[Federal Register Volume 61, Number 41 (Thursday, February 29, 1996)]
[Rules and Regulations]
[Pages 7714-7716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4566]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[OAQPS 6542; FRL-5426-8]
Approval and Promulgation of Implementation Plans; State of
Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The purpose of this revision to the Missouri State
Implementation Plan (SIP) is to revise the Missouri Part D new source
review (NSR) rules, update and add numerous definitions, revise the
maximum allowable increase for particulate matter under the
requirements for prevention of significant deterioration (PSD) of air
quality, address emission statements under Title I of the Clean Air Act
Amendments (CAAA), and generally enhance the SIP.
The objective of this final rule is to approve into the Missouri
SIP rules adopted by the state which meet the requirements of the Clean
Air Act (CAA) as amended in 1990 with regard to NSR in areas that have
not attained the national ambient air quality standard. This
implementation plan revision was submitted by the state pursuant to
Federal requirements for an approvable NSR SIP for Missouri.
EFFECTIVE DATE: This rule will be effective on April 1, 1996.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours at the EPA
Air, RCRA, and Toxics Division, 726 Minnesota Avenue, Kansas City,
Kansas 66101; and at the EPA Air and Radiation docket and Information
Center, 401 M Street, S.W., Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Josh Tapp at (913) 551-7606.
SUPPLEMENTARY INFORMATION:
I. Background
On April 3, 1995, at 60 FR 16824 the EPA proposed to approve the
SIP revision by the state of Missouri that revises the Missouri Part D
NSR rules, updates and adds numerous definitions, revises the maximum
allowable increase for particulate matter under the requirements for
PSD of air quality, addresses emission statements under Title I of the
CAAA, and generally enhances the SIP.
The Federal Register proposal provided that the final rule was
contingent upon Missouri modifying the language in its definition of
the term ``construction'' to prohibit major sources from commencing
construction before a permit had been issued. The proposal also
required the construction permit rule be modified to prohibit the
taking of offset credits for emission reductions required under either
Federal law or a Federally enforceable permit.
The EPA is currently developing a proposed rule to assist the
implementation of the changes under the amended Act in the NSR
provisions in Parts C and D of Title I of the Act. EPA will refer to
the proposed rule as the most authoritative guidance available
regarding the approvability of submittals. Upon promulgation of the
final regulations, EPA will review the NSR SIPs of all states to
determine whether additional SIP revisions are necessary.
II. Construction Permits Required--10 CSR 10-6.060
A. General Nonattainment NSR Nonattainment Permit Requirements
In the April 3, 1995, proposal to approve the SIP revision by the
state of Missouri that revises the Missouri Part D NSR rules, 11 CAA
requirements were addressed in detail. These requirements consist of
the following and are discussed at 60 FR 16825-6: (1) Offset ratios,
(2) geographical location of offsets, (3) timing of offsets, (4) actual
emissions reductions, (5) NOX requirements, (6) creditable
reductions, (7) prohibition on old growth allowances, (8) analysis of
alternatives, (9) reasonable further progress, (10) reasonably
available control technology/best available control technology/lowest
achievable emission rate clearinghouse information, and (11) stationary
source definition. Each of these requirements has been thoroughly
addressed in the proposal and the reader is referred to that document
for further discussion. Missouri has satisfied each of these Federal
requirements.
[[Page 7715]]
B. Missouri Construction Permit Program Corrections
1. Particulate Matter
After the December 1993 rule adoption by the Missouri Air
Conservation Commission (MACC), the Class I variance table found at 10
CSR 10-6.060(12)(H)2 did not reflect the revised PM10 numerical
maximum allowable increases as set forth at 40 FR Sec. 51.166(p)(4). In
the April 3, 1995, proposal, EPA identified this omission as a
correction to be made prior to EPA's final action to approve the rule.
With the March 30, 1995, MACC rule adoption, the table at 10 CSR 10-
6.060(12)(H)2 now includes PM10 as a pollutant with numerical
values at least as stringent as those found at 40 CFR
Sec. 51.166(p)(4). Missouri's rule now satisfies the PM10
requirement.
2. Waiver Policy
Before the March 30, 1995, MACC rule adoption, the Missouri
Construction Permits Required rule, 10 CSR 10-6.060, in conjunction
with the definition of ``construction'' at 10 CSR 10-6.020(2)(C)22,
could be interpreted as allowing major sources to commence construction
without a permit in contravention of CAA and EPA regulations. That
definition of ``construction'' allowed for synthetic minor sources,
those that are major in reality but which seek Federally enforceable
limitations to limit their potential to emit, to submit a waiver
request to the Missouri Department of Natural Resources (MDNR) allowing
the source to commence limited and specified construction activities.
In the April 3, 1995, proposal, EPA stated that the waiver provision
must be omitted before the rule could be approved. The recently adopted
definition of ``construction'' at 10 CSR 10-6.020(2)(C)22 deletes the
reference to authorization to construct if the applicant submits a
signed waiver. This current definition of ``construction'' is
approvable into the SIP.
3. Offset Credits
At the time the proposed rulemaking (60 FR 16824, April 3, 1995)
was published in the Federal Register, the Missouri construction rule,
10 CSR 10-6.060, lacked a prohibition on taking offset credits for
emission reductions which are required by Federal law or a Federally
enforceable permit. The proposal identified this omission as a change
to be made before EPA could approve the rule. The language at 10 CSR
10-6.060(12)(C)4 has been modified by Missouri to include that
prohibition. As regards offset credits, the Missouri rule now satisfies
this requirement and is approvable into the SIP.
C. Commenced Construction
Under the applicablity provisions of 10 CSR 10-6.060(1)(C), no
owner or operator shall commence construction or modification of any
installation subject to the construction permits rule, unless it meets
certain threshold requirements set forth in the rule and it first
obtains a permit. The Missouri rules define ``commenced'' at 10 CSR 10-
6.020(C)15 as ``an owner or operator has undertaken a continuous
program of construction or modification or that an owner or operator
has entered into a binding agreement or contractual obligation to
undertake and complete within a reasonable time, a continuous program
of construction or modification.'' When these two provisions are read
together, the rules appear to prohibit a source from entering into a
contractual relationship pertaining to construction before obtaining a
permit. Since the Missouri provisions are at least as stringent as
Federal law at 40 CFR Sec. 51.166(i)(1), they are approvable into the
SIP.
III. Update to Definitions Found in 10 CSR 10-6.020
There are many definitions which are being revised within or added
to the SIP. Many of these definitions pertain to the Title V and
asbestos programs. These definitions are being approved into the SIP
because they provide overall consistency in the use of terms in the air
program. Because many of these terms do pertain to Title V, it is
important to recognize that EPA approval into the SIP of these
definitions does not constitute approval with respect to the Title V
submission. This approval of the definitions is only for purposes of
the SIP in the context of the requirements of section 110 of the Act,
and other provisions of the Act referenced in section 110. The reader
is referred to the technical support document for clarification on
changes to definitions and additions to the list of definitions.
IV. Confidential Information--10 CSR 10-6.210
The information set forth in the April 3, 1995, proposed rule (60
FR 16827) describes this rule and explains EPA's rationale for approval
of the rule.
V. Emission Statement Rule--10 CSR 10-6.110
The information set forth in the April 3, 1995, proposed rule (60
FR 16827) describes this rule and explains EPA's rationale for approval
of the rule.
EPA Action
In this document, EPA takes final action on the rulemaking to
provide clarification on offset requirements; provide for the treatment
of economic development zones; and require that the relative benefits
of alternative sites, production processes, and control steps must be
considered prior to approval of a new source permit. In addition, the
rulemaking addresses corrections to Missouri's definition rule;
confidential information rule; and the rule pertaining to the
submission of emission data, fees, and process information.
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.
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, because the Federal SIP
approval does not impose any new requirements, EPA 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 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)).
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995, memorandum from Mary Nichols, Assistant Administrator
for Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
Under sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector, or to
state, local, or tribal governments in the
[[Page 7716]]
aggregate. The Missouri revisions have no impact on tribal governments.
Through submission of this plan revision, the state has elected to
adopt the program provided for under section 110 of the CAA. These
rules may bind state and local governments to perform certain actions
and also require the private sector to perform certain duties. To the
extent that the rules being finalized for approval by this action will
impose new requirements, sources are already subject to these
regulations under state law. Accordingly, no additional costs to state
or local governments, or to the private sector, result from this final
action. EPA has also determined that this final action does not include
a mandate that may result in estimated costs of $100 million or more to
state or local governments in the aggregate or to the private sector.
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 April 29, 1996. 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).)
The OMB has exempted these actions from review under Executive
Order 12866.
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: December 6, 1995.
Dennis Grams,
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)(86) to read
as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
(86) A revision to the Missouri SIP to revise the Missouri part D
NSR rules, update and add numerous definitions, revise the maximum
allowable increase for particulate matter under the requirements for
PSD of air quality, address emission statements under Title I of the
CAA, and generally enhance the SIP.
(i) Incorporation by reference.
(A) Revision to rules 10 CSR 10-6.020, Definitions and Common
Reference Tables, effective August 30, 1995; 10 CSR 10-6.060,
Construction Permits Required, effective August 30, 1995; 10 CSR 10-
6.110, Submission of Emission Data, Emission Fees, and Process
Information, effective May 9, 1994; and 10 CSR 10-6.210, Confidential
Information, effective May 9, 1994.
(ii) Additional material. None.
* * * * *
[FR Doc. 96-4566 Filed 2-28-96; 8:45 am]
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