[Federal Register Volume 61, Number 25 (Tuesday, February 6, 1996)]
[Rules and Regulations]
[Pages 4352-4353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2379]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MO-24-1-7047a; FRL-5317-7]


Approval and Promulgation of Implementation Plans; State of 
Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This final action approves the State Implementation Plan (SIP) 
submitted by the state of Missouri. The state's revision expands the 
types of testing and monitoring data, including stack and process 
monitoring, which can be used directly for compliance certifications 
and enforcement.

DATES: This action is effective April 8, 1996 unless by March 7, 1996 
adverse or critical comments are received.

ADDRESSES: Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the: 
Environmental Protection Agency, Air Branch, 726 Minnesota Avenue, 
Kansas City, Kansas 66101; and EPA Air & Radiation Docket and 
Information Center, 401 M Street, SW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Joshua A. Tapp at (913) 551-7606.

SUPPLEMENTARY INFORMATION: The EPA believes that existing SIPs 
(nationwide) are inadequate for states or EPA to fully implement the 
Clean Air Act Amendments, because the SIPs may presently be interpreted 
to limit the types of testing or monitoring data that may be used for 
determining compliance and establishing violations. On May 11, 1994, 
EPA issued a call to the state of Missouri to revise its SIP to clarify 
that any monitoring approved for the source (and included in a 
Federally enforceable operating permit) may form the basis of the 
compliance certification, and that any credible evidence may be used 
for purposes of enforcement in Federal court.
    On March 13, 1995, Missouri made an official plan submission in 
response to the EPA's SIP call. Missouri submitted a new rule, 10 CSR 
10-6.280, which appropriately provides for data which have been 
collected under the enhanced monitoring and operating permit programs 
to be used for compliance certifications and enforcement actions. 
Specifically, section (2) of this rule authorizes these data to be used 
for compliance certifications, and section (3) authorizes these data to 
be considered for enforcement actions.
    EPA interprets the language in section 2(c) which states, ``Any 
other monitoring methods approved by the Director'' to provide the 
Director with the authority to require ``additional'' monitoring 
methods, as necessary. Consistent with past and present EPA policy, the 
use of substitute sampling methods which are not listed in the rule 
would require a revision to the SIP.
    This revision will enhance the state's capability for determining 
compliance with, and for establishing violations of, the underlying 
emission limitations.

EPA Action

    EPA is taking final action to approve revisions submitted March 13, 
1995, for the state of Missouri.
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in a separate document in the Federal 
Register publication, the EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent notice that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule, based on this action serving as a 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time.
    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. Secs. 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-

[[Page 4353]]
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)).
    The Office of Management and Budget has exempted these actions from 
review under Executive Order 12866.
    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 April 8, 1996. 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, Volatile organic compounds.

    Dated: October 2, 1995.
William Rice,
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)(91) to read 
as follows:


Sec. 52.1320  Identification of plan.

* * * * *
    (c) * * *
    (91) This revision provides for data which have been collected 
under the enhanced monitoring and operating permit programs to be used 
for compliance certifications and enforcement actions.
    (i) Incorporation by reference.
    (A) 10 CSR 10-6.280 Compliance Monitoring Usage, effective December 
30, 1994.
[FR Doc. 96-2379 Filed 2-5-96; 8:45 am]
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