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Approval and Promulgation of Implementation Plans; State of Missouri
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Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: May 18, 2000 (Volume 65, Number 97)]
[Rules and Regulations]
[Page 31482-31485]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18my00-9]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region 7 Tracking No. MO 102-1102; FRL-6701-5]
Approval and Promulgation of Implementation Plans; State of
Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is taking final action to approve a nitrogen oxides
(NOX) reasonably available control technology (RACT) rule
which is applicable to the St. Louis, Missouri, ozone nonattainment
area. This rule reduces NOX emissions in the St. Louis area
by requiring major sources to install or comply with RACT as required
by the Clean Air Act (CAA).
DATES: This rule is effective on June 19, 2000.
ADDRESSES: Copies of the state submittal are available at the following
address for inspection during normal business hours: Environmental
Protection Agency, Air Planning and Development Branch, 901 North 5th
Street, Kansas City, Kansas 66101.
FOR FURTHER INFORMATION CONTACT: Kim Johnson at (913) 551-7975.
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?
[[Page 31483]]
What does Federal approval of a state regulation mean to me?
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?
Section 110 of the 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?
NOX emissions combine with volatile organic compound
emissions on hot, sunny days to form ground level ozone, commonly known
as smog. The purpose of the following rule is to establish RACT
requirements in Missouri for major sources of NOX emissions.
These requirements will result in reductions of NOX
emissions which will help achieve reductions in ozone levels in the St.
Louis ozone nonattainment area. The St. Louis ozone nonattainment area
includes Franklin, Jefferson, St. Charles, and St. Louis counties, and
St. Louis City in Missouri and Madison, St. Clair and Monroe counties
in Illinois.
We are taking final action to approve as an amendment to the
Missouri SIP, rule 10 CSR 10-5.510, ``Control of Emissions of Nitrogen
Oxides,'' submitted to us on November 12, 1999. This NOX
RACT rule is applicable to all sources with the potential to emit 100
tons per year or more of nitrogen oxides in the Missouri portion of the
St. Louis nonattainment area. The rule establishes emission limits,
work practices, monitoring, testing, and recordkeeping and reporting
requirements for boilers, stationary internal combustion (IC) turbines,
stationary IC engines, incinerators, regenerative container melting
glass furnaces, and portland cement kilns.
The rule also requires any other stationary source, which has the
potential to emit NOX in amounts greater than the major
stationary source threshold, to undertake a ``case-by-case'' RACT study
to evaluate controls to minimize NOX emissions. This ``case-
by-case'' analysis establishes a procedure for identifying all
available control technologies and selecting the technology that
provides the most effective, cost reasonable reduction technique.
For those units subject to a NOX emission limitation,
the final compliance deadline is May 1, 2002. An extension of the
compliance deadline may be granted by the director, if the affected
installation submits a plan no later than January 1, 2001. This plan,
which is subject to approval by the Missouri Department of Natural
Resources, must include a detailed analysis of the air quality benefit
that will occur if the compliance date is extended, a detailed
explanation of why the compliance date should be extended, and a
proposed schedule for meeting compliance.
As required by 40 CFR 51.261(a)(2), no extension of the compliance
date can be approved if it extends final compliance beyond the
attainment date in the approved SIP.
We have reviewed the NOX controls and averaging
provisions in this rule and have determined that they are consistent
with relevant EPA guidance and with NOX controls approved as
RACT for other states.
No comments were received in response to the public comment period
regarding this rule action.
For more background information, the reader is referred to the
proposal for this rulemaking published on February 17, 2000, at 65 FR
8092.
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 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 and part D of Title I of the CAA.
What action is EPA taking?
We are taking final action to approve as an amendment to the
Missouri SIP rule 10 CSR 10-5.510, ``Control of Emissions of Nitrogen
Oxides,'' as meeting the requirement for NOX RACT which is
applicable to the Missouri portions of the St. Louis ozone
nonattainment area.
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
[[Page 31484]]
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 (Public Law 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. section 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 July 17, 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: May 4, 2000
Dennis Grams,
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. Sec. 52.1320 is amended by:
a. In the table to paragraph (c), Chapter 5, adding in numerical
order entry ``10-5.510.''
The addition reads as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
EPA--Approved Missouri Regulations
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State effective EPA approval
Missouri citation Title date date Explanation
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Missouri Department of Natural Resources
* * * * * *
*
Chapter 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis
Metropolitan Area
* * * * * *
*
10-5.510..................... Control of February 29, [insert FR cite
Emissions of 2000. and May 18,
Nitrogen 2000].
Oxides.
* * * * * *
*
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[[Page 31485]]
[FR Doc. 00-12387 Filed 5-17-00; 8:45 am]
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