Approval and Promulgation of Implementation Plans and State Operating Permit Programs; State of Missouri

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[MO 021-1021; FRL-5817-5]

Approval and Promulgation of Implementation Plans and State

Operating Permit Programs; State of Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is fully approving the operating permit program

submitted by the state of Missouri for the purpose of complying with

Federal requirements for an approvable state program to issue operating

permits to all major stationary sources and certain other sources.

The EPA is also approving a revision to the Missouri State

Implementation Plan (SIP) which updates references and modifies the

Missouri intermediate operating permit program. SIP approval of revised

state rules ensures that the SIP is current and permits Federal

enforceability of the state rules.

DATES: This rule is effective on June 13, 1997.

ADDRESSES: Copies of the documents relevant to this action are

available for public inspection during normal business hours at the:

Environmental Protection Agency, Air Planning and Development Branch,

726 Minnesota Avenue, Kansas City, Kansas 66101; and the EPA Air &

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

DC 20460.

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

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

A. Part 70 Program

The Clean Air Act (Act) and its implementing regulations at 40 CFR

Part 70 require that states develop and submit operating permit

programs to the EPA by November 15, 1993, and that the EPA act to

approve or disapprove each program within one year after receiving a

complete submittal. The EPA reviews state programs pursuant to section

502 of the Act and the Part 70 regulations, which together outline the

criteria for approval or disapproval. Where a program substantially,

but not fully, meets the requirements of 40 CFR Part 70, the EPA may

grant the program interim approval for a period of up to two years. If

a state does not have an approved program within two years of interim

approval, the EPA must establish and implement a Federal operating

permits program for that state.

The EPA published a notice of interim approval of the Missouri

operating permit program on April 11, 1996. The revisions required by

the EPA for full approval of the state's program were discussed fully

in that notice and accompanying technical support document. Missouri

made the required revisions to its program and submitted that

information, along with a request for full approval, to the EPA on

August 6, 1996. Consequently, on December 3, 1996, the EPA published a

notice proposing full approval. This notice explained the EPA's

rationale for finding that Missouri had corrected the deficiencies that

were the basis for the interim approval.

B. Section 112(g) and Section 112(l) Programs

In the April 11, 1996, interim approval notice, the EPA approved

the state's preconstruction review program for the purpose of

implementing the 112(g) requirements. This approval remains in effect.

The EPA issued a final 112(g) rule on December 27, 1996. The state has

18 months from the effective date of the rule to adopt an equivalent

program.

[[Page 26406]]

In the April 11, 1996, Federal Register notice, the EPA granted

full approval of the state's program under section 112(l)(5) and 40 CFR

Part 63.91. It also ratified prior delegations to Missouri for

implementation of certain national emission standards for hazardous air

pollutants for which Missouri had requested and received delegation

prior to approval of the state's section 112(l) program. This approval

gives the state the authority to implement section 112 standards as

promulgated without changes for both Part 70 and non-Part 70 sources.

The EPA is reaffirming this approval.

C. SIP Program

In the December 3, 1996, notice, the EPA also proposed to approve

revisions to the state SIP submitted pursuant to section 110 of the

Act. These revisions update references in rule 10 CSR 10-6.020, and

modify the insignificant activities provisions in rule 10 CSR 10-6.065

with regard to the state's intermediate operating permit program in

subsection 4(G). The provisions of this subsection apply to Missouri's

basic and intermediate operating permit programs. The EPA is approving

the revisions to this subsection only to the extent that they apply to

the intermediate program. The Missouri basic operating permit program

is not a Federally approved program, and the EPA is not taking action

on the revisions as they relate to that program.

II. Final Action and Implementation

A. Part 70 Program

No comments were received during the public comment period on the

proposed approval of the state's revisions relating to the Part 70

program. Consequently, the EPA is now taking final action to grant full

approval of the Missouri Part 70 operating permit program. This

approval extends to relevant portions of the following Missouri rules:

10 CSR 10-6.020, Definitions and Common Reference Tables; 10 CSR 10-

6.065, Operating permits; and 10 CSR 10-6.110, Submission of Emission

Data, Emission Fees and Process Information.

B. SIP Program

No comments were received during the public comment period on the

proposed approval of the SIP revisions relating to rules 10 CSR 10-

6.020 and 10 CSR 10-6.065. Therefore, the EPA is granting final

approval of these revisions to Missouri's SIP. The EPA is approving the

revisions to section 4(G) of rule 10 CSR 10-6.065 as they relate to the

intermediate operating permit program, which was approved by the EPA on

September 25, 1995.

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.

SIP approvals under section 110 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, 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)).

III. Administrative Requirements

A. Docket

Copies of the Missouri submittal and other information relied upon

for the final approval are contained in the docket maintained at the

EPA Region VII office. The docket is an organized and complete file of

all the information submitted to or otherwise considered by the EPA in

the development of this final interim approval. The docket is available

for public inspection at the location listed under the ADDRESSES

section of this document.

B. 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 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 Executive Order 12866 review.

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 promulgated 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.

D. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, the EPA submitted a report

containing this rule and other required information to the U.S. Senate,

the U.S. House of Representatives, and the Comptroller General of the

General Accounting Office prior to publication of this rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

E. Petitions for Judicial Review

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 14, 1997. 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

40 CFR Part 52

Environmental protection, Administrative practice and procedure,

Air pollution control, Carbon monoxide,

[[Page 26407]]

Hydrocarbons, Incorporation by reference, Intergovernmental relations,

Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and

recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

40 CFR Part 70

Environmental protection, Administrative practice and procedure,

Air pollution control, Intergovernmental relations, Operating permits,

Reporting and recordkeeping requirements.

Dated: April 2, 1997.

Dennis Grams,

Regional Administrator.

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)(96) to read

as follows:

Sec. 52.1320 Identification of plan.

* * * * *

(c) * * *

(96) A revision to the Missouri SIP submitted by the Missouri

Department of Natural Resources on August 6, 1996, pertaining to its

intermediate operating permit program. The EPA is not approving

provisions of the rules which pertain to the basic operating permit

program.

(i) Incorporation by reference.

(A) Regulations 10 CSR 10-6.020, Definitions and Common Reference

Tables, effective June 30, 1996; and 10 CSR 10-6.065, Operating

Permits, effective June 30, 1996, except sections (4)(A), (4)(B), and

(4)(H).

PART 70--[AMENDED]

1. The authority citation for part 70 continues to read as follows:

Authority: 42 U.S.C. 741, et seq.

2. Appendix A to part 70 is amended by adding paragraph (b) to the

entry for Missouri to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating

Permits Programs

* * * * *

Missouri

(a) * * *

(b) The Missouri Department of Natural Resources program

submitted on January 13, 1995; August 14, 1995; September 19, 1995;

October 16, 1995; and August 6, 1996.

Full approval effective June 13, 1997.

* * * * *

[FR Doc. 97-12631 Filed 5-13-97; 8:45 am]

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