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: March 18, 2003 (Volume 68, Number 52)]
[Rules and Regulations]
[Page 12831-12833]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18mr03-14]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MO 174-1174a; FRL-7467-4]

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 announcing it is approving a revision to the Missouri
State Implementation Plan (SIP). This revision pertains to two Missouri
rules, applicable to the Springfield-Greene County area and out-state
area, which control particulate matter emissions from fuel burning
equipment used for indirect heating. 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 direct final rule will be effective May 19, 2003, unless
EPA receives adverse comments by April 17, 2003. If adverse comments
are received, EPA will publish a timely withdrawal of the direct final
rule in the Federal Register informing the public that the rule will
not take effect.

ADDRESSES: Comments may be mailed to Wayne Kaiser, Environmental
Protection Agency, 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 document?
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
us 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

[[Page 12832]]

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?

The Missouri Department of Natural Resources (MDNR) has four
similar SIP-approved rules which pertain to the control of particulate
matter from fuel burning equipment used for indirect heating. These
rules are specific to various areas of the state (Kansas City, St.
Louis, Springfield-Greene County, and the out-state area) but are
otherwise similar in their requirements. In order to make these rules
consistent and to make minor corrections and clarifications, the state
has revised the rules applicable to the Springfield-Greene County area
and the out-state area.
Specifically, rule 10 CSR 10-3.060, Maximum Allowable Emissions of
Particulate Matter from Fuel Burning Equipment Used for Indirect
Heating, applicable to the out-state area, was revised to add a
clarifying statement for the calculation of Q (the installation's total
heat input), the word ``Installation'' was replaced with the words
``Indirect Heating Sources,'' an exemption in section (7) was deleted,
since it was no longer applicable, and there were a few other minor
clarifications.
Rule 10 CSR 10-4.040, Maximum Allowable Emission of Particulate
Matter from Fuel Burning Equipment Used for Indirect Heating,
applicable to the Springfield-Greene County area, was revised to
separate out the emission limitation requirements for new and existing
sources to make this section consistent with the other rules, a
clarifying statement for the calculation of Q (the installation's total
heat input) was added, the word ``Installation'' was replaced with the
words ``Indirect Heating Sources,'' and there were a few other minor
clarifications. Additionally, we determined that the test method in
section (1)(D) of the rule had been updated in an earlier version of
the rule but had not been updated in the SIP. We are correcting this
omission and will approve this rule section in this action since it
references a more current method.
Additional detail and explanation regarding the revisions to these
rules is contained in the Technical Support Document for this action
which is available from the EPA contact above.
The state submittal 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 approving as an amendment to the Missouri SIP state rules 10
CSR 10-3.060 and 10 CSR 10-4.040, which became effective in the state
on November 30, 2002.
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.
Please note that if EPA receives adverse comment on part of this rule
and if that part can be severed from the remainder of the rule, EPA may
adopt as final those parts of the rule that are not the subject of an
adverse comment.

Statutory and Executive Order Reviews

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. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). 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 pre-existing 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).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does 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). This action 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, ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's 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), EPA has 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

[[Page 12833]]

section 12(d) of the National Technology Transfer and Advancement Act
of 1995 (15 U.S.C. 272 note) do not apply. 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. 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. 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 May 19, 2003. 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 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

Dated: March 3, 2003.
James B. Gulliford,
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 tables for Chapters 3 and 4 are amended
by:
a. In Chapter 3 revising the entry for 10-3.060 and
b. In Chapter 4 revising the entry for 10-4.040.
The revisions read as follows:

Sec. 52.1320 Identification of plan.

* * * * *
(c) * * *

EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
State
Missouri citation Title effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------

* * * * * * *
-------------------------------
Chapter 3--Air Pollution Control Regulations for the Outstate Missouri Area
----------------------------------------------------------------------------------------------------------------

* * * * * * *
10-3.060...................... Maximum Allowable 11/30/02 [3/18/03 and FR cite]
.....................
Emission of
Particulate Matter
From Fuel Burning
Equipment Used for
Indirect Heating.
-------------------------------
Chapter 4--Air Quality Standards and Air Pollution Control Regulations for Springfield-Greene County Area
----------------------------------------------------------------------------------------------------------------
10-4.040...................... Maximum Allowable 11/30/02 [3/18/03 and FR cite]
.....................
Emission of
Particulate Matter
From Fuel Burning
Equipment Used for
Indirect Heating.
-------------------------------

* * * * * * *
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* * * * *

[FR Doc. 03-6305 Filed 3-17-03; 8:45 am]
BILLING CODE 6560-50-P

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Approval and Promulgation of Implementation Plans; State of Missouri

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