[Federal Register Volume 64, Number 243 (Monday, December 20, 1999)]
[Rules and Regulations]
[Pages 71038-71041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31964]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[MO 082-1082; FRL-6506-2]
Approval and Promulgation of Implementation Plans and State
Operating Permits Programs; State of Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is announcing the final approval of the Missouri
``Definitions and Common Reference Tables'' rule and certain portions
of the Missouri ``Operating Permits'' rule as revisions to the Missouri
State Implementation Plan (SIP) and as revisions to the State operating
permits program. These revisions clarify the Missouri rules, update the
rules for consistency with Federal regulations and other state rules,
and are consistent with EPA guidance.
EFFECTIVE DATE: This rule will be effective January 19, 2000.
ADDRESSES: Copies of the state submittal(s) are available at the
following addresses for inspection during normal business hours:
Environmental Protection Agency, Air Planning and Development Branch,
901 North 5th Street, Kansas City, Kansas 66101; and the Environmental
Protection Agency, Air and Radiation Docket and Information Center, Air
Docket (6102), 401 M Street, SW, Washington, D.C. 20460.
FOR FURTHER INFORMATION CONTACT: Kim Johnson, Environmental Protection
Agency, Air Planning and Development Branch, 901 North 5th Street,
Kansas City, Kansas 66101. (913) 551-7975.
SUPPLEMENTARY INFORMATION:
Background
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 (PM), and sulfur dioxide.
Each state must submit these regulations and control strategies to
EPA for approval and incorporation into the Federally enforceable SIP.
The CAA requires each state to have a Federally approved SIP which
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 EPA for inclusion into the SIP. EPA 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
EPA.
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 but
are ``incorporated by reference,'' which means that EPA has 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,
EPA is authorized to take enforcement action against violators.
Citizens are also offered legal recourse to address violators as
described in 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 EPA's 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 particulate matter
less than 10 microns in diameter (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 EPA approval.
What are the Changes That EPA is Approving?
The revisions include changes to the definitions Rule 10 CSR 10-
6.020 which: (1) Add a de minimis emission level for municipal solid
waste landfills (any source which has emissions below this de minimis
level is not required to obtain a new source permit), (2) remove
caprolactam from the list of HAPs, and (3) revise the PM and
PM10 definitions. These changes are all consistent with
Federal regulations and EPA guidance.
The changes to the operating permits Rule 10 CSR 10-6.065 include
revising the exemption for grain-handling facilities by including an
exemption from Part 70 permitting requirements for country grain
elevators. Also included are operating permit rule updates to make the
exemptions consistent with the Missouri construction permits rule
requirements, 10 CSR 10-6.060. For example, the sand and gravel
operations exemption is revised to include
[[Page 71039]]
operations with a production rate of less than 17.5 tons per hour
instead of 150,000 tons per year. These changes are consistent with EPA
guidance and add consistency between the applicable rules which reduces
confusion.
No comments were received in response to the public comment period
regarding this rule action.
For more background information, the reader is referred to the
proposal for this rulemaking published on April 6, 1999, at 64 FR
16659.
What Action is EPA Taking?
EPA is taking final action to approve, as an amendment to the SIP
and the Part 70 program, the revisions to Missouri Rules 10 CSR 10-
6.020, ``Definitions and Common Reference Tables,'' and 10 CSR 10-
6.065, ``Operating Permits.'' These revisions clarify the Missouri
rules, update the rules for consistency with Federal regulations and
other state rules, and are consistent with EPA guidance.
EPA also notes that Sections (4)(A), (4)(B), and (4)(H) of Missouri
Rule 10 CSR 10-6.065 are part of the basic operating permit program and
are not part of the SIP or Part 70 program and will not be acted on in
this rulemaking. Section (6) of Missouri Rule 10 CSR 10-6.065 is the
Missouri Part 70 program and is not part of the SIP. The rationale for
this action is described in more detail in the April 6, 1999, proposal.
Final Action
EPA is taking final action to approve, as an amendment to the
Federally approved SIP and the Part 70 program, the revisions to
Missouri Rules 10 CSR 10-6.020, ``Definitions and Common Reference
Tables,'' and 10 CSR 10-6.065, ``Operating Permits,'' except
Subsections (4)(A), (4)(B), and (4)(H) effective on April 30, 1998.
Section (6) of Rule 10 CSR 10-6.065 contains provisions pertaining only
to Missouri's Part 70 permit program, and therefore Section (6) is
approved as a revision to Part 70 but not as a revision to the Missouri
SIP.
Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866 entitled ``Regulatory
Planning and Review.''
B. Executive Order on Federalism
Under Executive Order 12875, EPA may not issue a regulation that is
not required by statute and that creates a mandate upon a state, local,
or tribal government, unless the Federal Government provides the funds
necessary to pay the direct compliance costs incurred by those
governments. If the mandate is unfunded, EPA must provide to the Office
of Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected state, local, and tribal
governments, the nature of their concerns, copies of written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, Executive Order 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of state, local, and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
Today's rule does not create a mandate on state, local or tribal
governments. The rule does not impose any enforceable duties on these
entities. Accordingly, the requirements of section 1(a) of Executive
Order 12875 do not apply to this rule.
On August 4, 1999, President Clinton issued a new Executive Order
on federalism, Executive Order 13132 [64 FR 43255 (August 10, 1999)],
which will take effect on November 2, 1999. In the interim, the current
Executive Order 12612 [52 FR 41685 (October 30, 1987)] on federalism
still applies. This rule will not have a substantial direct effect on
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 12612,
because it merely approves preexisting state requirements. The rule
affects only one state, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act (CAA).
C. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997) applies to any rule that: (1) Is
determined to be ``economically significant'' as defined under
Executive Order 12866, and (2) concerns an environmental health or
safety risk that EPA has reason to believe may have a disproportionate
effect on children. If the regulatory action meets both criteria, the
Agency must evaluate the environmental health or safety effects of the
planned rule on children, and explain why the planned regulation is
preferable to other potentially effective and reasonably feasible
alternatives considered by the Agency.
This rule is not subject to Executive Order 13045 because it is not
an economically significant regulatory action as defined by Executive
Order 12866, and it does not establish a further health or risk-based
standard because it approves provisions which implement a previously
promulgated health or safety-based standard.
D. Executive Order 13084
Under Executive Order 13084, Consultation and Coordination with
Indian Tribal Governments, EPA may not issue a regulation that is not
required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
Government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, Executive Order 13084
requires EPA to provide to the OMB, in a separately identified section
of the preamble to the rule, a description of the extent of EPA's prior
consultation with representatives of affected tribal governments, a
summary of the nature of their concerns, and a statement supporting the
need to issue the regulation. In addition, Executive Order 13084
requires EPA to develop an effective process permitting elected
officials and other representatives of Indian tribal governments ``to
provide meaningful and timely input in the development of regulatory
policies on matters that significantly or uniquely affect their
communities.''
Today's rule does not significantly or uniquely affect the
communities of Indian tribal governments. Accordingly, the requirements
of Section 3(b) of Executive Order 13084 do not apply to this rule.
E. Regulatory Flexibility Act (RFA)
The RFA 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
because 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. Therefore, I
[[Page 71040]]
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
flexibility analysis would constitute Federal inquiry into the economic
reasonableness of state action. The CAA forbids EPA to base its actions
concerning SIPs on such grounds. Union Electric Co. v. U.S. EPA, 427
U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
F. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
annual costs to state, local, or tribal governments in the aggregate,
or to private sector, of $100 million or more. Under Section 205, 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 EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated annual 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.
G. 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. EPA will submit a report containing this rule and other
required information to the United States Senate, the United States
House of Representatives, and the United States Comptroller General
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).
H. 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 February 18, 2000. 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. 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,
Hydrocarbons, Intergovernmental relations, Lead, Nitrogen dioxide,
Ozone, Particulate matter, Reporting and recordkeeping requirements,
Sulfur oxides, Volatile organic compounds.
40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: November 29, 1999.
William Rice,
Acting Regional Administrator, Region VII.
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. In Sec. 52.1320, in paragraph (c), the following entries in the
table under the heading for Chapter 6 are revised to read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) EPA-approved regulations.
EPA-Approved Missouri Regulations
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State
Missouri Title effective EPA approval date Explanation
citation date
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Missouri Department of Natural Resources
* * * * * *
*
Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
Regulations for the State of Missouri
* * * * * *
*
010-6.020 Definitions and 4/30/98 December 20, 1999.........
Common Reference [FR 71037]................
Tables.
* * * * * *
*
10-6.065 Operating Permits.... 4/30/98 December 20, 1999......... The state rule has Sections (4)(A),
[FR 71037]................ (4)(B), and (4)(H) which are part
of the basic state operating
permits and not approved into the
SIP. Section (6) contains
provisions pertaining only to
Missouri's Part 70 program and is
not approved as a revision to the
SIP.
* * * * * *
*
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[[Page 71041]]
PART 70--[AMENDED]
1. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
2. Appendix A to part 70 is amended by adding paragraph (d) to the
entry for Missouri to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permit Programs
* * * * *
Missouri
* * * * *
(d) The Missouri Department of Natural Resources submitted on
May 28, 1998, revisions to Missouri Rules 10 CSR 10-6.020,
``Definitions and Common Reference Tables,'' and 10 CSR 10-6.065,
``Operating Permits.'' Effective date was April 30, 1998.
* * * * *
[FR Doc. 99-31964 Filed 12-17-99; 8:45 am]
BILLING CODE 6560-50-P
