[Federal Register Volume 66, Number 57 (Friday, March 23, 2001)]
[Rules and Regulations]
[Pages 16137-16140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7025]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[MO 112-1112a; FRL-6956-9]


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 revisions to the Missouri 
State Implementation Plan (SIP) and part 70 Operating Permits Program. 
EPA is approving revisions to Missouri's Definitions and Common 
Reference Tables rule and Operating Permits rule. These revisions will 
strengthen the SIP with respect to attainment and maintenance of 
established air quality standards, ensure consistency between the state 
and Federally approved rules, and ensure Federal enforceability of the 
state's air program rule revisions pursuant to both section 110 and 
part 70.

DATES: This direct final rule will be effective May 22, 2001 unless EPA 
receives adverse comments by April 23, 2001. If adverse comments are 
received, EPA will publish a timely withdrawal of the direct final rule 
in the Federal Register informing the public that the rule will not 
take effect.

ADDRESSES: Comments may be mailed to Wayne Kaiser, Environmental 
Protection Agency, 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

[[Page 16138]]

Center, Air Docket (6102), 401 M Street, S.W., 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 the Part 70 Operating Permits Program?
    What is being addressed in this document?
    Have the requirements for approval of a SIP revision been met?
    What action is EPA 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's the Part 70 Operating Permits Program?

    The CAA Amendments of 1990 require all states to develop operating 
permits programs that meet certain Federal criteria. In implementing 
this program, the states are to require certain sources of air 
pollution to obtain permits that contain all applicable requirements 
under the CAA. One purpose of the part 70 operating permits program is 
to improve enforcement by issuing each source a single permit that 
consolidates all of the applicable CAA requirements into a Federally 
enforceable document. By consolidating all of the applicable 
requirements for a facility into one document, the source, the public, 
and the permitting authorities can more easily determine what CAA 
requirements apply and how compliance with those requirements is 
determined.
    Sources required to obtain an operating permit under this program 
include ``major'' sources of air pollution and certain other sources 
specified in the CAA or in our implementing regulations. For example, 
all sources regulated under the acid rain program, regardless of size, 
must obtain permits. Examples of major sources include those that emit 
100 tons per year or more of volatile organic compounds, carbon 
monoxide, lead, sulfur dioxide, nitrogen dioxide, or PM10; 
those that emit 10 tons per year of any single hazardous air pollutant 
(HAP) (specifically listed under the CAA); or those that emit 25 tons 
per year or more of a combination of HAPs.
    Revisions to the state and local agencies' operating permits 
program are also subject to public notice, comment, and our approval.

What is Being Addressed in This Document?

    The Missouri Department of Natural Resources (MDNR) has requested 
that EPA approve as a revision to the Missouri SIP and part 70 
Operating Permits Program, recently adopted revisions to rules 10 CSR 
10-6.020, Definitions and Common Reference Tables, and 10 CSR 10-6.065, 
Operating Permits.
    Revisions to the Definitions rule, which became state effective on 
May 30, 2000, are: (1) Section (2)(B)(2) corrects a reference to the 
Air Increment Table in the definition for ``baseline area''; (2) 
section (2)(C)(26) adds a definition for ``criteria pollutant.'' This 
new definition reads, ``Air pollutants for which air quality standards 
have been established in 10 CSR 10-6.010.'' (the latter state rule 
tracks the criteria pollutants for which EPA has set standards under 40 
CFR part 50); (3) section (2)(N)(2) adopts by reference the EPA 
definition for ``net emission increase'' at 40 CFR 51.166(b)(3) in 
place of the previous extemporaneous definition; and (4) section 
(2)(N)(5)(C), the definition for the St. Louis carbon monoxide (CO) 
nonattainment area, was deleted since the area has recently been 
redesignated to attainment for CO.
    The revisions to the Operating Permits rule, which became state 
effective on May 30, 2000, are: (1) Section (1)(B), the definition for 
``basic state installations,'' was revised to add clarifying language 
and to correct typographical errors; (2) sections (1)(D) and (1)(D)(6) 
were revised to correct typographical errors; (3) section (1)(D)(7) was 
revised to make it consistent with EPA requirements pertaining to the 
application of part 70 requirements for sections 111 and 112 sources; 
(4) section (3)(D) was revised to add clarifying language pertaining to 
exempt installations; (5) section (3)(E) was amended for clarification 
and then incorporated into section (3)(D) (section (3)(E) has been 
renumbered as sections (3)(D)(15) through (3)(D)(19)); and (6) sections 
(4)(J) and (4)(M) were revised for clarification.
    Further discussion and background information are contained in the 
technical support document (TSD) prepared for this action, which is 
available from the EPA contact listed above.

[[Page 16139]]

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

    The state submittal has met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. The submittal 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 document, the revisions meet the substantive SIP 
requirements of the CAA, including section 110 and implementing 
regulations, and the substantive requirements of Title V of the CAA and 
40 CFR part 70.

What Action is EPA Taking?

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

Conclusion

    Final action: EPA is approving an amendment to the Missouri SIP 
relevant to rules 10 CSR 10-6.020, Definitions and Common Reference 
Tables, and 10 CSR 10-6.065, Operating Permits, pursuant to section 
110. EPA is also approving these rules as a program revision to the 
state's Part 70 Operating Permits Program pursuant to Part 70. This 
direct final rule is effective on May 22, 2001 without further notice, 
unless EPA receives adverse comment by April 23, 2001. 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

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves preexisting requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4). For the same reason, this 
rule also does not significantly or uniquely affect the communities of 
tribal governments, as specified by Executive Order 13084 (63 FR 27655, 
May 10, 1998). This 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 Executive Order 13132 (64 
FR 43255, August 10, 1999), because it merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the CAA. 
This rule also is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions, our role is to approve state choices, 
provided that they meet the criteria of the CAA. In this context, in 
the absence of a prior existing requirement for the state to use 
voluntary consensus standards (VCS), we have no authority to disapprove 
a SIP submission for failure to use VCS. It would thus be inconsistent 
with applicable law for EPA, when it reviews a SIP submission, to use 
VCS in place of a SIP submission that otherwise satisfies the 
provisions of the CAA. Thus, the requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) do not apply. As required by section 3 of Executive Order 12988 
(61 FR 4729, February 7, 1996), in issuing this rule, we have taken the 
necessary steps to eliminate drafting errors and ambiguity, minimize 
potential litigation, and provide a clear legal standard for affected 
conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March 
15, 1988) by examining the takings implications of the rule in 
accordance with the ``Attorney General's Supplemental Guidelines for 
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued 
under the Executive Order. This rule does not impose an information 
collection burden under the provisions of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.).
    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. We will submit a report containing this rule and other 
required information to the United States Senate, the United States 
House of Representatives, and the Comptroller General of the United 
States prior to publication of the rule in the Federal Register. A 
major rule cannot take effect until 60 days after it is published in 
the Federal Register. This action is not a ``major rule'' as defined by 
5 U.S.C. 804(2).
    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 May 22, 2001. 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, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides.

40 CFR Part 70

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Intergovernmental relations, Lead, Nitrogen dioxide, 
Ozone, Particulate matter, Reporting and recordkeeping requirements, 
Sulfur oxides.

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

    Dated: January 17, 2001.
Dennis Grams,
P.E., Regional Administrator, Region 7.

    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(c) the table is amended under Chapter 6 by 
revising the entries for ``10-6.020'' and ``10-6.065'' to read as 
follows:


Sec. 52.1320  Identification of plan.

* * * * *

[[Page 16140]]

    (c) * * *

                                        EPA-Approved Missouri Regulations
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                                                       State
   Missouri  citation              Title          effective date     EPA approval date         Explanations
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                                    Missouri Department of Natural Resources
 
        *                  *                  *                  *                  *                  *
                                                        *
    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                     Regulations for the State of Missouri
 
        *                  *                  *                  *                  *                  *
                                                        *
10-6.020................  Definitions and Common         5/30/00  [insert publication
                           Reference Tables.                       date and FR cite]
                                                                   cite].
 
        *                  *                  *                  *                  *                  *
                                                        *
10-6.065................  Operating Permits.....         5/30/00  [insert publication     The state rule has
                                                                   date and FR cite].      sections (4)(A),
                                                                                           (4)(B), and (4)(H)--
                                                                                           Basic State Operating
                                                                                           Permits. EPA has not
                                                                                           approved those
                                                                                           sections.
 
        *                  *                  *                  *                  *                  *
                                                        *
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PART 70--[AMENDED]

    1. The authority citation for Part 70 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq. Appendix A--[Amended]
    2. Appendix A to part 70 is amended by adding paragraphs (h) and 
(i) to read as follows:
    Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs
* * * * *
    Missouri
* * * * *
    (h) The Missouri Department of Natural Resources submitted Missouri 
rule 10 CSR 10-6.065, ``Operating Permits,'' on June 8, 2000, approval 
effective May 22, 2001.
    (i) The Missouri Department of Natural Resources submitted Missouri 
rule 10 CSR 10-6.020, ``Definitions and Common Reference Tables,'' on 
July 31, 2000, approval effective May 22, 2001.
* * * * *
[FR Doc. 01-7025 Filed 3-22-01; 8:45 am]
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