[Federal Register Volume 62, Number 93 (Wednesday, May 14, 1997)]
[Rules and Regulations]
[Pages 26405-26407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12631]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[MO 021-1021; FRL-5817-5]


Approval and Promulgation of Implementation Plans and State 
Operating Permit Programs; State of Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is fully approving the operating permit program 
submitted by the state of Missouri for the purpose of complying with 
Federal requirements for an approvable state program to issue operating 
permits to all major stationary sources and certain other sources.
    The EPA is also approving a revision to the Missouri State 
Implementation Plan (SIP) which updates references and modifies the 
Missouri intermediate operating permit program. SIP approval of revised 
state rules ensures that the SIP is current and permits Federal 
enforceability of the state rules.

DATES: This rule is effective on June 13, 1997.

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; and the EPA Air & 
Radiation Docket and Information Center, 401 M Street, SW., Washington, 
DC 20460.

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

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

A. Part 70 Program

    The Clean Air Act (Act) and its implementing regulations at 40 CFR 
Part 70 require that states develop and submit operating permit 
programs to the EPA by November 15, 1993, and that the EPA act to 
approve or disapprove each program within one year after receiving a 
complete submittal. The EPA reviews state programs pursuant to section 
502 of the Act and the Part 70 regulations, which together outline the 
criteria for approval or disapproval. Where a program substantially, 
but not fully, meets the requirements of 40 CFR Part 70, the EPA may 
grant the program interim approval for a period of up to two years. If 
a state does not have an approved program within two years of interim 
approval, the EPA must establish and implement a Federal operating 
permits program for that state.
    The EPA published a notice of interim approval of the Missouri 
operating permit program on April 11, 1996. The revisions required by 
the EPA for full approval of the state's program were discussed fully 
in that notice and accompanying technical support document. Missouri 
made the required revisions to its program and submitted that 
information, along with a request for full approval, to the EPA on 
August 6, 1996. Consequently, on December 3, 1996, the EPA published a 
notice proposing full approval. This notice explained the EPA's 
rationale for finding that Missouri had corrected the deficiencies that 
were the basis for the interim approval.

B. Section 112(g) and Section 112(l) Programs

    In the April 11, 1996, interim approval notice, the EPA approved 
the state's preconstruction review program for the purpose of 
implementing the 112(g) requirements. This approval remains in effect. 
The EPA issued a final 112(g) rule on December 27, 1996. The state has 
18 months from the effective date of the rule to adopt an equivalent 
program.

[[Page 26406]]

    In the April 11, 1996, Federal Register notice, the EPA granted 
full approval of the state's program under section 112(l)(5) and 40 CFR 
Part 63.91. It also ratified prior delegations to Missouri for 
implementation of certain national emission standards for hazardous air 
pollutants for which Missouri had requested and received delegation 
prior to approval of the state's section 112(l) program. This approval 
gives the state the authority to implement section 112 standards as 
promulgated without changes for both Part 70 and non-Part 70 sources. 
The EPA is reaffirming this approval.

C. SIP Program

    In the December 3, 1996, notice, the EPA also proposed to approve 
revisions to the state SIP submitted pursuant to section 110 of the 
Act. These revisions update references in rule 10 CSR 10-6.020, and 
modify the insignificant activities provisions in rule 10 CSR 10-6.065 
with regard to the state's intermediate operating permit program in 
subsection 4(G). The provisions of this subsection apply to Missouri's 
basic and intermediate operating permit programs. The EPA is approving 
the revisions to this subsection only to the extent that they apply to 
the intermediate program. The Missouri basic operating permit program 
is not a Federally approved program, and the EPA is not taking action 
on the revisions as they relate to that program.

II. Final Action and Implementation

A. Part 70 Program

    No comments were received during the public comment period on the 
proposed approval of the state's revisions relating to the Part 70 
program. Consequently, the EPA is now taking final action to grant full 
approval of the Missouri Part 70 operating permit program. This 
approval extends to relevant portions of the following Missouri rules: 
10 CSR 10-6.020, Definitions and Common Reference Tables; 10 CSR 10-
6.065, Operating permits; and 10 CSR 10-6.110, Submission of Emission 
Data, Emission Fees and Process Information.

B. SIP Program

    No comments were received during the public comment period on the 
proposed approval of the SIP revisions relating to rules 10 CSR 10-
6.020 and 10 CSR 10-6.065. Therefore, the EPA is granting final 
approval of these revisions to Missouri's SIP. The EPA is approving the 
revisions to section 4(G) of rule 10 CSR 10-6.065 as they relate to the 
intermediate operating permit program, which was approved by the EPA on 
September 25, 1995.
    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, the Administrator 
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)).

III. Administrative Requirements

A. Docket

    Copies of the Missouri submittal and other information relied upon 
for the final approval are contained in the docket maintained at the 
EPA Region VII office. The docket is an organized and complete file of 
all the information submitted to or otherwise considered by the EPA in 
the development of this final interim approval. The docket is available 
for public inspection at the location listed under the ADDRESSES 
section of this document.

B. Executive Order 12866

    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 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 Executive Order 12866 review.

C. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to state, local, or tribal governments in the aggregate; or to 
private sector, of $100 million or more. Under section 205, the EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires the EPA to establish a 
plan for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    The EPA has determined that the approval action promulgated does 
not include a Federal mandate that may result in estimated costs of 
$100 million or more to either state, local, or tribal governments in 
the aggregate, or to the private sector. This Federal action approves 
preexisting requirements under state or local law, and imposes no new 
requirements. Accordingly, no additional costs to state, local, or 
tribal governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, the 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 this rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

E. Petitions for Judicial Review

    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 14, 1997. 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

40 CFR Part 52

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Carbon monoxide,

[[Page 26407]]

Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

40 CFR Part 70

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Operating permits, 
Reporting and recordkeeping requirements.

    Dated: April 2, 1997.
Dennis Grams,
Regional Administrator.
    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)(96) to read 
as follows:


Sec. 52.1320  Identification of plan.

* * * * *
    (c) * * *
    (96) A revision to the Missouri SIP submitted by the Missouri 
Department of Natural Resources on August 6, 1996, pertaining to its 
intermediate operating permit program. The EPA is not approving 
provisions of the rules which pertain to the basic operating permit 
program.
    (i) Incorporation by reference.
    (A) Regulations 10 CSR 10-6.020, Definitions and Common Reference 
Tables, effective June 30, 1996; and 10 CSR 10-6.065, Operating 
Permits, effective June 30, 1996, except sections (4)(A), (4)(B), and 
(4)(H).

PART 70--[AMENDED]

    1. The authority citation for part 70 continues to read as follows:

    Authority: 42 U.S.C. 741, et seq.

    2. Appendix A to part 70 is amended by adding paragraph (b) to the 
entry for Missouri to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs

* * * * *

Missouri

    (a) * * *
    (b) The Missouri Department of Natural Resources program 
submitted on January 13, 1995; August 14, 1995; September 19, 1995; 
October 16, 1995; and August 6, 1996.
    Full approval effective June 13, 1997.
* * * * *
[FR Doc. 97-12631 Filed 5-13-97; 8:45 am]
BILLING CODE 6560-50-P