Approval and Promulgation of Implementation Plans; State of Missouri

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MO-010-1010; FRL-5671-3]

Approval and Promulgation of Implementation Plans; State of

Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to approve revisions to Missouri's State

Implementation Plan (SIP) concerning Missouri rules 10 CSR 10-2.260 and

10 CSR 10-5.220, ``Control of Petroleum Liquid Storage, Loading, and

Transfer.'' The purpose of these revisions is to modify the required

testing periods for delivery vessels in the Kansas City metropolitan

area and in the St. Louis nonattainment area. These revisions are

designed to reduce volatile organic compound emissions from the loading

and unloading of gasoline delivery vessels. The reduction in emissions

is part of the state's plan under the Clean Air Act to reduce ozone

levels in the St. Louis nonattainment area. This action will also

ensure progress toward improved air quality in Kansas City.

DATES: Comments must be received on or before January 27, 1997.

ADDRESSES: Comments may be mailed to Stan Walker, Environmental

Protection Agency, Air Branch, 726 Minnesota Avenue, Kansas City,

Kansas 66101.

FOR FURTHER INFORMATION CONTACT: Stan Walker at (913) 551-7494.

[[Page 68200]]

SUPPLEMENTARY INFORMATION: On February 1, 1996, the state of Missouri

submitted revisions to Missouri rules 10 CSR 10-2.260 and 10 CSR 10-

5.220, ``Control of Petroleum Liquid, Storage, Loading, and Transfer.''

These revisions were adopted after proper notice and public hearing.

The hearing was held on July 27, 1995. Revisions to 10 CSR 10-2.260 are

being submitted to help Kansas City maintain the ozone standard.

Revisions to 10 CSR 10-2.250 are being submitted as part of the state's

plan to attain the ozone standard in St. Louis.

The amendment to Missouri rule 10 CSR 10-2.260 (specific to the

Kansas City metropolitan area) changes the periods for testing tank

trucks that have rubber hoods from April 1 through July 1 to January 1

through May 30 of each year. The purpose of requiring tank trucks with

rubber hoods to be tested during the aforementioned schedule is to give

the state an opportunity to identify problems or possible leaks in the

gasoline transfer process before the ozone season. The testing period

for aluminum hoods will take place in the period of January 1 through

December 31 of each year. Requiring tank trucks with aluminum hoods to

be tested during the previously mentioned schedule provides the state

the opportunity to test trucks before the ozone season, but also

provides the flexibility to continue testing throughout the year. In

addition, the revisions add two forms for reporting. One form is a leak

test application which is to be completed by the owner or operator of

the facility and provided to the director. The second form is a request

for exemption form which is to be completed by facility personnel to

request an exemption.

The amendment to Missouri rule 10 CSR 10-5.220 (specific to the St.

Louis nonattainment area) requires bulk plants to use two new forms.

One form requires bulk plants to report the throughput when they apply

for an exemption. This form provides documentation for eligible

facilities to seek an exemption. The second revision requires sources

to submit an application form to obtain a sticker that certifies

passage of required tests by gasoline tank trucks.

I. Proposed Action

The EPA is proposing to approve amendments to rules 10 CSR 10-2.260

and 10 CSR 10-5.220 as a revision to the Missouri SIP.

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

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995, memorandum from Mary Nichols, Assistant Administrator

for Air and Radiation. The Office of Management and Budget has exempted

this regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act, 5. U.S.C. 600 et seq., the

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, the 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 requirement, but simply

approve requirements that the state is already imposing. Therefore,

because the Federal SIP approval does not impose any new requirements,

the Administrator 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 the 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)).

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 proposed 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.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Ozone, Reporting and recordkeeping requirements, Volatile

organic compounds.

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

Dated: November 26, 1996.

Dennis Grams,

Regional Administrator.

[FR Doc. 96-32971 Filed 12-26-96; 8:45 am]

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