[Federal Register Volume 64, Number 243 (Monday, December 20, 1999)]
[Rules and Regulations]
[Pages 71035-71038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32375]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MO 090-1090; FRL-6508-4]


Approval and Promulgation of Implementation Plans and Part 70 
Operating Permits Program; State of Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is announcing it is approving an amendment to the Missouri 
State Implementation Plan (SIP). EPA is approving revisions to Missouri 
rule 10 CSR 10-3.050, Restriction of Emission of Particulate Matter 
From Industrial Processes. The effect of this action is to ensure 
Federal enforceability of the state's air program rule revisions and to 
maintain consistency between the state adopted rules and the approved 
SIP.

DATES: This rule will be effective on February 18, 2000, unless EPA 
receives adverse written comments by January 19, 2000. If adverse 
comment is received EPA will publish a timely withdrawal of the rule in 
the Federal Register and inform the public that the rule will not take 
effect.

ADDRESSES: All comments should be addressed to Wayne Kaiser, Air 
Planning and Development Branch, 901 North 5th Street, Kansas City, 
Kansas 66101.
    Copies of the state submittal(s) are available at the following 
addresses for inspection during normal business hours: Environmental 
Protection Agency, Air Planning and Development Branch, 901 North 5th 
Street, Kansas City, Kansas 66101; and the Environmental Protection 
Agency, Air and Radiation Docket and Information Center, Air Docket 
(6102), 401 M Street, SW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Wayne Kaiser at (913) 551-7603.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we, us, 
or our'' is used, we mean EPA.
    This section provides additional information by addressing the 
following questions:
    What is a SIP?
    What is the Federal approval process for a SIP?
    What does Federal approval of a state regulation mean to me?
    What is being addressed in this notice?
    Have the requirements for approval of a SIP revision been met?
    What action are we taking?

What Is a 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 us. 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 
us for approval and incorporation into the Federally enforceable SIP.
    Each Federally approved SIP 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 a 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 us for inclusion into the SIP. We 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 
us.
    All state regulations and supporting information approved by us 
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 
Promulgations of Implementation Plans.'' The actual state regulations 
which are approved are not reproduced in their entirety in the CFR 
outright but are ``incorporated by reference,'' which means that we 
have approved a given state regulation with a specific effective date.

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, we 
are authorized to take enforcement action against violators. Citizens 
are also offered legal recourse to address violations as described in 
the CAA.

What Is Being Addressed in This Document?

    On April 5, 1999, and September 30, 1999, we received requests from 
Director of the Missouri Department of Natural Resources (MDNR) to 
amend the Missouri SIP. Both requests pertained to revisions of the 
Missouri air rule which regulates particulate emissions, 10 CSR

[[Page 71036]]

10-3.050, Restriction of Emission of Particulate Matter From Industrial 
Processes.
    In the first request, rule 10 CSR 10-3.050 was revised in two 
places. First, section (3) General Provisions, paragraph (B) was 
revised to change the word ``waste'' to ``fuel.'' The revised 
subparagraph now reads, ``Process weight means the total weight of all 
material introduced into a source operation including solid fuels, but 
excluding liquids and gases used solely as fuels and * * *.'' This 
change was made for clarification and to provide consistency with other 
language in the rule.
    The second change was to section (5), Exemptions, paragraph (B)(4). 
This paragraph revised existing language pertaining to charcoal kilns 
to reference a recently adopted rule, 10 CSR 10-6.330, Restriction of 
Emissions From Batch-Type Charcoal Kilns, which established emission 
controls for charcoal kilns. This rule was approved as a SIP revision 
on December 8, 1998. Thus, this revision to rule 10-5.030 was an update 
for the purpose of clarification and consistency with rule 10-6.330.
    In the second case, section (5), Exemption, paragraph (B), was 
amended to add new subparagraph 5. The subparagraph provides an 
exemption from the particulate matter emissions rule for smoke 
generating devices when a required permit or a written determination 
that a permit is not required has been issued or written. The revision 
has the effect of eliminating the need to issue variances for use of 
smoke generating devices. These devices are used for military training 
by the Fort Leonard Wood Smoke Training School.
    Extensive air quality modeling was conducted by the MDNR, with 
assistance from EPA, to evaluate the impact of the use of smoke 
generators during training exercises at Fort Leonard Wood. The state 
provided a summary of the modeling results with its SIP request. Based 
on the modeling analysis, the smoke training at Fort Leonard Wood, if 
operated under the requirements listed in the prevention of significant 
deterioration permit, will not cause or contribute to a violation of 
the national ambient air quality standards. Because the exemption from 
the rule only applies where a source has met applicable permitting 
requirements, and the permitting requirements are designed to protect 
the NAAQS, EPA believes that the addition of the exemption will not 
adversely impact the NAAQS.
    Additional background and technical information regarding the 
specific rule revisions are contained in the technical support document 
(TSD) prepared for this action, which is available from the EPA contact 
listed above.

Have the Requirements for Approval of a SIP Revision Been Met?

    The state submittals have met the public notice requirements for 
SIP submissions in accordance with 40 CFR 51.102. The submittals also 
satisfied the completeness criteria of 40 CFR part 51, appendix V. In 
addition, as explained above and in more detail in the TSD which is 
part of this notice, the revisions meet the substantive SIP 
requirements of the CAA, including section 110 and implementing 
regulations.

What Action Are We Taking?

    We are processing this action as a direct final action because the 
revisions make changes to the existing rules which are 
noncontroversial. Therefore, we do not anticipate any adverse comments.

Conclusion

    EPA is approving an amendment to the Missouri SIP related to rule 
10 CSR 10-3.050, Restriction of Emission of Particulate Matter From 
Industrial Processes. Dates: This direct final rule is effective on 
February 18, 2000, without further notice, unless EPA receives adverse 
comment by January 19, 2000. 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.

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. 13132

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces E.O. 
12612 (Federalism) and E.O. 12875 (Enhancing the Intergovernmental 
Partnership). E.O. 13132 requires EPA to develop an accountable process 
to ensure ``meaningful and timely input by state and local officials in 
the development of regulatory policies that have federalism 
implications.'' ``Policies that have federalism implications'' is 
defined in the E.O. to include regulations that have ``substantial 
direct effects on the states, on the relationship between the national 
government and the states, or on the distribution of power and 
responsibilities among the various levels of government.'' Under E.O. 
13132, EPA may not issue a regulation that has federalism implications, 
that imposes substantial direct compliance costs, and that is not 
required by statute, unless the Federal Government provides the funds 
necessary to pay the direct compliance costs incurred by state and 
local governments, or EPA consults with state and local officials early 
in the process of developing the proposed regulation. EPA also may not 
issue a regulation that has federalism implications and that preempts 
state law unless the Agency consults with state and local officials 
early in the process of developing the proposed regulation.
    This final rule will not have substantial direct effects on the 
states, on the relationship between the national government and the 
states, or on the distribution of power and responsibilities among the 
various levels of government, as specified in E.O. 13132. Thus, the 
requirements of section 6 of the E.O. 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 it does not establish a further health or risk-based standard 
because it approves provisions which implement a previously promulgated 
health or safety-based standard.

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 necessary to pay the direct compliance costs 
incurred by the tribal

[[Page 71037]]

governments, or EPA consults with those governments. If EPA complies by 
consulting, E.O. 13084 requires EPA to provide to 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.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. This action does not involve 
or impose any requirements that affect Indian tribes. Accordingly, the 
requirements of Section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility Act (RFA)

    The RFA 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, 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 the 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 
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.

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 United States Senate, the United States 
House of Representatives, and the United States 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 February 18, 2000. 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, Particulate matter, Reporting 
and recordkeeping requirements.

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

    Dated: November 29, 1999.
Dennis Grams,
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. In Sec. 52.1320 the entry in paragraph (c), table titled EPA-
Approved Missouri Regulations, Missouri Citation 10-3.050 is revised to 
read as follows:


Sec. 52.1320  Identification of plan.

* * * * *
    (c) EPA-approved regulations.

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                                                     State
  Missouri                  Title                  Effective                       EPA approval date                               Explanations
  Citation                                           date
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                                                        Missouri Department of Natural Resources
 
                   *                  *                  *                  *                  *                  *                  *
                                       Chapter 3--Air Pollution Control Regulations for the Outstate Missouri Area
 
                   *                  *                  *                  *                  *                  *                  *
   10-3.050   Restriction of Emission of           September   December 20, 1999
               Particulate Matter From              30, 1999   [FR 71037]
               Industrial Processes.
 
                   *                  *                  *                  *                  *                  *                  *
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[FR Doc. 99-32375 Filed 12-17-99; 8:45 am]
BILLING CODE 6560-50-P