[Federal Register Volume 65, Number 208 (Thursday, October 26, 2000)]
[Rules and Regulations]
[Pages 64158-64161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27148]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[MO 116-1116a; FRL-6890-4]


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 the state's Submission of 
Emission Data, Emission Fees, and Process Information rule. EPA is also 
approving this rule as it pertains to Missouri's part 70 operating 
permits program. EPA is also approving the state's request to remove 
from the SIP the General Organization rule. The effect of this action 
is to ensure Federal enforceability of the state's air program rule 
revisions and to maintain consistency between the state-adopted rules 
and the approved SIP and part 70 programs.

DATES: This direct final 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 the Part 70 Operating Permits Program?
What Is Being Addressed in This Action?
Have the Requirements for Approval of a SIP Revision Been Met?
What Action Is EPA Taking?
What Is a SIP?


[[Page 64159]]


    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 the Part 70 Operating Permits Program?

    The Clean Air Act (CAA) Amendments of 1990 require all states to 
develop operating permits programs that meet certain Federal criteria. 
In implementing this program, the states are to require certain sources 
of air pollution to obtain permits that contain all applicable 
requirements under the CAA. One purpose of the part 70 operating 
permits program is to improve enforcement by issuing each source a 
single permit that consolidates all of the applicable CAA requirements 
into a Federal enforceable document. By consolidating all of the 
applicable requirements for a facility into one document, the source, 
the public, and the permitting authorities can more easily determine 
what CAA requirements apply and how compliance with those requirements 
is determined.
    Sources required to obtain an operating permit under this program 
include ``major'' sources of air pollution and certain other sources 
specified in the CAA or in our implementing regulations. For example, 
all sources regulated under the acid rain program, regardless of size, 
must obtain permits. Examples of major sources include those that emit 
100 tons per year or more of volatile organic compounds, carbon 
monoxide, lead, sulfur dioxide, nitrogen dioxide, or PM<INF>10</INF>; 
those that emit 10 tons per year of any single hazardous air pollutant 
(HAP) (specifically listed under the CAA); or those that emit 25 tons 
per year or more of a combination of HAPs.
    Revisions to the state and local agencies operating permits program 
are also subject to public notice, comment, and our approval.

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 
rule 10 CSR 10-6.110, Submission of Emission Data, Emission Fees, and 
Process Information. MDNR also requested that we approve this rule 
revision as it pertains to the state's approved part 70 operating 
permits program.
    On August 26, 1999, the Missouri Air Conservation Commission (MACC) 
adopted revisions to this rule, which became effective on December 30, 
1999. These revisions corrected a typographical error, updated calendar 
year references, made other clarifying revisions, and added a section 
which clarified the state's ability to collect past fees. The revisions 
do not change the stringency of the rule.
    In a separate request, also dated May 22, 2000, MDNR requested that 
we remove from the SIP rule 10 CSR 10-1.010, General Organization. In 
1998, MDNR revised this rule to reflect organizational and operational 
changes that had occurred since the promulgation of the rule in 1987. 
The rule revision was adopted by the MACC on August 27, 1998, and 
became effective on December 30, 1998. In its submittal letter to us 
MDNR requested that this rule be removed from the SIP. This rule only 
governs internal MDNR authorities and responsibilities and does not 
relate to attainment of the National Ambient Air Quality Standards. We 
believe it is appropriate to remove this rule from the SIP and thus are 
approving the state's request.
    A more detailed discussion of the specific rule revisions and the 
state's actions is contained in the technical support document prepared 
for this action, which is available from the EPA contact listed above.

Have the Requirements for Approval of a SIP Revision Been Met?

    The state submittals 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 technical 
support document 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 rules which are 
noncontroversial. Therefore, we do not anticipate any adverse comments.

Conclusion

    We are approving the state's request to amend the SIP by approving 
revisions to rule 10 CSR 10-6.110 and by removing rule 10 CSR 10-1.010 
from the SIP. We are also approving rule 10 CSR 10-6.110 as it pertains 
to the Missouri part 70 operating permits program.

[[Page 64160]]

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. section 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).)

List of Subjects in 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.

    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. In Sec. 52.1320(c) the table is amended by:
    a. Removing the entry for Chapter 1 including the entry 10-1.010.
    b. Revising the entry under Chapter 6 for 10-6.110, to read as 
follows:


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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                                    Missouri Department of Natural Resources
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*                  *                  *                  *                  *                  *
                                                        *
    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
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*                  *                  *                  *                  *                  *
                                                        *
10-6.110.....................  Submission of            12/30/99  10/26/00 and FR cite....  Section (5),
                                Emission Data,                                               Emission Fees, has
                                Emission Fees and                                            not been approved
                                Process Information.                                         as part of the SIP.
 
*                  *                  *                  *                  *                  *
                                                        *
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[[Page 64161]]

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 (g) to the 
entry for Missouri to read as follows:

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

* * * * *

Missouri

* * * * *
    (g) The Missouri Department of Natural Resources submitted 
Missouri rule 10 CSR 10-6.110, Submission of Emission Data, Emission 
Fees, and Process Information on May 22, 2000, approval effective 
December 26, 2000.
* * * * *
[FR Doc. 00-27148 Filed 10-25-00; 8:45 am]
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