[Federal Register Volume 61, Number 146 (Monday, July 29, 1996)]
[Rules and Regulations]
[Pages 39334-39335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19200]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[MO-006-1006(a); FRL-5542-6]


Approval and Promulgation of Implementation Plans; State of 
Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This document takes final action to correct a previous action 
published on February 29, 1996, that approved and incorporated multiple 
amendments to Missouri rule 10 CSR 10-6.110 into the State 
Implementation Plan (SIP) (see 61 FR 7714). Specifically, this action 
corrects the EPA's inadvertent approval of section 5 (Emission Fees) of 
Missouri rule 10 CSR 10-6.110 entitled, ``Submission of Emission Data, 
Emission Fees, and Process Information'' as a SIP revision.

DATES: This action is effective September 27, 1996 unless by August 28, 
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 Planning and Development Branch, 
726 Minnesota Avenue, Kansas City, Kansas 66101.

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

SUPPLEMENTARY INFORMATION: On March 31, 1994, the state of Missouri 
submitted multiple amendments to rule 10 CSR 10-6.110. These amendments 
pertained to the submission of emission data and emission fees. The 
amendments pertaining to the submission of emission data are approvable 
as a revision to the SIP under section 110 of the Clean Air Act (CAA). 
However, the emission fee provisions of section 5 were designed to meet 
the requirements of section 502(b)(3) of the CAA, relating to 
requirements for state operating permits programs, rather than the 
requirements of section 110. Consequently, section 5 of Missouri rule 
10 CSR 10-6.110 should not have been approved as a SIP revision. 
However, rule 10 CSR 10-6.110, including section 5, was approved as an 
integral part of the Missouri operating permit program on April 11, 
1996 (see 61 FR 16063).
    Under section 110(k)(6) of the CAA, the EPA may revise a previous 
SIP approval action when it determines that the action was in error. 
The EPA has determined that its approval of section 5 of 10 CSR 10-
6.110 was in error, for the reasons stated in this document.

EPA Action

    Pursuant to section 110(k)(6) of the CAA, this is a direct final 
action correcting the February 29, 1996, SIP approval, and clarifying 
that section 5 of Missouri rule 10 CSR 10-6.110 is not approved as a 
part of the Missouri SIP.
    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 document 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.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the 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, the 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 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, the 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 the 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 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, the 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 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. The 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 801(a)(1)(A) of the Administrative Procedure Act 
(APA) as

[[Page 39335]]

amended by the Small Business Regulatory Enforcement Fairness Act of 
1996, EPA submitted a report containing this rule and other required 
information to the U.S. Senate, the U.S. House of Representatives, and 
the Comptroller General of the General Accounting Office prior to 
publication of the rule in today's Federal Register. This rule is not a 
``major rule'' as defined by section 804(2) of the APA as amended.
    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 September 27, 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, Incorporation by 
reference.

    Dated: July 5, 1996.
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 modifying 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 
new source review rules, update and add numerous definitions, revise 
the maximum allowable increase for particulate matter under the 
requirements for prevention of significant deterioration, 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, except section 5, effective May 9, 1994; and 10 CSR 10-
6.210, Confidential Information, effective May 9, 1994.
* * * * * *
[FR Doc. 96-19200 Filed 7-26-96; 8:45 am]
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