Approval and Promulgation of Implementation Plans; State of Missouri

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MO 049-1049a; FRL-6118-3]

Approval and Promulgation of Implementation Plans; State of

Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This final action approves revised Missouri rule 10 CSR 10-

6.030 as a revision to the Missouri State Implementation Plan (SIP).

This rule revision was submitted by the state of Missouri to

incorporate the most current EPA guidance on capture efficiency methods

for volatile organic compound emission control systems.

DATES: This direct final rule is effective on September 8, 1998 without

further notice, unless the EPA receives adverse comment by August 7,

1998. If adverse comment is received, the EPA will publish a timely

withdrawal of the direct final rule in the Federal Register and inform

the public that the rule will not take effect.

ADDRESSES: Comments may be mailed to Kim Johnson, Environmental

Protection Agency, Air Planning and Development Branch, 726 Minnesota

Avenue, Kansas City, Kansas 66101. 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: Kim Johnson at (913) 551-7975.

SUPPLEMENTARY INFORMATION: This revision to Missouri rule 10 CSR 10-

6.030 incorporates capture efficiency methods as identified in the

EPA's February 7, 1995, memorandum entitled, ``Revised Capture

Efficiency Guidance for Control of Volatile Organic

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Compound Emissions,'' and the EPA's January 9, 1994, technical document

entitled, ``Guidelines for Determining Capture Efficiency.'' Capture

efficiency is the measure of the fraction of all organic vapors

generated by a process that are directed to an abatement or recovery

device. Capture efficiency and destruction efficiency need to be

determined in order to calculate the overall control efficiency of any

control device.

The EPA's Revised Capture Efficiency Guidance Document is the

result of a 12-month EPA study of alternatives with potential to reduce

capture efficiency testing costs. This guidance document reduces costs

by recommending protocols, presenting criteria by which alternative

procedures can be approved, and establishing the reporting requirements

for using alternative procedures. Guidelines are also included for

selecting and testing representative process lines at a facility and

for testing multiple lines in combination.

This rule amendment also incorporates specific methods to determine

capture efficiency for automobile and light-duty truck topcoat

operations entitled, ``Protocol for Determining the Daily Volatile

Organic Compound Emission Rate of Automobile and Light-Duty Truck

Topcoat Operations,'' as amended by Section 23-Determining Spraybooth

VOC Capture Efficiency dated March 8, 1996.

I. Final Action

The EPA is taking final action to approve as a revision to the SIP

the amendment to rule 10 CSR 10-6.030, ``Sampling Methods for Air

Pollution Sources,'' submitted by the state of Missouri on December 17,

1996.

The EPA is publishing this rule without prior proposal because the

Agency views this as a noncontroversial amendment and anticipates no

adverse comments. However, in the proposed rules section of this

Federal Register publication, the EPA is publishing a separate document

that will serve as the proposal to approve the SIP revision should

relevant adverse comments be filed. This rule will be effective

September 8, 1998 without further notice unless the Agency receives

relevant adverse comments by August 7, 1998.

If the EPA receives such comments, then the EPA will publish a

document withdrawing the final rule and informing the public that the

rule did not take effect. All public comments received will then be

addressed in a subsequent final rule based on the proposed rule. The

EPA will not institute a second comment period on the proposed rule.

Only parties interested in commenting on the proposed rule should do so

at this time. If no such comments are received, the public is advised

that this rule will be effective on September 8, 1998 and no further

action will be taken on the proposed rule.

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 Orders 12866 and 13045

The Office of Management and Budget has exempted this regulatory

action from Executive Order 12866 review.

The final rule is not subject to Executive Order 13045, entitled

``Protection of Children from Environmental Health Risks and Safety

Risks,'' because it is not an ``economically significant'' action under

Executive Order 12866.

B. Regulatory Flexibility

The Regulatory Flexibility Act generally requires an agency to

conduct a regulatory flexibility analysis of any rule subject to notice

and comment rulemaking requirements unless the agency certifies that

the rule will not have a significant economic impact on a substantial

number of small entities. Small entities include small businesses,

small not-for-profit enterprises, and small governmental jurisdictions.

This final rule will not have a significant impact on a substantial

number of small entities.

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 create any new requirements,

I certify that this action will not have a significant economic impact

on a substantial number of small entities. Moreover, due to the nature

of the Federal-state relationship under the CAA, preparation of a

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, 255-66 (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

the 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 Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect, the agency promulgating

the rule must submit a rule report, which includes a copy of the rule,

to each House of the Congress and to the Comptroller General of the

United States. The EPA will submit 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 United States prior

to publication of the rule in the 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 September 8, 1998. Filing a petition for

reconsideration by the Administrator of this final rule does not affect

the finality of this rule for the

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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, Incorporation by

reference, Reporting and recordkeeping requirements, Volatile organic

compounds.

Dated: June 12, 1998.

William Rice,

Acting Regional Administrator, Region VII.

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 et seq.

Subpart AA--Missouri

2. Section 52.1320 is amended by adding paragraph (c)(106) to read

as follows:

Sec. 52.1320 Identification of plan.

* * * * *

(c) * * *

(106) On December 17, 1996, the Missouri Department of Natural

Resources submitted a revised rule pertaining to capture efficiency.

(i) Incorporation by reference.

(A) Revised regulation 10 CSR 10-6.030 entitled, ``Sampling Methods

for Air Pollution Sources,'' effective November 30, 1996.

[FR Doc. 98-17973 Filed 7-7-98; 8:45 am]

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