[Federal Register Volume 73, Number 179 (Monday, September 15, 2008)]
[Rules and Regulations]
[Pages 53137-53140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21181]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2008-0614; FRL-8713-8]


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 taking direct final action to approve a revision to the 
Missouri State Implementation Plan (SIP) and Operating Permits Program. 
EPA is approving a revision to the Missouri rule entitled ``Submission 
of Emission Data, Emission Fees, and Process Information.'' These 
revisions will establish emission fees for the Missouri facilities as 
required annually, align state rule reporting requirements with the 
Federal Consolidated Emission Reporting Rule (CERR), and decrease the 
required Emissions Inventory Questionnaire (EIQ) reporting frequency 
for affected installations.

DATES: This direct final rule will be effective November 14, 2008, 
without further notice, unless EPA receives adverse comment by October 
15, 2008. If EPA receives adverse comment, we 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-2008-0614, 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 or Hand Delivery: 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-
2008-0614. 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 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. Certain other material, such 
as copyrighted material, 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 ``we,'' ``us,'' or 
``our'' refer to 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 the Federal approval process for an Operating Permits 
Program?
What is being addressed in this document?
Have the requirements for approval of a SIP revision and a Part 70 
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

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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 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 operating permits program are also subject 
to public notice, comment, and our approval.

What is the Federal approval process for an Operating Permits Program?

    In order for state regulations to be incorporated into the 
Federally-enforceable Title V operating permits program, states must 
formally adopt regulations 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 approved operating 
permits program. 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 502 of the CAA are incorporated into the Federally-
approved operating permits program. Records of such actions are 
maintained in the CFR at Title 40, part 70, appendix A, entitled 
``Approval Status of State and Local Operating Permits Programs.''

What is being addressed in this document?

    Missouri, in its letter of December 21, 2007, requested that EPA 
approve a revision to the SIP and Title V operating permits program to 
include revisions to rule 10 CSR 10-6.110, ``Submission of Emission 
Data, Emission Fees, and Process Information.'' This rule deals with 
submittal of emissions information, emission fees, and public 
availability of emissions data. It provides procedures for collection, 
recording, and submittal of emissions data and process information on 
state-supplied Emission Inventory Questionnaire (EIQ) forms and 
Emission Statement forms so that the state can calculate emissions for 
the purpose of state air resource planning. In addition, these forms 
provide a basis for the assessment of emissions fees for the Title V 
operating permit program. The revisions were made to align state 
reporting requirements with the Federal Consolidated Emissions 
Reporting Rule (CERR), to update references in the rule, and to 
decrease the required EIQ reporting frequency for affected 
installations. Revisions to 10 CSR 10-6.110 are described in the 
following paragraphs.
    Subsection (1)(A), and paragraphs (3)(A)2, (3)(A)3, and (3)(A)4 
were revised to renumber the reference to the Reporting Frequency table 
from (3)(A)5 to (3)(A)6. This is an administrative amendment which does 
not change any substantive provisions in the rule.
    Subsection (1)(B) was revised to align state reporting requirements 
with the Federal CERR. These changes are consistent with and, in some 
cases, more stringent than the CERR. This rule was revised to clarify 
that annual reporting of volatile organic compounds, nitrous oxides and 
carbon monoxide is required in nonattainment areas. A provision was 
added that indicates any changes to the annual emissions statement form 
will be presented to the regulated community for a forty-five day 
public comment period.
    Section (2) identifies definitions and added subsections (2)(A), 
(2)(B), (2)(C), and (2)(D) to include Peak Ozone Season, CERR, 
Reporting Year, and a reference for other terms as specified in 10 CSR 
10-6.020.
    Paragraph (3)(A)3 was revised to change the due date of EIQ forms 
from ninety (90) days after the end of the reporting period, to June 1 
of each year, and to delete a redundant sentence.
    Paragraph (3)(A)4 was revised to align state reporting requirements 
with the Federal CERR by clarifying reporting thresholds for ozone 
nonattainment areas and to add the word ``pollutant.'' These changes 
are consistent with and, in some cases, more stringent than the CERR.
    Paragraphs (3)(A)6 and (3)(A)5 were renumbered. The Reporting 
Frequency table under the newly renumbered paragraph (3)(A)6 was 
modified to add separate reporting frequency requirements (every three 
years rather than annually) for installations required to obtain a 
Basic State Operating Permit under 10 CSR 10-6.065. Under Missouri's 
rules, ``basic'' sources are small sources to which EPA's reporting 
rules do not apply. Paragraphs within the reporting frequency table 
were renumbered. For sources smaller than basic sources, the reporting 
frequency was changed from five to six years. These latter sources are 
also not covered by EPA's reporting rules.
    Finally, paragraph 5 of the table was revised to clarify that 
sources of ozone precursors and carbon monoxide, in ozone nonattainment 
areas, must file annual reports if they emit 10 or more tons of any of 
these (non-major) pollutants during a peak ozone season.
    By state statute, the emission fees are set annually to fund the 
reasonable cost of administering the program. Missouri continually 
evaluates the operating permits program financial situation. Revisions 
to subsection (3)(D) address changes to the Missouri operating permits 
program.
    Paragraph (3)(D)1 was revised to increase the emissions fee from 
thirty four dollars and fifty cents ($34.50) per ton of regulated air 
pollutant to forty dollars and no cents ($40.00), to change the 
calendar year from 2006 to 2007,

[[Page 53139]]

and to update reporting criteria requirements.
    Paragraph (3)(D)2.D was revised to update and make corrections for 
the air pollutants for which the fees are not assessed. The revision 
provided a typographical revision by substituting carbon monoxide for 
carbon oxide, and also added ammonia and ``PM2.5 particulate matter'' 
emissions.
    Paragraph (3)(D)2.F replaced the phrase ``each year'' with 
``annually'' and added a reference to paragraph (3)(A)6 for required 
reporting schedules.
    The rule revisions do not change the stringency of the SIP or Title 
V program and the revisions otherwise meet the EPA requirements for 
both programs.

Have the requirements for approval of a SIP revision and a Part 70 
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, these revisions meet the 
substantive SIP requirements of the CAA, including section 110 and 
implementing regulations. These revisions are minor clarifications, 
updates, and corrections which do not affect the stringency of existing 
requirements. These revisions are also consistent with applicable EPA 
requirements in Title V of the CAA and 40 CFR part 70.

What action is EPA taking?

    We are approving revisions to the Missouri SIP and incorporating 
the revised rule 10 CSR 10-6.110, ``Submission of Emissions Data, 
Emission Fees, and Process Information.''
    We are also approving revisions to subsection 3(D)1, and paragraphs 
3(D)2.D and 3(D)2.F of this rule as program revisions to the state's 
Part 70 Operating Permits Program.
    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 approves a state rule implementing a 
Federal standard.
    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 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 November 14, 2008. 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, Operating

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permits, Reporting and recordkeeping requirements.

    Dated: September 4, 2008.
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 the table in paragraph (c) is amended by revising 
the entry for 10-6.110 to read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (c) * * *

                                        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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                                                  * * * * * * *
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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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                                                  * * * * * * *
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10-6.110...................  Submission of                12/30/07  09/15/08 [insert FR    Section (3)(D),
                              Emission Data,                         page number where      Emissions Fees, has
                              Emission Fees, and                     the document begins].  not been approved as
                              Process Information.                                          part of the SIP.
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                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

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PART 70--[AMENDED]

0
3. The authority citation for part 70 continues to read as follows:

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

Appendix A--[Amended]

0
4. Appendix A to part 70 is amended by adding paragraph (v) under 
Missouri to read as follows:

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

* * * * *

Missouri

* * * * *
    (v) The Missouri Department of Natural Resources submitted 
revisions to Missouri rule 10 CSR 10-6.110, ``Submission of Emission 
Data, Emission Fees, and Process Information'' on December 21, 2007; 
approval of section (3)(D) effective November 14, 2008.
* * * * *
[FR Doc. E8-21181 Filed 9-12-08; 8:45 am]
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