[Federal Register Volume 67, Number 167 (Wednesday, August 28, 2002)]
[Rules and Regulations]
[Pages 55129-55132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21942]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[MO 161-1161a; FRL-7269-2]


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. 
This revision pertains to the state's part 70 operating permits rule. 
Approval of this revision will ensure consistency between the state and 
Federally-approved rules, and ensure Federal enforceability of the 
state's air program rule revision.

DATES: This direct final rule will be effective October 28, 2002, 
unless EPA receives adverse comments by September 27, 2002. 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

[[Page 55130]]

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 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 state of Missouri has requested that EPA approve as a revision 
to the Missouri SIP and part 70 Operating Permits Program recently 
adopted revisions to rule 10 CSR 10-6.065, Operating Permits.
    The operating permits rule defines air contaminant sources which 
are required to obtain operating permits and establishes procedures for 
obtaining and complying with operating permits; it does not establish 
any air quality standards or guidelines.
    Prior to this revision, this rule applied to all incinerators. 
However, on May 28, 2000, the MDNR was notified by the state's Attorney 
General's office that the authority to regulate these types of 
incinerators was limited by state statute to the University of Missouri 
Extension Service.
    On the recommendation of the Attorney General's office, the MDNR 
has revised this rule to add an exemption for this type of incinerator. 
Specifically, subparagraph (19) was added to subsection (3)(C)--Exempt 
Emission Units. This exemption reads: ``Noncommercial incineration of 
dead animals, the on-site incineration of resident animals for which no 
consideration is received or commercial profit is realized, as 
authorized in section 269.020.6, RSMo 2000.''
    The MDNR has submitted emission inventory information which 
confirms that emissions from these sources is minimal (for example, 
particulate emissions are approximately one ton per year, or less), and 
that this exemption is not likely to have an adverse impact on ambient 
air quality. No existing incinerators in this source category are 
subject to the operating permit program, due to their de minimis size. 
These sources will continue to be constructed and operated in 
accordance with the requirements of the University of Missouri 
Extension Service.
    In an unrelated revision, the MDNR has revised language in the 
Applicability section by removing a reference to ``asphaltic concrete 
plants'' because there is no definition for this type of source and no 
reason to specifically identify these sources since there is no special 
treatment for them. Deleting this reference does not change the 
applicability requirement for this rule. The rule is still applicable 
to asphaltic concrete plants.
    Also, an exemption for restaurants and other retail establishments 
for the purpose of preparing food for employee and guest consumption 
was removed, and finally, a minor typographical revision was made by 
changing the spelling of ``BTUs'' to ``Btus.''
    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 10-6.065, Operating Permits pursuant to 
section 110. EPA is also approving this rule as a program revision to 
the state's Operating Permits Program pursuant to part 70.

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

[[Page 55131]]

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.).
    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 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 28, 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, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

40 CFR Part 70

    Administrative practice and procedure, Air pollution control, 
Intergovernmental relations, Reporting and recordkeeping requirements.

    Dated: August 14, 2002.
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. In Sec. 52.1320(c) the table is amended under Chapter 6 by 
revising the entry for ``10-6.065'' to read as follows:


Sec. 52.1320  Identification of plan.

* * * * *
    (c) * * *

                                                            EPA-Approved Missouri Regulations
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                                                                         State effective
          Missouri citation                         Title                      date                EPA approval date                 Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                        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
 
*                  *                  *                  *                  *                  *                  *
10-6.065............................  Operating Permits...............            5/30/02  8/28/02 and FR cite.              The state rule has sections
                                                                                                                              (4)(A), (4)(B), and (4)(H)-
                                                                                                                              -Basic State Operating
                                                                                                                              Permits. EPA has not
                                                                                                                              approved those sections.
                                                                                                                              Section (6), Part 70
                                                                                                                              operating permits, has
                                                                                                                              been approved as an
                                                                                                                              integral part of the
                                                                                                                              operating permit program
                                                                                                                              and has not been approved
                                                                                                                              as part of the SIP.
 
*                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

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 under the entry for Missouri by 
adding paragraph (l) to read as follows:

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

* * * * *
Missouri
* * * * *

[[Page 55132]]

    (l) The Missouri Department of Natural Resources submitted Missouri 
rule 10 CSR 10-6.065, ``Operating Permits'' on May 30, 2002, approval 
effective October 28, 2002.
* * * * *
[FR Doc. 02-21942 Filed 8-27-02; 8:45 am]
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