[Federal Register Volume 62, Number 196 (Thursday, October 9, 1997)]
[Rules and Regulations]
[Pages 52659-52661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26529]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MO 027-1027; FRL-5891-2]
Approval and Promulgation of Implementation Plans; State of
Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final conditional rule.
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SUMMARY: The EPA is taking final action to conditionally approve the
State Implementation Plan (SIP) revision concerning Missouri Rule 10
CSR 10-2.330, Control of Gasoline Reid Vapor Pressure, submitted by the
Missouri Department of Natural Resources (MDNR). This revision sets a
summertime gasoline Reid vapor pressure (RVP) limit of 7.2 pounds per
square inch (psi), and 8.2 psi for gasoline containing at least 9.0
percent by volume but not more than 10.0 percent by volume ethanol, for
gasoline distributed in Clay, Platte, and Jackson Counties in Missouri.
This revision is necessary to ensure that the area continues to
maintain the National Ambient Air Quality Standard (NAAQS) for ozone.
DATES: This rule is effective on November 10, 1997.
ADDRESSES: 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.
FOR FURTHER INFORMATION CONTACT: Stan Walker at (913) 551-7494.
SUPPLEMENTARY INFORMATION: On March 24, 1997 (62 FR 13846) the EPA
proposed approval of the SIP revision concerning Missouri Rule 10 CSR
10-2.330, Control of Gasoline Reid Vapor Pressure, submitted by MDNR.
This revision, which limits the RVP of gasoline sold in the Missouri
portion of the Kansas City metropolitan area, is necessary to help the
Kansas City area maintain the NAAQS for ozone. In accord with section
211(c)(4)(C), the EPA is able to approve this fuel control measure
because the state of Missouri demonstrated that the measure is
necessary to achieve the national primary and secondary ambient air
quality standard. The EPA also approves the state fuel requirement as
necessary because no other measures would bring about timely
attainment, or if other measures exist, they are unreasonable or
impracticable.
[[Page 52660]]
The state emergency rule was adopted and approved by the Missouri
Air Conservation Commission (MACC) after proper public notice and
hearing procedures. The emergency rule became effective on May 1, 1997,
and expires on October 27, 1997. The state's permanent rule has
undergone proper public notice and hearing and was adopted at the June
26, 1997, public hearing by the MACC, and will become effective in
October 1997.
The EPA proposed approval of the state's permanent rule using
parallel processing procedures. Under this procedure, the EPA proposed
to approve the Missouri rule based on adoption of a final rule. The EPA
received no comments on its proposed approval. The state has completed
its rule adoption procedures for the permanent rule; however, the
emergency rule will remain in effect until October 27, 1997. Full
approval is contingent upon Missouri submitting the permanent rule by
November 30, 1997.
For additional background on this action and the EPA's detailed
rationale for approval, please refer to the technical support document
of the aforementioned notice of proposed rulemaking (62 FR 13846).
I. Final Action
The EPA is taking final action to conditionally approve the SIP
revision concerning Missouri Rule 10 CSR 10-2.330, Control of Gasoline
Reid Vapor Pressure, submitted by MDNR.
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.
Full approval is contingent upon Missouri completing its rule
adoption procedures prior to expiration of the emergency rule, and
submitting the permanent rule by November 30, 1997.
If the conditional approval is converted to a disapproval under
section 110(k), based on the state's failure to meet the commitment, it
will not affect any existing state requirements applicable to small
entities. The EPA's disapproval of the submittal does not impose a new
Federal requirement. Therefore, the EPA certifies that this disapproval
action does not have a significant impact on a substantial number of
small entities, because it does not substitute a new Federal
requirement.
II. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget has exempted this regulatory
action from Executive Order 12866 review.
B. Regulatory Flexibility Act
SIP approvals under section 110 and subchapter I, part D of the CAA
do not create any new requirements but simply approve requirements that
the state is already imposing.
This Federal action authorizes and approves into the Missouri SIP
requirement previously adopted by the state, and imposes no new
requirements. Therefore, the Administrator certifies that it does not
have a significant impact on any small entities affected. Moreover, due
to the nature of the Federal-state relationship under the CAA,
preparation of a regulatory 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, 256-66 (S.Ct. 1976);
42 U.S.C. 7410(a)(2)).
C. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995,
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 private sector, of $100
million or more in any one year. 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 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 authorizes and approves into
the Missouri SIP requirements previously adopted by the state, 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 General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, the EPA submitted 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
General Accounting Office prior to publication of this rule in today's
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 December 8, 1997. 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,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: August 25, 1997.
William Rice,
Acting Regional Administrator.
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. 7401-7671q.
Subpart AA--Missouri
2. Section 52.1320 is amended by adding paragraph (c)(98) to read
as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
(98) Revision to the Missouri SIP submitted by the Missouri
Department of Natural Resources on July 14, 1997.
(i) Incorporation by reference.
[[Page 52661]]
(A) Missouri Emergency Rule, 10 CSR 10-2.330, Control of Gasoline
Reid Vapor Pressure, effective May 1, 1997, and expires October 27,
1997.
* * * * *
3. Section 52.1323 is amended by adding paragraph (l) to read as
follows:
Sec. 52.1323 Approval status.
* * * * *
(l) The Administrator conditionally approves Missouri emergency
rule 10 CSR 10-2.330 under Sec. 52.1320(c)(98). Full approval is
contingent on the state submitting the permanent rule, to the EPA, by
November 30, 1997.
[FR Doc. 97-26529 Filed 10-8-97; 8:45 am]
BILLING CODE 6560-50-U
