[Federal Register Volume 59, Number 91 (Thursday, May 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11470]
[[Page Unknown]]
[Federal Register: May 12, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MO 15-1-6333; FRL-4883-2]
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 include the lead nonattainment areas
into the existing new source review (NSR) program. This revision
changes the applicability requirements by changing the definition of
nonattainment area in the state regulations to include lead
nonattainment areas, and to delete the Kansas City area as a
nonattainment area in light of its attainment of the ozone standard.
In this document EPA takes final action on a limited approval,
because Missouri has not yet submitted to EPA augmented new source
permit rules which meet the amended requirements of part D of title I
of the Clean Air Act.
EFFECTIVE DATE: This final rule will become effective on June 13, 1994.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours at the
EPA, Air Branch, 726 Minnesota Avenue, Kansas City, Kansas 66101; the
Missouri Department of Natural Resources, Air Pollution Control
Program, Jefferson State Office Building, 205 Jefferson Street,
Jefferson City, Missouri 65101; and the EPA Air and Radiation Docket
and Information Center, 401 M Street, SW., Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Robert J. Lambrechts at (913) 551-
7846.
SUPPLEMENTARY INFORMATION: On February 4, 1994, EPA proposed a
rulemaking to approve the three Missouri lead nonattainment areas into
the existing Missouri NSR program. The objective of this final
rulemaking is to approve the three Missouri lead nonattainment areas
into the existing NSR program in Missouri. This SIP revision contains
the amendments to the SIP defining three areas in Missouri as
nonattainment for lead. This SIP revision is also being accorded
limited approval because it does not meet all of the applicable
requirements of the Act.1 As of April 6, 1994, Missouri submitted
NSR provisions intended to address the limited approval, and EPA is
currently reviewing this latest submittal. The limited approval
strengthens the existing SIP as representing an improvement over what
is currently in the SIP, and as meeting some of the applicable
requirements of the Act. In particular, the amendment means that
Missouri's NSR requirements, which meet all of the provisions of the
preamended Act, apply to new and modified sources of lead in the
nonattainment areas.
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\1\EPA may grant such a limited approval under section 110(k)(3)
of the Act, in light of the general authority delegated to EPA under
section 301(a) of the Act to take actions necessary to carry out the
purposes of the Act.
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In 1978, when EPA promulgated the lead National Ambient Air Quality
Standard, it was not authorized to designate areas nonattainment,
attainment, or unclassifiable for lead. Under the Clean Air Act
Amendments of 1990, EPA was authorized to require states to designate
areas as nonattainment, attainment, or unclassifiable for lead. On
November 6, 1991, at 56 FR 56694, EPA designated the following areas as
nonattainment for lead: the city of Herculaneum in Jefferson County;
and the Dent, Liberty and Arcadia townships in Iron County. No comments
were received in response to the proposal. For a complete discussion of
the state submittal, the reader is directed to the proposed Federal
Register document at 59 FR 5370.
EPA Action
In this document, EPA takes final action on the rulemaking to
provide limited approval of the incorporation of three Missouri lead
nonattainment areas into the existing NSR program in Missouri.
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.
This action has been classified as a Table 3 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,
memorandum from Michael H. Shapiro, Acting Assistant Administrator for
Office of Air and Radiation. On January 6, 1989, the Office of
Management and Budget (OMB) waived Table 2 and Table 3 SIP revisions
from the requirements of section 3 of Executive Order 12291 for two
years. EPA has submitted a request for a permanent waiver for Table 2
and 3 SIP revisions. OMB has agreed to continue the waiver until such
time as it rules on EPA's request. This request continues in effect
under Executive Order 12866 which superseded Executive Order 12291 on
September 30, 1993.
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. 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-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under sections 110 and 301, 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)).
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 July 11, 1994. 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, Incorporation by
reference, Lead.
Dated: April 25, 1994.
Willaim A. Spratlin,
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)(83) to read
as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
(83) A revision to the Missouri State Implementation Plan (SIP) to
incorporate the lead nonattainment areas into the existing new source
review (NSR) program was submitted by the state on March 15, 1993. This
revision changes the applicability requirements by changing the
definition of nonattainment area in the state regulations to include
lead nonattainment areas, and to delete the Kansas City area as a
nonattainment area in light of its attainment of the ozone standard.
(i) Incorporation by reference.
(A) Revision to rule 10 C.S.R. 10-6.020, definitions, effective
February 26, 1993.
[FR Doc. 94-11470 Filed 5-11-94; 8:45 am]
BILLING CODE 6560-50-F
