[Federal Register Volume 59, Number 163 (Wednesday, August 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20737]


[[Page Unknown]]

[Federal Register: August 24, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MO-9-1-6268; FRL-5023-1]

 

Approval and Promulgation of Implementation Plans; State of 
Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving revisions to the Missouri State 
Implementation Plan (SIP) which add new sampling methods to rule 10 CSR 
10-6.030, and which revise the numbering scheme for many of the 
existing sampling methods in the same rule. These revisions will 
improve the enforceability of Missouri's air rules. EPA is not taking 
action today on the replacement of Missouri's area-specific incinerator 
regulations with comprehensive statewide incinerator regulations which 
impose additional emission limits and operating practice requirements.

EFFECTIVE DATE: This final rule will become effective on September 23, 
1994.

ADDRESSES: Copies of the materials submitted to EPA may be examined 
during normal business hours at: Environmental Protection Agency Region 
VII, Air Branch, 726 Minnesota Avenue, Kansas City, Kansas 66101; EPA 
Air and Radiation Docket and Information Center, 401 M Street, SW., 
Washington, DC 20460; and the Missouri Department of Natural Resources, 
Air Pollution Control Program, Jefferson State Office Building, 205 
Jefferson Street, Jefferson City, Missouri 65101.

FOR FURTHER INFORMATION CONTACT: Josh Tapp at the Environmental 
Protection Agency Region VII, Air Branch, 726 Minnesota Avenue, Kansas 
City, Kansas 66101, (913) 551-7020.

SUPPLEMENTARY INFORMATION:

I. Background

    On July 21, 1992, EPA proposed approval of four revisions to the 
Missouri SIP. The first of these revisions, which was submitted on July 
1, 1991, imposes new statewide requirements on medical and solid waste 
incinerators (10 CSR 10-6.160), and sewage sludge and industrial waste 
incinerators (10 CSR 10-6.190).
    The second revision which was submitted on February 18, 1992, 
rescinds existing incinerator rules 10 CSR 10-2.090, 10 CSR 10-3.040, 
10 CSR 10-4.080, and 10 CSR 10-5.080.
    The third revision which was submitted by Missouri on March 19, 
1992, adds new sampling methods to rule 10 CSR 10-6.030. These new 
sampling methods address particulate emissions (section (5)(C) and 
section (5)(D)), hydrogen chloride emissions (section (15)), dioxin and 
furan emissions (section (16)), and mercury emissions (section (17)).
    The fourth revision which was submitted on September 20, 1991, 
administratively renumbers many of the previously approved sampling 
methods in rule 10 CSR 10-6.030. The following amendments were 
submitted:
    Section (14), (Lead Sampling Methods) will become Section (12); 
Section (12) (Fluoride Sampling Methods) will become Section (13); and 
Section (13) (Volatile Organic Compound Sampling Methods) will become 
Section (14); Section (20) (General Reference Methods) will become 
Section (18); and Section (21) (Alternative Sampling Methods) will 
become Section (19). These administrative changes represent significant 
changes in the rule organization but not the rule content.
    State rules with citations referring to the renumbered sampling 
methods in rule 10 CSR 10-6.030 were administratively amended to 
reference the appropriate sampling method in 10 CSR 10-6.030. These 
administrative amendments were also submitted on September 20, 1991. No 
substantive changes were made to these rules. The following rules are 
amended:
    The renumbering of 10 CSR 10-6.030 Section (13) (volatile organic 
compound (VOC) sampling methods) to 10 CSR 10-6.030 Section (14) 
affects the following rules which cite VOC sampling methods: 10 CSR 10-
2.210, 10 CSR 10-2.230, 10 CSR 10-2.260, 10 CSR 10-2.290, 10 CSR 10-
2.300, 10 CSR 10-2.310, 10 CSR 10-2.320, 10 CSR 10-5.220, 10 CSR 10-
5.300, 10 CSR 10-5.320, 10 CSR 10-5.330, 10 CSR 10-5.360, 10 CSR 10-
5.370, 10 CSR 10-5.390, and 10 CSR 10-5.410. These rules have been 
submitted with the appropriate amended citation.
    The renumbering of 10 CSR 10-6.030 Section (12) (fluoride emissions 
sampling methods) to 10 CSR 10-6.030 Section (13) affects the following 
rules which cite fluoride sampling methods: 10 CSR 10-3.160 and 10 CSR 
10-6.090. These rules have been submitted with the appropriate amended 
citation.
    The renumbering of 10 CSR 10-6.030 Section (14) (lead emissions 
sampling methods) to 10 CSR 10-6.030 Section (12) affects rule 10 CSR 
10-6.120 which cites lead emission sampling methods. This rule has been 
submitted with the appropriate amended citation.
    For the following rules, citations to 10 CSR 10-6.030 Section (20) 
have been replaced by a citation to a specific sampling method in 10 
CSR 10-6.030 Section (14): 10 CSR 10-2.280 and 10 CSR 10-5.350. These 
rules have been submitted with the appropriate amended citation.

II. Response to Comments

    EPA received significant comments opposing its proposal to approve 
10 CSR 10-6.160 and 10 CSR 10-6.190. EPA is currently considering these 
comments. No significant comments were submitted, however, on those 
revisions to 10 CSR 10-6.030 which EPA proposed to approve in its July 
21, 1992, Federal Register document.

III. EPA Action

    EPA is taking action today to approve the revisions to 10 CSR 10-
6.030 ``Sampling Methods,'' and the renumbering of certain existing 
sampling methods which are discussed in the Background Section above.
    EPA is also approving the corresponding administrative amendments 
that update sampling method references in other Missouri rules to the 
corresponding renumbered sampling methods in 10 CSR 10-6.030. EPA's 
approval of these other affected rules is limited to the update of the 
reference method citation only. These affected rules were addressed in 
their entirety in previous Federal Register documents.
    EPA is not taking action today on Missouri's recision of its 
existing area specific incinerator rules 10 CSR 10-2.090, 10 C.S.R 10-
3.040, 10 CSR 10-4.080, and 10 CSR 10-5.080. Therefore, these rules, as 
previously approved by EPA, remain in the SIP and are enforceable by 
EPA.
    EPA is also not taking action today on new incinerator rules 10 CSR 
10-6.160 and 10 CSR 10-6.190. On March 11, 1993, the Missouri Cole 
County Circuit Court declared the aforementioned incinerator rules 
void. EPA will act on this portion of Missouri's submittal at a later 
date.

IV. Administrative Review

    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 
Air and Radiation. A future document will inform the general public of 
these tables. 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 permanent waiver for Table 2 and Table 3 SIP revisions. OMB 
has agreed to continue the temporary 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.
    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.
    With regard to the renumbering of rule 10 CSR 10-6.030 and the 
rules with citations to those renumbered sections, EPA has not reviewed 
the substance of these regulations at this time. These rules were 
approved into the state implementation plan in previous rulemakings. 
EPA is now merely approving the renumbering system submitted by the 
state. EPA's approval of the renumbering system, at this time, does not 
imply any position with respect to the approvability of the substantive 
requirements of the rules under current EPA requirements and guidance.
    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 (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 section 110 and subchapter I, part D of the 
Clean Air Act (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 October 24, 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, Carbon monoxide, 
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Dated: June 29, 1994.

Dennis Grams, P.E.,

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)(79) to read 
as follows:


Sec. 52.1320  Identification of plan.

* * * * *

    (c) * * *
    (79) The Missouri Department of Natural Resources submitted an 
amendment on March 19, 1992, to add sampling methods to rule 10 CSR 10-
6.030 ``Sampling Methods for Air Pollution Sources.'' On September 20, 
1991, Missouri submitted administrative amendments to rule 10 CSR 10-
6.030 which renumber and reorganize sections within that rule. Rules 
which reference the renumbered sections of 10 CSR 10-6.030 were also 
administratively amended and submitted.
    (i) Incorporation by reference.
    (A) Revised regulation 10 CSR 10-6.030 ``Sampling Methods for Air 
Pollution Sources'' effective September 30, 1991.
    (B) Administrative amendments to the sampling citations in the 
following rules which are affected by the administrative amendments to 
10 CSR 10-6.030: 10 CSR 10-2.210, effective December 12, 1987; 10 CSR 
10-2.230, effective November 24, 1988; 10 CSR 10-2.260, effective May 
24, 1990; 10 CSR 10-2.280, effective May 13, 1982; 10 CSR 10-2.290, 
effective December 24, 1987; 10 CSR 10-2.300, effective December 12, 
1987; 10 CSR 10-2.310, effective November 23, 1987; 10 CSR 10-2.320, 
effective November 23, 1987; 10 CSR 10-3.160, effective December 11, 
1987; 10 CSR 10-5.220, effective May 24, 1990; 10 CSR 10-5.300, 
effective March 11, 1989; 10 CSR 10-5.320, effective March 11, 1989; 10 
CSR 10-5.330, effective November 26, 1989; 10 CSR 10-5.350, effective 
March 11, 1989; 10 CSR 10-5.360, effective March 11, 1989; 10 CSR 10-
5.370, effective March 11, 1989; 10 CSR 10-5.390, effective March 11, 
1989; 10 CSR 10-5.410, effective March 11, 1989; 10 CSR 10-6.090, 
effective August 13, 1981; and 10 CSR 10-6.120, effective March 14, 
1991.
[FR Doc. 94-20737 Filed 8-23-94; 8:45 am]
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