[Federal Register Volume 63, Number 166 (Thursday, August 27, 1998)]
[Rules and Regulations]
[Pages 45727-45729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22901]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 62
[MO 045-1045; FRL-6150-8]
Approval and Promulgation of Implementation Plans and Section
111(d) Plan; State of Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The EPA is taking final action to approve certain portions of
new Missouri rule 10 CSR 10-6.020 as a revision to the State
Implementation Plan (SIP). This rule consolidates the SO2
requirements previously contained in eight separate rules into one
statewide rule. The EPA is taking final action to rescind eight rules
which are replaced by the new rule, and the EPA is taking final action
to approve Missouri's Clean Air Act (CAA) section 111(d) plan for
sulfuric acid mist plants which is now contained in the new rule.
DATES: This rule is effective on September 28, 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; and the EPA Air &
Radiation Docket and Information Center, 401 M Street, SW., Washington,
DC 20460.
FOR FURTHER INFORMATION CONTACT: Kim Johnson at (913) 551-7975.
SUPPLEMENTARY INFORMATION: Revisions were made to Missouri's
SO2 rules in response to an SO2 rule
enforceability review conducted by the EPA in 1991. A consolidated rule
was presented at a public hearing on March 28, 1996. After addressing
comments from the hearing and public comment period, the state adopted
rule 10 CSR 10-6.260 which became effective on August 30, 1996.
On August 12, 1997, Missouri submitted a request to amend the SIP
by
[[Page 45728]]
adding the new rule 10 CSR 10-6.260, Restriction of Emission of Sulfur
Compounds.
In conjunction with Missouri's request for SIP approval of 10 CSR
10-6.260, Missouri also requests rescission of eight existing rules
dealing with sulfur compound emissions (10 CSR 10-2.160, 2.200, 3.100,
3.150, 4.150, 4.190, 5.110, and 5.150). These eight rules were
rescinded by Missouri effective July 30, 1997.
Missouri simplified the SO2 emission requirements by
consolidating all of the source-specific emission limitations, tests
methods, and monitoring requirements for the different geographical
areas into one rule: 10 CSR 10-6.260. The rule is a combination of
plans which contain requirements that have been previously approved as
protecting the SO2 NAAQS. This new rule does not change the
emission limits contained in the existing eight rules to be rescinded,
but does contain enforceable emission limits, appropriate compliance
methods, and requires recordkeeping sufficient to determine compliance.
Section (4) of the rule requires affected sources to comply
directly with the SO2 National Ambient Air Quality Standard
(NAAQS). In general, the EPA does not directly enforce the NAAQS.
Section 110 of the CAA requires states to develop plans which contain
enforceable emission limitations and other such measures as required to
protect the NAAQS. Consequently, the EPA will not take action on
section (4); however, the EPA continues to assert that it is a state's
prerogative to protect air quality using all necessary and practical
means.
Section (3) of this rule also contains the state of Missouri's
section 111(d) plan as it applies to sulfuric acid mist plant
emissions. Section (3) replaces the comparable restrictions in
Missouri's rules, 10 CSR 10-3.100, Restriction of Emission of Sulfur
Compounds; and 10 CSR 10-5.150, Emission of Certain Sulfur Compounds
Restricted, to be rescinded. Section 111(d) of the CAA and 40 CFR Part
60, Subpart B, require each state to adopt and submit a plan to
establish emission controls for existing sources, which would be
subject to the EPA's new source performance standards if these sources
were new sources.
No comments were received in response to the public comment period
regarding this rule action.
For more background information, the reader is referred to the
proposal for this rulemaking published on March 18, 1998, at 63 FR
13154.
I. Final Action
The EPA is taking final action to approve, as a revision to the
SIP, under 40 CFR Part 52, rule 10 CSR 10-6.260, Restriction of
Emission of Sulfur Compounds, submitted by the state of Missouri on
August 12, 1997, except sections (3) and (4).
The EPA is taking final action to approve, under 40 CFR Part 62,
section (3) of rule 10 CSR 10-6.260 pursuant to section 111(d) of the
CAA.
The EPA is taking no action on section (4) of rule 10 CSR 10-6.260.
The EPA is also taking final action to rescind SIP rules 10 CSR 10-
2.160, Restriction of Emission of Sulfur Compounds; 10 CSR 10-2.200,
Restriction of Emission of Sulfur Compounds From Indirect Heating
Sources; 10 CSR 10-3.100, Restriction of Emission of Sulfur Compounds;
10 CSR 10-3.150, Restriction of Emission of Sulfur Compounds From
Indirect Heating Sources; 10 CSR 10-4.150 Restriction of Emissions of
Sulfur Compounds; 10 CSR 10-4.190, Restriction of Emissions of Sulfur
Compounds From Indirect Heating Sources; 10 CSR 10-5.110, Restriction
of Emissions of Sulfur Dioxide for Uses of Fuel; and 10 CSR 10-5.150,
Emission of Certain Sulfur Compounds Restricted.
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 and 13045
The Office of Management and Budget has exempted this regulatory
action from Executive Order 12866 review. The final rule is not subject
to Executive Order 13045, entitled ``Protection of Children From
Environmental Health Risks and Safety Risks,'' because it is not an
``economically significant'' action under Executive Order 12866.
B. Regulatory Flexibility
The Regulatory Flexibility Act generally requires an agency to
conduct a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements unless the agency certifies that
the rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small not-for-profit enterprises, and small governmental jurisdictions.
This rule will not have a significant impact on a substantial number of
small entities because 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 create any new requirements,
I certify that this action will not have a significant economic impact
on a substantial number of small entities. Moreover, due to the nature
of the Federal-state relationship under the CAA, preparation of
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.
EPA, 427 U.S. 246, 255-66 (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 Comptroller General
The Congressional Review Act, 5 U.S.C. 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
[[Page 45729]]
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. 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 26, 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
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, and Sulfur oxides.
40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements, Sulfuric acid plants, Sulfuric oxides.
Dated: August 3, 1998.
William Rice,
Acting Regional Administrator, Region VII.
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)(108) to read
as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(C) * * *
(108) On August 12, 1997, the Missouri Department of Natural
Resources (MDNR) submitted a new rule which consolidated the
SO2 rules into one and rescinded eight existing rules
dealing with sulfur compounds.
(i) Incorporation by reference.
(A) Regulation 10 CSR 10-6.260, Restriction of Emission of Sulfur
Compounds, except Section (4), Restriction of Concentration of Sulfur
Compounds in the Ambient Air, and Section (3), Restriction of
Concentration of Sulfur Compounds in Emissions, effective on August 30,
1996.
(B) Rescission of rules 10 CSR 10-2.160, Restriction of Emission of
Sulfur Compounds; 10 CSR 10-2.200, Restriction of Emission of Sulfur
Compounds From Indirect Heating Sources; 10 CSR 10-3.100, Restriction
of Emission of Sulfur Compounds; 10 CSR 10-3.150, Restriction of
Emission of Sulfur Compounds From Indirect Heating Sources; 10 CSR 10-
4.150, Restriction of Emissions of Sulfur Compounds; 10 CSR 10-4.190,
Restriction of Emission of Sulfur Compounds From Indirect Heating
Sources; 10 CSR 10-5.110, Restrictions of Emission of Sulfur Dioxide
for Use of Fuel; and 10 CSR 10-5.150, Emission of Certain Sulfur
Compounds Restricted; effective July 30, 1997.
PART 62--[AMENDED]
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart AA--Missouri
2. Section 62.6350 is amended by adding paragraph (b)(3) to read as
follows:
Sec. 62.6350 Identification of plan.
* * * * *
(b) * * *
(3) A revision to Missouri's 111(d) plan for Sulfuric Acid Mist
from Existing Sulfuric Acid Production Plants which was effective on
August 30, 1996. This revision incorporates the 111(d) requirements
from two existing regulations into a new consolidated regulation.
[FR Doc. 98-22901 Filed 8-26-98; 8:45 am]
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