[Federal Register Volume 63, Number 79 (Friday, April 24, 1998)]
[Rules and Regulations]
[Pages 20318-20320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10974]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MO 046-1046; FRL-6001-2]
Approval and Promulgation of Implementation Plans; State of
Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is taking final action to approve revisions to
Missouri Rule 10 CSR 10-2.330, ``Control of Gasoline Reid Vapor
Pressure,'' submitted by the Missouri Department of Natural Resources
(MDNR) on November 13, 1997. This revision sets a summertime gasoline
Reid Vapor Pressure (RVP) limit of 7.2 pounds per square inch (psi),
and 8.2 psi for gasoline containing at least 9.0 percent by volume but
not more than 10.0 percent by volume ethanol, for gasoline distributed
in Clay, Platte, and Jackson Counties in Missouri. This revision is
necessary to ensure that the area continues to maintain the National
Ambient Air Quality Standard (NAAQS) for ozone.
DATES: This rule is effective on May 26, 1998.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours at the:
Environmental Protection Agency, Air Planning and Development Branch,
726 Minnesota Avenue, Kansas City, Kansas 66101.
FOR FURTHER INFORMATION CONTACT: Stan Walker at (913) 551-7494.
SUPPLEMENTARY INFORMATION:
I. Background
On March 24, 1997 (62 FR 13849), the EPA proposed to approve the
incorporation of Missouri Rule 10 CSR 10-2.330 into the State
Implementation Plan (SIP). This revision, which limits the RVP of
gasoline sold in the Missouri portion of the Kansas City metropolitan
area, is necessary to help the Kansas City area maintain the NAAQS for
ozone.
The state emergency rule was adopted and approved by the Missouri
Air Conservation Commission (MACC) after proper public notice and
hearing procedures. The emergency rule became effective on May 1, 1997,
and expired on October 27, 1997. The state's permanent rule has
undergone proper public notice and hearing and was adopted at the June
26, 1997, public hearing by the MACC, and became effective on October
30, 1997.
[[Page 20319]]
The EPA proposed approval of the state's permanent rule using
parallel processing procedures. Under these procedures, the EPA
proposed to approve Missouri's rule based on adoption of a comparable
final permanent rule. The EPA received no comments on its proposed
approval.
On October 9, 1997, the EPA gave final conditional approval to
Missouri rule 10 CSR 10-2.330. Full approval was contingent upon
Missouri submitting the final permanent rule by November 30, 1997.
Missouri has since completed its rule adoption procedures for the
permanent rule and submitted the rule on November 13, 1997. Therefore,
the EPA is taking final action to approve this revision to Missouri's
SIP.
In accord with section 211(c)(4)(C), the EPA is able to approve
this fuel control measure because the state of Missouri demonstrated
that the measure is necessary to achieve the national primary and
secondary ambient air quality standard. The EPA also approves the state
fuel requirement as necessary because no other measures would bring
about timely attainment or, if other measures exist, they are
unreasonable or impracticable.
For additional background on this action and the EPA's detailed
rationale for approval, please refer to the technical support document
(TSD) for the aforementioned notice of proposed rulemaking (62 FR
13849) and the TSD for this final rulemaking.
II. Final Action
The EPA is taking final action to give full approval to the SIP
revision concerning Missouri Rule 10 CSR 10-2.330, ``Control of
Gasoline Reid Vapor Pressure,'' submitted by MDNR.
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.
Full approval was contingent upon Missouri completing its rule
adoption procedures prior to expiration of the emergency rule, and
submitting the permanent rule by November 30, 1997. Missouri submitted
the permanent rule on November 13, 1997, thus meeting the
aforementioned condition.
III. Administrative Requirements
A. Regulatory Flexibility Act
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,
the Administrator 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 the 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)).
B. Executive Order 12866
The Office of Management and Budget has exempted this regulatory
action from Executive Order 12866 review.
C. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to state, local, or tribal governments in the aggregate; or to
private sector, of $100 million or more. Under section 205, the 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 the EPA to establish a
plan for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
The EPA has determined that the approval action promulgated does
not include a Federal mandate that may result in estimated 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.
D. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. Sec. 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. The 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 Comptroller General of the United
States prior to publication of the rule in the Federal Register. This
rule is not a ``major rule'' as defined by 5 U.S.C. Sec. 804(2).
E. 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 23, 1998. 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: April 2, 1998.
William Rice,
Acting 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 U.S.C. 7401 et seq.
Subpart AA--Missouri
2. Section 52.1320 is amended by adding paragraph (c)(105) to read
as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
(105) Revision to the Missouri SIP submitted by the Missouri
Department of Natural Resources on November 13, 1997.
(i) Incorporation by reference.
(A) Missouri Rule, 10 CSR 10-2.330, Control of Gasoline Reid Vapor
Pressure, effective October 30, 1997.
[[Page 20320]]
3. Section 52.1323 is amended by adding paragraph (m) to read as
follows:
Sec. 52.1323 Approval status.
* * * * *
(m) The Administrator approves Missouri rule 10 CSR 10-2.330 under
Sec. 52.1320(c)(105). This fulfills the requirements of the conditional
approval granted effective November 10, 1997, as published on October
9, 1997.
[FR Doc. 98-10974 Filed 4-23-98; 8:45 am]
BILLING CODE 6560-50-P
