[Federal Register Volume 59, Number 91 (Thursday, May 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11470]


[[Page Unknown]]

[Federal Register: May 12, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[MO 15-1-6333; FRL-4883-2]

 

Approval and Promulgation of Implementation Plans; State of 
Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The purpose of this revision to the Missouri State 
Implementation Plan (SIP) is to include 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 standard.
    In this document EPA takes final action on 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.

EFFECTIVE DATE: This final rule will become effective on June 13, 1994.

ADDRESSES: Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the 
EPA, Air Branch, 726 Minnesota Avenue, Kansas City, Kansas 66101; the 
Missouri Department of Natural Resources, Air Pollution Control 
Program, Jefferson State Office Building, 205 Jefferson Street, 
Jefferson City, Missouri 65101; and the EPA Air and Radiation Docket 
and Information Center, 401 M Street, SW., Washington, DC 20460.

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

SUPPLEMENTARY INFORMATION: On February 4, 1994, EPA proposed a 
rulemaking to approve the three Missouri lead nonattainment areas into 
the existing Missouri NSR program. The objective of this final 
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. This SIP revision is also being accorded 
limited approval because it does not meet all of the applicable 
requirements of the Act.1 As of April 6, 1994, Missouri submitted 
NSR provisions intended to address the limited approval, and EPA is 
currently reviewing this latest submittal. The 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.
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    \1\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 carry out the 
purposes of the Act.
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    In 1978, when EPA promulgated the lead National Ambient Air Quality 
Standard, it was not authorized to designate areas nonattainment, 
attainment, or unclassifiable for lead. Under the Clean Air Act 
Amendments of 1990, 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. No comments 
were received in response to the proposal. For a complete discussion of 
the state submittal, the reader is directed to the proposed Federal 
Register document at 59 FR 5370.

EPA Action

    In this document, EPA takes final action on the rulemaking to 
provide limited approval of the incorporation of three Missouri lead 
nonattainment areas into the existing NSR program in Missouri.
    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.
    This action has been classified as a Table 3 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993, 
memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
Office of Air and Radiation. On January 6, 1989, the Office of 
Management and Budget (OMB) waived Table 2 and Table 3 SIP revisions 
from the requirements of section 3 of Executive Order 12291 for 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 12866 which superseded Executive Order 12291 on 
September 30, 1993.
    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)).
    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 11, 1994. 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, Incorporation by 
reference, Lead.

    Dated: April 25, 1994.
Willaim A. Spratlin,
Acting Regional Administrator.

    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. 7401-7671q.

Subpart AA--Missouri

    2. Section 52.1320 is amended by adding paragraph (c)(83) to read 
as follows:


Sec. 52.1320  Identification of plan.

* * * * *
    (c) * * *
    (83) A revision to the Missouri State Implementation Plan (SIP) to 
incorporate the lead nonattainment areas into the existing new source 
review (NSR) program was submitted by the state on March 15, 1993. 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 standard.
    (i) Incorporation by reference.
    (A) Revision to rule 10 C.S.R. 10-6.020, definitions, effective 
February 26, 1993.
[FR Doc. 94-11470 Filed 5-11-94; 8:45 am]
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