Approval and Promulgation of Implementation Plan and State Operating Permit Program; State of Missouri

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[MO 014-1014; FRL-5698-8]

Approval and Promulgation of Implementation Plan and State

Operating Permit Program; 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's rule 10 CSR 10-6.110,

Submission of Emission Data, Emission Fees, and Process Information.

This rule also clarifies the requirements for the payment of emission

fees to support Missouri's Title V program and was submitted as part of

the state's plan to comply with Title V of the Clean Air Act (CAA).

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DATES: Comments must be received on or before April 4, 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.

SUPPLEMENTARY INFORMATION:

I. Background

On February 1, 1996, the state of Missouri submitted revisions to

Missouri rule 10 CSR 10-6.110 as part of the SIP and to comply with the

operating permit requirement outlined in Title V of the CAA as amended

(1990). A public hearing was held on July 27, 1996.

A. Missouri's SIP Submission

Revisions to the rule provide procedures for collecting, recording,

and submitting emission data and process information on state-supplied

Emission Inventory Questionnaires (EIQ) and Emission Statement forms,

or in a format satisfactory to the Director. This is necessary so the

state can calculate emissions for state air resource planning. As

specified in sections 182(a)(3)(B) and 182(b) of the CAA, emission

statements are required of certain facilities in nonattainment areas.

Emission statements are required if the actual emissions of either

nitrogen oxide, volatile organic compounds, or carbon monoxide are

equal to or greater than ten tons annually. Facilities must report

emissions of each pollutant if they meet the ten-ton threshold for any

of the three.

An amendment to the rule also establishes emission factor

approvability and procedures for adjusting emission fees. Also, the

amendment revises the use of the terms ``contaminant'' and

``pollution'' to reflect definitions in 10 CSR 10-6.020.

B. Proposed Approval of Revision to Missouri's Part 70 Operating Permit

Program

One amendment to Missouri rule 10 C.S.R. 10-6.110, changes section

(1), ``Applicability,'' to include a provision that all installations

required to obtain permits under 10 C.S.R. 10-6.060 or 10 C.S.R. 10-

6.065 to file an EIQ as outlined in the reporting frequency table in

subsection (2)(E). Installations, however, can prove to the staff

director that their potential emissions are below de minimis levels and

that they should be exempt. The purpose of this change is to remove

exemptions that were not intended by the Missouri legislature.

Consequently, all air contaminant sources required to obtain a permit

must pay emission fees. This rule requires subject facilities to submit

emission information and emission fees, and makes emission data

available to the public. Reference to rules 10 CSR 10-6.060 and 10 CSR

10-6.065, as well as changes to Section (5) of the rule, relate to

Missouri's Title V program covered under 40 CFR Part 70.

The revision to Section (5) of Missouri rule 10 CSR 10-6.110

clarifies language related to payment of fees by charcoal kilns. This

particular change relates to Missouri's Operating Permits Program, as

specified in the Missouri statutes, which was previously approved by

the EPA on April 4, 1996 (61 FR 16063).

II. Proposed Action

The EPA is proposing to approve revisions to Missouri's SIP and

Missouri's Title V Operating Permit Program concerning Missouri rule 10

CSR 10-6.110, ``Submission of Emission Data, Emission Fees, and Process

Information.''

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.

III. Administrative Requirements

A. Docket

Copies of the state submittal and other information relied upon for

the proposed approval are contained in a docket maintained at the EPA

Regional 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 proposed approval. The docket is available for

public inspection at the location listed under the ADDRESSES section of

this document.

B. Executive Order (E.O.) 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.

C. Regulatory Flexibility Act

Under the Regulatory Flexibility Act, 5. U.S.C. Sec. 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 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)).

D. 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 pre-

existing 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.

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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.

List of Subjects in 40 CFR Part 70

Environmental protection, Administrative practice and procedure,

Air pollution control, Intergovernmental relations, Operating permits,

Reporting and recordkeeping requirement.

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

Dated: February 5, 1997.

William Rice,

Acting Regional Administrator.

[FR Doc. 97-5422 Filed 3-4-97; 8:45 am]

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