[Federal Register Volume 68, Number 236 (Tuesday, December 9, 2003)]
[Rules and Regulations]
[Pages 68521-68523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30039]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MO 199-1199a; FRL-7592-5]


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 an amendment to the Missouri State 
Implementation Plan (SIP) pertaining to an update to a St. Louis city 
SIP-approved Ordinance and incinerator permit. The effect of this 
action is to ensure Federal enforceability of the local agency's air 
program rules and to maintain consistency between the local agency 
adopted rules and the approved SIP.

DATES: This direct final rule will be effective February 9, 2004, 
without further notice, unless EPA receives adverse comment by January 
8, 2004. 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: Comments may be submitted either by mail or electronically. 
Written comments should be submitted to Wayne Kaiser, Environmental 
Protection Agency, Air Planning and Development Branch, 901 North 5th 
Street, Kansas City, Kansas 66101. Electronic comments should be sent 
either to [email protected] or to http://www.regulations.gov, which 
is an alternative method for submitting electronic comments to EPA. To 
submit comments, please follow the detailed instructions described in 
``What action is EPA taking'' in the SUPPLEMENTARY INFORMATION section.
    Copies of documents relative to this action are available for 
public inspection during normal business hours at the above-listed 
Region 7 location. The interested persons wanting to examine these 
documents should make an appointment with the office at least 24 hours 
in advance.

FOR FURTHER INFORMATION CONTACT: Wayne Kaiser at (913) 551-7603, or by 
e-mail at [email protected].

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

What Is a SIP?
What Is the Federal Approval Process for a SIP?
What Does Federal Approval of a State Regulation Mean to Me?
What Is being addressed in this document?
Have the Requirements for Approval of a SIP Revision Been Met?
What Action Is EPA Taking?

What Is a SIP?

    Section 110 of the Clean Air Act (CAA) requires States to develop 
air pollution regulations and control strategies to ensure that State 
air quality meets the national ambient air quality standards 
established by EPA. These ambient standards are established under 
section 109 of the CAA, and they currently address six criteria 
pollutants. These pollutants are: carbon monoxide, nitrogen dioxide, 
ozone, lead, particulate matter, and sulfur dioxide.
    Each State must submit these regulations and control strategies to 
EPA for approval and incorporation into the federally-enforceable SIP.
    Each federally-approved SIP protects air quality primarily by 
addressing air pollution at its point of origin. These SIPs can be 
extensive, containing State regulations or other enforceable documents 
and supporting information such as emission inventories, monitoring 
networks, and modeling demonstrations.

What Is the Federal Approval Process for a SIP?

    In order for State regulations to be incorporated into the 
federally-enforceable SIP, States must formally adopt the regulations 
and control strategies consistent with State and Federal requirements. 
This process generally includes a public notice, public hearing, public 
comment period, and a formal adoption by a State-authorized rulemaking 
body.
    Once a State rule, regulation, or control strategy is adopted, the 
State submits it to us for inclusion into the SIP. We must provide 
public notice and seek additional public comment regarding the proposed 
Federal action on the State submission. If adverse comments are 
received, they must be addressed prior to any final Federal action by 
us.
    All State regulations and supporting information approved by EPA 
under section 110 of the CAA are incorporated into the federally-
approved SIP. Records of such SIP actions are maintained in the Code of 
Federal Regulations (CFR) at title 40, part 52, entitled ``Approval and 
Promulgation of Implementation Plans.'' The actual State regulations 
which are approved are not reproduced in their entirety in the CFR 
outright but are ``incorporated by reference,'' which means that we 
have approved a given State regulation with a specific effective date.

What Does Federal Approval of a State Regulation Mean to Me?

    Enforcement of the State regulation before and after it is 
incorporated into the federally-approved SIP is primarily a State 
responsibility. However, after the regulation is federally approved, we 
are authorized to take enforcement action against violators. Citizens 
are also offered legal recourse to address violations as described in 
section 304 of the CAA.

What Is Being Addressed in This Document?

    In August 2003, the St. Louis city Board of Aldermen updated the 
current SIP-approved Ordinance No. 64749 by rescinding it and adopting 
replacement Ordinance No. 65645. The only changes in the SIP-approved 
portion of the new Ordinance is the renumbering of Section 7--
Definitions, to Section 6, and Section 17--Open Burning Restrictions, 
to Section 15.
    Approving the new Ordinance subsequently necessitated that a 
reference to it in a SIP-approved St. Louis University Hospital 
incinerator permit, No. 00-01-004, be revised. Consequently, we are 
also approving a letter from the City of St. Louis Department of Health 
to St. Louis University Hospital, dated April 25, 2003, which revises 
Section II, B of incinerator permit No. 00-01-004, by updating the 
referenced Ordinance number to No. 65645.
    A technical support document (TSD) containing additional 
information and background material for this action has been prepared 
and is available from the EPA contact listed above.

Have the Requirements for Approval of a SIP Revision Been Met?

    The State submittal has met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. The submittal also 
satisfied the completeness criteria of 40 CFR part 51, appendix V. In 
addition, as explained above and in more detail in the TSD

[[Page 68522]]

which is part of this document, the revision meets the substantive SIP 
requirements of the CAA, including section 110 and implementing 
regulations.

What Action Is EPA Taking?

    We are approving the State's request to amend the SIP by rescinding 
the SIP-approved provisions of St. Louis city Ordinance No. 64794 and 
concurrently approving the same, but renumbered provisions, in 
Ordinance No. 65645. We are also approving an administrative revision 
to the incinerator permit for St. Louis University Hospital.
    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 relevant 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.
    You may submit comments either electronically or by mail. To ensure 
proper receipt by EPA, identify the appropriate rulemaking 
identification number, MO 199-1199a, in the subject line on the first 
page of your comment. Please ensure that your comments are submitted 
within the specified comment period. Comments received after the close 
of the comment period will be marked ``late.'' EPA is not required to 
consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket. 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.
    a. Electronic mail. Comments may be sent by e-mail to 
[email protected]. Please include identification number, MO 199-
1199a, in the subject line. EPA's e-mail system is not an ``anonymous 
access'' system. If you send an e-mail comment directly without going 
through Regulations.gov, EPA's e-mail system automatically captures 
your e-mail address. E-mail addresses that are automatically captured 
by EPA's e-mail system are included as part of the comment that is 
placed in the official public docket.
    b. Regulations.gov. Your use of Regulations.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to http://www.regulations.gov, click on ``To Search for Regulations,'' then 
select Environmental Protection Agency and use the ``go'' button. The 
list of current EPA actions available for comment will be listed. 
Please follow the online instructions for submitting comments. The 
system is an ``anonymous access'' system, which means EPA will not know 
your identity, e-mail address, or other contact information unless you 
provide it in the body of your comment.
    2. By Mail. Written comments should be sent to the name and address 
listed in the ADDRESSES section of this document.

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 is not economically significant.
    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 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by February 9, 2004. 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

[[Page 68523]]

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 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: November 18, 2003.
William W. Rice,
Acting Regional Administrator, Region 7.

0
Chapter I, title 40 of the Code of Federal Regulations 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. Section 52.1320 is amended by:
0
a. In paragraph (c) removing the heading and entries for St. Louis City 
Ordinance 64749 and adding a heading and entries for St. Louis City 
Ordinance 65645.
0
b. In paragraph (d) adding an entry to the end of the table for St. 
Louis University.
0
The revisions and addition 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
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                                                  * * * * * * *
                                         St. Louis City Ordinance 65645
 
Section 6.....................  Definitions......         8/28/03  12/9/03 [insert FR page      The phrase
                                                                    citation].                   ``other than
                                                                                                 liquids or
                                                                                                 gases'' in the
                                                                                                 Refuse
                                                                                                 definition has
                                                                                                 not been
                                                                                                 approved.
Section 15....................  Open Burning              8/28/03  12/9/03 [insert FR page
                                 Restrictions.                      citation].
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    (d) * * *

                              EPA-Approved State Source-Specific Permits and Orders
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                                                        State
        Name of source             Order/permit       effective         EPA approval date          Explanation
                                      number            date
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                                                  * * * * * * *
St. Louis University..........  Permit Matter No.         8/28/03  12/9/03 [insert FR page      Updates a
                                 00-01-004.                         citation].                   reference in
                                                                                                 section II.B.
                                                                                                 to Ordinance
                                                                                                 No. 65645.
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[FR Doc. 03-30039 Filed 12-8-03; 8:45 am]
BILLING CODE 6560-50-P