[Federal Register Volume 75, Number 203 (Thursday, October 21, 2010)]
[Rules and Regulations]
[Pages 64953-64955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24918]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2010-0415; FRL-9210-3]


Approval and Promulgation of Implementation Plans; State of 
Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a revision to a State Implementation Plan 
(SIP) submitted by the State of Missouri. The purpose of this revision 
is to update the Springfield City Code and is part of ongoing SIP 
maintenance to assure that outdated local codes and ordinances do not 
remain in the SIP. The revision reflects updates to the Missouri 
statewide rules, and will ensure consistency between the applicable 
local agency rules and the Federally approved rules.

DATES: This direct final rule will be effective December 20, 2010, 
without further notice, unless EPA receives adverse comment by November 
22, 2010. 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-2010-0415, by one of the following methods:
    1. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    2. E-mail: <a href="/cdn-cgi/l/email-protection#365d535b46185a57555e575a577653465718515940"><span class="__cf_email__" data-cfemail="c9a2aca4b9e7a5a8aaa1a8a5a889acb9a8e7aea6bf">[email protected]</span></a>.
    3. Mail or Hand Delivery: Lachala Kemp, 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-
2010-0415. 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: Lachala Kemp at 913-551-7214, or by e-
mail at <a href="/cdn-cgi/l/email-protection#472c222a37692b26242f262b260722372669202831"><span class="__cf_email__" data-cfemail="2249474f520c4e43414a434e43624752430c454d54">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' refer to EPA. This section provides additional information by 
addressing the following questions:

I. What is being addressed in this document?
II. What revisions is EPA approving?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    On January 21, 2009, EPA received a request from the Missouri 
Department of Natural Resources to approve revisions to the SIP 
relating to changes in the SIP-approved program for Springfield, 
Missouri. In order for the local program's ``Air Pollution'' rules to 
be incorporated into the Federally-enforceable SIP, on behalf of the 
local agency, the State must submit the formally adopted regulations 
which are consistent with State and Federal requirements to EPA for 
inclusion in the SIP. The regulation adoption process generally 
includes public notice of a public comment period and a public hearing, 
and formal adoption of the rule by the State authorized rulemaking 
body. In this case that rulemaking body is the local agency. After the 
local agency formally adopts the rule, the local agency submits the 
rulemaking to the State, and then the State submits the rulemaking to 
EPA for consideration for formal action (inclusion of the rulemaking 
into the SIP). EPA must provide public notice and seek additional 
public comment regarding the proposed Federal action on the State's 
submission.
    The 2009 revisions for Springfield consist of administrative 
changes, removing Springfield City Code Chapter 2A and replacing it 
with the Springfield City Code Chapter 6. EPA had previously approved 
portions of Chapter 2A, as it relates to regulation of incinerators. In 
general, these changes are administrative only and they do not add any 
new limitations, conditions or requirements. The revisions retain all 
previous sections pertaining to definitions, test methods and tables, 
stack emission test methods, and emission limitations for incinerators, 
but with new numbering and titles. The revision also removes compliance 
schedules for incinerators which were not in compliance upon the 
original effective date of the rule (1969).

II. What revision is EPA approving?

    EPA is approving revisions to the relevant portions of Springfield 
City Code Chapter 2A ``Air Pollution Control Standards'', which are now 
found in Chapter 6 of the Code. The local agency's ``Air Pollution 
Control Standards'' were revised as follows:
    Article I, section 2A has been renumbered as Chapter 6 with other 
corresponding renumbering within the chapter.
    All previous sections pertaining to definitions, test methods and 
tables, stack emission test methods, and incinerators have all been 
retained, but with new numbering and titles.

[[Page 64954]]

What action is EPA taking?

    EPA is approving these revisions to the Springfield City Code 
Chapter 2A Air Pollution Control Standard as described above. 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 the Clean Air Act, 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 Clean Air Act. 
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 Clean Air Act; 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 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 December 20, 2010. 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. 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 proposed rulemaking. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 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.

    Dated: September 22, 2010.
Karl Brooks,
Regional Administrator, Region 7.

0
Accordingly, 40 CFR part 52 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 entry for ``Chapter 2A'' under the heading ``Springfield--Chapter 
2A--Air Pollution Control Standards'' to read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Missouri Regulations
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                                                            State
        Missouri  citation                 Title          effective     EPA approval date        Explanation
                                                             date
----------------------------------------------------------------------------------------------------------------
 Missouri Department of Natural Resources, Chapter 2 Air Quality Standards and Air Pollution Control Regulations
                                      for the Kansas City Metropolitan Area
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[[Page 64955]]

 
                                                  * * * * * * *
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                             Springfield--Chapter 2A--Air Pollution Control Standards
----------------------------------------------------------------------------------------------------------------
Article I........................  Definitions.........     12/04/08  10/21/10 [insert FR   Only Section 6-2 is
                                                                       page number where     approved by EPA.
                                                                       the document
                                                                       begins].
Article II.......................  Administrative and       12/04/08  ....................  Only Sections 6-151,
                                    Enforcement.                                             155, 156, and 171
                                                                                             are approved by
                                                                                             EPA.
                                   Incinerators........
Article V........................  ....................     12/04/08  ....................  Only Sections 6-311
                                                                                             through 314 are
                                                                                             approved by EPA.
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* * * * *
[FR Doc. 2010-24918 Filed 10-20-10; 8:45 am]
BILLING CODE 6560-50-P


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