[Federal Register Volume 63, Number 166 (Thursday, August 27, 1998)]
[Rules and Regulations]
[Pages 45727-45729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22901]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 62

[MO 045-1045; FRL-6150-8]


Approval and Promulgation of Implementation Plans and Section 
111(d) Plan; State of Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is taking final action to approve certain portions of 
new Missouri rule 10 CSR 10-6.020 as a revision to the State 
Implementation Plan (SIP). This rule consolidates the SO2 
requirements previously contained in eight separate rules into one 
statewide rule. The EPA is taking final action to rescind eight rules 
which are replaced by the new rule, and the EPA is taking final action 
to approve Missouri's Clean Air Act (CAA) section 111(d) plan for 
sulfuric acid mist plants which is now contained in the new rule.

DATES: This rule is effective on September 28, 1998.

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: Kim Johnson at (913) 551-7975.

SUPPLEMENTARY INFORMATION: Revisions were made to Missouri's 
SO2 rules in response to an SO2 rule 
enforceability review conducted by the EPA in 1991. A consolidated rule 
was presented at a public hearing on March 28, 1996. After addressing 
comments from the hearing and public comment period, the state adopted 
rule 10 CSR 10-6.260 which became effective on August 30, 1996.
    On August 12, 1997, Missouri submitted a request to amend the SIP 
by

[[Page 45728]]

adding the new rule 10 CSR 10-6.260, Restriction of Emission of Sulfur 
Compounds.
    In conjunction with Missouri's request for SIP approval of 10 CSR 
10-6.260, Missouri also requests rescission of eight existing rules 
dealing with sulfur compound emissions (10 CSR 10-2.160, 2.200, 3.100, 
3.150, 4.150, 4.190, 5.110, and 5.150). These eight rules were 
rescinded by Missouri effective July 30, 1997.
    Missouri simplified the SO2 emission requirements by 
consolidating all of the source-specific emission limitations, tests 
methods, and monitoring requirements for the different geographical 
areas into one rule: 10 CSR 10-6.260. The rule is a combination of 
plans which contain requirements that have been previously approved as 
protecting the SO2 NAAQS. This new rule does not change the 
emission limits contained in the existing eight rules to be rescinded, 
but does contain enforceable emission limits, appropriate compliance 
methods, and requires recordkeeping sufficient to determine compliance.
    Section (4) of the rule requires affected sources to comply 
directly with the SO2 National Ambient Air Quality Standard 
(NAAQS). In general, the EPA does not directly enforce the NAAQS. 
Section 110 of the CAA requires states to develop plans which contain 
enforceable emission limitations and other such measures as required to 
protect the NAAQS. Consequently, the EPA will not take action on 
section (4); however, the EPA continues to assert that it is a state's 
prerogative to protect air quality using all necessary and practical 
means.
    Section (3) of this rule also contains the state of Missouri's 
section 111(d) plan as it applies to sulfuric acid mist plant 
emissions. Section (3) replaces the comparable restrictions in 
Missouri's rules, 10 CSR 10-3.100, Restriction of Emission of Sulfur 
Compounds; and 10 CSR 10-5.150, Emission of Certain Sulfur Compounds 
Restricted, to be rescinded. Section 111(d) of the CAA and 40 CFR Part 
60, Subpart B, require each state to adopt and submit a plan to 
establish emission controls for existing sources, which would be 
subject to the EPA's new source performance standards if these sources 
were new sources.
    No comments were received in response to the public comment period 
regarding this rule action.
    For more background information, the reader is referred to the 
proposal for this rulemaking published on March 18, 1998, at 63 FR 
13154.

I. Final Action

    The EPA is taking final action to approve, as a revision to the 
SIP, under 40 CFR Part 52, rule 10 CSR 10-6.260, Restriction of 
Emission of Sulfur Compounds, submitted by the state of Missouri on 
August 12, 1997, except sections (3) and (4).
    The EPA is taking final action to approve, under 40 CFR Part 62, 
section (3) of rule 10 CSR 10-6.260 pursuant to section 111(d) of the 
CAA.
    The EPA is taking no action on section (4) of rule 10 CSR 10-6.260.
    The EPA is also taking final action to rescind SIP rules 10 CSR 10-
2.160, Restriction of Emission of Sulfur Compounds; 10 CSR 10-2.200, 
Restriction of Emission of Sulfur Compounds From Indirect Heating 
Sources; 10 CSR 10-3.100, Restriction of Emission of Sulfur Compounds; 
10 CSR 10-3.150, Restriction of Emission of Sulfur Compounds From 
Indirect Heating Sources; 10 CSR 10-4.150 Restriction of Emissions of 
Sulfur Compounds; 10 CSR 10-4.190, Restriction of Emissions of Sulfur 
Compounds From Indirect Heating Sources; 10 CSR 10-5.110, Restriction 
of Emissions of Sulfur Dioxide for Uses of Fuel; and 10 CSR 10-5.150, 
Emission of Certain Sulfur Compounds Restricted.
    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 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 rule will not have a significant impact on a substantial number of 
small entities because 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 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 
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. 
EPA, 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 
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

[[Page 45729]]

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 October 26, 1998. 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, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, and Sulfur oxides.

40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements, Sulfuric acid plants, Sulfuric oxides.

    Dated: August 3, 1998.
William Rice,
Acting Regional Administrator, Region VII.

    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)(108) to read 
as follows:


Sec. 52.1320  Identification of plan.

* * * * *
    (C) * * *
    (108) On August 12, 1997, the Missouri Department of Natural 
Resources (MDNR) submitted a new rule which consolidated the 
SO2 rules into one and rescinded eight existing rules 
dealing with sulfur compounds.
    (i) Incorporation by reference.
    (A) Regulation 10 CSR 10-6.260, Restriction of Emission of Sulfur 
Compounds, except Section (4), Restriction of Concentration of Sulfur 
Compounds in the Ambient Air, and Section (3), Restriction of 
Concentration of Sulfur Compounds in Emissions, effective on August 30, 
1996.
    (B) Rescission of rules 10 CSR 10-2.160, Restriction of Emission of 
Sulfur Compounds; 10 CSR 10-2.200, Restriction of Emission of Sulfur 
Compounds From Indirect Heating Sources; 10 CSR 10-3.100, Restriction 
of Emission of Sulfur Compounds; 10 CSR 10-3.150, Restriction of 
Emission of Sulfur Compounds From Indirect Heating Sources; 10 CSR 10-
4.150, Restriction of Emissions of Sulfur Compounds; 10 CSR 10-4.190, 
Restriction of Emission of Sulfur Compounds From Indirect Heating 
Sources; 10 CSR 10-5.110, Restrictions of Emission of Sulfur Dioxide 
for Use of Fuel; and 10 CSR 10-5.150, Emission of Certain Sulfur 
Compounds Restricted; effective July 30, 1997.

PART 62--[AMENDED]

    1. The authority citation for part 62 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart AA--Missouri

    2. Section 62.6350 is amended by adding paragraph (b)(3) to read as 
follows:


Sec. 62.6350  Identification of plan.

* * * * *
    (b) * * *
    (3) A revision to Missouri's 111(d) plan for Sulfuric Acid Mist 
from Existing Sulfuric Acid Production Plants which was effective on 
August 30, 1996. This revision incorporates the 111(d) requirements 
from two existing regulations into a new consolidated regulation.

[FR Doc. 98-22901 Filed 8-26-98; 8:45 am]
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