[Federal Register Volume 62, Number 165 (Tuesday, August 26, 1997)]
[Rules and Regulations]
[Pages 45165-45166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22664]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MO 032-1032; FRL-5877-3]


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 approving revisions to Missouri's federally 
enforceable operating permit (FESOP) program contained in Missouri rule 
10 CSR 10-6.065. These revisions are designed to ease the 
administrative burden on the state and on affected sources without 
relaxing environmental requirements.

DATES: This rule is effective on September 25, 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 A. Tapp at (913) 551-7606.

SUPPLEMENTARY INFORMATION: On March 13, 1996, Missouri submitted a 
request to amend the State Implementation Plan (SIP) to incorporate 
revisions to the FESOP program which generally affect intermediate 
sources. These revisions include a provision which delays the permit 
application deadlines by ten months for smaller intermediate sources, 
and a provision which allows qualifying intermediate sources to apply 
for general permits. Both of these revisions are designed to ease the 
administrative burden on the state and on intermediate sources without 
relaxing environmental requirements.
    Additional revisions were made to clarify the meaning of the rule 
and improve its enforceability. Specifically, these revisions clarify: 
(1) That public participation requirements are applicable; and (2) that 
sources are subject to enforcement action if they inappropriately apply 
for and obtain a general intermediate permit and it is later determined 
that they do not qualify. The revisions also clarify the meaning of the 
term ``threshold level'' by referencing a definition contained in a 
separate Missouri regulation.
    Other revisions were contemporaneously made to rule 10 CSR 10-
6.065. Most of these revisions affect Missouri's basic operating permit 
program for small sources. This program is not a federally approved 
program; therefore, the EPA is not acting on the revisions to the basic 
program.
    Additional revisions affect Missouri's Title V operating permit 
program. These revisions were addressed in a separate action.
    The EPA received no comments on its proposed approval of these 
revisions. For more information, the reader may refer to the EPA's 
proposed approval published in the Federal Register on August 21, 1996 
at 61 FR 43202.

I. Final Action

    The EPA is approving revisions to Missouri rule 10 CSR 10-6.065. 
Specifically, the EPA is approving sections (1), (2), (3), (5), and 
(7), and subsections (4)(C)-(4)(G) and (4)(I)-(4)(Q) which pertain to 
the intermediate permit program. The EPA is taking no action on 
subsections (4)(A), (4)(B), and (4)(H) of Missouri rule 10 CSR 10-6.065 
which pertain to Missouri's basic operating permit program. The EPA has 
taken separate action on revisions to sections of rule 10 CSR 10-6.065 
which pertain to Missouri's Title V operating permit program including 
sections (1), (2), (3), (6), and (7).
    Subsequent to the revision approved here, Missouri has revised rule 
10 CSR 10-6.065 to update references to its ``Definitions'' rule, and 
to modify insignificant activity provisions in its intermediate 
operating permit program which is contained in rule 10 CSR 10-6.065. 
The EPA approved these revisions and incorporated them by reference 
into the SIP in a Federal Register document dated May 14, 1997 (see 62 
FR 26405). This action is now codified in 40 CFR 52.1320(c)(96).
    Rather than incorporate by reference into the SIP this earlier 
version of the Missouri Code of State Regulations which also contains 
the revisions approved today, the EPA is amending 40 CFR 52.1320(c)(96) 
to clarify that the state rules incorporated by reference at 40 CFR 
52.1320(c)(96) include the revisions approved today.
    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 (OMB) 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

[[Page 45166]]

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 27, 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 in 40 CFR Part 52

     Environmental protection, Air pollution control, Incorporation by 
reference, Reporting and recordkeeping requirements.

    Dated: August 6, 1997.
Martha R. Steincamp,
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 revising paragraph (c)(96) to read 
as follows:


Sec. 52.1320  Identification of plan.

* * * * *
    (c) * * *
    (96) Revisions to the Missouri SIP submitted by the Missouri 
Department of Natural Resources on March 13, 1996, and 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 C.S.R. 10-6.020, Definitions and Common 
Reference Tables, effective June 30, 1996; and 10 C.S.R. 10-6.065, 
Operating Permits, effective June 30, 1996, except sections (4)(A), 
(4)(B), and (4)(H).
* * * * *
[FR Doc. 97-22664 Filed 8-25-97; 8:45 am]
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