[Federal Register Volume 66, Number 221 (Thursday, November 15, 2001)]
[Rules and Regulations]
[Pages 57389-57391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28519]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MO 0137-1137a; FRL-7103-4]


Approval and Promulgation of Implementation Plans; State of 
Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is announcing it is approving the State Implementation 
Plan (SIP) revision submitted by the state of Missouri which provides 
for the attainment and maintenance of the sulfur dioxide 
(SO2) National Ambient Air Quality Standard (NAAQS) in St. 
Joseph (Buchanan County), Missouri. This revision approves a Consent 
Decree which requires SO2 emission reductions from a major 
air emissions source in St. Joseph. Approval of this SIP revision will 
make the Consent Decree Federally enforceable.

DATES: This direct final rule will be effective January 14, 2002 unless 
EPA receives adverse comments by December 17, 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 or control strategy 
mean to me?
What is the NAAQS for SO2?
What NAAQS violation occurred in St. Joseph, Missouri?
How was the problem addressed?
What is the control strategy?
What is contained in the SIP submittal?
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 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 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 and control strategies to be 
incorporated into the Federally enforceable SIP, states must formally 
adopt them 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 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 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 Missouri SIP is published 
in 40 CFR part 52, subpart AA.
    The actual state regulations and control strategies 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 or control strategy with a specific effective 
date.

[[Page 57390]]

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

    Enforcement of the state regulation or control strategy 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 section 304 of the CAA.

What Is the NAAQS for SO2?

    As mentioned above, we have established ambient air quality 
standards for a number of pollutants, including SO2. These 
standards are set at levels to protect public health and welfare. The 
standards are published in 40 CFR part 50. If ambient air monitors 
measure violations of the standard, states are required to identify the 
cause of the problem and to take measures which will bring the area 
back within the level of the standard. The 24-hour standard for 
SO2 is 0.14 parts per million, not to be exceeded more than 
once per year. There is also a 3-hour and an annual standard.

What NAAQS Violations Occurred in St. Joseph, Missouri?

    In 1995, there was one exceedance of the 24-hour SO2 
standard. In 1997 there were two exceedances of the standard. In 1998, 
there was one final exceedance of the standard. Two exceedances of the 
standard in a calendar year constitute a violation of the NAAQS. Thus, 
there was a violation of the 24-hour SO2 standard in 1997.

How Was the Problem Addressed?

    The source of the SO2 emissions identified as 
contributing to the violation of the NAAQS was the St. Joseph Light and 
Power (SJLP) Company's Lake Road power generating station. There are 
six boilers and three combustion turbines at the Lake Road site.
    The Missouri Department of Natural Resources (MDNR) and the SJLP 
conducted an extensive air dispersion modeling analysis to determine 
the appropriate source control strategy. The modeling was performed in 
accordance with the requirements of the EPA's Guideline on Air Quality 
Models (Revised) and Supplement A. 

What Is the Control Strategy?

    MDNR negotiated enforceable emission limitations and other control 
measures, means, and techniques, as well as schedules and timetables 
for compliance, sufficient to ensure that the NAAQS for SO2 
will be achieved and maintained in the future. These measures 
incorporate the use of low sulfur coal, low sulfur fuel oil, natural 
gas, and fuel blending. Specific emission limits have been set for each 
boiler and turbine. Compliance will be determined through coal sampling 
and fuel certification, stack tests, and continuous emissions 
monitoring.
    These control strategy requirements were incorporated into a 
Consent Decree issued by MDNR to SJLP. In addition to the conditions 
above, the Consent Decree contains monitoring, reporting, and 
recordkeeping requirements sufficient to determine compliance. The 
Consent Decree also contains provisions for stipulated penalties in the 
event SJLP fails to adhere to the requirements of the Consent Decree.

What Is Contained in the SIP Submittal?

    MDNR submitted a request to us to approve the Consent Decree as a 
revision to the Missouri SIP. Additional information is contained in 
the state submittal and in the EPA Technical Support Document (TSD) for 
this notice which can be obtained by contacting us at the address 
above.

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, the 
revision meets the substantive SIP requirements of the CAA, including 
section 110 and implementing regulations.

What Action Is EPA Taking?

    We are approving a revision to the Missouri SIP which requires 
source specific SO2 emission reductions which will result in 
attainment and maintenance of the SO2 NAAQS in St. Joseph 
(Buchanan County), Missouri.

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 pre-existing 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 (Public Law 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does 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). This action 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 ``Protection of 
Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's 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), EPA has 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. 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.).

[[Page 57391]]

    The Congressional Review Act, 5 U.S.C. section 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. Section 804 exempts from section 801 the 
following types of rules: (1) Rules of particular applicability; (2) 
rules relating to agency management or personnel; and (3) rules of 
agency organization, procedure, or practice that do not substantially 
affect the rights or obligations of non-agency parties. 5 U.S.C. 
section 804(3). EPA is not required to submit a rule report regarding 
this action under section 801 because this is a rule of particular 
applicability.
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by January 14, 2002. 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.

    Dated: November 2, 2001.
James B. Gulliford,
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. Section 52.1320 is amended:
    a. By adding a table heading to the table in paragraph (d).
    b. By adding a new entry to the end of the table in paragraph (d).
    The additions read as follows:


Sec. 52.1320  Identification of plan.

* * * * *
    (d) * * *

                                                  EPA-Approved State Source-Specific Permits and Orders
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          State effective
          Name of source                     Order/permit No.                   date                EPA approval date                 Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                 *                  *                   *                   *                  *                   *                   *
St. Joseph Light & Power SO2.....  Consent Decree......................           05/21/01  November 15, 2001 [Insert FR
                                                                                             cite.].
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 01-28519 Filed 11-7-01; 8:45 am]
BILLING CODE 6560-50-P