[Federal Register Volume 65, Number 208 (Thursday, October 26, 2000)]
[Rules and Regulations]
[Pages 64156-64158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27146]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MO 108-1108; FRL-6890-3]


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 a revision to a St. Louis city 
ordinance and to a revision and revocation of three St. Louis city 
issued incinerator permits. 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 rule is effective on December 26, 2000, without further 
notice, unless EPA receives adverse written comment by November 27, 
2000. If EPA receives such comments, it will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Written comments must be submitted to Wayne Kaiser, Air 
Planning and Development Branch, 901 North 5th Street, Kansas City, 
Kansas 66101.
    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.

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?

    On May 22, 2000, we received a request from the Missouri Department 
of Natural Resources (MDNR) to amend the SIP to approve revisions to a 
St. Louis city ordinance and incinerator permits.
    On April 22, 1998, (63 FR 19823) EPA approved a revision to the 
Missouri SIP which incorporated two sections of St. Louis City air 
pollution control Ordinance No. 59270. These two sections pertained to 
open burning restrictions and related definitions. In the same action, 
EPA also approved three medical waste incinerator permits issued by the 
city of St. Louis.
    In 1999, the city updated the provisions of this Ordinance by 
adopting replacement Ordinance No. 64749. A few of the revisions in the 
new Ordinance pertained to the SIP-approved sections mentioned above. 
SIP-approved revisions in the new Ordinance consist of renumbering of 
the definitions and the addition of a

[[Page 64157]]

definition for vegetation. In order to maintain consistency between the 
local agency approved SIP rules and the Federally approved SIP, the 
city requested that the state submit the relevant provisions of the new 
Ordinance as a SIP revision and that EPA rescind approval of the old 
Ordinance. At the same time, the city determined that two of the SIP 
approved incinerator permits were no longer necessary since the sources 
were closed. The city subsequently revoked the permits for these 
sources and as part of this submittal has requested that these permits 
be rescinded from the SIP. Finally, the third permit was modified to 
update a reference to the Ordinance number. This modification was 
accomplished by way of a letter from the St. Louis Division of Air 
Pollution Control to Tim Hill, Energy Center Director, St. Louis 
University Hospital, St. Louis, Missouri, dated January 31, 2000.
    With respect to the air pollution control revisions in Ordinance 
No. 64749, EPA is approving the following: Section 7--Definitions; Open 
burning, Refuse (omitting the phrase ``other than liquids or gases''), 
Salvage operation, Trade waste, Vegetation, and Section 17--Open 
Burning Restrictions.
    With respect to the incinerator permits, EPA is approving the 
state's request to remove from the SIP permits numbered 96-10-083 and 
96-10-084 issued to Washington University School of Medicine, and is 
approving the revision contained in the city's letter of January 31, 
2000, for the St. Louis University Hospital incinerator.
    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 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 processing this action as a final action because the 
revisions make routine changes to the existing SIP which are 
noncontroversial. Therefore, we do not anticipate any adverse comments.

Conclusion

    We are approving the state's request to amend the SIP by rescinding 
the SIP approved provisions of St. Louis City Ordinance No. 59270 and 
concurrently approving in Ordinance No. 64794, certain definitions in 
section 7--Definitions, and section 17--Open Burning. We are also 
approving a revision to the incinerator permit for St. Louis University 
Hospital, and deleting two incinerator permits for Washington 
University School of Medicine.

Administrative Requirements

    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. 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 preexisting 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). For the same reason, this 
rule also does not significantly or uniquely affect the communities of 
tribal governments, as specified by Executive Order 13084 (63 FR 27655, 
May 10, 1998). 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 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 (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. As required by section 3 of Executive Order 12988 
(61 FR 4729, February 7, 1996), in issuing this rule, we have taken the 
necessary steps to eliminate drafting errors and ambiguity, minimize 
potential litigation, and provide a clear legal standard for affected 
conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March 
15, 1988) by examining the takings implications of the rule in 
accordance with the ``Attorney General's Supplemental Guidelines for 
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued 
under the Executive Order. 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. 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. 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 December 26, 2000. 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).)

[[Page 64158]]

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.

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

    Dated: October 6, 2000.
William Rice,
Acting Regional Administrator, Region 7.

    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 et seq.

Subpart AA--Missouri

    2. Section 52.1320(c) is amended by removing the heading and 
entries for ``St. Louis City Ordinance 59270'' and adding in its place 
the new heading and entries shown below.


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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                   *                  *                  *                  *                  *                  *                  *
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                                                             St. Louis City Ordinance 64749
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Section 7........................  Definitions.............................      4/27/00  10/26/00 and FR cite............  The phrase ``other than
                                                                                                                             liquids or gases'' in the
                                                                                                                             Refuse definition has not
                                                                                                                             been approved.
Section 17.......................  Open Burning............................      4/27/00  10/26/00 and FR cite............
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    3. Section 52.1230(d) is amended under the heading ``St. Louis City 
Incinerator Permits'' by deleting the two entries for Washington 
University School of Medicine and adding an entry at the end of the 
table for St. Louis University.
    (d) * * *

                              EPA--Approved State Source-Specific Permits and Orders
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                                                         State
        Name of source            Order/permit No.     effective       EPA approval date          Explanation
                                                          date
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*                  *                  *                  *                  *                  *
                                                        *
St. Louis University.........  Permit Matter No. 00-      1/31/00  10/26/00 and FR cite.....
                                01-004.
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[FR Doc. 00-27146 Filed 10-25-00; 8:45 am]
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