[Federal Register Volume 74, Number 248 (Tuesday, December 29, 2009)]
[Rules and Regulations]
[Pages 68689-68692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30774]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2008-0787; FRL-9096-4]


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 approving a revision to the State Implementation Plan 
(SIP) submitted by the state of Missouri. This revision applies to 
Missouri's rule relating to restriction of emission of visible air 
contaminants and removes redundant definitions, removes an outdated 
exemption for incinerators used to burn refuse in the outstate area, 
and clarifies that the test methods stated in the rule shall be used to 
determine the opacity of visible emissions. EPA is not taking action on 
the state submitted revisions relating to open burning, as these 
provisions revise a rule that has not been adopted into the SIP. 
Approval of this revision will ensure consistency between the state and 
the Federally approved rules.

DATES: This direct final rule will be effective March 1, 2010, without 
further notice, unless EPA receives adverse comment by January 28, 
2010. 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-2008-0787, 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: Lachala Kemp, 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 Lachala Kemp, 
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-
2008-0787. 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, 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 a.m. to 4:30 p.m. 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: Lachala Kemp at (913) 551-7214, 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 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.

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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 September 16, 2008, EPA received a request from the Missouri 
Department of Natural Resources to approve revisions to the SIP 
amending 10 CSR 10-6.220, ``Restriction of Emission of Visible Air 
Contaminants,'' sections (1) Applicability, (2) Definitions, (3) 
General Provisions, and (4) Test Methods.
    In general, these revisions relate to provisions of the state rule 
incorporating various Federal rules by reference. The revisions add 
dates to clarify the version of the incorporated Federal rules 
referenced in the state rules.
    Subsection (1)(H), in the applicability section, exempts from the 
SIP visible emissions requirements sources which are subject to the new 
source performance standards promulgated by EPA and incorporated by 
reference into the state rule. The subsection is amended to provide 
specific references to the Federal rule (40 CFR part 60, promulgated as 
of July 1, 2007).
    Subsection (1)(I), in the applicability section, is not being acted 
on. This subsection exempts from the visible emissions requirements 
certain activities exempted from Missouri's open burning rule. The open 
burning rule, 10 CSR 10-6.045, has not been submitted by Missouri for 
approval into the state's implementation plan. Therefore, EPA is not 
taking action at this time to approve this revision in the SIP.
    Subsection (1)(J), in the applicability section, is being removed 
from the SIP. This subsection exempted from the rule incinerators used 
to burn refuse in the outstate areas of Missouri. EPA has determined 
that elimination of this exemption strengthens the SIP.
    In section 2, ``Definitions,'' the definitions of ``opacity'' and 
``outstate area'' were removed. These definitions were either no longer 
applicable or more clearly defined in other rules. The definition of 
``six-minute period,'' applicable to sources using continuous opacity 
monitoring data, was revised to specify the applicable Federal rule (40 
CFR part 60, App. B) which is incorporated by reference in the state 
definition.
    In General Provisions, (3)(F) was revised to reflect that all 
sources subject to the rule, including those required to have 
continuous opacity monitors, are subject to the testing requirements in 
section 5 of 10 CSR 10-6.220.
    Missouri's reference to test method 203A--Visual Determination of 
Opacity of Emissions from Stationary Sources for Time-Averaged 
Regulations, was revised in (5)(A)2 to update the reference to Federal 
test methods. The reference to test method 203B--Visual Determination 
of Opacity of Emissions from Stationary Sources for Time-Exception 
Regulations, (5)(A)3., was revised to reference the Federal methods 
promulgated as of July 1, 2007.
    Subsections (5)(B), ``Emissions from Mobile Internal Combustion 
Engines,'' and (5)(C), ``Fugitive Emissions from Material Sources, 
Smoke Emissions from Flares and as Required by Permit Condition,'' were 
revised to specify that Missouri is incorporating applicable EPA test 
methods promulgated as of July 1, 2007 (Method 22, 40 CFR part 60, App. 
A). EPA has determined that these rule updates do not substantively 
change the stringency of the SIP.

Have the requirements for approval of a SIP revision been met?

    The submittal satisfied the completeness criteria of 40 CFR part 
51, appendix V. In addition, the state submittal has met the public 
notice requirements for SIP submission in accordance with 40 CFR 
51.102. The revisions are not substantive changes to the existing SIP, 
but merely clarify existing requirements. Therefore the revisions 
continue to meet the substantive SIP requirements of the CAA, including 
section 110.

What action is EPA taking?

    We are approving the request to revise the Missouri SIP (10 CSR 10-
6.220) as described above. We are not acting on the revision exempting 
sources which are exempt from the open burning rule, as described 
above. This revision will ensure consistency between the state and the 
Federally-approved rules. We have determined that these changes will 
not relax the SIP or adversely impact air quality.
    We are processing this action as a direct final action because the 
revisions make routine changes to the existing rules which are 
noncontroversial, and they do not contain substantive changes. 
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 the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

[[Page 68691]]

     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    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 action 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 March 1, 2010. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the final 
rulemaking. 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: December 15, 2009.
William Rice,
Acting Regional Administrator, Region 7.

0
40 CFR part 52 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 ``10-6.220'' to read as follows:


Sec.  52.1320  Identification of plan.

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    (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 Entire State of Missouri
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                                                                      * * * * * * *
10-6.220..........................  Restriction of Emission of           9/30/08  12/29/09 [insert FR page number     Subsection (1)(I) referring to the
                                     Visible Air Contaminants.                     where the document begins].         open burning rule, 10 CSR 10-
                                                                                                                       6.045, is not SIP approved.
 
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[FR Doc. E9-30774 Filed 12-28-09; 8:45 am]
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