Approval and Promulgation of Implementation Plans; State of Missouri

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MO 047-1047; FRL-6010-8]

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 the State Implementation Plan

(SIP) revisions submitted by the state of Missouri to broaden the

current visible emission rule exceptions to include smoke generating

devices. This revision would allow smoke generators to be used for

military and other types of training when operated under applicable

requirements.

DATES: Comments must be received on or before June 8, 1998.

ADDRESSES: Comments may be mailed to Kim Johnson, U.S. Environmental

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

Kansas 66101.

FOR FURTHER INFORMATION CONTACT: Kim Johnson at (913) 551-7975.

SUPPLEMENTARY INFORMATION: This amendment broadens the current visible

emission rule exceptions to include smoke generating devices in

general, when a required permit or a written determination that a

permit is not required has been issued. The visible emission rule 10

CSR 10-3.080 is a general limit on opacity from all contaminated

sources located in certain geographic areas in Missouri. The amendment

adds certain categories such as smoke-generating devices to the list of

sources exempted from the opacity limit. The amendment defines a smoke

generating device as a specialized piece of equipment which is not an

integral part of a commercial, industrial, or manufacturing process,

and whose sole purpose is the creation and dispersion of fine solid or

liquid particles in a gaseous medium. This revision would allow smoke

generators to be used for military training at such facilities as Fort

Leonard Wood, as long as such facilities are subject to applicable

permit requirements.

A modeling analysis was used to predict air quality impacts for

Fort Leonard Wood Smoke Training School. Based on the modeling

analysis, the proposed smoke training at Fort Leonard Wood, if operated

under the requirements listed in the prevention of significant

deterioration (PSD) permit, will not exceed the maximum allowable PSD

PM10 increment of 30 g/m\3\ based on a 24-hour

average, and will not cause or contribute to a violation of the

PM10 national ambient air quality standards.

The amendment only exempts units which are subject to permit limits

containing restrictions which ensure that air quality standards will

not be violated, and units with de minimis emissions which have been

determined by Missouri to be exempt from permitting. The EPA believes

that the exemption will not interfere with attainment and maintenance

of the ambient air quality standards.

Proposed Action

The EPA is proposing to approve as a revision to the SIP the

amendment to rule 10 CSR 10-3.080, ``Restriction of Emission of Visible

Air Contaminants,'' submitted by the state of Missouri on July 10,

1996.

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.

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

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 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 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

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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, Incorporation by

reference, Particulate matter, Reporting and recordkeeping

requirements.

Authority: 42 U.S.C. 7401 et seq.

Dated: April 14, 1998.

Dennis Grams,

Regional Administrator, Region VII.

[FR Doc. 98-12149 Filed 5-6-98; 8:45 am]

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