[Federal Register Volume 69, Number 93 (Thursday, May 13, 2004)]
[Rules and Regulations]
[Pages 26503-26506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10874]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R07-OAR-2004-MO-0001; FRL-7661-4]


Approval and Promulgation of Implementation Plans; 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) which updates changes to the non-
regulatory portion of the Inspection and Maintenance (I/M) Program for 
the St. Louis area. The original SIP for the centralized St. Louis I/M 
program was approved in 2000 and the program was implemented in April 
2000. Due to a regulatory amendment, the SIP was revised in 2002. At 
that time, the non-regulatory portion of the SIP was not revised. 
Approval of this revision will ensure consistency between the 
description of the program included in the approved SIP and the current 
Missouri program description.

DATES: This direct final rule will be effective July 12, 2004, without 
further notice, unless EPA receives adverse comment by June 14, 2004. 
If adverse comment is 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: Submit your comments, identified by Regional Material in 
EDocket (RME) ID Number R07-OAR-2004-MO-0001, by one of the following 
methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Agency Web site: http://docket.epa.gov/rmepub/. RME, EPA's 
electronic public docket and comment system, is EPA's preferred method 
for receiving comments. Once in the

[[Page 26504]]

system, select ``quick search;'' then key in the appropriate RME Docket 
identification number. Follow the on-line instructions for submitting 
comments.
    3. E-mail: Alan Banwart [email protected].
    4. Mail: Alan Banwart, Environmental Protection Agency, Air 
Planning and Development Branch, 901 North 5th Street, Kansas City, 
Kansas 66101.
    5. Hand Delivery or Courier: Deliver your comments to Alan Banwart, 
Environmental Protection Agency, Air Planning and Development Branch, 
901 North 5th Street, Kansas City, Kansas 66101.
    Instructions: Direct your comments to RME ID No. R07-OAR-2004-MO-
0001. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
http://docket.epa.gov/rmepub/, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through RME, regulations.gov, 
or e-mail. The EPA RME Web site and the Federal regulations.gov Web 
site are ``anonymous access'' systems, which means EPA will not know 
your identity or contact information unless you provide it in the body 
of your comment. If you send an e-mail comment directly to EPA without 
going through RME or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. 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. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
RME index at http://docket.epa.gov/rmepub/. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically in RME 
or in hard copy at the Environmental Protection Agency, Air Planning 
and Development Branch, 901 North 5th Street, Kansas City, Kansas 
66101. The Regional Office's official hours of business are Monday 
through Friday, 8 to 4:30, excluding Federal holidays. 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: Alan Banwart at (913) 551-7819, 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 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 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 Being Addressed in This Document?

    A request to revise the non-regulatory portion of the Vehicle 
Inspection and Maintenance (I/M) SIP for the St. Louis area was 
submitted to us. The SIP for the St. Louis I/M program was approved in 
2000 and the program was implemented in April 2000. Due to a regulatory 
amendment, the SIP was revised in 2002. At that time, the non-
regulatory portion of the SIP was not revised. The non-regulatory 
portion is the narrative description of the current I/M program. While 
the narrative description does not change regulatory requirements, some 
portions are necessary to meet the requirements of the Federal I/M 
rule. Other portions of the description are for informational purposes 
and do not address SIP elements required by the Federal rule. This 
revision will ensure consistency between the program description in the 
SIP and the current Missouri program description.
    The information submitted on October 1, 2003, included a signed

[[Page 26505]]

approval of the Missouri SIP by the Missouri Air Conservation 
Commission (MACC), all public notice articles and a record of the 
public hearing. It also included the Missouri SIP for the Vehicle 
Inspection and Maintenance Program for the St. Louis Maintenance Area. 
There were 14 parts of the SIP submitted which included the non-
regulatory section of the SIP and 13 SIP attachments: (1) State of 
Missouri Statutory Authority; (2) State of Missouri I/M Rules and 
Regulations; (3) Memorandums of Understanding; (4) I/M Contract with 
ESP Missouri, Inc.; (5) State of Missouri I/M Budget: Fiscal Year 2000; 
(6) MOBILE6 Input and Output Files; (7) MOBILE6 Sample Calculations; 
(8) Number of Vehicles in the I/M Program, Number of Exempt Vehicles in 
the I/M Program and Number of Private and Local Government Fleets in 
the I/M Program; (9) Procedures and Specifications; (10) ZIP Code 
Listing Covering the I/M Program; (11) Public Education Plan; (12) 
Missouri Department of Revenue's Contract with Fee Offices; (13) State 
of Missouri Rule 11 CSR 50-2.400 Emissions Test Procedures for Franklin 
County.
    The required public's comments section was submitted to the EPA on 
August 21, 2003.
    On November 5, 2003, MDNR submitted a letter that included the 
correct material identifying and describing the program that was 
missing or out-dated from the original submittal. Attachment 2: State 
of Missouri I/M Rules and Regulations replaced the outdated information 
with the latest revision of 10 CSR 10-5.375 and 10 CSR 10-5.380. This 
submittal also included a new title for Attachment 5: State of Missouri 
I/M Budget: Fiscal Year 2004.
    On December 19, 2003, MDNR sent Attachment 7: MOBILE 6 Sample 
Calculations, to the EPA via email, because the original attachment did 
not contain any information concerning the calculation.
    For clarification, a list of the significant changes between the 
old and new non-regulatory SIP provisions is provided below.

Section A--Applicability

    Updated census population of the counties in I/M area.

Section C--I/M Performance Standard for the Enhanced and Basic Program

    The Program now uses MOBILE 6 instead of MOBILE 5b to determine if 
the performance standard is met.

Section D--Network Type and Program Evaluation

    With MOBILE 6 as the new performance standard model, a comparison 
with the Gateway Clean Air Program (GCAP) and the Basic EPA Performance 
Standard was done to show that GCAP was meeting the standard. Here are 
the results:

            Composite Emission Factor at 19.6 Miles Per Hour
------------------------------------------------------------------------
                                                 VOC       CO      NOX
               Types of program                 (gpm)    (gpm)    (gpm)
------------------------------------------------------------------------
No I/M Controls..............................     1.45    15.91     2.54
EPA Basic Performance Standard...............     1.38    15.04     2.53
Missouri I/M Program.........................     1.26    13.42     2.41
EPA Enhanced Performance Standard............     1.22    13.24     2.39
------------------------------------------------------------------------

    This demonstration meets the requirements of 40 CFR 51.372(a)(2). 
This element was previously approved based on the model applicable at 
the time of the prior approval in 2000.

Section G--Vehicle Fleet Coverage Using Diagnostic Inspection

    Updated number of government agencies and their fleet vehicles in 
the I/M area.

Section H--Test Procedures and Standards

    Phase-in of On-Board Diagnostics II (OBD II) began in January 2003, 
becoming mandatory in 2005. This replaces the initial OBD system. This 
revision reflects the revised program approved by EPA.

Section K--Waivers and Compliance Enforcement

    Minimum expenditure for repairing a failing vehicle in order to 
receive a waiver in the enhanced area has been increased from $75 to 
$200 for 1971-1980 vehicles and $200 to $450 for 1981 and newer 
vehicles. The program description is revised to describe this change.

Section M--Quality Assurance

    More detail is given on the requirements of conducting an overt 
audit. This revision describes the previously approved regulatory 
amendment.

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 technical 
support document which is part of this document, the revision meets the 
substantive SIP requirements of the CAA, including section 110 and 
implementing regulations and including 40 CFR part 51, subpart S, 
Inspection and Maintenance Program Requirements.

What Action Is EPA Taking?

    The EPA is approving the non-regulatory SIP revisions and we are 
processing this action as a direct final action because the revisions 
make routine changes to a non-regulatory portion of the SIP which are 
noncontroversial. 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.

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 a state submission 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

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rule approves pre-existing provisions 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).
    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 
submission describing implementation of 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 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 July 12, 2004. 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 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.

    Dated: April 16, 2004.
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, the table in paragraph (e) is amended by adding an 
entry at the end of the table to read as follows:


Sec.  52.1320  Identification of Plan.

* * * * *
    (e) * * *

                                                   EPA-Approved Missouri Nonregulatory SIP Provisions
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                                        Applicable geographic or     State submittal
 Name of nonregulatory SIP provision       nonattainment area             date                      EPA approval date                    Explanation
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                                                                      * * * * * * *
Vehicle I/M Program.................  St. Louis...................           10/1/03  05/13/04 [FR page citation].                  ....................
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[FR Doc. 04-10874 Filed 5-12-04; 8:45 am]
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