Approval and Promulgation of Implementation Plans; State of Missouri

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]

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