ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Part 52 

[EPA-R07-OAR-2008-0787 ; FRL- ] 

Approval and Promulgation of Implementation Plans ; State of 

Missouri 

AGENCY : Environmental Protection Agency (EPA) . 

ACTION : Direct final rule . 

SUMMARY : EPA is approving a revision to the State 

Implementation Plan (SIP) submitted by the state of Missouri . 

This revision applies to Missouri's rule relating to restriction 

of emission of visible air contaminants and removes redundant 

definitions, removes an outdated exemption for incinerators used 

to burn refuse in the outstate area, and clarifies that the test 

methods stated in the rule shall be used to determine the 

opacity of visible emissions . EPA is not taking action on the 

state submitted revisions relating to open burning, as these 

provisions revise a rule that has not been adopted into the SIP . 

Approval of this revision will ensure consistency between the 

state and the Federally-approved rules . 

DATES : This direct final rule will be effective [insert date 60 

days f rom date of publication in the Federal Register ], without 

further notice, unless EPA receives adverse comment by [ insert 

date 30 days from date of publication in the Federal Register ] . 

If adverse comment is received, EPA will publish a timely 
2 

withdrawal of the direct final rule in the Federal Registe r 

informing the public that the rule will not take effect . 

ADDRESSES : Submit your comments, identified by Docket ID No . 

EPA-R07-OAR-2008-0787, by one of the following methods : 

1 . www .regulations .gov . Follow the on-line instructions for 

submitting comment-s . 

2 . E-mail : kemp .lachala@epa .gov . - 

3 . Mail : Lachala Kemp, Environmental Protection Agency, Air 

Planning-and Development Branch, 901 North 5th Street, Kansas 

City, Kansas 66101 . 

4 . Hand Delivery or Courier . Deliver your comments to Lachala 

Kemp, Environmental Protection Agency, Air Planning and 

Development Branch, 901 North 5th Street, Kansas City, Kansas 

66101 . 

Instructions : Direct your comments to Docket ID No . EPAR07-OAR-2008-0787 . EPA's policy is that all comments received 

will be included in the public docket without change and may be 

made available online at www .regul-ati ons-gov , including any 

personal information provided, unless the comment includes 

information claimed to be Confidential Business Information 

(CBI) or other information whose disclosure is restricted by 

statute . Do not submit through www -regulations .gov or e-mail 

information that you consider to be CBI or otherwise protected . 

The www .regulations .gov website is an "anonymous access" system, 
3 

which means EPA will not know your identity or contact 

information unless you provide it in the body of your comment . 

If you send an e-mail comment directly to EPA without going 

through www .regulations .go v, your e-mail address will be 

automatically captured and included as part of the comment that 

is placed in the public docket and made available on the 

Internet . If you submit an electronic comment, EPA recommends 

that you include your name and other contact information in the 

body of your comment and with any disk or CD-ROM you submit . 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 . Electronic files should avoid the use of 

special characters, any form of encryption, and be free of any 

defects or viruses . 

Docket : All documents in the docket are listed in the 

www .regulations-gov index . Although listed in the index, some 

information is not publicly available, i .e ., CBI or other 

information whose disclosure is restricted by statute . Certain 

other material, such as copyrighted material, is not placed on . 

the Internet and will be publicly available only in hard copy 

form . Publicly available docket materials are available either 

electronically in www .regulations .gov or in hard copy at the 

Environmental Protection Agency, Air Planning and Development 

Branch, 901 North 5th Street, Kansas City, Kansas 66101 . The 
4 

Regional office's official hours of business are Monday through 

Friday, 8 :00 to 4 :30 excluding Federal holidays . 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 : Lachala Kemp at (913) 551-

7214, or by e-mail at kemp .lachala@epa .gov . 

SUPPLEMENTARY INFORMATION : Throughout this document "we," "us," 

or "our" refer to 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 . , 
5 

Each state must submit these regulations and control 

strategies to us 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 
6 

Federally-approve,d 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? 

On September 16, 2008, EPA received a request from the 

Missouri Department of-Natural Resources to approve revisions to 

the SIP amending 10 CSR 10-6 .220, "Restriction of Emission of 

Visible Air Contaminants," sections (1) Applicability, (2) 

Definitions, (3) General Provisions, and (5) Test Methods . 

In general, these revisions relate to provisions of the 

state rule incorporating various Federal rules by reference . 

The revisions add dates to clarify the version of the 

incorporated Federal rules referenced in the state rules . 
7 

Subsection (1)(H), in the applicability section, exempts 

from the SIP visible emissions requirements sources which are 

subject to .the new source performance standards promulgated by 

EPA and incorporated by reference into the state rule . The 

subsection is amended to provide specific references to the 

Federal rule (40 CFR part 60, promulgated as of July 1, 2007) . 

Subsection (1)(I), in the applicability section, is not 

being acted on . This subsection exempts from the visible 

emissions requirements certain activities exempted from 

Missouri's open burning rule : The open burning rule, 10 CSR 10-

6 .045, has not been submitted by Missouri for approval into the 

state's implementation plan . Therefore, EPA is not taking 

action at this time to approve this revision in the SIP . 

Subsection (1)(J), in the applicability section, is being 

removed from the SIP . This subsection exempted from the rule 

incinerators used to burn refuse in the outstate areas of 

Missouri . EPA has determined that elimination of this exemption 

strengthens the SIP . 

In section 2, "Definitions," the definitions of "opacity" 

and "outstate area" were removed . These definitions were either 

no longer applicable or more clearly defined in other rules . 

The definition of "six-minute period," applicable to sources 

using continuous opacity monitoring data, was revised to specify 

the applicable Federal rule (40 CFR part 60, App . B) which .is 
8 

incorporated by reference in the state definition . 

In General Provisions, (3)(F) was revised to reflect that 

all sources subject to the rule, including those required to 

have continuous opacity monitors, are subject to the testing 

requirements in section 5 of 10 CSR 10-6 .220 . . 

Missouri's reference to test method 203A - Visual 

Determination of Opacity of Emissions from Stationary Sources 

for Time-Averaged Regulations, was revised in (5)(A)2 to update 

the reference to Federal test methods . The reference to test 

method 203B - Visual Determination of Opacity of Emissions from 

Stationary Sources for Time-Exception Regulations, (5)(A)3 ., was 

revised to reference the Federal methods promulgated as of July 

1, 2007 . 

Subsections (5)(B), "Emissions from Mobile Internal 

Combustion Engines," and (5)(C), "Fugitive Emissions from 

Material Sources, Smoke Emissions from Flares and as Required by 

Permit Condition," were revised to specify that Missouri is 

incorporating applicable EPA test methods promulgated as of July 

1, 2007 (Method 22, 40 CFR part 60, App . A) . EPA has determined 

that these rule updates do not substantively change the 

stringency of the SIP . 

Have the requirements for approval of a SIP revision been met? 

The submittal satisfied the completeness criteria of 40 CFR 

part 51, appendix V . In addition, the state submittal has met 
9 

the public notice requirements for SIP submission in accordance 

with 40 CFR 51 .102 . The revisions are not substantive changes 

to the existing SIP, but merely clarify existing requirements . 

Therefore the revisions continue to meet the substantive SIP 

requirements of the CAA, including section 110 . 

What action is EPA taking? 

We are approving revisions to the Missouri SIP (10 CSR 10-

6 .220) as described above . We are not acting on the revision 

exempting sources which are exempt from the open burning rule, 

as described above . This revision .will ensure consistency 

between the state and the Federally-approved rules . We have 

determined that these changes will not relax the SIP or 

adversely impact air quality . 

We are processing this action as a direct final action 

because the revisions make routine changes to the existing rules 

which are noncontroversial, and they do not~contain substantive 

changes . Therefore, we do not anticipate any adverse comments . 

Please note that if EPA receives 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 . 

Statutory and Executive Order Reviews 

Under the CAA, the Administrator is required to approve a 

SIP submission that complies with the provisions of the Act and 
10 

applicable Federal regulations . 42 U .S .C . 7410(k) ; 40 CFR 

52 .02(a) . Thus, in reviewing SIP submissions, EPA's role is to 

approve state choices, provided that they meet the criteria of 

the CAA . Accordingly, this action merely approves state law as 

meeting Federal requirements and does not impose additional 

requirements beyond those imposed by state law . For that 

reason, this action : 

" is not a "significant regulatory action" subject to review 

by the office of Management and Budget under Executive 

Order 12866 (58 FR 51735, October 4, 1993) ; 

" does not impose an information collection burden under the 

provisions of the Paperwork Reduction Act (44 U .S .C . 3501 

et seq . ) ; 

" is certified as not having a significant economic impact on 

a substantial number of small entities under the Regulatory 

Flexibility Act (5 U .S .C . 601 et seq .) ; 

" does not contain any unfunded mandate or significantly or 

uniquely affect small governments, as described in the 

Unfunded Mandates Reform Act of 1995 (Public Law 104-4) ; 

" does not have Federalism implications as specified in 

Executive Order 13132_(64 FR 43255, August 10, 19~99) ; 

" is not an economically significant regulatory action based 

on health or safety risks subject to Executive Order 13045 
11 

(62 FR 19885, April 23, 1997) ; 

is not a significant regulatory action subject to Executive 

Order 13211 (66 FR 28355, May 22, 2001) ; 

" is not subject to requirements of Section 12(d) of the 

National Technology Transfer and Advancement Act of 1995 

(15 U.S .C . 272 note) because application of those 

requirements would be inconsistent with the Clean Air Act ; 

and 

" does not provide EPA with the discretionary authority to 

address, as appropriate, disproportionate human health or 

environmental effects, using practicable and legally 

permissible methods, under Executive Order 12898 (59 FR 

7629, February 16, 1994) . 

In addition, this rule does not have tribal implications as 

specified by Executive Order 13175 (65 FR 67249 ; November 9, 

2000), because the SIP is not approved to apply in Indian 

country located in the state, and EPA notes that it will not 

impose substantial direct costs on tribal governments or preempt 

tribal law . 

The Congressional Review Act, 5 . U .S .C . 801 et sec ., 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 
, 12 

and to the Comptroller' General of the United States . EPA will 

submit a report containing this action 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 [ FEDERAL REGISTER 

OFFICE : insert date 60 days from date of publication of this 

document in the Federal Register] . Filing a petition for 

reconsideration by the Administrator of this final rule does not 

affect the finality of this action 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 . Parties with objections 

to this direct final rule are encouraged to file a comment in 

response to the parallel notice of proposed rulemaking for this 

action published in the proposed rules section of today's 

Federal Register , rather than file an immediate petition for 

judicial review of this direct final rule, so that EPA can 

withdraw this direct final rule and address the comment in the 
13 

final rulemaking . 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 : 

William Rice, 

Acting RegionK Administrator, 

Region 7 . 
14 

40 CFR part 52 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 et seg . 

Subpart AA - Missouri 

2 . In § 52 .1320(c) the table is amended under Chapter 6 by 

revising the entry for '"10-6 .22011-to read as follows : 

§52 .1320 Identification of plan . 

* * *-* * 

(c) * * * 

EPA-Approved Missouri Regulations 

Missouri 

citation Title 

State 

effective 

date 

EPA approval 

date Explanation 

Missouri Department of Natural Resources 

* * * * * * * 

Chapter 6-Air Quality Standards, Definitions, Sampling and Reference 

Methods and Air Pollution Control Regulations for the Entire State of 

Missouri 

* * * .* * * * 

10-6 .220 Restriction of 9/30/08 [ insert date of Subsection 

Emission of FR publication] (1)(I) 

Visible Air [insert FR page referring to 

Contaminants number where the the open 

document begi_ns] burning rule, 

10 CSR 10- 

6 .045, is not 

SIP approved .