[Federal Register Volume 64, Number 246 (Thursday, December 23, 1999)]
[Rules and Regulations]
[Pages 72032-72035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32758]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[Region VII Tracking No. MO 083-1083a; FRL-6510-9]
Approval and Promulgation of Implementation Plans; State of
Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve certain portions of the State Implementation Plan
(SIP) revisions submitted by the state of Missouri and as revisions to
the part 70 (operating permits) program. These revisions established
emission and service fees for 1997 and 1998 and clarify language
regarding reporting requirements, emission calculations and
verification.
DATES: This direct final rule is effective on February 22, 2000 without
further notice, unless EPA receives adverse comment by January 24,
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.
ADDRESSES: All comments should be addressed to: Kim Johnson,
Environmental Protection Agency, 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: 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
[[Page 72033]]
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 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 two separate amendments to the Missouri
``Submission of Emission Data, Emission Fees and Process Information''
rule which were adopted by the Missouri Air Conservation Commissions
approximately one year apart.
The first revision, with a state effective date of December 30,
1997, requires companies to report capture efficiency and control
efficiency on control devices and to calculate emissions using MDNR's
acceptable estimation methods as guidance. This revision also requires
Emission Inventory Questionnaires to be submitted on state forms,
clarifies language regarding reporting frequency and emission fees, and
revises the installation classification to match the permitting
classification.
The second revision, with a state effective date of December 30,
1998, is an annual update to establish emission and service fees for
1997 and 1998 and clarifies the language regarding fee obligations for
charcoal kilns to reflect state statutory requirements.
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 rule 10 CSR 10-
6.110, ``Submission of Emission Data, Emission Fees and Process
Information.'' Section (5), relating solely to the assessment of fees
for sources subject to the operating permit program, is part of the
part 70, Title V program and will not be approved into the SIP. The
remainder of the revisions to Rule 10-6.110, which clarifies reporting
requirements, methodology for emission calculations, and verification
of emissions, is approved into the SIP.
Conclusion
EPA is taking final action to approve, as an amendment to the SIP
and the part 70 program, the revisions to Missouri rule 10 CSR 10-
6.110, ``Submission of Emission Data, Emission Fees and Process
Information,'' effective December 30, 1998. Section (5) is part of the
Title V program and will not be approved into the SIP.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective February 22,
2000 without further notice unless the Agency receives adverse comments
by January 24, 2000.
If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on February 22, 2000 and no
further action will be taken on the proposed rule.
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 13132
Federalism (64 FR 43255, August 10, 1999) revokes and replaces
Executive Order 12612 (Federalism) and Executive Order 12875 (Enhancing
the Intergovernmental Partnership). Executive Order 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 Executive Order 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 Executive Order 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.
[[Page 72034]]
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 Executive Order 13132.
Thus, the requirements of section 6 of the Executive Order do not apply
to this rule.
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 state rules 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 permit program approvals
under 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 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 22, 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, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
[[Page 72035]]
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.
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 10-6.110 is revised to
read as follows:
Sec. 52.1320 Identification of Plan.
* * * * * * *
(c) EPA-approved regulations.
EPA-Approved Missouri Regulations
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State effective
Missouri citation Title date EPA Approval date Explanations
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Missouri Department of Natural Resources
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* * * *
* * *
Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
Regulations for the State of Missouri
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* * * *
* * *
10-6.110............ Submission of Emission 12/30/98........... 12/23/99.......... Section (5), Emission
Data, Emission Fees and Fees, is part of the
Process Information. Title V program and
has not been approved
as part of the SIP.
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PART 70--[AMENDED]
1. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 741 et seq.
2. Appendix A to part 70 is amended by adding paragraph (e) to the
entry for Missouri to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permit Programs
* * * * *
Missouri
* * * * *
(e) The Missouri Department of Natural Resources submitted on July
8, 1999, revisions to Missouri rules 10 CSR 10-6.110, ``Submission of
Emission Data, Emission Fees, and Process Information,'' effective on
December 30, 1998.
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[FR Doc. 99-32758 Filed 12-22-99; 8:45 am]
BILLING CODE 6560-50-P
