[Federal Register Volume 62, Number 165 (Tuesday, August 26, 1997)]
[Rules and Regulations]
[Pages 45165-45166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22664]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MO 032-1032; FRL-5877-3]
Approval and Promulgation of Implementation Plans; State of
Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The EPA is approving revisions to Missouri's federally
enforceable operating permit (FESOP) program contained in Missouri rule
10 CSR 10-6.065. These revisions are designed to ease the
administrative burden on the state and on affected sources without
relaxing environmental requirements.
DATES: This rule is effective on September 25, 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 A. Tapp at (913) 551-7606.
SUPPLEMENTARY INFORMATION: On March 13, 1996, Missouri submitted a
request to amend the State Implementation Plan (SIP) to incorporate
revisions to the FESOP program which generally affect intermediate
sources. These revisions include a provision which delays the permit
application deadlines by ten months for smaller intermediate sources,
and a provision which allows qualifying intermediate sources to apply
for general permits. Both of these revisions are designed to ease the
administrative burden on the state and on intermediate sources without
relaxing environmental requirements.
Additional revisions were made to clarify the meaning of the rule
and improve its enforceability. Specifically, these revisions clarify:
(1) That public participation requirements are applicable; and (2) that
sources are subject to enforcement action if they inappropriately apply
for and obtain a general intermediate permit and it is later determined
that they do not qualify. The revisions also clarify the meaning of the
term ``threshold level'' by referencing a definition contained in a
separate Missouri regulation.
Other revisions were contemporaneously made to rule 10 CSR 10-
6.065. Most of these revisions affect Missouri's basic operating permit
program for small sources. This program is not a federally approved
program; therefore, the EPA is not acting on the revisions to the basic
program.
Additional revisions affect Missouri's Title V operating permit
program. These revisions were addressed in a separate action.
The EPA received no comments on its proposed approval of these
revisions. For more information, the reader may refer to the EPA's
proposed approval published in the Federal Register on August 21, 1996
at 61 FR 43202.
I. Final Action
The EPA is approving revisions to Missouri rule 10 CSR 10-6.065.
Specifically, the EPA is approving sections (1), (2), (3), (5), and
(7), and subsections (4)(C)-(4)(G) and (4)(I)-(4)(Q) which pertain to
the intermediate permit program. The EPA is taking no action on
subsections (4)(A), (4)(B), and (4)(H) of Missouri rule 10 CSR 10-6.065
which pertain to Missouri's basic operating permit program. The EPA has
taken separate action on revisions to sections of rule 10 CSR 10-6.065
which pertain to Missouri's Title V operating permit program including
sections (1), (2), (3), (6), and (7).
Subsequent to the revision approved here, Missouri has revised rule
10 CSR 10-6.065 to update references to its ``Definitions'' rule, and
to modify insignificant activity provisions in its intermediate
operating permit program which is contained in rule 10 CSR 10-6.065.
The EPA approved these revisions and incorporated them by reference
into the SIP in a Federal Register document dated May 14, 1997 (see 62
FR 26405). This action is now codified in 40 CFR 52.1320(c)(96).
Rather than incorporate by reference into the SIP this earlier
version of the Missouri Code of State Regulations which also contains
the revisions approved today, the EPA is amending 40 CFR 52.1320(c)(96)
to clarify that the state rules incorporated by reference at 40 CFR
52.1320(c)(96) include the revisions approved today.
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.
II. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866 review.
B. Regulatory Flexibility Act
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)).
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
[[Page 45166]]
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 October 27, 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 in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Reporting and recordkeeping requirements.
Dated: August 6, 1997.
Martha R. Steincamp,
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 revising paragraph (c)(96) to read
as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
(96) Revisions to the Missouri SIP submitted by the Missouri
Department of Natural Resources on March 13, 1996, and 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 C.S.R. 10-6.020, Definitions and Common
Reference Tables, effective June 30, 1996; and 10 C.S.R. 10-6.065,
Operating Permits, effective June 30, 1996, except sections (4)(A),
(4)(B), and (4)(H).
* * * * *
[FR Doc. 97-22664 Filed 8-25-97; 8:45 am]
BILLING CODE 6560-50-F
