[Federal Register Volume 62, Number 172 (Friday, September 5, 1997)]
[Rules and Regulations]
[Pages 46880-46881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23452]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MO 034-1034(a); FRL-5886-3]
Approval and Promulgation of Implementation Plans; State of
Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: This action approves revisions in the Missouri state rules
regarding conformity requirements in Kansas City and St. Louis. These
changes are made to incorporate amendments in the Federal
transportation conformity rule effective on November 14, 1995.
DATES: This action is effective November 4, 1997, unless, by October 6,
1997, adverse or critical comments are received.
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: Christopher D. Hess at (913) 551-7213.
SUPPLEMENTARY INFORMATION:
I. Background
On November 14, 1995, the EPA published a set of amendments to the
Federal rule on transportation conformity contained in 40 CFR 51.390-
464 (subpart T). The state of Missouri has adopted changes in 10 CSR
10-2.390 (for Kansas City) and 10 CSR 10-5.480 (for St. Louis) in order
to parallel and incorporate the Federal revisions. These revisions were
submitted to the EPA in letters dated January 10, 1997, and February 2,
1997, for the areas of Kansas City and St. Louis, respectively.
These submissions were deemed complete in letters to the state
dated February 25, 1997, and March 5, 1997. The state provided evidence
of the lawful adoption of regulations, public notice, and public
hearing requirements.
Both state rules were submitted to EPA for review on July 3, 1996.
The EPA requested two minor revisions in a letter dated July 23, 1996,
which the state made prior to adoption of both rules on July 25, 1996.
The rules became effective on December 30, 1996.
II. Analysis
The state has essentially adopted the November 14, 1995, amendments
to the transportation conformity rule in their entirety, while
organizing the respective rules into the established state regulatory
structure and numbering system. Some minor differences between the
Federal and state rule exist, such as the state's inclusion of a
definition for ``consultation'' and specifying the metropolitan
planning organizations in the Kansas City and St. Louis area.
The respective rules for Kansas City (an ozone maintenance area)
and St. Louis (an ozone and carbon monoxide (CO) nonattainment area)
are nearly identical to one another and to the requirements of the
Federal rule, except where the St. Louis rules include definitions and
procedures for a CO nonattainment area, which is not required in the
Kansas City rules. For an explanation of the specific changes in the
state's rule to meet Federal requirements, the reader may request the
``Technical Support Document (TSD) for a Revision to the Missouri State
Implementation Plan (SIP),'' dated July 25, 1997. The revisions are
appropriate, required, and fully approvable by the EPA.
III. Final Action
The EPA is approving revisions submitted on January 10, 1997, and
February 2, 1997, which meet the requirements of the transportation
conformity amendments dated November 14, 1995. This meets the Federal
requirements set forth in 40 CFR 51, subpart T.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in a separate document in this Federal
Register publication, the EPA is proposing to
[[Page 46881]]
approve the SIP revision should adverse or critical comments be filed.
This action is effective November 4, 1997, unless, by October 6, 1997,
adverse or critical comments are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time. If no such comments are received, the public is
advised that this action is effective November 4, 1997.
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.
IV. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget has exempted this regulatory
action from Executive Order 12866 review.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the 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, the 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 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 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 November 4, 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, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: August 15, 1997.
William Rice,
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)(101) to read
as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
(101) On January 10, 1997, and February 2, 1997, the Missouri
Department of Natural Resources submitted revised rules pertaining to
transportation conformity.
(i) Incorporation by reference.
(A) Regulation 10 CSR 10-2.390, entitled Conformity to State
Implementation Plans of Transportation Plans, Programs, and Projects
Developed, Funded or Approved Under Title 23 U.S.C. or the Federal
Transit Act, effective December 30, 1996.
(B) Regulation 10 CSR 10-5.480, entitled Conformity to State
Implementation Plans of Transportation Plans, Programs, and Projects
Developed, Funded or Approved Under Title 23 U.S.C. or the Federal
Transit Act, effective December 30, 1996.
3. Section 52.1323 is amended by adding paragraph (k) to read as
follows:
Sec. 52.1323 Approval Status.
* * * * *
(k) The state of Missouri revised 10 CSR 10-2.390 for Kansas City
and 10 CSR 10-5.480 for St. Louis to update the transportation
conformity requirements contained in 40 CFR Part 51, Subpart T,
effective November 14, 1995.
[FR Doc. 97-23452 Filed 9-4-97; 8:45 am]
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