[Federal Register Volume 70, Number 180 (Monday, September 19, 2005)]
[Rules and Regulations]
[Pages 54840-54842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18427]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R07-OAR-2005-MO-0003; FRL-7969-6]


Approval and Promulgation of Implementation Plans; State of 
Missouri; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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SUMMARY: On July 13, 2005, EPA published a final rule approving 
revisions to the Missouri State Implementation Plan (SIP). In the July 
13, 2005, rule, EPA inadvertently included an incorrect state effective 
date for the Missouri statewide NOX rule. The purpose of 
this action is to correct the state effective date to August 30, 2003.

DATES: This action is effective September 19, 2005.

FOR FURTHER INFORMATION CONTACT: Michael Jay at (913) 551-7460, or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    On July 13, 2005 (70 FR 40193), EPA published a final rule 
approving a SIP revision for Missouri that included a revision to the 
statewide NOX rule, 10 CSR 10-6.350 ``Emissions Limitations 
and Emissions Trading of Oxides of Nitrogen.'' The purpose of the rule 
is to reduce the state's contribution to the St. Louis 8-hour ozone 
nonattainment area. The July 13, 2005, rule inadvertently included an 
incorrect state effective date for the statewide NOX rule of 
June 23, 2003. Today's action is necessary to correct the state 
effective date to August 30, 2003.
    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(B),

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provides that, when an agency for good cause finds that notice and 
public procedures are impracticable, unnecessary, or contrary to the 
public interest, the agency may issue a rule without providing notice 
and an opportunity for public comment. We have determined that there is 
such good cause for making today's rule final without prior proposal 
and opportunity for comment because we are merely correcting our 
identification of the effective date of a state rule. The correction 
has no effect on the state rule. Thus, notice and public procedure are 
unnecessary. We find that this constitutes good cause under 5 U.S.C. 
553(b)(B).

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). Because the 
agency has made a good cause finding that this action is not subject to 
notice-and-comment requirements under the Administrative Procedures 
Act, it is not subject to the regulatory flexibility provisions of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule 
merely corrects an incorrect state effective date in a previous action, 
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).
    For the same reason, this rule also does 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 rule will 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), because it merely corrects an incorrect 
state effective date in a previous action in a state rule implementing 
a Federal standard, and does not alter the relationship or the 
distribution of power and responsibilities established in the Clean Air 
Act (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, our 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), we have 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 (CRA), 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. Section 808 allows the issuing agency to 
make a rule effective sooner than otherwise provided by the CRA if the 
agency makes a good cause finding that notice and public procedure is 
impracticable, unnecessary or contrary to the public interest. This 
determination must be supported by a brief statement. As stated 
previously, we made such a good cause finding, including the reasons 
therefore and established an effective date of September 19, 2005. We 
will submit a report containing this rule and other required 
information to the United States Senate, the United States House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This correction to 
the Missouri SIP table is not a ``major rule'' as defined by 5 U.S.C. 
804 et seq (2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, reporting 
and recordkeeping requirements, Sulfur oxides, Volatile organic 
compounds.

    Dated: September 8, 2005.
William 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. In `` 52.1320(c) the table is amended under Chapter 6 by revising 
the entry for rule A10-6.350'' to read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Missouri Regulations
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                                                               State
       Missouri  citation                 Title           effective date   EPA approval date      Explanation
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                                    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
 
                                                  * * * * * * *
10-6.350.......................  Emissions Limitations          08/30/03  09/19/05 [insert    ..................
                                  and Emissions Trading                    FR page number
                                  of Oxides of Nitrogen.                   where the
                                                                           document begins].
 

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[FR Doc. 05-18427 Filed 9-16-05; 8:45 am]
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