[Federal Register Volume 76, Number 15 (Monday, January 24, 2011)]
[Rules and Regulations]
[Pages 4076-4078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-229]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2010-0176; FRL-9248-6]


Approval and Promulgation of Implementation Plan 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 
Missouri's State Implementation Plan (SIP) and Operating Permits 
Program. EPA is approving the rescission of initial compliance dates in 
the Missouri SIP. These requirements were established more than thirty 
years ago and are obsolete. EPA is also approving revisions to the 
Operating Permits Program to change the reporting threshold for small 
sources and remove references to the requirement to annually set the 
emission fee. Approval of these revisions will ensure consistency 
between the State and the Federally-approved rules.

DATES: This direct final rule will be effective March 25, 2011, without 
further notice, unless EPA receives adverse comment by February 23, 
2011. 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-2010-0176, 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: Chrissy Wolfersberger, 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-
2010-0176. 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 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: Chrissy Wolfersberger at (913) 551-
7864, or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' refer to EPA. This section provides

[[Page 4077]]

additional information by addressing the following questions:

What is being addressed in this document?

What action is EPA taking?

What is being addressed in this document?

    EPA is approving revisions to the Missouri SIP and Operating 
Permits Program. Revisions to the Missouri SIP rescind three rules 
related to the time schedule for initial compliance for sources 
existing at the time of promulgation of the original rules. The purpose 
of these rules was to establish compliance schedules for sources that 
were in operation more than 30 years ago. (For example, 10 CSR 10-5.250 
required existing sources to comply with emissions limitation no later 
than January 31, 1973, if they emitted sulfur dioxide from the use of 
fuel.) These rules are identified in the approved SIP as 10 CSR 10-
2.150, 4.140, and 5.250, applicable to the Kansas City, Springfield, 
and St. Louis areas. These rules are obsolete and no longer needed, as 
compliance dates are contained in other State rules, or, if there is no 
date specified, is the effective date of the rule. Removing them does 
not adversely affect the stringency of the SIP. EPA is approving 
Missouri's request to remove the corresponding Federally-approved rules 
from the Missouri SIP.
    EPA is also approving revisions to the Operating Permits Program 
(10 CSR 10-6.110). One revision changes the reporting threshold for 
small sources, so that small sources are allowed to fill out a short 
emissions form instead of a long form if they increase or decrease 
emissions under a certain threshold. The threshold would change from an 
increase of 20 percent of emissions from the prior year to 5 tons from 
the prior year. Sources with small baseline emissions might have 
substantial percentage increases, but very small tonnage increases. 
This revision allows small sources to continue to report emissions 
using a shorter form. The second revision removes references to the 
requirement to annually set the emission fee, because the Missouri 
statute does not require an annual fee adjustment unless determined 
necessary by the Air Conservation Commission.

What action is EPA taking?

    EPA is approving the request to amend the Missouri SIP by removing 
three rules related to the time schedule for compliance and approving 
the request to amend the operating permits program by changing the 
reporting threshold for small sources and removing references to the 
requirement to annually set the emission fee.
    Approval of these revisions will ensure consistency between State 
and Federally-approved rules. EPA has determined that these changes 
will not relax the SIP or adversely impact air emissions.
    We are processing this action as a direct final action because the 
revisions make routine changes to the existing rules which are 
noncontroversial and make regulatory revisions, required by State 
statute. 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.);
     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 CAA; 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 25, 2011. 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 proposed 
rulemaking. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

[[Page 4078]]

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Volatile organic compounds.

40 CFR Part 70

    Administrative practice and procedure, Air pollution control, 
Intergovernmental relations, Operating permits, Reporting and 
recordkeeping requirements.

    Dated: December 27, 2010.
Karl Brooks,
Regional Administrator, Region 7.
    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 by revising the entries 
under Chapter 2 for ``10-2.150,'' under Chapter 4 for ``10-4.140,'' and 
under Chapter 5 for ``10-5.250''. The amended table reads as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Missouri Regulations
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                                                  State effective
   Missouri  citation             Title                date           EPA approval date         Explanation
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                                    Missouri Department of Natural Resources
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                                                  * * * * * * *
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  Chapter 2--Air Quality Standards and Air Pollution Control Regulations for the Kansas City Metropolitan Area
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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10-2.150...............  Time Schedule for             12/30/2008  1/24/11 [insert FR      The State has
                          Compliance.                               page number where the   rescinded this rule.
                                                                    document begins].
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                                                  * * * * * * *
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    Chapter 4--Air Quality Standards and Air Pollution Control Regulations for Springfield-Greene County Area
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
10-4.140...............  Time Schedule for             12/30/2008  1/24/11 [insert FR      The State has
                          Compliance.                               page number where the   rescinded this rule.
                                                                    document begins].
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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   Chapter 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
----------------------------------------------------------------------------------------------------------------
10-5.250...............  Time Schedule for             12/30/2008  1/24/11 [insert FR      The State has
                          Compliance.                               page number where the   rescinded this rule.
                                                                    document begins].
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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 (y) under 
Missouri to read as follows:

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

* * * * *
Missouri
* * * * *
    (y) 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 30, 2008; 
approval of section (3)(D) effective March 25, 2011.
* * * * *

[FR Doc. 2011-229 Filed 1-21-11; 8:45 am]
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