[Federal Register Volume 61, Number 41 (Thursday, February 29, 1996)]
[Rules and Regulations]
[Pages 7714-7716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4566]



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


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[OAQPS 6542; FRL-5426-8]


Approval and Promulgation of Implementation Plans; State of 
Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The purpose of this revision to the Missouri State 
Implementation Plan (SIP) is to revise the Missouri Part D new source 
review (NSR) rules, update and add numerous definitions, revise the 
maximum allowable increase for particulate matter under the 
requirements for prevention of significant deterioration (PSD) of air 
quality, address emission statements under Title I of the Clean Air Act 
Amendments (CAAA), and generally enhance the SIP.
    The objective of this final rule is to approve into the Missouri 
SIP rules adopted by the state which meet the requirements of the Clean 
Air Act (CAA) as amended in 1990 with regard to NSR in areas that have 
not attained the national ambient air quality standard. This 
implementation plan revision was submitted by the state pursuant to 
Federal requirements for an approvable NSR SIP for Missouri.

EFFECTIVE DATE: This rule will be effective on April 1, 1996.

ADDRESSES: Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the EPA 
Air, RCRA, and Toxics Division, 726 Minnesota Avenue, Kansas City, 
Kansas 66101; and at the EPA Air and Radiation docket and Information 
Center, 401 M Street, S.W., Washington, DC 20460.

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

SUPPLEMENTARY INFORMATION:

I. Background

    On April 3, 1995, at 60 FR 16824 the EPA proposed to approve the 
SIP revision by the state of Missouri that revises the Missouri Part D 
NSR rules, updates and adds numerous definitions, revises the maximum 
allowable increase for particulate matter under the requirements for 
PSD of air quality, addresses emission statements under Title I of the 
CAAA, and generally enhances the SIP.
    The Federal Register proposal provided that the final rule was 
contingent upon Missouri modifying the language in its definition of 
the term ``construction'' to prohibit major sources from commencing 
construction before a permit had been issued. The proposal also 
required the construction permit rule be modified to prohibit the 
taking of offset credits for emission reductions required under either 
Federal law or a Federally enforceable permit.
    The EPA is currently developing a proposed rule to assist the 
implementation of the changes under the amended Act in the NSR 
provisions in Parts C and D of Title I of the Act. EPA will refer to 
the proposed rule as the most authoritative guidance available 
regarding the approvability of submittals. Upon promulgation of the 
final regulations, EPA will review the NSR SIPs of all states to 
determine whether additional SIP revisions are necessary.

II. Construction Permits Required--10 CSR 10-6.060

A. General Nonattainment NSR Nonattainment Permit Requirements

    In the April 3, 1995, proposal to approve the SIP revision by the 
state of Missouri that revises the Missouri Part D NSR rules, 11 CAA 
requirements were addressed in detail. These requirements consist of 
the following and are discussed at 60 FR 16825-6: (1) Offset ratios, 
(2) geographical location of offsets, (3) timing of offsets, (4) actual 
emissions reductions, (5) NOX requirements, (6) creditable 
reductions, (7) prohibition on old growth allowances, (8) analysis of 
alternatives, (9) reasonable further progress, (10) reasonably 
available control technology/best available control technology/lowest 
achievable emission rate clearinghouse information, and (11) stationary 
source definition. Each of these requirements has been thoroughly 
addressed in the proposal and the reader is referred to that document 
for further discussion. Missouri has satisfied each of these Federal 
requirements. 

[[Page 7715]]


B. Missouri Construction Permit Program Corrections

1. Particulate Matter
    After the December 1993 rule adoption by the Missouri Air 
Conservation Commission (MACC), the Class I variance table found at 10 
CSR 10-6.060(12)(H)2 did not reflect the revised PM10 numerical 
maximum allowable increases as set forth at 40 FR Sec. 51.166(p)(4). In 
the April 3, 1995, proposal, EPA identified this omission as a 
correction to be made prior to EPA's final action to approve the rule. 
With the March 30, 1995, MACC rule adoption, the table at 10 CSR 10-
6.060(12)(H)2 now includes PM10 as a pollutant with numerical 
values at least as stringent as those found at 40 CFR 
Sec. 51.166(p)(4). Missouri's rule now satisfies the PM10 
requirement.
2. Waiver Policy
    Before the March 30, 1995, MACC rule adoption, the Missouri 
Construction Permits Required rule, 10 CSR 10-6.060, in conjunction 
with the definition of ``construction'' at 10 CSR 10-6.020(2)(C)22, 
could be interpreted as allowing major sources to commence construction 
without a permit in contravention of CAA and EPA regulations. That 
definition of ``construction'' allowed for synthetic minor sources, 
those that are major in reality but which seek Federally enforceable 
limitations to limit their potential to emit, to submit a waiver 
request to the Missouri Department of Natural Resources (MDNR) allowing 
the source to commence limited and specified construction activities. 
In the April 3, 1995, proposal, EPA stated that the waiver provision 
must be omitted before the rule could be approved. The recently adopted 
definition of ``construction'' at 10 CSR 10-6.020(2)(C)22 deletes the 
reference to authorization to construct if the applicant submits a 
signed waiver. This current definition of ``construction'' is 
approvable into the SIP.
3. Offset Credits
    At the time the proposed rulemaking (60 FR 16824, April 3, 1995) 
was published in the Federal Register, the Missouri construction rule, 
10 CSR 10-6.060, lacked a prohibition on taking offset credits for 
emission reductions which are required by Federal law or a Federally 
enforceable permit. The proposal identified this omission as a change 
to be made before EPA could approve the rule. The language at 10 CSR 
10-6.060(12)(C)4 has been modified by Missouri to include that 
prohibition. As regards offset credits, the Missouri rule now satisfies 
this requirement and is approvable into the SIP.

C. Commenced Construction

    Under the applicablity provisions of 10 CSR 10-6.060(1)(C), no 
owner or operator shall commence construction or modification of any 
installation subject to the construction permits rule, unless it meets 
certain threshold requirements set forth in the rule and it first 
obtains a permit. The Missouri rules define ``commenced'' at 10 CSR 10-
6.020(C)15 as ``an owner or operator has undertaken a continuous 
program of construction or modification or that an owner or operator 
has entered into a binding agreement or contractual obligation to 
undertake and complete within a reasonable time, a continuous program 
of construction or modification.'' When these two provisions are read 
together, the rules appear to prohibit a source from entering into a 
contractual relationship pertaining to construction before obtaining a 
permit. Since the Missouri provisions are at least as stringent as 
Federal law at 40 CFR Sec. 51.166(i)(1), they are approvable into the 
SIP.

III. Update to Definitions Found in 10 CSR 10-6.020

    There are many definitions which are being revised within or added 
to the SIP. Many of these definitions pertain to the Title V and 
asbestos programs. These definitions are being approved into the SIP 
because they provide overall consistency in the use of terms in the air 
program. Because many of these terms do pertain to Title V, it is 
important to recognize that EPA approval into the SIP of these 
definitions does not constitute approval with respect to the Title V 
submission. This approval of the definitions is only for purposes of 
the SIP in the context of the requirements of section 110 of the Act, 
and other provisions of the Act referenced in section 110. The reader 
is referred to the technical support document for clarification on 
changes to definitions and additions to the list of definitions.

IV. Confidential Information--10 CSR 10-6.210

    The information set forth in the April 3, 1995, proposed rule (60 
FR 16827) describes this rule and explains EPA's rationale for approval 
of the rule.

V. Emission Statement Rule--10 CSR 10-6.110

    The information set forth in the April 3, 1995, proposed rule (60 
FR 16827) describes this rule and explains EPA's rationale for approval 
of the rule.

EPA Action

    In this document, EPA takes final action on the rulemaking to 
provide clarification on offset requirements; provide for the treatment 
of economic development zones; and require that the relative benefits 
of alternative sites, production processes, and control steps must be 
considered prior to approval of a new source permit. In addition, the 
rulemaking addresses corrections to Missouri's definition rule; 
confidential information rule; and the rule pertaining to the 
submission of emission data, fees, and process information.
    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.
    SIP approvals under section 110 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 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995, memorandum from Mary Nichols, Assistant Administrator 
for Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from E.O. 12866 review.
    Under sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 
1995, EPA must undertake various actions in association with proposed 
or final rules that include a Federal mandate that may result in 
estimated costs of $100 million or more to the private sector, or to 
state, local, or tribal governments in the 

[[Page 7716]]
aggregate. The Missouri revisions have no impact on tribal governments.
    Through submission of this plan revision, the state has elected to 
adopt the program provided for under section 110 of the CAA. These 
rules may bind state and local governments to perform certain actions 
and also require the private sector to perform certain duties. To the 
extent that the rules being finalized for approval by this action will 
impose new requirements, sources are already subject to these 
regulations under state law. Accordingly, no additional costs to state 
or local governments, or to the private sector, result from this final 
action. EPA has also determined that this final action does not include 
a mandate that may result in estimated costs of $100 million or more to 
state or local governments in the aggregate or to the private sector.
    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 29, 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).)
    The OMB has exempted these actions from review under Executive 
Order 12866.

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: December 6, 1995.
Dennis Grams,
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)(86) to read 
as follows:


Sec. 52.1320  Identification of plan.

* * * * *
    (c) * * *
    (86) A revision to the Missouri SIP to revise the Missouri part D 
NSR rules, update and add numerous definitions, revise the maximum 
allowable increase for particulate matter under the requirements for 
PSD of air quality, address emission statements under Title I of the 
CAA, and generally enhance the SIP.
    (i) Incorporation by reference.
    (A) Revision to rules 10 CSR 10-6.020, Definitions and Common 
Reference Tables, effective August 30, 1995; 10 CSR 10-6.060, 
Construction Permits Required, effective August 30, 1995; 10 CSR 10-
6.110, Submission of Emission Data, Emission Fees, and Process 
Information, effective May 9, 1994; and 10 CSR 10-6.210, Confidential 
Information, effective May 9, 1994.
    (ii) Additional material. None.
* * * * *
[FR Doc. 96-4566 Filed 2-28-96; 8:45 am]
BILLING CODE 6560-50-P