Approval and Promulgation of Implementation Plans; State of Missouri

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MO-9-1-6268; FRL-5023-1]

Approval and Promulgation of Implementation Plans; State of

Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving revisions to the Missouri State

Implementation Plan (SIP) which add new sampling methods to rule 10 CSR

10-6.030, and which revise the numbering scheme for many of the

existing sampling methods in the same rule. These revisions will

improve the enforceability of Missouri's air rules. EPA is not taking

action today on the replacement of Missouri's area-specific incinerator

regulations with comprehensive statewide incinerator regulations which

impose additional emission limits and operating practice requirements.

EFFECTIVE DATE: This final rule will become effective on September 23,

1994.

ADDRESSES: Copies of the materials submitted to EPA may be examined

during normal business hours at: Environmental Protection Agency Region

VII, Air Branch, 726 Minnesota Avenue, Kansas City, Kansas 66101; EPA

Air and Radiation Docket and Information Center, 401 M Street, SW.,

Washington, DC 20460; and the Missouri Department of Natural Resources,

Air Pollution Control Program, Jefferson State Office Building, 205

Jefferson Street, Jefferson City, Missouri 65101.

FOR FURTHER INFORMATION CONTACT: Josh Tapp at the Environmental

Protection Agency Region VII, Air Branch, 726 Minnesota Avenue, Kansas

City, Kansas 66101, (913) 551-7020.

SUPPLEMENTARY INFORMATION:

I. Background

On July 21, 1992, EPA proposed approval of four revisions to the

Missouri SIP. The first of these revisions, which was submitted on July

1, 1991, imposes new statewide requirements on medical and solid waste

incinerators (10 CSR 10-6.160), and sewage sludge and industrial waste

incinerators (10 CSR 10-6.190).

The second revision which was submitted on February 18, 1992,

rescinds existing incinerator rules 10 CSR 10-2.090, 10 CSR 10-3.040,

10 CSR 10-4.080, and 10 CSR 10-5.080.

The third revision which was submitted by Missouri on March 19,

1992, adds new sampling methods to rule 10 CSR 10-6.030. These new

sampling methods address particulate emissions (section (5)(C) and

section (5)(D)), hydrogen chloride emissions (section (15)), dioxin and

furan emissions (section (16)), and mercury emissions (section (17)).

The fourth revision which was submitted on September 20, 1991,

administratively renumbers many of the previously approved sampling

methods in rule 10 CSR 10-6.030. The following amendments were

submitted:

Section (14), (Lead Sampling Methods) will become Section (12);

Section (12) (Fluoride Sampling Methods) will become Section (13); and

Section (13) (Volatile Organic Compound Sampling Methods) will become

Section (14); Section (20) (General Reference Methods) will become

Section (18); and Section (21) (Alternative Sampling Methods) will

become Section (19). These administrative changes represent significant

changes in the rule organization but not the rule content.

State rules with citations referring to the renumbered sampling

methods in rule 10 CSR 10-6.030 were administratively amended to

reference the appropriate sampling method in 10 CSR 10-6.030. These

administrative amendments were also submitted on September 20, 1991. No

substantive changes were made to these rules. The following rules are

amended:

The renumbering of 10 CSR 10-6.030 Section (13) (volatile organic

compound (VOC) sampling methods) to 10 CSR 10-6.030 Section (14)

affects the following rules which cite VOC sampling methods: 10 CSR 10-

2.210, 10 CSR 10-2.230, 10 CSR 10-2.260, 10 CSR 10-2.290, 10 CSR 10-

2.300, 10 CSR 10-2.310, 10 CSR 10-2.320, 10 CSR 10-5.220, 10 CSR 10-

5.300, 10 CSR 10-5.320, 10 CSR 10-5.330, 10 CSR 10-5.360, 10 CSR 10-

5.370, 10 CSR 10-5.390, and 10 CSR 10-5.410. These rules have been

submitted with the appropriate amended citation.

The renumbering of 10 CSR 10-6.030 Section (12) (fluoride emissions

sampling methods) to 10 CSR 10-6.030 Section (13) affects the following

rules which cite fluoride sampling methods: 10 CSR 10-3.160 and 10 CSR

10-6.090. These rules have been submitted with the appropriate amended

citation.

The renumbering of 10 CSR 10-6.030 Section (14) (lead emissions

sampling methods) to 10 CSR 10-6.030 Section (12) affects rule 10 CSR

10-6.120 which cites lead emission sampling methods. This rule has been

submitted with the appropriate amended citation.

For the following rules, citations to 10 CSR 10-6.030 Section (20)

have been replaced by a citation to a specific sampling method in 10

CSR 10-6.030 Section (14): 10 CSR 10-2.280 and 10 CSR 10-5.350. These

rules have been submitted with the appropriate amended citation.

II. Response to Comments

EPA received significant comments opposing its proposal to approve

10 CSR 10-6.160 and 10 CSR 10-6.190. EPA is currently considering these

comments. No significant comments were submitted, however, on those

revisions to 10 CSR 10-6.030 which EPA proposed to approve in its July

21, 1992, Federal Register document.

III. EPA Action

EPA is taking action today to approve the revisions to 10 CSR 10-

6.030 ``Sampling Methods,'' and the renumbering of certain existing

sampling methods which are discussed in the Background Section above.

EPA is also approving the corresponding administrative amendments

that update sampling method references in other Missouri rules to the

corresponding renumbered sampling methods in 10 CSR 10-6.030. EPA's

approval of these other affected rules is limited to the update of the

reference method citation only. These affected rules were addressed in

their entirety in previous Federal Register documents.

EPA is not taking action today on Missouri's recision of its

existing area specific incinerator rules 10 CSR 10-2.090, 10 C.S.R 10-

3.040, 10 CSR 10-4.080, and 10 CSR 10-5.080. Therefore, these rules, as

previously approved by EPA, remain in the SIP and are enforceable by

EPA.

EPA is also not taking action today on new incinerator rules 10 CSR

10-6.160 and 10 CSR 10-6.190. On March 11, 1993, the Missouri Cole

County Circuit Court declared the aforementioned incinerator rules

void. EPA will act on this portion of Missouri's submittal at a later

date.

IV. Administrative Review

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

Air and Radiation. A future document will inform the general public of

these tables. 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 permanent waiver for Table 2 and Table 3 SIP revisions. OMB

has agreed to continue the temporary 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.

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.

With regard to the renumbering of rule 10 CSR 10-6.030 and the

rules with citations to those renumbered sections, EPA has not reviewed

the substance of these regulations at this time. These rules were

approved into the state implementation plan in previous rulemakings.

EPA is now merely approving the renumbering system submitted by the

state. EPA's approval of the renumbering system, at this time, does not

imply any position with respect to the approvability of the substantive

requirements of the rules under current EPA requirements and guidance.

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 (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 section 110 and subchapter I, part D of the

Clean Air Act (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 October 24, 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, Carbon monoxide,

Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate

matter, Reporting and recordkeeping requirements, Volatile organic

compounds.

Dated: June 29, 1994.

Dennis Grams, P.E.,

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)(79) to read

as follows:

Sec. 52.1320 Identification of plan.

* * * * *

(c) * * *

(79) The Missouri Department of Natural Resources submitted an

amendment on March 19, 1992, to add sampling methods to rule 10 CSR 10-

6.030 ``Sampling Methods for Air Pollution Sources.'' On September 20,

1991, Missouri submitted administrative amendments to rule 10 CSR 10-

6.030 which renumber and reorganize sections within that rule. Rules

which reference the renumbered sections of 10 CSR 10-6.030 were also

administratively amended and submitted.

(i) Incorporation by reference.

(A) Revised regulation 10 CSR 10-6.030 ``Sampling Methods for Air

Pollution Sources'' effective September 30, 1991.

(B) Administrative amendments to the sampling citations in the

following rules which are affected by the administrative amendments to

10 CSR 10-6.030: 10 CSR 10-2.210, effective December 12, 1987; 10 CSR

10-2.230, effective November 24, 1988; 10 CSR 10-2.260, effective May

24, 1990; 10 CSR 10-2.280, effective May 13, 1982; 10 CSR 10-2.290,

effective December 24, 1987; 10 CSR 10-2.300, effective December 12,

1987; 10 CSR 10-2.310, effective November 23, 1987; 10 CSR 10-2.320,

effective November 23, 1987; 10 CSR 10-3.160, effective December 11,

1987; 10 CSR 10-5.220, effective May 24, 1990; 10 CSR 10-5.300,

effective March 11, 1989; 10 CSR 10-5.320, effective March 11, 1989; 10

CSR 10-5.330, effective November 26, 1989; 10 CSR 10-5.350, effective

March 11, 1989; 10 CSR 10-5.360, effective March 11, 1989; 10 CSR 10-

5.370, effective March 11, 1989; 10 CSR 10-5.390, effective March 11,

1989; 10 CSR 10-5.410, effective March 11, 1989; 10 CSR 10-6.090,

effective August 13, 1981; and 10 CSR 10-6.120, effective March 14,

1991.

[FR Doc. 94-20737 Filed 8-23-94; 8:45 am]

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