Rule: Air Quality Implementation Plans Approval and Promulgation Various States: Missouri

70468 Federal Register / Vol. 71, No.
233 / Tuesday, December 5, 2006 / Rules and Regulations
0.5 (GIWW mile 6.2 East of Harvey governing the operation of the BNSF regulations is authorized under 33 CFR
Lock), to remain closed to navigation Railway Company Vertical Lift Span 117.35.
from 6:30 a.m. until 5:45 p.m. on Bridge across Berwick Bay, mile 0.4, Dated: November 16, 2006.
Tuesday, December 5, 2006. (Atchafalaya River, mile 17.5) at Morgan Marcus Redford,
The bascule bridge has a vertical City, St. Mary Parish, Louisiana. This
Bridge Administrator.
clearance of 1 foot above high water in deviation provides for the bridge to
the closed-to-navigation position. remain closed to navigation for 12 [FR Doc. E6–20486 Filed 12–4–06; 8:45 am]
Navigation on the waterway consists consecutive hours to conduct scheduled BILLING CODE 4910–15–P
mainly of tugs with tows and some maintenance to the drawbridge.

ships. The bridge normally opens to DATES: This deviation is effective from
pass navigation an average of eight ENVIRONMENTAL PROTECTION
8 a.m. until 8 p.m. on Wednesday,
times during the deviation period. In AGENCY
December 13, 2006.
accordance with 33 CFR 117.458(a), the
ADDRESSES: Materials referred to in this 40 CFR Parts 52 and 70
draw of the bridge shall open on signal;
document are available for inspection or
except that, from 6:30 a.m. to 8:30 a.m. [EPA–R07–OAR–2006–0900; FRL–8250–7]
copying at the office of the Eighth Coast
and from 3:30 p.m. to 5:45 p.m.,
Guard District, Bridge Administration Approval and Promulgation of
Monday through Friday, except federal
Branch, Hale Boggs Federal Building, Implementation Plans and Operating
holidays, the draw need not open for the
Room 1313, 500 Poydras Street, New Permits Program; State of Missouri
passage of vessels. The draw shall open
Orleans, Louisiana 70130–3310 between
at any time for a vessel in distress. AGENCY: Environmental Protection
7 a.m. and 3 p.m., Monday through
Normally, the draw is required to open Agency (EPA).
Friday, except Federal holidays. The
at any time for a vessel in distress.
telephone number is (504) 671–2128. ACTION: Direct final rule.
However, the bridge will not be able to
The Bridge Administration Branch
open for emergencies during the closure SUMMARY: EPA is taking direct final
maintains the public docket for this
period. An alternate route is available to action to approve the State
temporary deviation.
mariners by proceeding down the Implementation Plan (SIP) and
Mississippi River to Venice, Louisiana, FOR FURTHER INFORMATION CONTACT: operating permits program revision
crossing the Breton Sound and David Frank, Bridge Administration submitted by the state of Missouri to
proceeding up the Mississippi River Branch, telephone (504) 671–2128 update the ambient air quality
Gulf Outlet. SUPPLEMENTARY INFORMATION: The BNSF standards, sampling methods,
The Coast Guard has coordinated the Railway Company has requested a definitions, and common reference
closure with waterway users, industry, temporary deviation in order to replace methods and tables. The update also
and other Coast Guard units. It has been the railroad signal circuits of the BNSF includes references to implement the 8-
determined that this closure will not Railway Railroad Vertical Lift Span hour ozone and PM2.5 National Ambient
have a significant effect on vessel traffic. Bridge across Berwick Bay, mile 0.4 Air Quality Standards that were
In accordance with 33 CFR 117.35(c), (Atchafalaya River, mile 17.5) at Morgan finalized on July 18, 1997.
this work will be performed with all due City, St. Mary Parish, Louisiana. DATES: This direct final rule will be
speed in order to return the bridge to Replacement of the signal circuits is effective February 5, 2007, without
normal operation as soon as possible. necessary to turn the lining of signals further notice, unless EPA receives
This deviation from the operating across the bridge into a fully automatic adverse comment by January 4, 2007. If
regulations is authorized under 33 CFR operation so that the bridge will be in adverse comment is received, EPA will
117.35. full compliance with requirements of publish a timely withdrawal of the
Dated: November 13, 2006. the Federal Railroad Administration. direct final rule in the Federal Register
Marcus Redford, This temporary deviation will allow the informing the public that the rule will
Bridge Administrator.
bridge to remain in the closed-to- not take effect.
navigation position from 8 a.m. until 8 ADDRESSES: Submit your comments,
[FR Doc. E6–20485 Filed 12–4–06; 8:45 am]
p.m. on Wednesday, December 13, 2006. identified by Docket ID No. EPA–R07–
BILLING CODE 4910–15–P
There may be times, during the closure OAR–2006–0900, by one of the
period, when the draw will not be able following methods:
to open for emergencies. 1. http://www.regulations.gov. Follow
DEPARTMENT OF HOMELAND
SECURITY The bridge provides 4 feet of vertical the on-line instructions for submitting
clearance in the closed-to-navigation comments.
Coast Guard position. Thus, most vessels will not be 2. E-mail: algoe-eakin.amy@epa.gov.
able to transit through the bridge site 3. Mail: Amy Algoe-Eakin,
33 CFR Part 117 when the bridge is closed. Navigation Environmental Protection Agency, Air
on the waterway consists of tugs with Planning and Development Branch, 901
[CGD08–06–041] tows, fishing vessels and recreational North 5th Street, Kansas City, Kansas
craft including sailboats and 66101.
Drawbridge Operating Regulations;
powerboats. Due to prior experience, as 4. Hand Delivery or Courier. Deliver
Berwick Bay, (Atchafalaya River)
well as coordination with waterway your comments to Amy Algoe-Eakin,
Morgan City, LA
users, it has been determined that this Environmental Protection Agency, Air
AGENCY: Coast Guard, DHS. closure will not have a significant effect Planning and Development Branch, 901
ACTION: Notice of temporary deviation on these vessels. North 5th Street, Kansas City, Kansas
ycherry on PROD1PC64 with RULES
from regulations. In accordance with 33 CFR 117.35(c), 66101.

this work will be performed with all due Instructions: Direct your comments to
SUMMARY: The Commander, Eighth speed in order to return the bridge to Docket ID No. EPA–R07–OAR–2006–
Coast Guard District, has issued a normal operation as soon as possible. 0900. EPA’s policy is that all comments
temporary deviation from the regulation This deviation from the operating received will be included in the public
VerDate Aug<31>2005 14:17 Dec 04, 2006 Jkt 211001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\05DER1.SGM 05DER1
Federal Register / Vol. 71, No. 233 / Tuesday, December 5, 2006 / Rules and Regulations 70469
docket without change and may be EPA. This section provides additional maintained in the Code of Federal
made available online at http:// information by addressing the following Regulations (CFR) at title 40, part 52,
www.regulations.gov, including any questions: entitled ‘‘Approval and Promulgation of
personal information provided, unless What is a SIP? Implementation Plans.’’ The actual state
the comment includes information What is the Federal approval process for a regulations which are approved are not
claimed to be Confidential Business SIP? reproduced in their entirety in the CFR
Information (CBI) or other information What does Federal approval of a state outright but are ‘‘incorporated by
whose disclosure is restricted by statute. regulation mean to me? reference,’’ which means that we have
Do not submit through http:// What is the Part 70 operating permit program approved a given state regulation with
and approval process? a specific effective date.
www.regulations.gov or e-mail What is being addressed in this document?
information that you consider to be CBI Have the requirements for approval of a SIP What does Federal approval of a state
or otherwise protected. The http:// revision and operating permit program regulation mean to me?
www.regulations.gov Web site is an revision been met?
‘‘anonymous access’’ system, which What action is EPA taking? Enforcement of the state regulation
means EPA will not know your identity before and after it is incorporated into
What is a SIP? the Federally-approved SIP is primarily
or contact information unless you
provide it in the body of your comment. Section 110 of the Clean Air Act a state responsibility. However, after the
If you send an e-mail comment directly (CAA) requires states to develop air regulation is Federally approved, we are
to EPA without going through http:// pollution regulations and control authorized to take enforcement action
www.regulations.gov, your e-mail strategies to ensure that state air quality against violators. Citizens are also
address will be automatically captured meets the national ambient air quality offered legal recourse to address
and included as part of the comment standards (NAAQS) established by EPA. violations as described in section 304 of
that is placed in the public docket and These ambient standards are established the CAA.
made available on the Internet. If you under section 109 of the CAA, and they What is the Part 70 operating permits
submit an electronic comment, EPA currently address six criteria pollutants. program and approval process?
recommends that you include your These pollutants are: Carbon monoxide,
nitrogen dioxide, ozone, lead, The CAA requires all states to develop
name and other contact information in
particulate matter, and sulfur dioxide. operating permits programs that meet
the body of your comment and with any
Each state must submit these certain Federal criteria. The purpose of
disk or CD–ROM you submit. If EPA
regulations and control strategies to us the program is to consolidate all
cannot read your comment due to
for approval and incorporation into the applicable CAA requirements into a
technical difficulties and cannot contact
Federally-enforceable SIP. single permit document issued to a
you for clarification, EPA may not be
Each Federally-approved SIP protects source subject to the permit program.
able to consider your comment.
air quality primarily by addressing air The process for EPA approval of a Part
Electronic files should avoid the use of
pollution at its point of origin. These 70 program or program revision is
special characters, any form of
SIPs can be extensive, containing state similar to the process for approval of a
encryption, and be free of any defects or
regulations or other enforceable SIP. Permits issued under an EPA-
viruses.
documents and supporting information approved permit program are
Docket: All documents in the
such as emission inventories, enforceable by EPA and the state.
electronic docket are listed in the
http://www.regulations.gov index. monitoring networks, and modeling What is being addressed in this
Although listed in the index, some demonstrations. document?
information is not publicly available, What is the Federal approval process EPA is approving a revision to the SIP
i.e., CBI or other information whose for a SIP? and Part 70 permits program for the
disclosure is restricted by statute. In order for state regulations to be state of Missouri that was state effective
Certain other material, such as incorporated into the Federally- on February 28, 2006. The revisions
copyrighted material, is not placed on enforceable SIP, states must formally include the 8-hour ozone and PM2.5
the Internet and will be publicly adopt the regulations and control NAAQS that were finalized by EPA on
available only in hard copy form. strategies consistent with state and July 18, 1997.
Publicly available docket materials are Federal requirements. This process The revision to 10 CSR 10–6.010
available either electronically in http:// generally includes a public notice, (Ambient Air Quality Standards)
www.regulations.gov or in hard copy at public hearing, public comment period, updates the ambient air quality
the Environmental Protection Agency, and a formal adoption by a state- standards table to include the Federal
Air Planning and Development Branch, authorized rulemaking body. revision to the NAAQS, and reformatted
901 North 5th Street, Kansas City, Once a state rule, regulation, or the columns for clarity. It should be
Kansas 66101. The Regional Office’s control strategy is adopted, the state noted that, unlike many other
official hours of business are Monday submits it to us for inclusion into the requirements in the Missouri SIP, the
through Friday, 8 a.m. to 4:30 p.m., SIP. We must provide public notice and NAAQS are not requirements imposed
excluding Federal holidays. The seek additional public comment directly on sources under the CAA
interested persons wanting to examine regarding the proposed Federal action (although states may impose such
these documents should make an on the state submission. If adverse requirements directly on sources under
appointment with the office at least 24 comments are received, they must be state law). Sources must comply with
hours in advance. addressed prior to any final Federal emissions limitations and standards
FOR FURTHER INFORMATION CONTACT: action by us. under the CAA and the SIP, but the
Amy Algoe-Eakin at (913) 551–7942, or
All state regulations and supporting NAAQS are not emissions limitations
by e-mail at algoe-eakin.amy@epa.gov. information approved by EPA under and standards under the CAA. However,
SUPPLEMENTARY INFORMATION: section 110 of the CAA are incorporated because the Missouri rules establish
Throughout this document whenever into the Federally-approved SIP. other requirements, applicable to
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean Records of such SIP actions are sources, designed to protect the NAAQS
70470 Federal Register / Vol. 71, No. 233 / Tuesday, December 5, 2006 / Rules and Regulations
(e.g., the requirement that a source may sampling methods, definitions, and August 10, 1999). This action merely
not obtain certain permits if it would common reference methods and tables approves a state rule implementing a
cause or contribute to a violation of the to include the 8-hour ozone and PM2.5 Federal standard, and does not alter the
NAAQS), EPA has included Missouri’s NAAQS that were finalized on July 18, relationship or the distribution of power
adoption of the NAAQS in the SIP to 1997. EPA is also approving the and responsibilities established in the
assist in implementation of the NAAQS. revisions to the state’s definitions rule CAA. This rule also is not subject to
Chapter 10 CSR 10–6.020 (Definitions as a revision to the Part 70 operating Executive Order 13045, ‘‘Protection of
and Common Reference Tables) revises program. We are processing this action Children from Environmental Health
the definitions for insignificant activity, as a direct final action because the Risks and Safety Risks’’ (62 FR 19885,
particulate matter, and adds definitions revisions make routine changes to the April 23, 1997), because it is not
for PM2.5. Five compounds were added existing SIP which are noncontroversial. economically significant.
to the volatile organic compounds Therefore, we do not anticipate any In reviewing state submissions, EPA’s
definition and minor changes were adverse comments. Please note that if role is to approve state choices,
made to the table listing hazardous air EPA receives adverse comment on part provided that they meet the criteria of
pollutants (table 3), and the related of this rule and if that part can be the CAA. In this context, in the absence
footnotes. In order to maintain severed from the remainder of the rule, of a prior existing requirement for the
formatting consistent with other rules, EPA may adopt as final those parts of State to use voluntary consensus
the state added sections (4) and (5) to the rule that are not the subject of an standards (VCS), EPA has no authority
state that reporting and record keeping, adverse comment. to disapprove a state submission for
and test methods are not applicable to failure to use VCS. It would thus be
Statutory and Executive Order Reviews inconsistent with applicable law for
10 CSR 10–6.020. It should be noted
that revisions made to 10 CSR 10–6.020, Under Executive Order 12866 (58 FR EPA, when it reviews a state
and specifically the clarification of the 51735, October 4, 1993), this action is submission, to use VCS in place of a
definition of ‘‘insignificant activity’’ not a ‘‘significant regulatory action’’ and state submission that otherwise satisfies
also apply to Missouri’s operating therefore is not subject to review by the the provisions of the CAA. Thus, the
permits program. Office of Management and Budget. For requirements of section 12(d) of the
The revisions to 10 CSR 10–6.030 this reason, this action is also not National Technology Transfer and
(Sampling Methods for Air Pollution subject to Executive Order 13211, Advancement Act of 1995 (15 U.S.C.
sources) add EPA’s Conditional Test ‘‘Actions Concerning Regulations That 272 note) do not apply. This rule does
Method 039 to determine the total PM10 Significantly Affect Energy Supply, not impose an information collection
and PM2.5 fraction of filterable Distribution, or Use’’ (66 FR 28355, May burden under the provisions of the
particulate matter including 22, 2001). This action merely approves Paperwork Reduction Act of 1995 (44
condensibles. Two paragraphs that state law as meeting Federal U.S.C. 3501 et seq.).
discussed PM2.5 emissions in stack gases requirements and imposes no additional The Congressional Review Act, 5
were combined for clarity and requirements beyond those imposed by U.S.C. 801 et seq., as added by the Small
readability. state law. Accordingly, the Business Regulatory Enforcement
Revisions to 10 CSR 10–6.040 Administrator certifies that this rule Fairness Act of 1996, generally provides
(Reference Methods) add references to will not have a significant economic that before a rule may take effect, the
appendices included in the Federal impact on a substantial number of small agency promulgating the rule must
regulations that specify test methods for entities under the Regulatory Flexibility submit a rule report, which includes a
PM2.5. Act (5 U.S.C. 601 et seq.). Because this copy of the rule, to each House of the
Minor revisions to each of the rules rule approves pre-existing requirements Congress and to the Comptroller General
were made to correct spelling, to under state law and does not impose of the United States. EPA will submit a
include the most recent date of the any additional enforceable duty beyond report containing this rule and other
Federal regulations, and to improve the that required by state law, it does not required information to the U.S. Senate,
overall readability. contain any unfunded mandate or the U.S. House of Representatives, and
significantly or uniquely affect small the Comptroller General of the United
Have the requirements for approval of governments, as described in the States prior to publication of the rule in
a SIP revision and operating permit Unfunded Mandates Reform Act of 1995 the Federal Register. A major rule
program revision been met? (Pub. L. 104–4). cannot take effect until 60 days after it
The state submittal has met the public This rule also does not have tribal is published in the Federal Register.
notice requirements for SIP submissions implications because it will not have a This action is not a ‘‘major rule’’ as
in accordance with 40 CFR 51.102. The substantial direct effect on one or more defined by 5 U.S.C. 804(2).
submittal also satisfied the Indian tribes, on the relationship Under section 307(b)(1) of the Clean
completeness criteria of 40 CFR part 51, between the Federal Government and Air Act, petitions for judicial review of
appendix V. In addition, as explained Indian tribes, or on the distribution of this action must be filed in the United
above and in more detail in the power and responsibilities between the States Court of Appeals for the
technical support document which is Federal Government and Indian tribes, appropriate circuit by February 5, 2007.
part of this docket, the revision meets as specified by Executive Order 13175 Filing a petition for reconsideration by
the substantive SIP requirements of the (65 FR 67249, November 9, 2000). This the Administrator of this final rule does
CAA. Finally, the submittal meets the action also does not have Federalism not affect the finality of this rule for the
substantive requirements of Title V of implications because it does not have purposes of judicial review nor does it
the 1990 CAA Amendments and 40 CFR substantial direct effects on the States, extend the time within which a petition
Part 70. on the relationship between the national for judicial review may be filed, and
government and the States, or on the shall not postpone the effectiveness of
What action is EPA taking? distribution of power and such rule or action. This action may not
EPA is a approving a revision to the responsibilities among the various be challenged later in proceedings to
SIP for the state of Missouri to update levels of government, as specified in enforce its requirements. (See section
the ambient air quality standards, Executive Order 13132 (64 FR 43255, 307(b)(2).)
Federal Register / Vol. 71, No. 233 / Tuesday, December 5, 2006 / Rules and Regulations 70471
List of Subjects permits, Reporting and recordkeeping Authority: 42 U.S.C. 7401 et seq.
requirements.
40 CFR Part 52 Subpart AA—Missouri
Dated: November 21, 2006.
Environmental protection, Air
pollution control, Intergovernmental John B. Askew, ■ 2. In § 52.1320(c) the table is amended
relations, Nitrogen dioxide, Ozone, Regional Administrator, Region 7. under Chapter 6 by revising the entries
Reporting and recordkeeping ■ Chapter I, title 40 of the Code of for ‘‘10–6.010, 10–6.020, 10–6.030 and
requirements, Volatile organic Federal Regulations is amended as 10–6.040’’ to read as follows:
compounds. follows:
§ 52.1320 Identification of Plan.
40 CFR Part 70
PART 52—[AMENDED] * * * * *
Administrative practice and
(c) * * *
procedure, Air pollution control, ■ 1. The authority citation for part 52
Intergovernmental relations, Operating continues to read as follows:
EPA-APPROVED MISSOURI REGULATIONS

State EPA
Missouri citation Title effective approval Explanation
date date
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
* * * * * * *
10–6.010 ............................... Ambient Air Quality Standards ............................. 2/28/06 12/5/06 [insert FR
page number where
the document be-
gins]
10–6.020 ............................... Definitions and Common Reference Tables ........ 2/28/06 12/5/06 [insert FR
page number where
the document be-
gins]
10–6.030 ............................... Sampling Methods for Air Pollution Sources ....... 2/28/06 12/5/06 [insert FR
page number where
the document be-
gins]
10–6.040 ............................... Reference Methods .............................................. 2/28/06 12/5/06 [insert FR
page number where
the document be-
gins]
* * * * * * *
* * * * * Appendix A—[Amended] Missouri

* * * * *
PART 70—[AMENDED] ■ 2. Appendix A to part 70 is amended (s) The Missouri Department of Natural
by adding paragraph (s) to read as Resources submitted revisions to Missouri
■ 1. The authority citation for part 70 follows: rule 10 CSR 10–6.020, ‘‘Definitions and
continues to read as follows: Common Reference Tables,’’ on March 13,
Appendix A to Part 70—Approval 2006, approval effective January 4, 2007.
Authority: 42 U.S.C. 7401 et seq. Status of State and Local Operating * * * * *
Permits Programs [FR Doc. E6–20446 Filed 12–4–06; 8:45 am]
* * * * * BILLING CODE 6560–50–P

Rule: Air Quality Implementation Plans Approval and Promulgation Various States: Missouri

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70468 Federal Register / Vol. 71, No.

233 / Tuesday, December 5, 2006 / Rules and Regulations

mainly of tugs with tows and some maintenance to the drawbridge.

from regulations. In accordance with 33 CFR 117.35(c), 66101.

EPA-APPROVED MISSOURI REGULATIONS

Missouri Department of Natural Resources

* * * * * Appendix A—[Amended] Missouri

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