[Federal Register Volume 68, Number 180 (Wednesday, September 17, 2003)]
[Rules and Regulations]
[Pages 54366-54369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23586]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[MO 195-1195a; FRL-7559-9]


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 approval of revisions to the Missouri State 
Implementation Plan (SIP) and Operating Permit Program. The changes, 
which include revisions to definitions, permit modification procedures, 
and reporting requirements, were made to correct the operating permit 
program deficiencies listed in the Notice of Deficiency (NOD) published 
by EPA in the Federal Register on March 25, 2002. These revisions are 
necessary to ensure consistency between the state and federally 
approved rules. This rule finds that Missouri has cured all 
deficiencies noticed on March 25, 2002, and permanently suspends any 
resulting consequences, including sanctions, with respect to those 
specific deficiencies.

DATES: This direct final rule will be effective November 17, 2003, 
unless EPA receives adverse comments by October 17, 2003. 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 submitted either by mail or electronically. 
Written comments should be submitted to Harriett Jones, Environmental 
Protection Agency, Air Permitting and Compliance Branch, 901 North 5th 
Street, Kansas City, Kansas 66101. Electronic comments should be sent 
either to [email protected] or to http://www.regulations.gov, 
which is an alternative method for submitting electronic comments to 
EPA. To submit comments, please follow the detailed instructions 
described in ``What action is EPA taking'' in the SUPPLEMENTARY 
INFORMATION section.
    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: Harriett Jones at (913) 551-7730, or 
by e-mail at [email protected].

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 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 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 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 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 
section 304 of 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 compliance 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

[[Page 54367]]

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 we approve as a revision 
to the Missouri SIP and part 70 Operating Permits Program recently 
adopted revisions to rule 10 CSR 10-6.065. These revisions were adopted 
to cure the deficiencies discussed in a March 25, 2002, Federal 
Register (67 FR 13626), in which we notified Missouri of deficiencies 
which we had identified in its Part 70 program. Missouri also made 
other changes to its program to clarify its terms. These changes were 
approved by the Missouri Air Conservation Commission on December 5, 
2002, and became effective on April 30, 2003. An overview of the 
revisions is discussed below.
    (1) Definition of Major Source. For the purpose of determining Part 
70 applicability, the definition of major source at 40 CFR 70.2 
includes specific emission thresholds for sources in ozone transport 
regions, carbon monoxide non-attainment areas, and particulate matter 
(PM10) non-attainment areas. Missouri currently does not 
have any of these areas within the state. However, Missouri's 
regulations, which did not previously include these specific portions 
of the definition of major source, have been revised to include them in 
10 CSR 10-6.065(1)(D)3, which defines the term ``Part 70 
installation.'' Because the term is also used in Missouri's SIP rules, 
in particular 10 CSR 10-6.065(5), relating to intermediate (non-major) 
permits, the revision of the term is a revision to the SIP.
    (2) Revisions to Acid Rain Portion of Permit. The Title V permit 
revision procedures specified at 40 CFR 70.7(e) require that any change 
to the acid rain portion of the permit must be made in accordance with 
the acid rain permit revision procedures specified in 40 CFR part 72 
which were promulgated under Title IV of the Act. Missouri's 
regulations, which did not previously include this requirement, have 
been revised to include it in 10 CSR 10-6.065(6)(E)5.A.
    (3) Contemporaneous notice required for ``off-permit'' changes. The 
Title V permit regulations specified at 40 CFR 70.4(b)(14) require that 
a state may allow ``off-permit'' changes (i.e., changes that are not 
addressed or prohibited by the permit) provided that 
``contemporaneous'' written notice of each such change is provided to 
EPA and the permitting authority. Missouri's regulations at 10 CSR 10-
6.065(6)(C)9.B., which previously allowed these notices to be submitted 
no later than the next annual emissions report, have been revised to 
state that they must be submitted contemporaneously with the change.
    (4) Minor permit modification procedures. The Title V permit 
modification procedures specified at 40 CFR 70.7(e)(2)(ii)(C) require 
that applications for minor permit modifications include certification 
by a responsible official that the proposed modification meets the 
criteria for use of minor permit modification procedures and a request 
that such procedures be used. Missouri's regulations at 10 CSR 10-
6.065(6)(E)5.B.(II)(a)III which did not previously include this 
requirement, have been revised to include it.

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. The 
revision meets the substantive SIP requirements of the CAA, including 
section 110 and implementing regulations. The submittal also meets the 
substantive requirements of Title V of the 1990 CAA Amendments and 40 
CFR part 70.

What Action Is EPA Taking?

    We are approving the Missouri submission as a revision to the Title 
V program, and to the extent that the definition of major source is 
revised, as a SIP revision. We are also finding that Missouri has 
corrected the deficiencies identified in the March 25, 2002, notice. 
Finally, we are determining that Missouri is no longer subject to 
sanctions for the deficiencies stated in the notice, and that our 
obligation to promulgate a Federal permit program has terminated. We 
are processing this action as a direct final rule because the revisions 
merely correct the state regulations to be consistent with the 
requirements of Federal law. Therefore, we do not anticipate any 
adverse comments. Please note that if EPA receives adverse comment on 
part of this rule and if that part can be severed from the remainder of 
the rule, EPA may adopt as final those parts of the rule that are not 
the subject of an adverse comment.
    You may submit comments either electronically or by mail. To ensure 
proper receipt by EPA, identify the appropriate rulemaking 
identification number, MO 195-1195a, in the subject line on the first 
page of your comment. Please ensure that your comments are submitted 
within the specified comment period. Comments received after the close 
of the comment period will be marked ``late.'' EPA is not required to 
consider these late comments.
     1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    a. Electronic mail. Comments may be sent by e-mail to Harriett 
Jones at [email protected]. Please include identification number 
MO 195-1195a in the subject line. EPA's e-mail system is not an 
``anonymous access'' system. If you send an e-mail comment directly 
without going through Regulations.gov, EPA's e-mail system 
automatically captures your e-mail address. E-mail addresses that are 
automatically captured by EPA's e-mail system are included as part of 
the comment that is placed in the official public docket.
    b. Regulations.gov. Your use of Regulations.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to http://www.regulations.gov, click on ``To Search for Regulations,'' then 
select Environmental Protection Agency and use the ``go'' button. The 
list of current EPA actions available for comment will be listed. 
Please follow the online instructions for submitting comments. The 
system is an ``anonymous access'' system, which means EPA will not know 
your identity, e-mail address, or other contact information unless you 
provide it in the body of your comment.
    2. By Mail. Written comments should be sent to the name and address 
listed

[[Page 54368]]

in the ADDRESSES section of this document.

Statutory and Executive Order Reviews

    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 and Title V 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 or Title V submission for failure to use VCS. It would 
thus be inconsistent with applicable law for EPA, when it reviews a SIP 
or Title V submission, to use VCS in place of a SIP or Title V 
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 November 17, 2003. 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: September 4, 2003.
James B. Gulliford,
Regional Administrator, Region 7.

0
Chapter I, title 40 of the Code of Federal Regulations is amended as 
follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart AA--Missouri

0
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) * * *

[[Page 54369]]



                                       EPA--Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
                                             State
 Missouri               Title              effective          EPA approval date                Explanation
 citation                                    date
----------------------------------------------------------------------------------------------------------------
                                    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               4/30/03   September 12, 2003, FR page       The state rule has
                                                       citation.                         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. The
                                                                                         ``intermediate source''
                                                                                         program in Section (5)
                                                                                         is approved, along with
                                                                                         other provisions of 10-
                                                                                         6.065 on which it
                                                                                         relies.
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 70--[AMENDED]

0
1. The authority citation for Part 70 continues to read as follows:

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

Appendix A--[Amended]

0
2. Appendix A to Part 70 is amended by adding paragraph (n) under 
Missouri to read as follows:

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

* * * * *

Missouri

* * * * *
    (n) The Missouri Department of Natural Resources submitted Missouri 
rule 10 CSR 10-6.065, ``Operating Permits,'' on May 6, 2003, approval 
effective November 17, 2003.
* * * * *
[FR Doc. 03-23586 Filed 9-16-03; 8:45 am]
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