Approval and Promulgation of Implementation Plans; State of Missouri

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MO-24-1-7047a; FRL-5317-7]

Approval and Promulgation of Implementation Plans; State of

Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This final action approves the State Implementation Plan (SIP)

submitted by the state of Missouri. The state's revision expands the

types of testing and monitoring data, including stack and process

monitoring, which can be used directly for compliance certifications

and enforcement.

DATES: This action is effective April 8, 1996 unless by March 7, 1996

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 Branch, 726 Minnesota Avenue,

Kansas City, Kansas 66101; and EPA Air & Radiation Docket and

Information Center, 401 M Street, SW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Joshua A. Tapp at (913) 551-7606.

SUPPLEMENTARY INFORMATION: The EPA believes that existing SIPs

(nationwide) are inadequate for states or EPA to fully implement the

Clean Air Act Amendments, because the SIPs may presently be interpreted

to limit the types of testing or monitoring data that may be used for

determining compliance and establishing violations. On May 11, 1994,

EPA issued a call to the state of Missouri to revise its SIP to clarify

that any monitoring approved for the source (and included in a

Federally enforceable operating permit) may form the basis of the

compliance certification, and that any credible evidence may be used

for purposes of enforcement in Federal court.

On March 13, 1995, Missouri made an official plan submission in

response to the EPA's SIP call. Missouri submitted a new rule, 10 CSR

10-6.280, which appropriately provides for data which have been

collected under the enhanced monitoring and operating permit programs

to be used for compliance certifications and enforcement actions.

Specifically, section (2) of this rule authorizes these data to be used

for compliance certifications, and section (3) authorizes these data to

be considered for enforcement actions.

EPA interprets the language in section 2(c) which states, ``Any

other monitoring methods approved by the Director'' to provide the

Director with the authority to require ``additional'' monitoring

methods, as necessary. Consistent with past and present EPA policy, the

use of substitute sampling methods which are not listed in the rule

would require a revision to the SIP.

This revision will enhance the state's capability for determining

compliance with, and for establishing violations of, the underlying

emission limitations.

EPA Action

EPA is taking final action to approve revisions submitted March 13,

1995, for the state of Missouri.

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 the Federal

Register publication, the EPA is proposing to approve the SIP revision

should adverse or critical comments be filed.

If the EPA receives such comments, this action will be withdrawn

before the effective date by publishing a subsequent notice 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.

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. Secs. 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-

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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)).

The Office of Management and Budget has exempted these actions from

review under Executive Order 12866.

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 April 8, 1996. 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: October 2, 1995.

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)(91) to read

as follows:

Sec. 52.1320 Identification of plan.

* * * * *

(c) * * *

(91) This revision provides for data which have been collected

under the enhanced monitoring and operating permit programs to be used

for compliance certifications and enforcement actions.

(i) Incorporation by reference.

(A) 10 CSR 10-6.280 Compliance Monitoring Usage, effective December

30, 1994.

[FR Doc. 96-2379 Filed 2-5-96; 8:45 am]

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