours at the above listed Region 7

location. 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:

Wayne Kaiser at (913) 551–7603.

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 EPA

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 Federally

enforceable 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?

On May 22, 2000, we received a

request from the Missouri Department of

Natural Resources (MDNR) to amend the

SIP to approve revisions to a St. Louis

city ordinance and incinerator permits.

On April 22, 1998, (63 FR 19823) EPA

approved a revision to the Missouri SIP

which incorporated two sections of St.

Louis City air pollution control

Ordinance No. 59270. These two

sections pertained to open burning

restrictions and related definitions. In

the same action, EPA also approved

three medical waste incinerator permits

issued by the city of St. Louis.

In 1999, the city updated the

provisions of this Ordinance by

adopting replacement Ordinance No.

64749. A few of the revisions in the new

Ordinance pertained to the SIPapproved sections mentioned above.

SIP-approved revisions in the new

Ordinance consist of renumbering of the

definitions and the addition of a

Federal Register / Vol. 65, No. 208 / Thursday, October 26, 2000 / Rules and Regulations 64157

definition for vegetation. In order to

maintain consistency between the local

agency approved SIP rules and the

Federally approved SIP, the city

requested that the state submit the

relevant provisions of the new

Ordinance as a SIP revision and that

EPA rescind approval of the old

Ordinance. At the same time, the city

determined that two of the SIP approved

incinerator permits were no longer

necessary since the sources were closed.

The city subsequently revoked the

permits for these sources and as part of

this submittal has requested that these

permits be rescinded from the SIP.

Finally, the third permit was modified

to update a reference to the Ordinance

number. This modification was

accomplished by way of a letter from

the St. Louis Division of Air Pollution

Control to Tim Hill, Energy Center

Director, St. Louis University Hospital,

St. Louis, Missouri, dated January 31,

2000.

With respect to the air pollution

control revisions in Ordinance No.

64749, EPA is approving the following:

Section 7—Definitions; Open burning,

Refuse (omitting the phrase ‘‘other than

liquids or gases’’), Salvage operation,

Trade waste, Vegetation, and Section

17—Open Burning Restrictions.

With respect to the incinerator

permits, EPA is approving the state’s

request to remove from the SIP permits

numbered 96–10–083 and 96–10–084

issued to Washington University School

of Medicine, and is approving the

revision contained in the city’s letter of

January 31, 2000, for the St. Louis

University Hospital incinerator.

A technical support document (TSD)

containing additional information and

background material for this action has

been prepared and is available from the

EPA contact listed above.

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 TSD

which is part of this document, the

revision meets the substantive SIP

requirements of the CAA, including

section 110 and implementing

regulations.

What Action Is EPA Taking?

We are processing this action as a

final action because the revisions make

routine changes to the existing SIP

which are noncontroversial. Therefore,

we do not anticipate any adverse

comments.

Conclusion

We are approving the state’s request

to amend the SIP by rescinding the SIP

approved provisions of St. Louis City

Ordinance No. 59270 and concurrently

approving in Ordinance No. 64794,

certain definitions in section 7—

Definitions, and section 17—Open

Burning. We are also approving a

revision to the incinerator permit for St.

Louis University Hospital, and deleting

two incinerator permits for Washington

University School of Medicine.

Administrative Requirements

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. 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

preexisting 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). For

the same reason, this rule also does not

significantly or uniquely affect the

communities of tribal governments, as

specified by Executive Order 13084 (63

FR 27655, May 10, 1998). 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

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 (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. As required by section 3 of

Executive Order 12988 (61 FR 4729,

February 7, 1996), in issuing this rule,

we have taken the necessary steps to

eliminate drafting errors and ambiguity,

minimize potential litigation, and

provide a clear legal standard for

affected conduct. EPA has complied

with Executive Order 12630 (53 FR

8859, March 15, 1988) by examining the

takings implications of the rule in

accordance with the ‘‘Attorney

General’s Supplemental Guidelines for

the Evaluation of Risk and Avoidance of

Unanticipated Takings’’ issued under

the Executive Order. 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. 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. 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 December 26, 2000. 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).)

64158 Federal Register / Vol. 65, No. 208 / Thursday, October 26, 2000 / Rules and Regulations

List of Subjects 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Lead, Nitrogen dioxide, Ozone,

Particulate matter, Reporting and

recordkeeping requirements, Sulfur

oxides.

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

Dated: October 6, 2000.

William Rice,

Acting 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. Section 52.1320(c) is amended by

removing the heading and entries for

‘‘St. Louis City Ordinance 59270’’ and

adding in its place the new heading and

entries shown below.

§ 52.1320 Identification of plan.

* * * * *

(c) * * *

EPA-APPROVED MISSOURI REGULATIONS

Missouri citation Title

State

effective

date

EPA approval date Explanation

*******

St. Louis City Ordinance 64749

Section 7 ................ Definitions ......................... 4/27/00 10/26/00 and FR

cite.

The phrase ‘‘other than liquids or gases’’ in the Refuse

definition has not been approved.

Section 17 .............. Open Burning ................... 4/27/00 10/26/00 and FR

cite.

3. Section 52.1230(d) is amended

under the heading ‘‘St. Louis City

Incinerator Permits’’ by deleting the two

entries for Washington University

School of Medicine and adding an entry

at the end of the table for St. Louis

University.

(d) * * *

EPA—APPROVED STATE SOURCE-SPECIFIC PERMITS AND ORDERS

Name of source Order/permit No.

State

effective

date

EPA approval date Explanation

*******

St. Louis University ....................................... Permit Matter No. 00–01–004 ...................... 1/31/00 10/26/00 and FR

cite.

* * * * *

[FR Doc. 00–27146 Filed 10–25–00; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 70

[MO 116–1116a; FRL–6890–4]

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) pertaining to

the state’s Submission of Emission Data,

Emission Fees, and Process Information

rule. EPA is also approving this rule as

it pertains to Missouri’s part 70

operating permits program. EPA is also

approving the state’s request to remove

from the SIP the General Organization

rule. The effect of this action is to

ensure Federal enforceability of the

state’s air program rule revisions and to

maintain consistency between the stateadopted rules and the approved SIP and

part 70 programs.

DATES: This direct final rule is effective

on December 26, 2000, without further

notice, unless EPA receives adverse

written comment by November 27,

2000. If EPA receives such comments, it

will publish a timely withdrawal of the

direct final rule in the Federal Register

and inform the public that the rule will

not take effect.

ADDRESSES: Written comments must be

submitted to Wayne Kaiser, Air

Planning and Development Branch, 901

North 5th Street, Kansas City, Kansas

66101.

Copies of documents relative to this

action are available for public

inspection during normal business

hours at the above listed Region 7

location. 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:

Wayne Kaiser at (913) 551–7603.

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 Being Addressed in This Action?

Have the Requirements for Approval of a SIP

Revision Been Met?

What Action Is EPA Taking?

What Is a SIP?