[Federal Register Volume 64, Number 243 (Monday, December 20, 1999)]
[Rules and Regulations]
[Pages 71035-71038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32375]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MO 090-1090; FRL-6508-4]
Approval and Promulgation of Implementation Plans and Part 70
Operating Permits Program; State of Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is announcing it is approving an amendment to the Missouri
State Implementation Plan (SIP). EPA is approving revisions to Missouri
rule 10 CSR 10-3.050, Restriction of Emission of Particulate Matter
From Industrial Processes. The effect of this action is to ensure
Federal enforceability of the state's air program rule revisions and to
maintain consistency between the state adopted rules and the approved
SIP.
DATES: This rule will be effective on February 18, 2000, unless EPA
receives adverse written comments by January 19, 2000. If adverse
comment is received EPA will publish a timely withdrawal of the rule in
the Federal Register and inform the public that the rule will not take
effect.
ADDRESSES: All comments should be addressed to Wayne Kaiser, Air
Planning and Development Branch, 901 North 5th Street, Kansas City,
Kansas 66101.
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, DC 20460.
FOR FURTHER INFORMATION CONTACT: Wayne Kaiser at (913) 551-7603.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we, us,
or our'' is used, we mean 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 notice?
Have the requirements for approval of a SIP revision been met?
What action are we 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 us. 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.
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 us
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
Promulgations 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
the CAA.
What Is Being Addressed in This Document?
On April 5, 1999, and September 30, 1999, we received requests from
Director of the Missouri Department of Natural Resources (MDNR) to
amend the Missouri SIP. Both requests pertained to revisions of the
Missouri air rule which regulates particulate emissions, 10 CSR
[[Page 71036]]
10-3.050, Restriction of Emission of Particulate Matter From Industrial
Processes.
In the first request, rule 10 CSR 10-3.050 was revised in two
places. First, section (3) General Provisions, paragraph (B) was
revised to change the word ``waste'' to ``fuel.'' The revised
subparagraph now reads, ``Process weight means the total weight of all
material introduced into a source operation including solid fuels, but
excluding liquids and gases used solely as fuels and * * *.'' This
change was made for clarification and to provide consistency with other
language in the rule.
The second change was to section (5), Exemptions, paragraph (B)(4).
This paragraph revised existing language pertaining to charcoal kilns
to reference a recently adopted rule, 10 CSR 10-6.330, Restriction of
Emissions From Batch-Type Charcoal Kilns, which established emission
controls for charcoal kilns. This rule was approved as a SIP revision
on December 8, 1998. Thus, this revision to rule 10-5.030 was an update
for the purpose of clarification and consistency with rule 10-6.330.
In the second case, section (5), Exemption, paragraph (B), was
amended to add new subparagraph 5. The subparagraph provides an
exemption from the particulate matter emissions rule for smoke
generating devices when a required permit or a written determination
that a permit is not required has been issued or written. The revision
has the effect of eliminating the need to issue variances for use of
smoke generating devices. These devices are used for military training
by the Fort Leonard Wood Smoke Training School.
Extensive air quality modeling was conducted by the MDNR, with
assistance from EPA, to evaluate the impact of the use of smoke
generators during training exercises at Fort Leonard Wood. The state
provided a summary of the modeling results with its SIP request. Based
on the modeling analysis, the smoke training at Fort Leonard Wood, if
operated under the requirements listed in the prevention of significant
deterioration permit, will not cause or contribute to a violation of
the national ambient air quality standards. Because the exemption from
the rule only applies where a source has met applicable permitting
requirements, and the permitting requirements are designed to protect
the NAAQS, EPA believes that the addition of the exemption will not
adversely impact the NAAQS.
Additional background and technical information regarding the
specific rule revisions are contained in the technical support document
(TSD) prepared for this action, which is available from the EPA contact
listed above.
Have the Requirements for Approval of a SIP Revision Been Met?
The state submittals have met the public notice requirements for
SIP submissions in accordance with 40 CFR 51.102. The submittals also
satisfied the completeness criteria of 40 CFR part 51, appendix V. In
addition, as explained above and in more detail in the TSD which is
part of this notice, the revisions meet the substantive SIP
requirements of the CAA, including section 110 and implementing
regulations.
What Action Are We Taking?
We are processing this action as a direct final action because the
revisions make changes to the existing rules which are
noncontroversial. Therefore, we do not anticipate any adverse comments.
Conclusion
EPA is approving an amendment to the Missouri SIP related to rule
10 CSR 10-3.050, Restriction of Emission of Particulate Matter From
Industrial Processes. Dates: This direct final rule is effective on
February 18, 2000, without further notice, unless EPA receives adverse
comment by January 19, 2000. If adverse comment is received, 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.
Administrative Requirements
A. Executive Order (E.O.) 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from E.O. 12866, entitled ``Regulatory Planning and
Review.''
B. E.O. 13132
Federalism (64 FR 43255, August 10, 1999) revokes and replaces E.O.
12612 (Federalism) and E.O. 12875 (Enhancing the Intergovernmental
Partnership). E.O. 13132 requires EPA to develop an accountable process
to ensure ``meaningful and timely input by state and local officials in
the development of regulatory policies that have federalism
implications.'' ``Policies that have federalism implications'' is
defined in the E.O. to include regulations that have ``substantial
direct effects on the 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.'' Under E.O.
13132, EPA may not issue a regulation that has federalism implications,
that imposes substantial direct compliance costs, and that is not
required by statute, unless the Federal Government provides the funds
necessary to pay the direct compliance costs incurred by state and
local governments, or EPA consults with state and local officials early
in the process of developing the proposed regulation. EPA also may not
issue a regulation that has federalism implications and that preempts
state law unless the Agency consults with state and local officials
early in the process of developing the proposed regulation.
This final rule will not have substantial direct effects on the
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 E.O. 13132. Thus, the
requirements of section 6 of the E.O. do not apply to this rule.
C. E.O. 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 E.O.
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 E.O. 13045 because it is not an
economically significant regulatory action as defined by E.O. 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. E.O. 13084
Under E.O. 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
[[Page 71037]]
governments, or EPA consults with those governments. If EPA complies by
consulting, E.O. 13084 requires EPA to provide to 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,
E.O. 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. This action does not involve
or impose any requirements that affect Indian tribes. Accordingly, the
requirements of Section 3(b) of E.O. 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 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 the 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 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 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: November 29, 1999.
Dennis Grams,
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 the entry in paragraph (c), table titled EPA-
Approved Missouri Regulations, Missouri Citation 10-3.050 is revised to
read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) EPA-approved regulations.
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State
Missouri Title Effective EPA approval date Explanations
Citation date
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Missouri Department of Natural Resources
* * * * * * *
Chapter 3--Air Pollution Control Regulations for the Outstate Missouri Area
* * * * * * *
10-3.050 Restriction of Emission of September December 20, 1999
Particulate Matter From 30, 1999 [FR 71037]
Industrial Processes.
* * * * * * *
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[FR Doc. 99-32375 Filed 12-17-99; 8:45 am]
BILLING CODE 6560-50-P
