Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations 53137 

* * * * * 

[FR Doc. E8–21312 Filed 9–12–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 70 

[EPA–R07–OAR–2008–0614; FRL–8713–8] 

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 

Missouri State Implementation Plan 

(SIP) and Operating Permits Program. 

EPA is approving a revision to the 

Missouri rule entitled ‘‘Submission of 

Emission Data, Emission Fees, and 

Process Information.’’ These revisions 

will establish emission fees for the 

Missouri facilities as required annually, 

align state rule reporting requirements 

with the Federal Consolidated Emission 

Reporting Rule (CERR), and decrease the 

required Emissions Inventory 

Questionnaire (EIQ) reporting frequency 

for affected installations. 

DATES: This direct final rule will be 

effective November 14, 2008, without 

further notice, unless EPA receives 

adverse comment by October 15, 2008. 

If EPA receives adverse comment, we 

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–2008–0614, by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

2. E-mail: algoe-eakin.amy@epa.gov. 

3. Mail or Hand Delivery: Amy AlgoeEakin, 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– 

0614. 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 

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, 

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: 

Amy Algoe-Eakin at (913) 551–7942, or 

by e-mail at algoe-eakin.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 


jlentini on PROD1PC65 with RULES
53138 Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations 

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 Federallyenforceable 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 sources 

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 Federallyenforceable 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, 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 

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 

‘‘Approval Status of State and Local 

Operating Permits Programs.’’ 

What is being addressed in this 

document? 

Missouri, in its letter of December 21, 

2007, requested that EPA approve a 

revision to the SIP and Title V operating 

permits program to include revisions to 

rule 10 CSR 10–6.110, ‘‘Submission of 

Emission Data, Emission Fees, and 

Process Information.’’ This rule deals 

with submittal of emissions 

information, emission fees, and public 

availability of emissions data. It 

provides procedures for collection, 

recording, and submittal of emissions 

data and process information on statesupplied Emission Inventory 

Questionnaire (EIQ) forms and Emission 

Statement forms so that the state can 

calculate emissions for the purpose of 

state air resource planning. In addition, 

these forms provide a basis for the 

assessment of emissions fees for the 

Title V operating permit program. The 

revisions were made to align state 

reporting requirements with the Federal 

Consolidated Emissions Reporting Rule 

(CERR), to update references in the rule, 

and to decrease the required EIQ 

reporting frequency for affected 

installations. Revisions to 10 CSR 10– 

6.110 are described in the following 

paragraphs. 

Subsection (1)(A), and paragraphs 

(3)(A)2, (3)(A)3, and (3)(A)4 were 

revised to renumber the reference to the 

Reporting Frequency table from (3)(A)5 

to (3)(A)6. This is an administrative 

amendment which does not change any 

substantive provisions in the rule. 

Subsection (1)(B) was revised to align 

state reporting requirements with the 

Federal CERR. These changes are 

consistent with and, in some cases, 

more stringent than the CERR. This rule 

was revised to clarify that annual 

reporting of volatile organic 

compounds, nitrous oxides and carbon 

monoxide is required in nonattainment 

areas. A provision was added that 

indicates any changes to the annual 

emissions statement form will be 

presented to the regulated community 

for a forty-five day public comment 

period. 

Section (2) identifies definitions and 

added subsections (2)(A), (2)(B), (2)(C), 

and (2)(D) to include Peak Ozone 

Season, CERR, Reporting Year, and a 

reference for other terms as specified in 

10 CSR 10–6.020. 

Paragraph (3)(A)3 was revised to 

change the due date of EIQ forms from 

ninety (90) days after the end of the 

reporting period, to June 1 of each year, 

and to delete a redundant sentence. 

Paragraph (3)(A)4 was revised to align 

state reporting requirements with the 

Federal CERR by clarifying reporting 

thresholds for ozone nonattainment 

areas and to add the word ‘‘pollutant.’’ 

These changes are consistent with and, 

in some cases, more stringent than the 

CERR. 

Paragraphs (3)(A)6 and (3)(A)5 were 

renumbered. The Reporting Frequency 

table under the newly renumbered 

paragraph (3)(A)6 was modified to add 

separate reporting frequency 

requirements (every three years rather 

than annually) for installations required 

to obtain a Basic State Operating Permit 

under 10 CSR 10–6.065. Under 

Missouri’s rules, ‘‘basic’’ sources are 

small sources to which EPA’s reporting 

rules do not apply. Paragraphs within 

the reporting frequency table were 

renumbered. For sources smaller than 

basic sources, the reporting frequency 

was changed from five to six years. 

These latter sources are also not covered 

by EPA’s reporting rules. 

Finally, paragraph 5 of the table was 

revised to clarify that sources of ozone 

precursors and carbon monoxide, in 

ozone nonattainment areas, must file 

annual reports if they emit 10 or more 

tons of any of these (non-major) 

pollutants during a peak ozone season. 

By state statute, the emission fees are 

set annually to fund the reasonable cost 

of administering the program. Missouri 

continually evaluates the operating 

permits program financial situation. 

Revisions to subsection (3)(D) address 

changes to the Missouri operating 

permits program. 

Paragraph (3)(D)1 was revised to 

increase the emissions fee from thirty 

four dollars and fifty cents ($34.50) per 

ton of regulated air pollutant to forty 

dollars and no cents ($40.00), to change 

the calendar year from 2006 to 2007, 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations 53139 

and to update reporting criteria 

requirements. 

Paragraph (3)(D)2.D was revised to 

update and make corrections for the air 

pollutants for which the fees are not 

assessed. The revision provided a 

typographical revision by substituting 

carbon monoxide for carbon oxide, and 

also added ammonia and ‘‘PM2.5

particulate matter’’ emissions. 

Paragraph (3)(D)2.F replaced the 

phrase ‘‘each year’’ with ‘‘annually’’ and 

added a reference to paragraph (3)(A)6 

for required reporting schedules. 

The rule revisions do not change the 

stringency of the SIP or Title V program 

and the revisions otherwise meet the 

EPA requirements for both programs. 

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. In addition, as explained 

above and in more detail in the 

technical support document which is 

part of this docket, these revisions meet 

the substantive SIP requirements of the 

CAA, including section 110 and 

implementing regulations. These 

revisions are minor clarifications, 

updates, and corrections which do not 

affect the stringency of existing 

requirements. These revisions are also 

consistent with applicable EPA 

requirements in Title V of the CAA and 

40 CFR part 70. 

What action is EPA taking? 

We are approving revisions to the 

Missouri SIP and incorporating the 

revised rule 10 CSR 10–6.110, 

‘‘Submission of Emissions Data, 

Emission Fees, and Process 

Information.’’ 

We are also approving revisions to 

subsection 3(D)1, and paragraphs 

3(D)2.D and 3(D)2.F of this rule as 

program revisions to the state’s Part 70 

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. 

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 and Title V 

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 November 14, 

2008. 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 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

40 CFR Part 70 

Administrative practice and 

procedure, Air pollution control, 

Intergovernmental relations, Operating 


jlentini on PROD1PC65 with RULES
53140 Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations 

permits, Reporting and recordkeeping 

requirements. 

Dated: September 4, 2008. 

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 the table in paragraph 

(c) is amended by revising the entry for 

10–6.110 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 

* * * * * * * 

10–6.110 ........... Submission of Emission Data, 

Emission Fees, and Process Information.

12/30/07 09/15/08 [insert FR page number 

where the document begins].

Section (3)(D), Emissions Fees, 

has not been approved as part 

of the SIP. 

* * * * * * * 

* * * * * 

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 

by adding paragraph (v) under Missouri 

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. E8–21181 Filed 9–12–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 131 

[EPA–HQ–OW–2007–93; FRL–8716–2] 

Withdrawal of Federal Antidegradation 

Policy for All Waters of the United 

States Within the Commonwealth of 

Pennsylvania 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to withdraw the federal 

antidegradation policy for all waters of 

the United States within the 

Commonwealth of Pennsylvania. We are 

withdrawing the federal antidegradation 

policy to allow Pennsylvania to 

implement its own antidegradation 

policy. Pennsylvania has adequately 

demonstrated that its antidegradation 

policy protects all waters of the United 

States at a level consistent with the 

federal requirements under the Clean 

Water Act. Therefore, the federal 

antidegradation policy is redundant. 

DATES: This rule is effective December 

15, 2008 without further notice unless 

EPA receives adverse comment by 

October 15, 2008. If EPA receives 

adverse comment, we will publish a 

timely withdrawal in the Federal 

Register informing the public that this 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket Id. No. EPA–HQ– 

OW–2007–0093, by one of the following 

methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• E-mail: ow-docket@epa.gov. 

• Mail: Water Docket, USEPA, 

Mailcode: 2822T, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460. 

• Hand Delivery: EPA Docket Center, 

EPA West Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC 20004. Such deliveries are only 

accepted during the Docket’s normal 

hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OW–2007–93. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or e-mail. The www.regulations.gov Web 


jlentini on PROD1PC65 with RULES