[Federal Register Volume 62, Number 93 (Wednesday, May 14, 1997)]
[Rules and Regulations]
[Pages 26405-26407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12631]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[MO 021-1021; FRL-5817-5]
Approval and Promulgation of Implementation Plans and State
Operating Permit Programs; State of Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The EPA is fully approving the operating permit program
submitted by the state of Missouri for the purpose of complying with
Federal requirements for an approvable state program to issue operating
permits to all major stationary sources and certain other sources.
The EPA is also approving a revision to the Missouri State
Implementation Plan (SIP) which updates references and modifies the
Missouri intermediate operating permit program. SIP approval of revised
state rules ensures that the SIP is current and permits Federal
enforceability of the state rules.
DATES: This rule is effective on June 13, 1997.
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; and the EPA Air &
Radiation Docket and Information Center, 401 M Street, SW., Washington,
DC 20460.
FOR FURTHER INFORMATION CONTACT: Joshua Tapp at (913) 551-7606.
SUPPLEMENTARY INFORMATION:
I. Background and Purpose
A. Part 70 Program
The Clean Air Act (Act) and its implementing regulations at 40 CFR
Part 70 require that states develop and submit operating permit
programs to the EPA by November 15, 1993, and that the EPA act to
approve or disapprove each program within one year after receiving a
complete submittal. The EPA reviews state programs pursuant to section
502 of the Act and the Part 70 regulations, which together outline the
criteria for approval or disapproval. Where a program substantially,
but not fully, meets the requirements of 40 CFR Part 70, the EPA may
grant the program interim approval for a period of up to two years. If
a state does not have an approved program within two years of interim
approval, the EPA must establish and implement a Federal operating
permits program for that state.
The EPA published a notice of interim approval of the Missouri
operating permit program on April 11, 1996. The revisions required by
the EPA for full approval of the state's program were discussed fully
in that notice and accompanying technical support document. Missouri
made the required revisions to its program and submitted that
information, along with a request for full approval, to the EPA on
August 6, 1996. Consequently, on December 3, 1996, the EPA published a
notice proposing full approval. This notice explained the EPA's
rationale for finding that Missouri had corrected the deficiencies that
were the basis for the interim approval.
B. Section 112(g) and Section 112(l) Programs
In the April 11, 1996, interim approval notice, the EPA approved
the state's preconstruction review program for the purpose of
implementing the 112(g) requirements. This approval remains in effect.
The EPA issued a final 112(g) rule on December 27, 1996. The state has
18 months from the effective date of the rule to adopt an equivalent
program.
[[Page 26406]]
In the April 11, 1996, Federal Register notice, the EPA granted
full approval of the state's program under section 112(l)(5) and 40 CFR
Part 63.91. It also ratified prior delegations to Missouri for
implementation of certain national emission standards for hazardous air
pollutants for which Missouri had requested and received delegation
prior to approval of the state's section 112(l) program. This approval
gives the state the authority to implement section 112 standards as
promulgated without changes for both Part 70 and non-Part 70 sources.
The EPA is reaffirming this approval.
C. SIP Program
In the December 3, 1996, notice, the EPA also proposed to approve
revisions to the state SIP submitted pursuant to section 110 of the
Act. These revisions update references in rule 10 CSR 10-6.020, and
modify the insignificant activities provisions in rule 10 CSR 10-6.065
with regard to the state's intermediate operating permit program in
subsection 4(G). The provisions of this subsection apply to Missouri's
basic and intermediate operating permit programs. The EPA is approving
the revisions to this subsection only to the extent that they apply to
the intermediate program. The Missouri basic operating permit program
is not a Federally approved program, and the EPA is not taking action
on the revisions as they relate to that program.
II. Final Action and Implementation
A. Part 70 Program
No comments were received during the public comment period on the
proposed approval of the state's revisions relating to the Part 70
program. Consequently, the EPA is now taking final action to grant full
approval of the Missouri Part 70 operating permit program. This
approval extends to relevant portions of the following Missouri rules:
10 CSR 10-6.020, Definitions and Common Reference Tables; 10 CSR 10-
6.065, Operating permits; and 10 CSR 10-6.110, Submission of Emission
Data, Emission Fees and Process Information.
B. SIP Program
No comments were received during the public comment period on the
proposed approval of the SIP revisions relating to rules 10 CSR 10-
6.020 and 10 CSR 10-6.065. Therefore, the EPA is granting final
approval of these revisions to Missouri's SIP. The EPA is approving the
revisions to section 4(G) of rule 10 CSR 10-6.065 as they relate to the
intermediate operating permit program, which was approved by the EPA on
September 25, 1995.
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, 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)).
III. Administrative Requirements
A. Docket
Copies of the Missouri submittal and other information relied upon
for the final approval are contained in the docket maintained at the
EPA Region VII office. The docket is an organized and complete file of
all the information submitted to or otherwise considered by the EPA in
the development of this final interim approval. The docket is available
for public inspection at the location listed under the ADDRESSES
section of this document.
B. Executive Order 12866
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 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 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 General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, the EPA submitted 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
General Accounting Office prior to publication of this rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 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 July 14, 1997. 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
40 CFR Part 52
Environmental protection, Administrative practice and procedure,
Air pollution control, Carbon monoxide,
[[Page 26407]]
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
Reporting and recordkeeping requirements.
Dated: April 2, 1997.
Dennis Grams,
Regional Administrator.
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)(96) to read
as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
(96) A revision to the Missouri SIP submitted by the Missouri
Department of Natural Resources on August 6, 1996, pertaining to its
intermediate operating permit program. The EPA is not approving
provisions of the rules which pertain to the basic operating permit
program.
(i) Incorporation by reference.
(A) Regulations 10 CSR 10-6.020, Definitions and Common Reference
Tables, effective June 30, 1996; and 10 CSR 10-6.065, Operating
Permits, effective June 30, 1996, except sections (4)(A), (4)(B), and
(4)(H).
PART 70--[AMENDED]
1. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 741, et seq.
2. Appendix A to part 70 is amended by adding paragraph (b) to the
entry for Missouri to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Missouri
(a) * * *
(b) The Missouri Department of Natural Resources program
submitted on January 13, 1995; August 14, 1995; September 19, 1995;
October 16, 1995; and August 6, 1996.
Full approval effective June 13, 1997.
* * * * *
[FR Doc. 97-12631 Filed 5-13-97; 8:45 am]
BILLING CODE 6560-50-P
