[Federal Register Volume 61, Number 25 (Tuesday, February 6, 1996)]
[Rules and Regulations]
[Pages 4352-4353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2379]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MO-24-1-7047a; FRL-5317-7]
Approval and Promulgation of Implementation Plans; State of
Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: This final action approves the State Implementation Plan (SIP)
submitted by the state of Missouri. The state's revision expands the
types of testing and monitoring data, including stack and process
monitoring, which can be used directly for compliance certifications
and enforcement.
DATES: This action is effective April 8, 1996 unless by March 7, 1996
adverse or critical comments are received.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours at the:
Environmental Protection Agency, Air Branch, 726 Minnesota Avenue,
Kansas City, Kansas 66101; and EPA Air & Radiation Docket and
Information Center, 401 M Street, SW., Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Joshua A. Tapp at (913) 551-7606.
SUPPLEMENTARY INFORMATION: The EPA believes that existing SIPs
(nationwide) are inadequate for states or EPA to fully implement the
Clean Air Act Amendments, because the SIPs may presently be interpreted
to limit the types of testing or monitoring data that may be used for
determining compliance and establishing violations. On May 11, 1994,
EPA issued a call to the state of Missouri to revise its SIP to clarify
that any monitoring approved for the source (and included in a
Federally enforceable operating permit) may form the basis of the
compliance certification, and that any credible evidence may be used
for purposes of enforcement in Federal court.
On March 13, 1995, Missouri made an official plan submission in
response to the EPA's SIP call. Missouri submitted a new rule, 10 CSR
10-6.280, which appropriately provides for data which have been
collected under the enhanced monitoring and operating permit programs
to be used for compliance certifications and enforcement actions.
Specifically, section (2) of this rule authorizes these data to be used
for compliance certifications, and section (3) authorizes these data to
be considered for enforcement actions.
EPA interprets the language in section 2(c) which states, ``Any
other monitoring methods approved by the Director'' to provide the
Director with the authority to require ``additional'' monitoring
methods, as necessary. Consistent with past and present EPA policy, the
use of substitute sampling methods which are not listed in the rule
would require a revision to the SIP.
This revision will enhance the state's capability for determining
compliance with, and for establishing violations of, the underlying
emission limitations.
EPA Action
EPA is taking final action to approve revisions submitted March 13,
1995, for the state of Missouri.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in a separate document in the Federal
Register publication, the EPA is proposing to approve the SIP revision
should adverse or critical comments be filed.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent notice that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule, based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time.
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.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities (5 U.S.C. Secs. 603 and
604). Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-
[[Page 4353]]
profit enterprises, and government entities with jurisdiction over
populations of less than 50,000.
SIP approvals under section 110 and subchapter I, part D of the
Clean Air Act (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)).
The Office of Management and Budget has exempted these actions from
review under Executive Order 12866.
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 8, 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).)
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: October 2, 1995.
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)(91) to read
as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
(91) This revision provides for data which have been collected
under the enhanced monitoring and operating permit programs to be used
for compliance certifications and enforcement actions.
(i) Incorporation by reference.
(A) 10 CSR 10-6.280 Compliance Monitoring Usage, effective December
30, 1994.
[FR Doc. 96-2379 Filed 2-5-96; 8:45 am]
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