[Federal Register Volume 62, Number 43 (Wednesday, March 5, 1997)]
[Proposed Rules]
[Pages 10002-10004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5422]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70

[MO 014-1014; FRL-5698-8]


Approval and Promulgation of Implementation Plan and State 
Operating Permit Program; State of Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing 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 program and was submitted as part of 
the state's plan to comply with Title V of the Clean Air Act (CAA).


[[Page 10003]]


DATES: Comments must be received on or before April 4, 1997.

ADDRESSES: Comments may be mailed to Stan Walker, Environmental 
Protection Agency, Air Branch, 726 Minnesota Avenue, Kansas City, 
Kansas 66101.

FOR FURTHER INFORMATION CONTACT: Stan Walker at (913) 551-7494.

SUPPLEMENTARY INFORMATION:

I. Background

    On February 1, 1996, the state of Missouri submitted revisions to 
Missouri rule 10 CSR 10-6.110 as part of the SIP and to comply with the 
operating permit requirement outlined in Title V of the CAA as amended 
(1990). A public hearing was held on July 27, 1996.

A. Missouri's SIP Submission

    Revisions to the rule provide 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. As 
specified in sections 182(a)(3)(B) and 182(b) of the CAA, emission 
statements are required of certain facilities in nonattainment areas. 
Emission statements are required if the actual emissions of either 
nitrogen oxide, volatile organic compounds, or carbon monoxide are 
equal to or greater than ten tons annually. Facilities must report 
emissions of each pollutant if they meet the ten-ton threshold for any 
of the three.
    An amendment to the rule also establishes emission factor 
approvability and procedures for adjusting emission fees. Also, the 
amendment revises the use of the terms ``contaminant'' and 
``pollution'' to reflect definitions in 10 CSR 10-6.020.

B. Proposed Approval of Revision to Missouri's Part 70 Operating Permit 
Program

    One amendment to Missouri rule 10 C.S.R. 10-6.110, changes section 
(1), ``Applicability,'' to include a provision that all installations 
required to obtain permits under 10 C.S.R. 10-6.060 or 10 C.S.R. 10-
6.065 to file an EIQ as outlined in the reporting frequency table in 
subsection (2)(E). Installations, however, can prove to the staff 
director that their potential emissions are below de minimis levels and 
that they should be exempt. The purpose of this change is to remove 
exemptions that were not intended by the Missouri legislature. 
Consequently, all air contaminant sources required to obtain a permit 
must pay emission fees. This rule requires subject facilities to submit 
emission information and emission fees, and makes emission data 
available to the public. Reference to rules 10 CSR 10-6.060 and 10 CSR 
10-6.065, as well as changes to Section (5) of the rule, relate to 
Missouri's Title V program covered under 40 CFR Part 70.
    The revision to Section (5) of Missouri rule 10 CSR 10-6.110 
clarifies language related to payment of fees by charcoal kilns. This 
particular change relates to Missouri's Operating Permits Program, as 
specified in the Missouri statutes, which was previously approved by 
the EPA on April 4, 1996 (61 FR 16063).

II. Proposed Action

    The EPA is proposing to approve revisions to Missouri's SIP and 
Missouri's Title V Operating Permit Program concerning Missouri rule 10 
CSR 10-6.110, ``Submission of Emission Data, Emission Fees, and Process 
Information.''
    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.

III. Administrative Requirements

A. Docket

    Copies of the state submittal and other information relied upon for 
the proposed approval are contained in a docket maintained at the EPA 
Regional 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 proposed approval. The docket is available for 
public inspection at the location listed under the ADDRESSES section of 
this document.

B. Executive Order (E.O.) 12866

    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995, memorandum from Mary Nichols, Assistant Administrator 
for Air and Radiation. The Office of Management and Budget has exempted 
this regulatory action from E.O. 12866 review.

C. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5. U.S.C. Sec. 600 et seq., 
the EPA must prepare a regulatory flexibility analysis assessing the 
impact of any proposed or final rule on small entities (5 U.S.C. 603 
and 604). Alternatively, the EPA may certify that the rule will not 
have a significant impact on a substantial number of small entities. 
Small entities include small businesses, small not-for-profit 
enterprises, and government entities with jurisdiction over populations 
of less than 50,000.
    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)).

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 proposed 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 pre-
existing 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.

[[Page 10004]]

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, Volatile organic compounds.

List of Subjects in 40 CFR Part 70

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

    Authority: 42 U.S.C. 7401-7671q.

    Dated: February 5, 1997.
William Rice,
Acting Regional Administrator.
[FR Doc. 97-5422 Filed 3-4-97; 8:45 am]
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