Approval and Promulgation of Implementation Plans; State of Missouri

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MO-029-1029; FRL-5875-4]

Approval and Promulgation of Implementation Plans; State of

Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is taking final action 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 petroleum 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

during the ozone season. The reduction in emissions is part of the

state's plan under the Clean Air Act (CAA) to reduce ozone levels in

the St. Louis nonattainment area. This action will also ensure progress

toward improved air quality in Kansas City.

DATES: This rule is effective on September 19, 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: Stan Walker at (913) 551-7494.

SUPPLEMENTARY INFORMATION: On December 27, 1996 (61 FR 68199), the EPA

proposed to approve an

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amendment to Missouri rules 10 CSR 10-2.260 and 10 CSR 10-5.220,

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

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 period 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 according to 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 occur throughout each year. This

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 must be completed by the owner or

operator of the facility and provided to the director of the Missouri

Department of Natural Resources. This form provides documentation

certifying that testing requirements have been met. The second form is

a request for exemption form which must be submitted by facility

personnel to be exempt for the testing requirements.

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 requires information documenting that

facilities are eligible facilities for 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.

Response to Comments

Comment: The EPA received one comment with regard to this proposal.

The comment, which was submitted by Farmland Industries, generally

supports the proposed rulemaking. However, the commenter was concerned

that the change in the state regulation would require companies to test

their tank trucks in Missouri even if the testing requirement may have

been fulfilled in another state.

Response: The EPA understands Farmland's concerns and encourages

consistency among states where possible. However, if state regulations

meet Federal requirements as specified in section 110 of the Act and

related provisions, the EPA is required to approve the rule. The EPA

has determined that the rule meets those requirements, and is,

therefore, approving the rule.

In this particular situation, Missouri does provide some

flexibility regarding testing in other states. According to the

Missouri rule, if an owner or operator of a gasoline delivery vessel

can demonstrate, to the satisfaction of the director, that the vessel

has passed a comparable annual leak test in another state, the owner or

operator shall be deemed to have satisfied the requirements of the

Missouri rule. The other state's leak test program must require the

same gauge pressure and test procedures, and the test must be conducted

during the same time period as required under the Missouri rule. For

additional background on this action and the EPA's detailed rationale

for approval, please refer to the Technical Support Document of the

aforementioned notice of proposed rulemaking (61 FR 68199).

I. Final Action

The EPA is taking final action 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

The Office of Management and Budget has exempted this regulatory

action from Executive Order 12866 review.

B. Regulatory Flexibility Act

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)).

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 October 20, 1997. Filing a petition for

reconsideration by the Administrator of this final rule does not affect

the finality of this rule for the

[[Page 44221]]

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: July 31, 1997.

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)(99) to read

as follows:

Sec. 52.1320 Identification of plan.

* * * * *

(c) * * *

(99) Revisions to the ozone attainment plan were submitted by the

Governor on February 1, 1996.

(i) Incorporation by reference.

(A) Missouri Rule 10 CSR 10-2.260, ``Control of Petroleum Liquid

Storage, Loading, and Transfer,'' effective December 30, 1995.

(B) Missouri Rule 10 CSR 10-5.220, ``Control of Petroleum Liquid

Storage, Loading, and Transfer,'' effective December 30, 1995.

[FR Doc. 97-22064 Filed 8-19-97; 8:45 am]

BILLING CODE 6560-50-F