Approval and Promulgation of Implementation Plans; State of Missouri

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MO 15-1-5862; FRL-4833-9]

Approval and Promulgation of Implementation Plans; State of

Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The purpose of this revision to the Missouri State

Implementation Plan (SIP) is to incorporate 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 standards.

This action proposes 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.

DATES: Comments must be received on or before March 7, 1994.

ADDRESSES: Comments may be mailed to Robert J. Lambrechts,

Environmental Protection Agency, Air Branch, 726 Minnesota Avenue,

Kansas City, Kansas 66101.

FOR FURTHER INFORMATION CONTACT: Robert J. Lambrechts at (913) 551-

7846.

SUPPLEMENTARY INFORMATION: The objective of this proposed 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. In 1978, when EPA promulgated the lead National Ambient Air

Quality Standard (NAAQS), it was not authorized to designate areas

nonattainment, attainment, or unclassifiable for lead. Under the Clean

Air Act Amendments of 1990 (CAAA)1, 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. The designations were effective January 6,

1992.

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\1\ The 1990 Amendments to the Clean Air Act made significant

changes to the Act. See Pub. L. No. 101-549, 104 Stat. 2399.

References herein to ``the Act'' or ``CAA'' are to the Clean Air Act

as amended, 42 U.S.C. 7401, et seq.

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1. Lead NSR

The CAAA made numerous changes to the NSR requirements in the Clean

Air Act (CAA). Once an area has been designated nonattainment for lead,

a state is required to adopt a permit program for the construction and

operation of new or modified major stationary sources anywhere in the

nonattainment area. For areas designated nonattainment for the primary

lead NAAQS subsequent to enactment of the 1990 Amendments, section

191(a) requires that within 18 months of designation, states submit

SIPs which, among other nonattainment planning requirements, have a

nonattainment program consistent with the provisions of part D of the

Act, including sections 172 and 173 of the Act as amended. Section

172(c)(5) requires that states submit provisions requiring permits for

the construction and operation of new or modified major stationary

sources anywhere in the nonattainment area in accordance with the

provisions of section 173.

2. Limited Approval/Disapproval Status

EPA is proposing to grant this SIP submittal limited approval

because it does not meet all of the applicable requirements of the

Act2. However, this proposed 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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\2\ 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

carryout the purposes of the Act.

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However, the Missouri rule does not meet all the specific

requirements of part D. These include, among others, requirements for

alternate site analyses as part of NSR for all sources in nonattainment

areas. Therefore, EPA is proposing only a ``limited'' approval of this

SIP. If the state fails to submit the additional revisions, EPA will be

required to issue a limited disapproval at a later date.

3. Impact of this Rule Revision on Kansas City Attainment Status

Missouri's rule change also eliminates the Kansas City metropolitan

area from the definition of nonattainment area, reflecting the

redesignation of Kansas City to attainment for ozone on June 23, 1992

(57 FR 27939). Once an area is redesignated to attainment,

nonattainment NSR requirements are no longer required. The attainment

area is then subject to prevention of significant deterioration

requirements instead of the NSR program. Missouri has amended its rules

consistent with these requirements.

EPA Action

EPA is soliciting public comments on all aspects of this notice and

on issues relevant to EPA's proposed action. Comments will be

considered before taking final action. Interested parties may

participate in the Federal rulemaking procedure by submitting timely

written comments to the address above.

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.

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)).

This action has been classified as a Table 2 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225). On January 6, 1989, the Office of

Management and Budget (OMB) waived Table 2 and 3 SIP revisions from the

requirement of section 3 of Executive Order 12291 for a period of 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 12886 which superseded Executive Order 12291 on

September 30, 1993.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Lead.

Authority: 42 U.S.C. 7401-7671q

Dated: January 21, 1994.

William W. Rice,

Acting Regional Administrator.

[FR Doc. 94-2589 Filed 2-3-94; 8:45 am]

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