Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / Rules and Regulations 45165

Number of pieces in

contract year Discount

1–100,000 ................. None.

100,001+ ................... 3% of base rate.

* * * * *

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 97–22696 Filed 8–25–97; 8:45 am]

BILLING CODE 7710–12–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MO 032–1032; FRL–5877–3]

Approval and Promulgation of

Implementation Plans; State of

Missouri

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: The EPA is approving

revisions to Missouri’s federally

enforceable operating permit (FESOP)

program contained in Missouri rule 10

CSR 10–6.065. These revisions are

designed to ease the administrative

burden on the state and on affected

sources without relaxing environmental

requirements.

DATES: This rule is effective on

September 25, 1997.

ADDRESSES: Copies of the documents

relevant to this action are available for

public inspection during normal

business hours at the: Environmental

Protection Agency, Air Planning and

Development Branch, 726 Minnesota

Avenue, Kansas City, Kansas 66101; and

the EPA Air & Radiation Docket and

Information Center, 401 M Street, SW.,

Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT:

Joshua A. Tapp at (913) 551–7606.

SUPPLEMENTARY INFORMATION: On March

13, 1996, Missouri submitted a request

to amend the State Implementation Plan

(SIP) to incorporate revisions to the

FESOP program which generally affect

intermediate sources. These revisions

include a provision which delays the

permit application deadlines by ten

months for smaller intermediate

sources, and a provision which allows

qualifying intermediate sources to apply

for general permits. Both of these

revisions are designed to ease the

administrative burden on the state and

on intermediate sources without

relaxing environmental requirements.

Additional revisions were made to

clarify the meaning of the rule and

improve its enforceability. Specifically,

these revisions clarify: (1) That public

participation requirements are

applicable; and (2) that sources are

subject to enforcement action if they

inappropriately apply for and obtain a

general intermediate permit and it is

later determined that they do not

qualify. The revisions also clarify the

meaning of the term ‘‘threshold level’’

by referencing a definition contained in

a separate Missouri regulation.

Other revisions were

contemporaneously made to rule 10

CSR 10–6.065. Most of these revisions

affect Missouri’s basic operating permit

program for small sources. This program

is not a federally approved program;

therefore, the EPA is not acting on the

revisions to the basic program.

Additional revisions affect Missouri’s

Title V operating permit program. These

revisions were addressed in a separate

action.

The EPA received no comments on its

proposed approval of these revisions.

For more information, the reader may

refer to the EPA’s proposed approval

published in the Federal Register on

August 21, 1996 at 61 FR 43202.

I. Final Action

The EPA is approving revisions to

Missouri rule 10 CSR 10–6.065.

Specifically, the EPA is approving

sections (1), (2), (3), (5), and (7), and

subsections (4)(C)-(4)(G) and (4)(I)-(4)(Q)

which pertain to the intermediate

permit program. The EPA is taking no

action on subsections (4)(A), (4)(B), and

(4)(H) of Missouri rule 10 CSR 10–6.065

which pertain to Missouri’s basic

operating permit program. The EPA has

taken separate action on revisions to

sections of rule 10 CSR 10–6.065 which

pertain to Missouri’s Title V operating

permit program including sections (1),

(2), (3), (6), and (7).

Subsequent to the revision approved

here, Missouri has revised rule 10 CSR

10–6.065 to update references to its

‘‘Definitions’’ rule, and to modify

insignificant activity provisions in its

intermediate operating permit program

which is contained in rule 10 CSR 10–

6.065. The EPA approved these

revisions and incorporated them by

reference into the SIP in a Federal

Register document dated May 14, 1997

(see 62 FR 26405). This action is now

codified in 40 CFR 52.1320(c)(96).

Rather than incorporate by reference

into the SIP this earlier version of the

Missouri Code of State Regulations

which also contains the revisions

approved today, the EPA is amending

40 CFR 52.1320(c)(96) to clarify that the

state rules incorporated by reference at

40 CFR 52.1320(c)(96) include the

revisions approved today.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to the SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors, and in relation to relevant

statutory and regulatory requirements.

II. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from Executive Order 12866

review.

B. Regulatory Flexibility Act

SIP approvals under section 110 and

subchapter I, part D of the CAA do not

create any new requirements but simply

approve requirements that the state is

already imposing. Therefore, because

the Federal SIP approval does not

impose any new requirements, the

Administrator certifies that it does not

have a significant impact on any small

entities affected. Moreover, due to the

nature of the Federal-state relationship

under the CAA, preparation of a

regulatory flexibility analysis would

constitute Federal inquiry into the

economic reasonableness of state action.

The CAA forbids the EPA to base its

actions concerning SIPs on such

grounds (Union Electric Co. v. U.S.

E.P.A., 427 U.S. 246, 256–66 (S.Ct.

1976); 42 U.S.C. 7410(a)(2)).

C. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, the EPA

must prepare a budgetary impact

statement to accompany any proposed

or final rule that includes a Federal

mandate that may result in estimated

costs to state, local, or tribal

governments in the aggregate; or to

private sector, of $100 million or more.

Under section 205, the EPA must select

the most cost-effective and least

burdensome alternative that achieves

the objectives of the rule and is

consistent with statutory requirements.

Section 203 requires the EPA to

establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

The EPA has determined that the

approval action promulgated does not

include a Federal mandate that may

result in estimated costs of $100 million

or more to either state, local, or tribal
45166 Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / Rules and Regulations

governments in the aggregate, or to the

private sector. This Federal action

approves preexisting requirements

under state or local law, and imposes no

new requirements. Accordingly, no

additional costs to state, local, or tribal

governments, or to the private sector,

result from this action.

D. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, the

EPA submitted 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 General Accounting

Office prior to publication of this rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

E. Petitions for Judicial Review

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 October 27, 1997. 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 in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Reporting and recordkeeping

requirements.

Dated: August 6, 1997.

Martha R. Steincamp,

Acting Regional Administrator.

Part 52, 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. 7401–7671q.

Subpart AA—Missouri

2. Section 52.1320 is amended by

revising paragraph (c)(96) to read as

follows:

§ 52.1320 Identification of plan.

* * * * *

(c) * * *

(96) Revisions to the Missouri SIP

submitted by the Missouri Department

of Natural Resources on March 13, 1996,

and August 6, 1996, pertaining to its

intermediate operating permit program.

The EPA is not approving provisions of

the rules which pertain to the basic

operating permit program.

(i) Incorporation by reference.

(A) Regulations 10 C.S.R. 10–6.020,

Definitions and Common Reference

Tables, effective June 30, 1996; and 10

C.S.R. 10–6.065, Operating Permits,

effective June 30, 1996, except sections

(4)(A), (4)(B), and (4)(H).

* * * * *

[FR Doc. 97–22664 Filed 8–25–97; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 70

[MO 030–1030; FRL–5877–2]

Approval and Promulgation of

Implementation Plans; State of

Missouri

AGENCY: EPA.

ACTION: Final rule.

SUMMARY: The EPA is taking final action

to approve revisions to Missouri’s State

Implementation Plan (SIP) concerning

Missouri’s rule 10 CSR 10–6.110,

‘‘Submission of Emission Data,

Emission Fees, and Process

Information’’. This rule also clarifies the

requirements for the payment of

emission fees to support Missouri’s Title

V Operating Permit Program and was

submitted as part of the state’s plan to

comply with Title V of the Clean Air

Act (CAA).

DATES: This rule is effective on

September 25, 1997.

ADDRESSES: Copies of the documents

relevant to this action are available for

public inspection during normal

business hours at the: Environmental

Protection Agency, Air Planning and

Development Branch, 726 Minnesota

Avenue, Kansas City, Kansas 66101; and

the EPA Air & Radiation Docket and

Information Center, 401 M Street, SW.,

Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Stan

Walker at (913) 551–7494.

SUPPLEMENTARY INFORMATION: On March

5, 1997 at 62 FR 1000, the EPA

proposed to approve amendments to

Missouri rule 10 CSR 10–6.110,

‘‘Emission Data, Emission Fees, and

Process Information.’’ These revisions

clarify the requirements for the payment

of emission fees to support Missouri’s

Title V Operating Permit Program and

were submitted as part of the state’s

plan to comply with Title V of the CAA.

Region VII received no comment on the

proposed rulemaking.

I. Approval of Revisions to Missouri’s

SIP

Revisions to the rule include

modifications to procedures for

collecting, recording, and submitting

emission data and process information

on state-supplied Emission Inventory

Questionnaires (EIQ) and Emission

Statement forms, or in a format

satisfactory to the Director. This is

necessary so the state can calculate

emissions for state air resource

planning.

An amendment to the rule also

establishes approved methods that can

be used to calculate emission factors

and establishes procedures for adjusting

emission fees. Also, the amendment

revises the terms ‘‘contaminant’’ and

‘‘pollution’’ to provide consistency with

the definitions in 10 CSR 10–6.020.

II. Revisions to Missouri’s Part 70

Operating Permits Program

One amendment to Missouri rule 10

CSR 10–6.110 changes section (1),

‘‘Applicability,’’ to include a provision

that all installations required to obtain

permits under 10 CSR 10–6.060 or 10

CSR 10–6.065 (Missouri’s construction

and operating permit program) file an

EIQ as outlined in the reporting

frequency table in subsection (2)(E). The

purpose of the change is to remove

exemptions that were not intended by

the Missouri legislature. This rule

requires subject facilities to submit

emission information and emission fees,

and makes emission data available to

the public.

The revision to Section (5) of Missouri

rule 10 CSR 10–6.110 clarifies language

related to payment of fees by charcoal

kilns to reflect provisions concerning

charcoal kiln fees in the Missouri

statute. For additional information,

please refer to the Technical Support

Document for this rulemaking.

III. Final Action

The EPA is taking final action to

approve revisions to Missouri’s SIP

concerning Missouri’s rule 10 CSR 10–

6.110, ‘‘Submission of Emission Data,

Emission Fees, and Process

Information,’’ and to approve revisions

to Missouri’s Title V program.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to the SIP shall be

considered separately in light of specific