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Approval and Promulgation of Implementation Plans; State of Missouri
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: October 26, 2000 (Volume 65, Number 208)]
[Rules and Regulations]
[Page 64145-64148]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26oc00-7]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MO 110-1110; FRL-6889-8]
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 new statewide visible
emissions rule, and the rescission of four, old area specific visible
emission rules. The new statewide rule consolidates the requirements of
the four old area specific rules. The effect of this approval is to
ensure Federal enforceability of the state air program rules and to
maintain consistency between the state-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
[[Page 64146]]
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 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 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 June 7, 2000, we received a request from the Missouri Department
of Natural Resources (MDNR) to amend the SIP. The state requested that
we approve new statewide rule 10 CSR 10-6.220, Restriction of Emission
of Visible Air Contaminants, and rescind four old area-specific rules
which it replaced. The four rules to be rescinded, and their area of
applicability, are:
10 CSR 10-2.060, Restriction of Emission of Visible Air
Contaminants--Kansas City Metropolitan Area
10 CSR 10-3.080, Restriction of Emission of Visible Air
Contaminants--Outstate Missouri Area
10 CSR 10-4.060, Restriction of Emission of Visible Air
Contaminants--Springfield-Greene County Area
10 CSR 10-5.090, Restriction of Emission of Visible Air
Contaminants--St. Louis Metropolitan Area
The applicability and intent of the new rule do not differ from the
old rules. Certain revisions were made to provide clarification and to
enhance enforceability, however. For example, a definitions section was
added with definitions relevant to this rule, obsolete exemptions were
removed, area specific exemptions were expanded to statewide exemptions
where appropriate, ``Source operating time'' definition was clarified,
and non-COMS test methods were specified.
The benefits of consolidating the four rules into one include:
Allows fewer rules for Title V compliance; clarifies statewide visible
emission requirements and exemptions; requires enforcement and
maintenance of one rule, rather than four; provides consistent
enforcement throughout the state; avoids confusion interpreting
specific rule requirements and exemptions in different areas of the
state; and adds a clarification that sources regulated under the new
source performance standards (NSPS) are subject to the more stringent
NSPS requirements.
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 four SIP approved area specific rules and approving in their place
an equivalent statewide visible emissions rule.
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
[[Page 64147]]
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
(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. 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 under Chapter 2 for 10-2.060;
b. Removing the entry under Chapter 3 for 10-3.080;
c. Removing the entry under Chapter 4 for 10-4.060;
d. Removing the entry under Chapter 5 for 10-5.090; and
e. Adding in numerical order an entry under Chapter 6 for 10-6.220.
The addition reads as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
EPA--Approved Missouri Regulations
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State
Missouri Title effective EPA approval date Explanation
citation date
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Missouri Department of Natural Resources
* * * * * *
Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
Regulations for the State of Missouri
* * * * * *
10-6.220 Restriction of Emission of 11/30/99 [insert date of publication
Visible Air Contaminants. and FR cite].
* * * * * *
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[[Page 64148]]
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[FR Doc. 00-27144 Filed 10-25-00; 8:45 am]
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