[Federal Register Volume 66, Number 151 (Monday, August 6, 2001)]
[Rules and Regulations]
[Pages 40901-40903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19454]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[MO 120-1120a; FRL-7024-3]


Approval and Promulgation of Implementation Plans and 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 a revision to the Missouri 
State Implementation Plan (SIP) and part 70 Operating Permits Program. 
EPA is approving a revision to Missouri rule ``Submission of Emission 
Data, Emission Fees, and Process Information.'' This revision will 
ensure consistency between the state and Federally approved rules, and 
ensure Federal enforceability of the state's air program rule revision 
pursuant to both section 110 of the Clean Air Act and part 70 Operating 
Permits Program.

EFFECTIVE DATE: This direct final rule will be effective October 5, 
2001 unless EPA receives adverse comments by September 5, 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 documents relative to this action are available for 
public inspection during normal business hours at the above listed 
Region 7 location. The interested persons wanting to examine these 
documents should make an appointment with the office at least 24 hours 
in advance.

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 and Part 70 
Program 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 Is 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 40 CFR part 70 operating permits 
program is to improve

[[Page 40902]]

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 state of Missouri has requested that EPA approve as a revision 
to the Missouri SIP and the 40 CFR part 70 Operating Permits Program 
recently adopted revisions to rule 10 CSR 10-6.110, ``Submission of 
Emission Data, Emission Fees, and Process Information.''
    This rule applies to sources that are required to obtain a 
construction or Title V permit and to sources seeking an exemption from 
major source permitting requirements. The rule requires the submittal 
of an Emission Inventory Questionnaire (EIQ) and payment of emission 
fees based on information submitted in the EIQ.
    Revisions made in this annual update include no longer requiring 
the payment of a service fee by Phase I acid rain sources. However, 
these sources will now be required to pay Title V emission fees. The 
state deleted the requirement for payment of fees by charcoal 
production sources. Both of these provisions were included in the state 
statute which established the Title V operating permit program. Other 
minor revisions, corrections, and clarifications were also made. The 
annual emission fee was not revised, so it remains at twenty-five 
dollars and seventy cents ($25.70) per ton. This fee, along with 
program cash reserves, is sufficient to fund the cost of administering 
the 40 CFR part 70 program.
    Further discussion and background information is contained in the 
technical support document prepared for this action, which is available 
from the EPA contact listed above.

Have the Requirements for Approval of a SIP Revision and Part 70 
Program 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 technical 
support document which is part of this document, the revisions meet the 
substantive SIP requirements of the CAA, including section 110 and 
implementing regulations. Finally, the submittal meets the substantive 
requirements of Title V of the 1990 CAA Amendments 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, and make regulatory revisions required by state 
statute. Therefore, we do not anticipate any adverse comments.
    Final action: EPA is approving as an amendment to the Missouri SIP 
revisions to rule 10 CSR 10-6.110, ``Submission of Emission Data, 
Emission Fees, and Process Information'' pursuant to section 110. EPA 
is also approving this rule as a program revision to the state's part 
70 Operating Permits Program pursuant to part 70.

I. 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. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). 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

[[Page 40903]]

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 October 5, 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 in 40 CFR Parts 52 and 70

    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.

    Dated: July 17, 2001.
William A. Spratlin,
Acting 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 entry for ``10-6.110'' to read as follows:


Sec. 52.1320  Identification of plan.

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    (c) * * *

                                        EPA-Approved Missouri Regulations
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                                                            State         EPA
   Missouri  citation                 Title               effective     approval            Explanation
                                                             date         date
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                                    Missouri Department of Natural Resources
 
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                                                        *
    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
 
*                  *                  *                  *                  *                  *
                                                        *
10-6.110...............  Submission of Emission Data,       11/30/00    8/6/01 FR   Section (5), Emission Fees,
                          Emission Fees, and Process                        40903   has not been approved as
                          Information.                                              part of the SIP.
 
*                  *                  *                  *                  *                  *
                                                        *
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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.

    2. Appendix A to Part 70 is amended by adding under 
``Missouri''paragraph (j) to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs

* * * * *

Missouri

* * * * *
    (j) The Missouri Department of Natural Resources submitted 
Missouri rule 10 CSR 10-6.110, ``Submission of Emission Data, 
Emission Fees, and Process Information'' on November 27, 2000, 
approval effective October 5, 2001.
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[FR Doc. 01-19454 Filed 8-3-01; 8:45 am]
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