[Federal Register Volume 71, Number 232 (Monday, December 4, 2006)]
[Rules and Regulations]
[Pages 70315-70318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20436]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2006-0883; FRL-8251-2]


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 approving a State Implementation Plan (SIP) revision 
submitted by the state of Missouri for the inclusion of revisions to 
the Construction Permit Exemptions rule. The Construction Permit 
Exemptions rule lists specific construction or modification projects 
that are not required to obtain permits under the Construction Permits 
Required rule. Revisions to this rule include updating the 
insignificance levels, adding a new exemption for manufacturing 
operations (which produce insignificant emissions), clarifying the 
grain handling facilities exemption, and restructuring of the record 
keeping portion of the rule. Missouri developed the revisions to this 
rule under two separate state rulemaking processes.

DATES: This direct final rule will be effective February 2, 2007, 
without further notice, unless EPA receives adverse comment by January 
3, 2007. 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 Docket ID No. EPA-R07-
OAR-2006-0883, by one of the following methods:
    1. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    2. E-mail: [email protected].
    3. Mail: Amy Algoe-Eakin, Environmental Protection Agency, Air 
Planning and Development Branch, 901 North 5th Street, Kansas City, 
Kansas 66101.
    4. Hand Delivery or Courier: Deliver your comments to Amy Algoe-
Eakin, Environmental Protection Agency, Air Planning and Development 
Branch, 901 North 5th Street, Kansas City, Kansas 66101.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2006-0883. 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://www.regulations.gov, 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 through http://www.regulations.gov or e-mail information that you consider to be CBI 
or otherwise protected. The http://www.regulations.gov Web site is an 
``anonymous access'' system, 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 http://www.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 
http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute.

[[Page 70316]]

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 http://www.regulations.gov 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: Amy Algoe-Eakin at (913) 551-7942, 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?

    On April 6, 2005, and July 24, 2006, Missouri requested that EPA 
approve revisions to the SIP to include revisions to the Construction 
Permit Exemptions rule, 10 CSR 10-6.061. The Construction Permit 
Exemptions rule lists specific construction or modification projects 
that are not required to obtain permits under the Construction Permits 
Required rule. The intent of the Construction Permit Exemptions rule is 
to exempt minor and/or de minimis sources from permitting requirements. 
Sources which would emit at or above major source levels are not 
eligible for the exemptions.
    Missouri made four revisions to this rule. The revisions to the 
Construction Permit Exemptions rule include (1) revising subparagraph 
(3)(A)2.E., (2) adding subparagraph (3)(A)2.DD., (3) revising 
subsection(3)(A)3., and (4) restructuring section (4) of this rule.
    One of the revisions includes revising subparagraph (3)(A)2.E.,the 
grain handling, storage, and drying facilities exemption. Missouri 
added the word ``commercial'' into this subsection, which clarifies 
which grain handling facilities are exempt from construction permits.
    Another revision includes Missouri adding subparagraph (3)(A)2.DD. 
to include a new exemption for ``carving, cutting, routing, turning, 
drilling, machining, sawing, sanding, planing, buffing, or polishing 
solid materials, other than materials containing any asbestos, 
beryllium or lead greater than one percent by weight as determined by 
Material Safety Data Sheets, vendor material specifications, and/or 
purchase order specifications with specific operating parameters for 
equipment.'' Missouri states that the inclusion of this exemption will 
not have a negative impact on air quality and included this exemption 
in the technical analysis which demonstrates that the significant 
revisions to this rule do not negatively impact air quality.
    For revisions to subparagraph(3)(A)3., Missouri revised the 
insignificant emission exemption levels. Missouri regulations exempt 
installations from the requirement to obtain a construction permit if 
emissions of criteria pollutants (except lead) from the proposed 
construction or modification are below a significance level. For the 
non-lead criteria pollutants, the state retained the 876 pounds per 
year level, except for volatile organic compounds (VOCs), which was 
raised to 4,000 pounds per year. The state also increases the short-
term limit from 0.5 pounds per hour for all pollutants to 1.0 pound for 
PM10, 2.75 pounds for sulfur oxides (SOX), 
nitrogen oxides (NOX), and VOCs, and 6.88 pounds for carbon 
monoxide (CO). Missouri evaluated the significance levels and conducted 
an analysis which assumed emissions below these de minimis levels and 
average emission stack parameters collected from Missouri's Emission 
Inventory Questionnaire data and modeling software. Missouri evaluated 
the results in light of the ambient air quality standards and concluded 
that raising existing insignificance levels will not result in a 
significant negative impact on air quality. Missouri also included the 
new exemption in subparagraph (3)(A)2.DD. in this analysis. In 
addition, the construction permit exemption rule specifies that the 
MDNR Air Pollution Control Program director has the discretion to 
require review if the construction or modification will

[[Page 70317]]

appreciably affect air quality or exceed air quality standards or 
complaints involving air pollution have been filed in the vicinity of 
the proposed construction of modification. Missouri can use this 
authority if a specific source might have air quality impacts of 
concern.
    The final revision to this rule is the addition of language to 
Section (4), ``Reporting and Record Keeping''. This revision moves the 
recording keeping provisions from subsection (3)(A)3.E. to Section (4).

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

What action is EPA taking?

    We are approving Missouri's revisions to the Construction Permit 
Exemptions rule, 10 CSR 10-6.061, with the exception of the livestock 
markets and livestock operations exemption, Section (3)(A)2.D., which 
was withdrawn in an October 25, 2005, request by the state of Missouri.
    We are processing this action as a direct final action because the 
revisions make routine changes to the existing rules 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 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 (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 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 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 February 2, 2007. 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: November 17, 2006.
John B. Askew,
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 10-6.061 to read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (c) * * *

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                                        EPA-Approved Missouri Regulations
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                                                       State
   Missouri  citation              Title          effective date     EPA approval date          Explanation
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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
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                                                  * * * * * * *
10-6.061................  Construction Permit            7/30/06  12/4/06 [insert FR      Section (3)(A)2.D. is
                           Exemptions.                             page number where the   not included in the
                                                                   document begins].       SIP.
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[FR Doc. E6-20436 Filed 12-1-06; 8:45 am]
BILLING CODE 6560-50-P