[Federal Register Volume 64, Number 62 (Thursday, April 1, 1999)]
[Rules and Regulations]
[Pages 15688-15690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7905]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MO 067-1067a; FRL-6315-9]


Approval and Promulgation of Implementation Plans; State of 
Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is announcing direct final approval of revisions to 
Missouri's Open Burning Rule (10 CSR 10-3.030) and Sampling Methods 
Rule (10 CSR 10-6.030) as an amendment to the Missouri State 
Implementation Plan (SIP). This action will update the SIP rules to 
include revisions which add sampling methods and otherwise improve the 
clarity of the rules.

DATES: This direct final rule is effective on June 1, 1999 without 
further notice, unless EPA receives adverse comment by May 3, 1999. If 
adverse comment is received, 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: All comments should be addressed to Joshua A. Tapp at the 
Environmental Protection Agency, Air Planning and Development Branch, 
726 Minnesota Avenue, Kansas City, Kansas 66101.
    Copies of the state submittals are available at the following 
addresses for inspection during normal business hours: Environmental 
Protection Agency, Air Planning and Development Branch, 726 Minnesota 
Avenue, Kansas City, Kansas 66101; and the Environmental Protection 
Agency, Air and Radiation Docket and Information Center, Air Docket 
(6102), 401 M Street, SW, Washington, D.C. 20460.

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

SUPPLEMENTARY INFORMATION:

What Is an SIP?

    Section 110 of the Clean Air Act (CAA) requires states to develop 
air pollution regulations and control strategies to ensure that state 
air quality meets the national ambient air quality standards 
established by EPA. These ambient standards are established under 
section 109 of the CAA, and they currently address six criteria 
pollutants. These pollutants are: carbon monoxide, nitrogen dioxide, 
ozone, lead, particulate matter, and sulfur dioxide.
    Each state must submit these regulations and control strategies to 
EPA for approval and incorporation into the Federally enforceable SIP.
    The CAA requires each state to have a Federally approved SIP which 
protects air quality primarily by addressing air pollution at its point 
of origin. These SIPs can be extensive, containing state regulations or 
other enforceable documents and supporting information such as emission 
inventories, monitoring networks, and modeling demonstrations.

What Is the Federal Approval Process for an SIP?

    In order for state regulations to be incorporated into the 
Federally enforceable SIP, states must formally adopt the regulations 
and control strategies consistent with state and Federal requirements. 
This process generally includes a public notice, public hearing, public 
comment period, and a formal adoption by a state-authorized rulemaking 
body.
    Once a state rule, regulation, or control strategy is adopted, the 
state submits it to EPA for inclusion into the SIP. EPA must provide 
public notice and seek additional public comment regarding the proposed 
Federal action on the state submission. If adverse comments are 
received, they must be addressed prior to any final Federal action by 
EPA.
    All state regulations and supporting information approved by EPA 
under section 110 of the CAA are incorporated into the Federally 
approved SIP. Records of such SIP actions are maintained in the Code of 
Federal Regulations (CFR) at Title 40, Part 52 entitled ``Approval and 
Promulgation of Implementation Plans.'' The actual state regulations 
which are approved are not reproduced in their entirety in the CFR but 
are incorporated by reference, which means that EPA has approved a 
given state regulation with a specific effective date.

[[Page 15689]]

What Does Federal Approval of a State Regulation Mean to Me?

    Enforcement of the state regulation before and after it is 
incorporated into the Federally approved SIP is primarily a state 
responsibility. However, after the regulation is Federally approved, 
EPA is authorized to take enforcement action against violators. 
Citizens are also offered legal recourse to address violators as 
described in the CAA.

What Is Being Addressed in This Document?

    On November 13, 1998, the Missouri Department of Natural Resources 
(MDNR) submitted revisions to rule 10 CSR 10-3.030 entitled ``Open 
Burning Restrictions.'' A public hearing was held on the revisions to 
this rule on March 26, 1998. Following a response to comments, the 
Missouri Air Conservation Commission (MACC) adopted these revisions on 
April 30, 1998, and they became effective on August 30, 1998.
    On December 7, 1998, the MDNR submitted revisions to rule 10 CSR 
10-6.030 entitled ``Sampling Methods for Air Pollution Sources.'' A 
public hearing was held on the revisions to this rule on June 25, 1998. 
No comments were submitted. Consequently, on July 30, 1998, the MACC 
adopted these revisions, and on November 30, 1998, they became 
effective.
    In each of its submittal letters, MDNR has requested that EPA 
revise the Missouri SIP to include the changes incorporated into these 
rules.
    The three most significant revisions incorporated by MDNR into rule 
10 CSR 10-3.030 include: (1) A consolidation of the open burning 
restriction provisions into one section; (2) a new provision that 
requires certain sources which obtain a permit to conduct open burning 
to utilize an air curtain destructor; and (3) revisions which allow 
open burning during emergency response situations, to protect human 
health or for authorized natural resource management. It should be 
noted that this rule pertains to out-state Missouri only. It does not 
include Kansas City, St. Louis, or Springfield.
    Missouri has made two basic types of revisions to rule 10 CSR 10-
6.030 relating to reference sampling methods. The first type of 
revision is to clarify the meaning and intent of the reference method 
citations by making non-substantive word changes. The second type of 
revision that was made was to add certain Federal reference sampling 
methods to the Missouri rule.
    Specifically, two test methods were added to the rule during this 
revision. MDNR has added the Federal reference test method for 
condensible particulate matter (method 202) to Subsection (5)(E). MDNR 
has also added the Federal reference test method for visible emissions 
(method 22) to Subsection (9)(B).

What Action Is Being Taken by EPA?

    MDNR submitted the Out-State Open Burning Rule (10 CSR 10-3.030) 
and the Sampling Methods Rule (10 CSR 10-6.030) for incorporation into 
the Federally approved SIP on November 13, 1998, and on December 7, 
1998, respectively.
    EPA has reviewed these submittals which consolidate rule language, 
clarify rule language, and add Federal reference sampling methods. 
These submittals meet applicable statutory, regulatory, and policy 
guidelines.
     EPA is therefore taking direct final action to approve these rule 
revisions as amendments to the Missouri SIP.
    EPA is publishing this rule without prior proposal, because the 
Agency views this as a noncontroversial submittal and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
adverse comments be filed. This rule will be effective June 1, 1999 
without further notice unless the Agency receives adverse comments by 
May 3, 1999.
    If EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on June 1, 1999 and no 
further action will be taken on the proposed rule.

Administrative Requirements

A. Executive Order (E.O.) 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from E.O. 12866, entitled ``Regulatory Planning and 
Review.''

B. E.O. 12875

    Under E.O. 12875, Enhancing the Intergovernmental Partnership, EPA 
may not issue a regulation that is not required by statute and that 
creates a mandate upon a state, local, or tribal government unless the 
Federal government provides the funds necessary to pay the direct 
compliance costs incurred by those governments or EPA consults with 
those governments. If EPA complies by consulting, E.O. 12875 requires 
EPA to provide to the OMB a description of the extent of EPA's prior 
consultation with representatives of affected state, local, and tribal 
governments, the nature of their concerns, copies of any written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, E.O. 12875 requires EPA to 
develop an effective process permitting elected officials and other 
representatives of state, local, and tribal governments ``to provide 
meaningful and timely input in the development of regulatory proposals 
containing significant unfunded mandates.''
    Today's rule does not create a mandate on state, local, or tribal 
governments. The rule does not impose any enforceable duties on these 
entities. Accordingly, the requirements of section 1(a) of E.O. 12875 
do not apply to this rule.

C. E.O. 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997) applies to any rule that: (1) Is 
determined to be ``economically significant'' as defined under E.O. 
12866 and (2) concerns an environmental health or safety risk that EPA 
has reason to believe may have a disproportionate effect on children. 
If the regulatory action meets both criteria, the Agency must evaluate 
the environmental health or safety effects of the planned rule on 
children and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by the Agency.
    This rule is not subject to E.O. 13045, because it is not an 
economically significant regulatory action as defined by E.O. 12866 and 
does not concern an environmental health or safety risk that EPA has 
reason to believe may have a disproportionate effect on children.

D. E.O. 13084

    Under E.O. 13084, Consultation and Coordination with Indian Tribal 
Governments, EPA may not issue a regulation that is not required by 
statute, that significantly or uniquely affects the communities of 
Indian tribal governments, and that imposes substantial direct 
compliance costs on those communities, unless the Federal government 
provides the funds

[[Page 15690]]

necessary to pay the direct compliance costs incurred by the tribal 
governments or EPA consults with those governments. If EPA complies by 
consulting, E.O. 13084 requires EPA to provide to the OMB, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, E.O. 13084 requires EPA to develop an 
effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.'' This action 
does not significantly or uniquely affect tribal communities, so E.O. 
13084 does not apply.

E. Regulatory Flexibility Act

    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, 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 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).

F. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
annual costs to state, local, or tribal governments in the aggregate; 
or to private sector, of $100 million or more. Under section 205, 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 EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated annual 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 
pre-existing 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.

G. 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. 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 U.S. Comptroller General 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).

H. 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 June 1, 1999. 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, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: March 16, 1999.
Dennis Grams,
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 USC 7401-7671q.

Subpart AA--Missouri

    2. Section 52.1320 is amended by adding new paragraph (c)(112) to 
read as follows:


Sec. 52.1320  Identification of plan.

* * * * *
    (c) * * *
    (112) Revisions submitted on November 13, 1998, and December 7, 
1998, by the MDNR that modify Missouri's Out-state Open Burning Rule 
and add sampling methods to Missouri's Sampling Method Rule, 
respectively.
    (i) Incorporation by reference:
    (A) Revisions to Missouri rule 10 CSR 10-3.030 entitled ``Open 
Burning Restrictions,'' effective August 30, 1998.
    (B) Revisions to Missouri rule 10 CSR 10-6.030 entitled ``Sampling 
Methods for Air Pollution Sources,'' effective November 30, 1998.

[FR Doc. 99-7905 Filed 3-31-99; 8:45 am]
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