[Federal Register Volume 64, Number 62 (Thursday, April 1, 1999)]
[Rules and Regulations]
[Pages 15688-15690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7905]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MO 067-1067a; FRL-6315-9]
Approval and Promulgation of Implementation Plans; State of
Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is announcing direct final approval of revisions to
Missouri's Open Burning Rule (10 CSR 10-3.030) and Sampling Methods
Rule (10 CSR 10-6.030) as an amendment to the Missouri State
Implementation Plan (SIP). This action will update the SIP rules to
include revisions which add sampling methods and otherwise improve the
clarity of the rules.
DATES: This direct final rule is effective on June 1, 1999 without
further notice, unless EPA receives adverse comment by May 3, 1999. 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 Joshua A. Tapp at the
Environmental Protection Agency, Air Planning and Development Branch,
726 Minnesota Avenue, Kansas City, Kansas 66101.
Copies of the state submittals are available at the following
addresses for inspection during normal business hours: Environmental
Protection Agency, Air Planning and Development Branch, 726 Minnesota
Avenue, 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: Joshua A. Tapp at (913) 551-7606.
SUPPLEMENTARY INFORMATION:
What Is an 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, 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 an 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.
[[Page 15689]]
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 Being Addressed in This Document?
On November 13, 1998, the Missouri Department of Natural Resources
(MDNR) submitted revisions to rule 10 CSR 10-3.030 entitled ``Open
Burning Restrictions.'' A public hearing was held on the revisions to
this rule on March 26, 1998. Following a response to comments, the
Missouri Air Conservation Commission (MACC) adopted these revisions on
April 30, 1998, and they became effective on August 30, 1998.
On December 7, 1998, the MDNR submitted revisions to rule 10 CSR
10-6.030 entitled ``Sampling Methods for Air Pollution Sources.'' A
public hearing was held on the revisions to this rule on June 25, 1998.
No comments were submitted. Consequently, on July 30, 1998, the MACC
adopted these revisions, and on November 30, 1998, they became
effective.
In each of its submittal letters, MDNR has requested that EPA
revise the Missouri SIP to include the changes incorporated into these
rules.
The three most significant revisions incorporated by MDNR into rule
10 CSR 10-3.030 include: (1) A consolidation of the open burning
restriction provisions into one section; (2) a new provision that
requires certain sources which obtain a permit to conduct open burning
to utilize an air curtain destructor; and (3) revisions which allow
open burning during emergency response situations, to protect human
health or for authorized natural resource management. It should be
noted that this rule pertains to out-state Missouri only. It does not
include Kansas City, St. Louis, or Springfield.
Missouri has made two basic types of revisions to rule 10 CSR 10-
6.030 relating to reference sampling methods. The first type of
revision is to clarify the meaning and intent of the reference method
citations by making non-substantive word changes. The second type of
revision that was made was to add certain Federal reference sampling
methods to the Missouri rule.
Specifically, two test methods were added to the rule during this
revision. MDNR has added the Federal reference test method for
condensible particulate matter (method 202) to Subsection (5)(E). MDNR
has also added the Federal reference test method for visible emissions
(method 22) to Subsection (9)(B).
What Action Is Being Taken by EPA?
MDNR submitted the Out-State Open Burning Rule (10 CSR 10-3.030)
and the Sampling Methods Rule (10 CSR 10-6.030) for incorporation into
the Federally approved SIP on November 13, 1998, and on December 7,
1998, respectively.
EPA has reviewed these submittals which consolidate rule language,
clarify rule language, and add Federal reference sampling methods.
These submittals meet applicable statutory, regulatory, and policy
guidelines.
EPA is therefore taking direct final action to approve these rule
revisions as amendments to the Missouri 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 June 1, 1999
without further notice unless the Agency receives adverse comments by
May 3, 1999.
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 June 1, 1999 and no
further action will be taken on the proposed rule.
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. 12875
Under E.O. 12875, Enhancing the Intergovernmental Partnership, 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 or EPA consults with
those governments. If EPA complies by consulting, E.O. 12875 requires
EPA to provide to the OMB 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 any written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, E.O. 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 E.O. 12875
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
does not concern an environmental health or safety risk that EPA has
reason to believe may have a disproportionate effect on children.
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
[[Page 15690]]
necessary to pay the direct compliance costs incurred by the tribal
governments or EPA consults with those governments. If EPA complies by
consulting, E.O. 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, 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.'' This action
does not significantly or uniquely affect tribal communities, so E.O.
13084 does not apply.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act 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, because the Federal SIP approval does not create any new
requirements, 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 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
pre-existing 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 U.S. Senate, the U.S. House of
Representatives, and the U.S. 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 June 1, 1999. 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, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: March 16, 1999.
Dennis Grams,
Regional Administrator, Region VII.
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 USC 7401-7671q.
Subpart AA--Missouri
2. Section 52.1320 is amended by adding new paragraph (c)(112) to
read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
(112) Revisions submitted on November 13, 1998, and December 7,
1998, by the MDNR that modify Missouri's Out-state Open Burning Rule
and add sampling methods to Missouri's Sampling Method Rule,
respectively.
(i) Incorporation by reference:
(A) Revisions to Missouri rule 10 CSR 10-3.030 entitled ``Open
Burning Restrictions,'' effective August 30, 1998.
(B) Revisions to Missouri rule 10 CSR 10-6.030 entitled ``Sampling
Methods for Air Pollution Sources,'' effective November 30, 1998.
[FR Doc. 99-7905 Filed 3-31-99; 8:45 am]
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