[Federal Register Volume 62, Number 161 (Wednesday, August 20, 1997)]
[Rules and Regulations]
[Pages 44219-44221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22064]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MO-029-1029; FRL-5875-4]


Approval and Promulgation of Implementation Plans; State of 
Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is taking final action to approve revisions to 
Missouri's State Implementation Plan (SIP) concerning Missouri rules 10 
CSR 10-2.260 and 10 CSR 10-5.220, ``Control of Petroleum Liquid 
Storage, Loading, and Transfer.'' The purpose of these revisions is to 
modify the required testing periods for petroleum delivery vessels in 
the Kansas City metropolitan area and in the St. Louis nonattainment 
area. These revisions are designed to reduce volatile organic compound 
emissions from the loading and unloading of gasoline delivery vessels 
during the ozone season. The reduction in emissions is part of the 
state's plan under the Clean Air Act (CAA) to reduce ozone levels in 
the St. Louis nonattainment area. This action will also ensure progress 
toward improved air quality in Kansas City.

DATES: This rule is effective on September 19, 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: Stan Walker at (913) 551-7494.

SUPPLEMENTARY INFORMATION: On December 27, 1996 (61 FR 68199), the EPA 
proposed to approve an

[[Page 44220]]

amendment to Missouri rules 10 CSR 10-2.260 and 10 CSR 10-5.220, 
``Control of Petroleum Liquid, Storage, Loading, and Transfer.'' 
Revisions to 10 CSR 10-2.260 are being submitted to help Kansas City 
maintain the ozone standard. Revisions to 10 CSR 10-2.250 are being 
submitted as part of the state's plan to attain the ozone standard in 
St. Louis.
    The amendment to Missouri rule 10 CSR 10-2.260 (specific to the 
Kansas City metropolitan area) changes the period for testing tank 
trucks that have rubber hoods from April 1 through July 1 to January 1 
through May 30 of each year. The purpose of requiring tank trucks with 
rubber hoods to be tested according to the aforementioned schedule is 
to give the state an opportunity to identify problems or possible leaks 
in the gasoline transfer process before the ozone season. The testing 
period for aluminum hoods will occur throughout each year. This 
schedule provides the state the opportunity to test trucks before the 
ozone season, but also provides the flexibility to continue testing 
throughout the year.
    In addition, the revisions add two forms for reporting. One form is 
a leak test application which must be completed by the owner or 
operator of the facility and provided to the director of the Missouri 
Department of Natural Resources. This form provides documentation 
certifying that testing requirements have been met. The second form is 
a request for exemption form which must be submitted by facility 
personnel to be exempt for the testing requirements.
    The amendment to Missouri rule 10 CSR 10-5.220 (specific to the St. 
Louis nonattainment area) requires bulk plants to use two new forms. 
One form requires bulk plants to report the throughput when they apply 
for an exemption. This form requires information documenting that 
facilities are eligible facilities for an exemption. The second 
revision requires sources to submit an application form to obtain a 
sticker that certifies passage of required tests by gasoline tank 
trucks.

Response to Comments

    Comment: The EPA received one comment with regard to this proposal. 
The comment, which was submitted by Farmland Industries, generally 
supports the proposed rulemaking. However, the commenter was concerned 
that the change in the state regulation would require companies to test 
their tank trucks in Missouri even if the testing requirement may have 
been fulfilled in another state.
    Response: The EPA understands Farmland's concerns and encourages 
consistency among states where possible. However, if state regulations 
meet Federal requirements as specified in section 110 of the Act and 
related provisions, the EPA is required to approve the rule. The EPA 
has determined that the rule meets those requirements, and is, 
therefore, approving the rule.
    In this particular situation, Missouri does provide some 
flexibility regarding testing in other states. According to the 
Missouri rule, if an owner or operator of a gasoline delivery vessel 
can demonstrate, to the satisfaction of the director, that the vessel 
has passed a comparable annual leak test in another state, the owner or 
operator shall be deemed to have satisfied the requirements of the 
Missouri rule. The other state's leak test program must require the 
same gauge pressure and test procedures, and the test must be conducted 
during the same time period as required under the Missouri rule. For 
additional background on this action and the EPA's detailed rationale 
for approval, please refer to the Technical Support Document of the 
aforementioned notice of proposed rulemaking (61 FR 68199).

I. Final Action

    The EPA is taking final action to approve amendments to rules 10 
CSR 10-2.260 and 10 CSR 10-5.220 as a revision to the Missouri SIP.
    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.

II. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget has exempted this regulatory 
action from Executive Order 12866 review.

B. Regulatory Flexibility Act

    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)).

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 October 20, 1997. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the

[[Page 44221]]

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: July 31, 1997.
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)(99) to read 
as follows:


Sec. 52.1320  Identification of plan.

* * * * *
    (c) * * *
    (99) Revisions to the ozone attainment plan were submitted by the 
Governor on February 1, 1996.
    (i) Incorporation by reference.
    (A) Missouri Rule 10 CSR 10-2.260, ``Control of Petroleum Liquid 
Storage, Loading, and Transfer,'' effective December 30, 1995.
    (B) Missouri Rule 10 CSR 10-5.220, ``Control of Petroleum Liquid 
Storage, Loading, and Transfer,'' effective December 30, 1995.
[FR Doc. 97-22064 Filed 8-19-97; 8:45 am]
BILLING CODE 6560-50-F