[Federal Register Volume 59, Number 24 (Friday, February 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2589]


[[Page Unknown]]

[Federal Register: February 4, 1994]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MO 15-1-5862; FRL-4833-9]

 

Approval and Promulgation of Implementation Plans; State of 
Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The purpose of this revision to the Missouri State 
Implementation Plan (SIP) is to incorporate the lead nonattainment 
areas into the existing new source review (NSR) program. This revision 
changes the applicability requirements by changing the definition of 
nonattainment area in the state regulations to include lead 
nonattainment areas, and to delete the Kansas City area as a 
nonattainment area in light of its attainment of the ozone standards.
    This action proposes a limited approval because Missouri has not 
yet submitted to EPA augmented new source permit rules which meet the 
amended requirements of part D of title I of the Clean Air Act.

DATES: Comments must be received on or before March 7, 1994.

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

FOR FURTHER INFORMATION CONTACT: Robert J. Lambrechts at (913) 551-
7846.

SUPPLEMENTARY INFORMATION: The objective of this proposed rulemaking is 
to approve the three Missouri lead nonattainment areas into the 
existing NSR program in Missouri. This SIP revision contains the 
amendments to the SIP defining three areas in Missouri as nonattainment 
for lead. In 1978, when EPA promulgated the lead National Ambient Air 
Quality Standard (NAAQS), it was not authorized to designate areas 
nonattainment, attainment, or unclassifiable for lead. Under the Clean 
Air Act Amendments of 1990 (CAAA)1, EPA was authorized to require 
states to designate areas as nonattainment, attainment, or 
unclassifiable for lead. On November 6, 1991, at 56 FR 56694, EPA 
designated the following areas as nonattainment for lead: the city of 
Herculaneum in Jefferson County; and the Dent, Liberty, and Arcadia 
townships in Iron County. The designations were effective January 6, 
1992.
---------------------------------------------------------------------------

    \1\ The 1990 Amendments to the Clean Air Act made significant 
changes to the Act. See Pub. L. No. 101-549, 104 Stat. 2399. 
References herein to ``the Act'' or ``CAA'' are to the Clean Air Act 
as amended, 42 U.S.C. 7401, et seq.
---------------------------------------------------------------------------

1. Lead NSR

    The CAAA made numerous changes to the NSR requirements in the Clean 
Air Act (CAA). Once an area has been designated nonattainment for lead, 
a state is required to adopt a permit program for the construction and 
operation of new or modified major stationary sources anywhere in the 
nonattainment area. For areas designated nonattainment for the primary 
lead NAAQS subsequent to enactment of the 1990 Amendments, section 
191(a) requires that within 18 months of designation, states submit 
SIPs which, among other nonattainment planning requirements, have a 
nonattainment program consistent with the provisions of part D of the 
Act, including sections 172 and 173 of the Act as amended. Section 
172(c)(5) requires that states submit provisions requiring permits for 
the construction and operation of new or modified major stationary 
sources anywhere in the nonattainment area in accordance with the 
provisions of section 173.

2. Limited Approval/Disapproval Status

    EPA is proposing to grant this SIP submittal limited approval 
because it does not meet all of the applicable requirements of the 
Act2. However, this proposed limited approval strengthens the 
existing SIP as representing an improvement over what is currently in 
the SIP, and as meeting some of the applicable requirements of the Act. 
In particular, the amendment means that Missouri's NSR requirements, 
which meet all of the provisions of the preamended Act, apply to new 
and modified sources of lead in the nonattainment areas.
---------------------------------------------------------------------------

    \2\ EPA may grant such a limited approval under section 
110(k)(3) of the Act, in light of the general authority delegated to 
EPA under section 301(a) of the Act to take actions necessary to 
carryout the purposes of the Act.
---------------------------------------------------------------------------

    However, the Missouri rule does not meet all the specific 
requirements of part D. These include, among others, requirements for 
alternate site analyses as part of NSR for all sources in nonattainment 
areas. Therefore, EPA is proposing only a ``limited'' approval of this 
SIP. If the state fails to submit the additional revisions, EPA will be 
required to issue a limited disapproval at a later date.

3. Impact of this Rule Revision on Kansas City Attainment Status

    Missouri's rule change also eliminates the Kansas City metropolitan 
area from the definition of nonattainment area, reflecting the 
redesignation of Kansas City to attainment for ozone on June 23, 1992 
(57 FR 27939). Once an area is redesignated to attainment, 
nonattainment NSR requirements are no longer required. The attainment 
area is then subject to prevention of significant deterioration 
requirements instead of the NSR program. Missouri has amended its rules 
consistent with these requirements.

EPA Action

    EPA is soliciting public comments on all aspects of this notice and 
on issues relevant to EPA's proposed action. Comments will be 
considered before taking final action. Interested parties may 
participate in the Federal rulemaking procedure by submitting timely 
written comments to the address above.
    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.
    Under the Regulatory Flexibility Act, 5. U.S.C. 600 et seq., 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, 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 sections 110 and 301, 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, EPA 
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 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)).
    This action has been classified as a Table 2 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225). On January 6, 1989, the Office of 
Management and Budget (OMB) waived Table 2 and 3 SIP revisions from the 
requirement of section 3 of Executive Order 12291 for a period of two 
years. EPA has submitted a request for a permanent waiver for Table 2 
and 3 SIP revisions. OMB has agreed to continue the waiver until such 
time as it rules on EPA's request. This request continues in effect 
under Executive Order 12886 which superseded Executive Order 12291 on 
September 30, 1993.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Lead.

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

    Dated: January 21, 1994.
William W. Rice,
Acting Regional Administrator.
[FR Doc. 94-2589 Filed 2-3-94; 8:45 am]
BILLING CODE 6560-50-F