20318 Federal Register / Vol. 63, No. 79 / Friday, April 24, 1998 /Rules and Regulations

E. 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 June 23, 1998. 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). EPA encourages interested

parties to comment in response to the

proposed rule rather than petition for

judicial review, unless the objection

arises after the comment period allowed

for in the proposal.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements.

Note: Incorporation by reference of the

State Implementation Plan for the State of

Connecticut was approved by the Director of

the Federal Register on July 1, 1982.

Dated: April 2, 1998.

John P. DeVillars,

Regional Administrator, Region I.

Part 52 of 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 H—Connecticut

2. Section 52.370 is amended by

adding paragraph (c)(73) to read as

follows:

§ 52.370 Identification of plan.

* * * * *

(c) * * *

(73) Revisions to the State

Implementation Plan submitted by the

Connecticut Department of

Environmental Protection on June 3,

1996.

(i) Incorporation by reference.

(A) Letter from the Connecticut

Department of Environmental Protection

dated June 3, 1996, submitting a

revision to the Connecticut State

Implementation Plan.

(B) State Order No. 8036, dated May

6, 1996, for Risdon Corporation,

effective on that date. The State order

define and impose alternative RACT on

certain VOC emissions at Risdon

Corporation in Danbury, Connecticut.

3. In § 52.3854, Table 52.385 is

amended by adding a new entry to

existing state citations for Section 22a–

174–20, ‘‘Control of Organic Compound

Emissions’’ to read as follows:

§ 52.385 EPA-approved Connecticut

regulations.

* * * * *

TABLE 52.385.—EPA-APPROVED RULES AND REGULATIONS

Connecticut

state citation Title/subject

Dates

Federal Register

citation

Section

52.370 Comments/description Date adopted

by state

Date approved by

EPA

* * * * * * *

22a–174–20 ... Control of organic compound emissions.June 3, 1996 April 24, 1998 [Insert FR citation from

published date].

(c)(73) .......... Alternative VOC RACT

for Risdon Corporation in Danbury.

* * * * * * *

[FR Doc. 98–10975 Filed 4–23–98; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MO 046–1046; FRL–6001–2]

Approval and Promulgation of

Implementation Plans; State of

Missouri

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: The EPA is taking final action

to approve revisions to Missouri Rule 10

CSR 10–2.330, ‘‘Control of Gasoline

Reid Vapor Pressure,’’ submitted by the

Missouri Department of Natural

Resources (MDNR) on November 13,

1997. This revision sets a summertime

gasoline Reid Vapor Pressure (RVP)

limit of 7.2 pounds per square inch

(psi), and 8.2 psi for gasoline containing

at least 9.0 percent by volume but not

more than 10.0 percent by volume

ethanol, for gasoline distributed in Clay,

Platte, and Jackson Counties in

Missouri. This revision is necessary to

ensure that the area continues to

maintain the National Ambient Air

Quality Standard (NAAQS) for ozone.

DATES: This rule is effective on May 26,

1998.

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.

FOR FURTHER INFORMATION CONTACT: Stan

Walker at (913) 551–7494.

SUPPLEMENTARY INFORMATION:

I. Background

On March 24, 1997 (62 FR 13849), the

EPA proposed to approve the

incorporation of Missouri Rule 10 CSR

10–2.330 into the State Implementation

Plan (SIP). This revision, which limits

the RVP of gasoline sold in the Missouri

portion of the Kansas City metropolitan

area, is necessary to help the Kansas

City area maintain the NAAQS for

ozone.

The state emergency rule was adopted

and approved by the Missouri Air

Conservation Commission (MACC) after

proper public notice and hearing

procedures. The emergency rule became

effective on May 1, 1997, and expired

on October 27, 1997. The state’s

permanent rule has undergone proper

public notice and hearing and was

adopted at the June 26, 1997, public

hearing by the MACC, and became

effective on October 30, 1997.
Federal Register / Vol. 63, No. 79 / Friday, April 24, 1998 /Rules and Regulations 20319

The EPA proposed approval of the

state’s permanent rule using parallel

processing procedures. Under these

procedures, the EPA proposed to

approve Missouri’s rule based on

adoption of a comparable final

permanent rule. The EPA received no

comments on its proposed approval.

On October 9, 1997, the EPA gave

final conditional approval to Missouri

rule 10 CSR 10–2.330. Full approval

was contingent upon Missouri

submitting the final permanent rule by

November 30, 1997. Missouri has since

completed its rule adoption procedures

for the permanent rule and submitted

the rule on November 13, 1997.

Therefore, the EPA is taking final action

to approve this revision to Missouri’s

SIP.

In accord with section 211(c)(4)(C),

the EPA is able to approve this fuel

control measure because the state of

Missouri demonstrated that the measure

is necessary to achieve the national

primary and secondary ambient air

quality standard. The EPA also approves

the state fuel requirement as necessary

because no other measures would bring

about timely attainment or, if other

measures exist, they are unreasonable or

impracticable.

For additional background on this

action and the EPA’s detailed rationale

for approval, please refer to the

technical support document (TSD) for

the aforementioned notice of proposed

rulemaking (62 FR 13849) and the TSD

for this final rulemaking.

II. Final Action

The EPA is taking final action to give

full approval to the SIP revision

concerning Missouri Rule 10 CSR 10–

2.330, ‘‘Control of Gasoline Reid Vapor

Pressure,’’ submitted by MDNR.

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.

Full approval was contingent upon

Missouri completing its rule adoption

procedures prior to expiration of the

emergency rule, and submitting the

permanent rule by November 30, 1997.

Missouri submitted the permanent rule

on November 13, 1997, thus meeting the

aforementioned condition.

III. Administrative Requirements

A. Regulatory Flexibility Act

SIP approvals under section 110 and

subchapter I, Part D of the Clean Air Act

(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)).

B. Executive Order 12866

The Office of Management and Budget

has exempted this regulatory action

from Executive Order 12866 review.

C. 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.

D. Submission to Congress and the

Comptroller General

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. The EPA will

submit 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 United States prior to

publication of the rule in the Federal

Register. This rule is not a ‘‘major rule’’

as defined by 5 U.S.C. § 804(2).

E. 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 June 23, 1998. 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, Volatile organic compounds.

Dated: April 2, 1998.

William Rice,

Acting Regional Administrator, Region VII.

Part 52, 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 is amended by

adding paragraph (c)(105) to read as

follows:

§ 52.1320 Identification of plan.

* * * * *

(c) * * *

(105) Revision to the Missouri SIP

submitted by the Missouri Department

of Natural Resources on November 13,

1997.

(i) Incorporation by reference.

(A) Missouri Rule, 10 CSR 10–2.330,

Control of Gasoline Reid Vapor

Pressure, effective October 30, 1997.
20320 Federal Register / Vol. 63, No. 79 / Friday, April 24, 1998 /Rules and Regulations

3. Section 52.1323 is amended by

adding paragraph (m) to read as follows:

§ 52.1323 Approval status.

* * * * *

(m) The Administrator approves

Missouri rule 10 CSR 10–2.330 under

§ 52.1320(c)(105). This fulfills the

requirements of the conditional

approval granted effective November 10,

1997, as published on October 9, 1997.

[FR Doc. 98–10974 Filed 4–23–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 62

[MO 053–1053a; FRL–6003–2]

Approval and Promulgation of State

Plans for Designated Facilities and

Pollutants; Missouri; Control of

Landfill Gas Emissions From Existing

Municipal Solid Waste Landfills

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA is approving the

Missouri plan for implementing the

municipal solid waste (MSW) landfill

emission guideline (EG) at 40 CFR part

60, subpart Cc, which was required

pursuant to section 111(d) of the Clean

Air Act (Act). The state’s plan was

submitted to the EPA on January 26,

1998, in accordance with the

requirements for adoption and submittal

of state plans for designated facilities in

40 CFR part 60, subpart B. The plan

establishes emission limits for existing

MSW landfills, and provides for the

implementation and enforcement of

those limits.

DATES: This action is effective June 23,

1998 unless by May 26, 1998 adverse or

critical comments are received. If

adverse comments are received, EPA

will publish a timely withdrawal of the

rule in the Federal Register.

ADDRESSES: Comments may be mailed to

Wayne Kaiser, Environmental

Protection Agency, Air Planning and

Development Branch, 726 Minnesota

Avenue, Kansas City, Kansas 66101.

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.

FOR FURTHER INFORMATION CONTACT:

Wayne Kaiser at (913) 551–7603.

SUPPLEMENTARY INFORMATION:

I. Background

Under section 111(d) of the Act, the

EPA has established procedures

whereby states submit plans to control

certain existing sources of ‘‘designated

pollutants.’’ Designated pollutants are

defined as pollutants for which a

standard of performance for new

sources applies under section 111, but

which are not ‘‘criteria pollutants’’ (i.e.,

pollutants for which national ambient

air quality standards are set pursuant to

sections 108 and 109 of the Act). As

required by section 111(d) of the Act,

the EPA established a process at 40 CFR

part 60, subpart B, similar to the process

required by section 110 of the Act

(regarding state implementation plan

approval) which states must follow in

adopting and submitting a section

111(d) plan. Whenever the EPA

promulgates a new source performance

standard (NSPS) that controls a

designated pollutant, the EPA

establishes emissions guidelines (EG) in

accordance with 40 CFR 60.22 which

contain information pertinent to the

control of the designated pollutant from

that NSPS source category (i.e., the

‘‘designated facility’’ as defined at 40

CFR 60.21(b)). Thus, a state’s section

111(d) plan for a designated facility

must comply with the EG for that source

category as well as 40 CFR part 60,

subpart B.

On March 12, 1996, the EPA

published an EG for existing MSW

landfills at 40 CFR part 60, subpart Cc

(40 CFR 60.30c through 60.36c) and

NSPS for new MSW landfills at 40 CFR

part 60, subpart WWW (40 CFR 60.750

through 60.759). The pollutant regulated

by the NSPS and EG is MSW landfill

emissions, which contain a mixture of

volatile organic compounds (VOC),

other organic compounds, methane, and

hazardous air pollutants (HAP). To

determine whether control is required,

nonmethane organic compounds

(NMOC) are measured as a surrogate for

MSW landfill emissions. Thus, NMOC

is considered the designated pollutant.

The designated facility which is subject

to the EG is each existing MSW landfill

(as defined in 40 CFR 60.31c) for which

construction, reconstruction, or

modification was commenced before

May 30, 1991.

Pursuant to 40 CFR 60.23(a), states

were required to submit a plan for the

control of the designated pollutant to

which the EG applies within nine

months after publication of the EG, or

by December 12, 1996. If there were no

designated facilities in the state, then

the state was required to submit a

negative declaration by December 12,

1996.

II. Analysis of State Submittal

The official procedures for adoption

and submittal of state plans are codified

in 40 CFR part 60, subpart B, sections

60.23 through 60.26. Subpart B

addresses public participation, legal

authority, emission standards and other

emission limitations, compliance

schedules, emission inventories, source

surveillance, compliance assurance and

enforcement requirements, and crossreferences to the MSW landfill EG.

On January 26, 1998, the state of

Missouri submitted its section 111(d)

plan for MSW landfills for

implementing the EPA’s MSW landfill

EG.

The Missouri plan includes

documentation that all applicable

subpart B requirements have been met.

More detailed information on the

requirements for an approvable plan

and Missouri’s submittal can be found

in the Technical Support Document

(TSD) accompanying this action, which

is available on request.

The Missouri plan cross referenced

both the NSPS subpart WWW and EG

subpart Cc to adopt the requirements of

the Federal rule. The state has ensured,

through this cross-reference process,

that all the applicable requirements of

the Federal rule have been adopted into

the state plan. The emission limits,

testing, monitoring, reporting and

recordkeeping requirements, and other

aspects of the Federal rule have been

adopted. Missouri rules 10 CSR 10–

5.490 and 10 CSR 10–6.310 contain the

applicable requirements.

Missouri demonstrated that it has the

legal authority to implement and

enforce the applicable requirements.

The state provided evidence that it

complied with the public notice and

comment requirements of 40 CFR part

60, subpart B.

III. Final Action

Based on the rationale discussed

above and in further detail in the TSD

associated with this action, the EPA is

approving Missouri’s January 26, 1998,

submittal of its section 111(d) plan for

the control of landfill gas from existing

MSW landfills. Since there is no Indian

Country in Missouri, this approval

encompasses the entire state.

The EPA is publishing this rule

without prior proposal because the

Agency views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in the proposed

rules section of this Federal Register

publication, the EPA is publishing a

separate document that will serve as the

proposal to approve the state plan

revision should relevant adverse