[Federal Register Volume 62, Number 165 (Tuesday, August 26, 1997)]
[Rules and Regulations]
[Pages 45166-45167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22663]


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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.

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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

[[Page 45167]]

technical, economic, and environmental factors, and in relation to 
relevant statutory and regulatory requirements.

IV. Administrative Requirements

A. Docket

    Copies of the Missouri submittal and other information relied upon 
for the final approval are contained in the docket maintained at the 
EPA Region VII office. The docket is an organized and complete file of 
all the information submitted to or otherwise considered by the EPA in 
the development of this final approval. The docket is available for 
public inspection at the location listed under the ADDRESSES section of 
this document.

B. Executive Order 12866

     The Office of Management and Budget has exempted this regulatory 
action from Executive Order 12866 review.

C. 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. Similarly, approval of Title V Operation 
Permit Program revision creates no new requirements. Therefore, because 
the Federal 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)).

D. 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 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.

E. 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).

F. 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

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

40 CFR Part 70

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Operating permits, 
Reporting and recordkeeping requirements.

    Dated: August 6, 1997.
Martha R. Steincamp,
Acting Regional Administrator.

    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 adding paragraph (c)(100) to read 
as follows:


Sec. 52.1320  Identification of plan.

* * * * *
    (c) * * *
    (100) A revision to the Missouri SIP was submitted by the Missouri 
Department of Natural Resources on February 1, 1996, pertaining to 
Emission Data, Emission Fees, and Process Information.
    (i) Incorporation by reference.
    (A) Missouri Rule 10 CSR 10-6.110, ``Emission Data, Emission Fees, 
and Process Information,'' effective December 30, 1995.

PART 70--[AMENDED]

    1. The authority citation for part 70 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

    2. Appendix A to part 70 is amended by adding paragraph (c) to the 
entry for Missouri to read as follows.

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Program

* * * * *
    Missouri
* * * * *
    (c) The Missouri Department of Natural Resources submitted Missouri 
rule 10 CSR 10-6.110, ``Submission of Emission Data, Emission Fees, and 
Process Information,'' on February 1, 1996, approval effective 
September 25, 1997.
* * * * *
[FR Doc. 97-22663 Filed 8-25-97; 8:45 am]
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