[Federal Register Volume 63, Number 130 (Wednesday, July 8, 1998)]
[Rules and Regulations]
[Pages 36852-36854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17973]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MO 049-1049a; FRL-6118-3]
Approval and Promulgation of Implementation Plans; State of
Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: This final action approves revised Missouri rule 10 CSR 10-
6.030 as a revision to the Missouri State Implementation Plan (SIP).
This rule revision was submitted by the state of Missouri to
incorporate the most current EPA guidance on capture efficiency methods
for volatile organic compound emission control systems.
DATES: This direct final rule is effective on September 8, 1998 without
further notice, unless the EPA receives adverse comment by August 7,
1998. If adverse comment is received, the EPA will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: Comments may be mailed to Kim Johnson, Environmental
Protection Agency, Air Planning and Development Branch, 726 Minnesota
Avenue, Kansas City, Kansas 66101. Copies of the documents relevant to
this action are available for public inspection during normal business
hours at the: Environmental Protection Agency, Air Planning and
Development Branch, 726 Minnesota Avenue, Kansas City, Kansas 66101;
and the EPA Air & Radiation Docket and Information Center, 401 M
Street, SW, Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Kim Johnson at (913) 551-7975.
SUPPLEMENTARY INFORMATION: This revision to Missouri rule 10 CSR 10-
6.030 incorporates capture efficiency methods as identified in the
EPA's February 7, 1995, memorandum entitled, ``Revised Capture
Efficiency Guidance for Control of Volatile Organic
[[Page 36853]]
Compound Emissions,'' and the EPA's January 9, 1994, technical document
entitled, ``Guidelines for Determining Capture Efficiency.'' Capture
efficiency is the measure of the fraction of all organic vapors
generated by a process that are directed to an abatement or recovery
device. Capture efficiency and destruction efficiency need to be
determined in order to calculate the overall control efficiency of any
control device.
The EPA's Revised Capture Efficiency Guidance Document is the
result of a 12-month EPA study of alternatives with potential to reduce
capture efficiency testing costs. This guidance document reduces costs
by recommending protocols, presenting criteria by which alternative
procedures can be approved, and establishing the reporting requirements
for using alternative procedures. Guidelines are also included for
selecting and testing representative process lines at a facility and
for testing multiple lines in combination.
This rule amendment also incorporates specific methods to determine
capture efficiency for automobile and light-duty truck topcoat
operations entitled, ``Protocol for Determining the Daily Volatile
Organic Compound Emission Rate of Automobile and Light-Duty Truck
Topcoat Operations,'' as amended by Section 23-Determining Spraybooth
VOC Capture Efficiency dated March 8, 1996.
I. Final Action
The EPA is taking final action to approve as a revision to the SIP
the amendment to rule 10 CSR 10-6.030, ``Sampling Methods for Air
Pollution Sources,'' submitted by the state of Missouri on December 17,
1996.
The EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, the EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will be effective
September 8, 1998 without further notice unless the Agency receives
relevant adverse comments by August 7, 1998.
If the EPA receives such comments, then the EPA will publish a
document withdrawing the final rule and informing the public that the
rule did not take effect. All public comments received will then be
addressed in a subsequent final rule based on the proposed rule. The
EPA will not institute a second comment period on the proposed rule.
Only parties interested in commenting on the proposed rule should do so
at this time. If no such comments are received, the public is advised
that this rule will be effective on September 8, 1998 and no further
action will be taken on the proposed rule.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to the SIP shall be
considered separately in light of specific technical, economic, and
environmental factors, and in relation to relevant statutory and
regulatory requirements.
II. Administrative Requirements
A. Executive Orders 12866 and 13045
The Office of Management and Budget has exempted this regulatory
action from Executive Order 12866 review.
The final rule is not subject to Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks,'' because it is not an ``economically significant'' action under
Executive Order 12866.
B. Regulatory Flexibility
The Regulatory Flexibility Act generally requires an agency to
conduct a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements unless the agency certifies that
the rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small not-for-profit enterprises, and small governmental jurisdictions.
This final rule will not have a significant impact on a substantial
number of small entities.
SIP approvals under section 110 and subchapter I, Part D of the
Clean Air Act (CAA) do not create any new requirements but simply
approve requirements that the state is already imposing. Therefore,
because the Federal SIP approval does not create any new requirements,
I certify that this action will not have a significant economic impact
on a substantial number of small entities. Moreover, due to the nature
of the Federal-state relationship under the CAA, preparation of a
flexibility analysis would constitute Federal inquiry into the economic
reasonableness of state action. The CAA forbids the EPA to base its
actions concerning SIPs on such grounds (Union Electric Co. v. U.S.
E.P.A., 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2)).
C. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to state, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, the EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires the EPA to establish a
plan for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
The EPA has determined that the approval action promulgated does
not include a Federal mandate that may result in estimated costs of
$100 million or more to either state, local, or tribal governments in
the aggregate, or to the private sector. This Federal action approves
preexisting requirements under state or local law, and imposes no new
requirements. Accordingly, no additional costs to state, local, or
tribal governments, or to the private sector, result from this action.
D. Submission to Congress and the Comptroller General
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. The 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. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
E. Petitions for Judicial Review
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 September 8, 1998. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the
[[Page 36854]]
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, Incorporation by
reference, Reporting and recordkeeping requirements, Volatile organic
compounds.
Dated: June 12, 1998.
William Rice,
Acting Regional Administrator, Region VII.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart AA--Missouri
2. Section 52.1320 is amended by adding paragraph (c)(106) to read
as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
(106) On December 17, 1996, the Missouri Department of Natural
Resources submitted a revised rule pertaining to capture efficiency.
(i) Incorporation by reference.
(A) Revised regulation 10 CSR 10-6.030 entitled, ``Sampling Methods
for Air Pollution Sources,'' effective November 30, 1996.
[FR Doc. 98-17973 Filed 7-7-98; 8:45 am]
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