[Federal Register Volume 63, Number 130 (Wednesday, July 8, 1998)]
[Rules and Regulations]
[Pages 36852-36854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17973]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MO 049-1049a; FRL-6118-3]


Approval and Promulgation of Implementation Plans; State of 
Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: This final action approves revised Missouri rule 10 CSR 10-
6.030 as a revision to the Missouri State Implementation Plan (SIP). 
This rule revision was submitted by the state of Missouri to 
incorporate the most current EPA guidance on capture efficiency methods 
for volatile organic compound emission control systems.

DATES: This direct final rule is effective on September 8, 1998 without 
further notice, unless the EPA receives adverse comment by August 7, 
1998. If adverse comment is received, the EPA will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Comments may be mailed to Kim Johnson, Environmental 
Protection Agency, Air Planning and Development Branch, 726 Minnesota 
Avenue, Kansas City, Kansas 66101. 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: Kim Johnson at (913) 551-7975.

SUPPLEMENTARY INFORMATION: This revision to Missouri rule 10 CSR 10-
6.030 incorporates capture efficiency methods as identified in the 
EPA's February 7, 1995, memorandum entitled, ``Revised Capture 
Efficiency Guidance for Control of Volatile Organic

[[Page 36853]]

Compound Emissions,'' and the EPA's January 9, 1994, technical document 
entitled, ``Guidelines for Determining Capture Efficiency.'' Capture 
efficiency is the measure of the fraction of all organic vapors 
generated by a process that are directed to an abatement or recovery 
device. Capture efficiency and destruction efficiency need to be 
determined in order to calculate the overall control efficiency of any 
control device.
    The EPA's Revised Capture Efficiency Guidance Document is the 
result of a 12-month EPA study of alternatives with potential to reduce 
capture efficiency testing costs. This guidance document reduces costs 
by recommending protocols, presenting criteria by which alternative 
procedures can be approved, and establishing the reporting requirements 
for using alternative procedures. Guidelines are also included for 
selecting and testing representative process lines at a facility and 
for testing multiple lines in combination.
    This rule amendment also incorporates specific methods to determine 
capture efficiency for automobile and light-duty truck topcoat 
operations entitled, ``Protocol for Determining the Daily Volatile 
Organic Compound Emission Rate of Automobile and Light-Duty Truck 
Topcoat Operations,'' as amended by Section 23-Determining Spraybooth 
VOC Capture Efficiency dated March 8, 1996.

I. Final Action

    The EPA is taking final action to approve as a revision to the SIP 
the amendment to rule 10 CSR 10-6.030, ``Sampling Methods for Air 
Pollution Sources,'' submitted by the state of Missouri on December 17, 
1996.
    The EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, the EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
relevant adverse comments be filed. This rule will be effective 
September 8, 1998 without further notice unless the Agency receives 
relevant adverse comments by August 7, 1998.
    If the EPA receives such comments, then the EPA will publish a 
document withdrawing the final rule and informing the public that the 
rule did not take effect. All public comments received will then be 
addressed in a subsequent final rule based on the proposed rule. The 
EPA will not institute a second comment period on the proposed rule. 
Only parties interested in commenting on the proposed rule should do so 
at this time. If no such comments are received, the public is advised 
that this rule will be effective on September 8, 1998 and no further 
action will be taken on the proposed rule.
    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 Orders 12866 and 13045

    The Office of Management and Budget has exempted this regulatory 
action from Executive Order 12866 review.
    The final rule is not subject to Executive Order 13045, entitled 
``Protection of Children from Environmental Health Risks and Safety 
Risks,'' because it is not an ``economically significant'' action under 
Executive Order 12866.

B. Regulatory Flexibility

    The Regulatory Flexibility Act generally requires an agency to 
conduct a regulatory flexibility analysis of any rule subject to notice 
and comment rulemaking requirements unless the agency certifies that 
the rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small not-for-profit enterprises, and small governmental jurisdictions. 
This final rule will not have a significant impact on a substantial 
number of small entities.
    SIP approvals under section 110 and subchapter I, Part D of the 
Clean Air Act (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 create any new requirements, 
I certify that this action will not have a significant economic impact 
on a substantial number of small entities. Moreover, due to the nature 
of the Federal-state relationship under the CAA, preparation of a 
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, 255-66 (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 
the 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 Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit 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 United States prior 
to publication of the rule in the 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 September 8, 1998. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the

[[Page 36854]]

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, Volatile organic 
compounds.

    Dated: June 12, 1998.
William Rice,
Acting Regional Administrator, Region VII.

    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 et seq.

Subpart AA--Missouri

    2. Section 52.1320 is amended by adding paragraph (c)(106) to read 
as follows:


Sec. 52.1320  Identification of plan.

* * * * *
    (c) * * *
    (106) On December 17, 1996, the Missouri Department of Natural 
Resources submitted a revised rule pertaining to capture efficiency.
    (i) Incorporation by reference.
    (A) Revised regulation 10 CSR 10-6.030 entitled, ``Sampling Methods 
for Air Pollution Sources,'' effective November 30, 1996.

[FR Doc. 98-17973 Filed 7-7-98; 8:45 am]
BILLING CODE 6560-50-P