17086 Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules and Regulations 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 0023.1 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that this action is one 

of a category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves the establishment of a safety 

zone for the conduct of a fireworks 

display and is necessary in the interests 

of safety for mariners, spectators, and 

persons involved in the display. 

An environmental analysis checklist 

and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add temporary § 165.T11–153 to 

read as follows: 

§ 165.T11–153 Safety Zone; Tyco 

Electronics Fireworks Display; San Diego 

Bay, San Diego, CA. 

(a) Location. The following area is a 

safety zone: the navigable waters 

extending out 250 feet from all points of 

the USS Midway located at 

approximately 32°42.52′ N, 117°10.35′ 

W. 

(b) Enforcement Period. This section 

will be enforced from 8:30 p.m. to 9 

p.m. on April 21, 2009. If the event 

concludes prior to the scheduled 

termination time, the Captain of the Port 

will cease enforcement of this safety 

zone and will announce that fact via 

Broadcast Notice to Mariners. 

(c) Definitions. The following 

definition applies to this section: 

designated representative, means any 

commissioned, warrant, and petty 

officers of the Coast Guard on board 

Coast Guard, Coast Guard Auxiliary, or 

local, state, and federal law enforcement 

vessels who have been authorized to act 

on the behalf of the Captain of the Port. 

(d) Regulations. (1) Entry into, transit 

through or anchoring within this safety 

zone is prohibited unless authorized by 

the Captain of the Port of San Diego or 

his designated on-scene representative. 

(2) Mariners requesting permission to 

transit through the safety zone may 

request authorization to do so from the 

Sector San Diego Command Center. The 

Command Center may be contacted on 

VHF–FM Channel 16. 

(3) All persons and vessels shall 

comply with the instructions of the 

Coast Guard Captain of the Port or the 

designated representative. 

(4) Upon being hailed by U.S. Coast 

Guard patrol personnel by siren, radio, 

flashing light, or other means, the 

operator of a vessel shall proceed as 

directed. 

(5) The Coast Guard may be assisted 

by other federal, state, or local agencies. 

Dated: March 6, 2009. 

T.H. Farris, 

Captain, U.S. Coast Guard, Captain of the 

Port San Diego. 

[FR Doc. E9–8492 Filed 4–13–09; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 70 

[EPA–R07–OAR–2008–0793; FRL–8791–6] 

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 taking direct final 

action to approve a revision to the State 

Implementation Plan (SIP) and 

Operating Permits Program to amend 

the definitions provisions of the rules by 

adding definitions for stage I/II vapor 

recovery systems and outstate area, 

updating the lists of volatile organic 

compounds and hazardous air 

pollutants for consistency with the 

Environmental Protection Agency (EPA) 

lists, removing unnecessary definitions, 

and making typographical corrections 

and clarifications. Approval of this 

revision will ensure consistency 

between the state and the Federallyapproved rules. 

DATES: This direct final rule will be 

effective June 15, 2009, without further 

notice, unless EPA receives adverse 

comment by May 14, 2009. 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–2008–0793, by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

2. E-mail: bhesania.amy@epa.gov. 

3. Mail or Hand Delivery: Amy 

Bhesania, 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–2008– 

0793. 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 

cannot read your comment due to 

Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules and Regulations 17087 

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 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 Bhesania at (913) 551–7147, or by 

e-mail at bhesania.amy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

or ‘‘our’’ refer to 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 a 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 Federally-enforceable 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 source 

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. 

Revisions to the state 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 Federally 

enforceable Title V operating permits 

program, states must formally adopt 

regulations consistent with state and 

Federal requirements. This process 

generally includes a public notice, 

public hearing, pubic comment period, 

and 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, 

17088 Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules and Regulations 

‘‘Approval Status of State and Local 

Operating Permits Programs.’’ 

What is being addressed in this 

document? 

EPA is approving revisions to the 

Missouri SIP and operating permits 

program which revise the definitions 

provisions of the rule by adding 

definitions for stage I/II vapor recovery 

systems and ‘‘outstate area’’ (areas 

outside metropolitan areas such as 

Kansas City and St. Louis), updating the 

lists of volatile organic compounds and 

hazardous air pollutants for consistency 

with the EPA lists, removing 

unnecessary definitions, and making 

typographical corrections and 

clarifications. 

The state removed numerous 

definitions that are no longer used 

anywhere throughout the state 

regulations. Because they are 

unnecessary, the deletion does not 

substantively impact the regulations. 

Definitions revised are as follows: 

adverse impact on visibility (adding a 

reference to a table in the rule 

identifying class I areas in Missouri) and 

delivery vessel (deleting the term 

‘‘drum’’ from the definition). The phrase 

‘‘potential to emit’’ is revised to clarify 

that enforceable permit conditions 

which may be considered in 

determining potential emissions include 

conditions relating to application of 

pollution control equipment and other 

conditions (such as limits on operating 

rates and hours of operation). Any of 

these limits, under the state rule, must 

be contained in Federally-enforceable 

permit conditions in order to be 

considered in the calculation of 

potential emissions. (For example, 

limits based on use of pollution control 

equipment must be contained in a 

Federally-enforceable permit condition 

in order to be considered in the 

calculation under the state rule.) The 

revisions to these definitions are for 

clarification and do not adversely affect 

the stringency of the SIP or the 

operating permits program. 

The terms and definitions added to 

the SIP are as follows: Outstate area— 

Any area throughout the state except the 

City of St. Louis and St. Charles, St. 

Louis, Jefferson, Franklin, Clay, Cass, 

Buchanan, Ray, Jackson, Platte and 

Green Counties; Stage I vapor recovery 

system—A system used to capture the 

gasoline vapors that would otherwise be 

emitted when gasoline is transferred 

from a loading installation to a delivery 

vessel or from a delivery vessel to a 

storage tank; and Stage II vapor recovery 

system—A system used to capture the 

gasoline vapors that would otherwise be 

emitted when gasoline is dispensed into 

a vehicle fuel tank by routing vapors 

back to the fuel storage tank. These 

provisions merely provide clarification 

of terms used in the regulations and do 

not substantively change the 

requirements. 

The definitions were renumbered as 

appropriate due to the deletions and 

additions. 

Revisions were made to the table of 

compounds not considered volatile 

organic compounds because of their 

known lack of participation in the 

atmospheric reactions to produce ozone. 

Revisions include deletions, corrections 

and additions which are consistent with 

EPA regulations and do not adversely 

affect the stringency of the SIP or the 

operating permits program. Deletions 

and corrections were also made to 

General Provisions, Table 3, Hazardous 

Air Pollutants. 

Have the requirements for approval of 

a SIP revision and a Part 70 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. The substantive 

requirements of Title V of the 1990 CAA 

Amendments and 40 CFR part 70 have 

been met as well. 

What action is EPA taking? 

We are approving the request to 

amend the Missouri SIP and operating 

permits program. This revision will 

amend the definitions provisions of the 

rules by adding definitions for stage I/ 

II vapor recovery systems and outstate 

area, updating the lists of volatile 

organic compounds and hazardous air 

pollutants for consistency with the EPA 

lists, as well as removing unused 

definitions and making typographical 

corrections and clarifications. 

Approval of this revision will ensure 

consistency between the state and the 

Federally-approved rules. EPA has 

determined that these changes will not 

relax the SIP or adversely impact air 

emissions and will not substantively 

change the 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 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 

Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules and Regulations 17089 

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 

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 June 15, 2009. 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the final 

rulemaking. 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, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

40 CFR Part 70 

Administrative practice and 

procedure, Air pollution control, 

Intergovernmental relations, Operating 

permits, Reporting and recordkeeping 

requirements. 

Dated: April 3, 2009. 

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. In § 52.1320(c) the table is amended 

under Chapter 6 by revising the entry 

for ‘‘10–6.020’’ 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 

* * * * * * * 

10–6.020 ...... Definitions and Common Reference 

Tables.

9/30/08 4/14/09 [insert FR page number 

where the document begins].

* * * * * * * 

* * * * * 

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 

in the entry for Missouri by adding 

paragraph (w) to read as follows: 

Appendix A to Part 70—Approval 

Status of State and Local Operating 

Permits Programs 

* * * * * 

Missouri 

* * * * * 

(w) The Missouri Department of Natural 

Resources submitted revisions to Missouri 

rule 10 CSR 10–6.020, ‘‘Definitions and 

Common Reference Tables,’’ on September 5, 

2008, approval effective May 14, 2009. 

* * * * * 

[FR Doc. E9–8487 Filed 4–13–09; 8:45 am] 

BILLING CODE 6560–50–P