Approval and Promulgation of Implementation Plans; Missouri; Designation of Areas For Air Quality Planning Purposes

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region VII Docket No. 056-1056a; FRL-6206-1]

Approval and Promulgation of Implementation Plans; Missouri;

Designation of Areas For Air Quality Planning Purposes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final

action to approve certain portions of the Missouri construction permits

rule as an amendment to the Missouri State Implementation Plan (SIP).

These revisions make minor corrections to the ``Construction Permits

Required'' rule to increase readability and correct typographical and

punctuation errors.

DATES: This direct final rule is effective on February 22, 1999 without

further notice, unless the EPA receives adverse comment by January 21,

1999. 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 addressed to Kim Johnson, Environmental

Protection Agency, Air Planning and Development Branch, 726 Minnesota

Avenue, Kansas City, Kansas 66101.

Copies of the state submittal(s) are available at the following

addresses for inspection during normal business hours: Environmental

Protection Agency, Air Planning and Development Branch, 726 Minnesota

Avenue, Kansas City, Kansas 66101; and the Environmental Protection

Agency, Air and Radiation Docket and Information Center, Air Docket

(6102), 401 M Street, SW, Washington, DC 20460.

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

SUPPLEMENTARY INFORMATION:

What Is a SIP?

Section 110 of the Clean Air Act (CAA) requires states to develop

air pollution regulations and control strategies to ensure that state

air quality meets the national ambient air quality standards

established by the EPA. These ambient standards are established under

section 109 of the CAA, and they currently address six criteria

pollutants. These pollutants are: carbon monoxide, nitrogen dioxide,

ozone, lead, particulate matter, and sulfur dioxide.

Each state must submit these regulations and control strategies to

the EPA for approval and incorporation into the Federally enforceable

SIP.

Currently each state has a Federally approved SIP which protects

air quality primarily by addressing air pollution at its point of

origin. These SIPs can be extensive, containing state regulations or

other enforceable documents and supporting information such as emission

inventories, monitoring networks, and modeling demonstrations.

What Is the Federal Approval Process for a SIP?

In order for state regulations to be incorporated into the

Federally enforceable SIP, states must formally adopt the regulations

and control strategies consistent with state and Federal requirements.

This process generally includes a public notice, public hearing, public

comment period, and a formal adoption by a state-authorized rulemaking

body.

Once a state rule, regulation, or control strategy is adopted, the

state submits it to the EPA for inclusion into the SIP. The EPA must

provide public notice and seek additional public comment regarding the

proposed Federal action on the state submission. If adverse comments

are received, they must be addressed prior to any final Federal action

by the EPA.

All state regulations and supporting information approved by the

EPA under section 110 of the CAA are incorporated into the Federally

approved SIP. Records of such SIP actions are maintained in the Code of

Federal Regulations (CFR) at Title 40, Part 52 entitled ``Approval and

Promulgation of Implementation Plans.'' The actual state regulations

which are approved are not reproduced in their entirety in the CFR but

are ``incorporated by reference,'' which means that the EPA has

approved a given state regulation with a specific effective date.

What Does Federal Approval of a State Regulation Mean to me?

Enforcement of the state regulation before and after it is

incorporated into the Federally approved SIP is primarily a state

responsibility. However, after the regulation is Federally approved,

the EPA is authorized to take enforcement action against violators.

Citizens are also offered legal recourse to address violators as

described in the CAA.

What is Being Addressed in this Notice?

The revision to Rule 10 CSR 10-6.060, ``Construction Permits

Required,'' makes minor changes to the existing rule to increase

readability, correct typographical and punctuation errors, and maintain

consistency with the Federal regulations. For example, changing

``annual geometric mean'' to ``annual arithmetic mean'' when referring

to the total suspended particulate matter makes this rule consistent

with the Federal regulations.

What Is not Being Addressed in This Notice?

The revision also adds a Section (9) to the rule which implements

112(g) requirements of the 1990 CAA Amendments. Section 112(g) of the

CAA requires states to develop ``case-by-case'' maximum achievable

control technology (MACT) standards if the EPA has not issued a MACT

standard for that particular type of hazardous air pollutant source.

These ``case-by-case'' standards apply to industries that are major

sources of hazardous air pollutants and plan to construct or

reconstruct before a standard is set.

We will not act on Section (9) in this action because it is a part

of the Section 112 Air Toxics Program and not a part of the Section 110

Criteria Pollutant Program.

What Action Is the EPA Taking?

The EPA is processing this action as a direct final because the

revisions make minor corrections to the existing rule which are

noncontroversial. Therefore, we do not anticipate any adverse comments.

Conclusion

Final Action

The EPA is taking final action to approve, as an amendment to the

SIP, the revision to Rule 10 CSR 10-6.060, ``Construction Permits

Required,'' submitted by the state of Missouri on May 28, 1998, except

Section (9).

The EPA is publishing this rule without prior proposal because the

Agency views this as a noncontroversial submittal 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

adverse comments be filed. This rule will be effective February 22,

1999 without further notice unless the Agency receives adverse comments

by January 21, 1999.

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

document withdrawing the final rule and informing the public that the

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

addressed in a

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subsequent final rule based on the proposed rule. The EPA will not

institute a second comment period. Parties interested in commenting

should do so at this time. If no such comments are received, the public

is advised that this rule will be effective on February 22, 1999, and

no further action will be taken on the proposed rule.

Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from Executive Order (E.O.) 12866, entitled

``Regulatory Planning and Review.''

B. Executive Order 12875

Under E.O. 12875, the EPA may not issue a regulation that is not

required by statute and that creates a mandate upon a state, local or

tribal government, unless the Federal government provides the funds

necessary to pay the direct compliance costs incurred by those

governments, or the EPA consults with those governments. If the EPA

complies by consulting, E.O. 12875 requires the EPA to provide to the

OMB a description of the extent of the EPA's prior consultation with

representatives of affected state, local and tribal governments, the

nature of their concerns, copies of any written communications from the

governments, and a statement supporting the need to issue the

regulation. In addition, E.O. 12875 requires the EPA to develop an

effective process permitting elected officials and other

representatives of state, local and tribal governments ``to provide

meaningful and timely input in the development of regulatory proposals

containing significant unfunded mandates.''

Today's rule does not create a mandate on state, local or tribal

governments. The rule does not impose any enforceable duties on these

entities. Accordingly, the requirements of section 1(a) of E.O. 12875

do not apply to this rule.

C. Executive Order 13045

Protection of Children from Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997) applies to any rule that: (1) is

determined to be ``economically significant'' as defined under E.O.

12866, and (2) concerns an environmental health or safety risk that the

EPA has reason to believe may have a disproportionate effect on

children. If the regulatory action meets both criteria, the Agency must

evaluate the environmental health or safety effects of the planned rule

on children, and explain why the planned regulation is preferable to

other potentially effective and reasonably feasible alternatives

considered by the Agency.

This rule is not subject to E.O. 13045 because it does not involve

decisions intended to mitigate environmental health or safety risks.

D. Executive Order 13084

Under E.O. 13084, the EPA may not issue a regulation that is not

required by statute, that significantly or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by the tribal governments, or EPA consults with those

governments. If EPA complies by consulting, E.O. 13084 requires the EPA

to provide to the OMB, in a separately identified section of the

preamble to the rule, a description of the extent of the EPA's prior

consultation with representatives of affected tribal governments, a

summary of the nature of their concerns, and a statement supporting the

need to issue the regulation. In addition, E.O. 13084 requires the EPA

to develop an effective process permitting elected officials and other

representatives of Indian tribal governments ``to provide meaningful

and timely input in the development of regulatory policies on matters

that significantly or uniquely affect their communities.''

Today's rule does not significantly or uniquely affect the

communities of Indian tribal governments. This action does not involve

or impose any requirements that affect Indian tribes. Accordingly, the

requirements of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility Act (RFA)

The RFA 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

because 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 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 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. EPA, 427 U.S. 246,

255-66 (1976); 42 U.S.C. 7410(a)(2).

F. 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

annual 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 annual 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.

G. 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 U.S. Comptroller General prior to publication

of the rule in the Federal Register. This

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rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

H. 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 February 22, 1999. 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 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: December 2, 1998.

William Rice,

Acting Regional Administrator, Region VII.

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)(110) to read

as follows:

Sec. 52.1320 Identification of plan.

* * * * *

(c) * * *

(110) On May 28, 1998, the Missouri Department of Natural Resources

submitted revisions to the construction permits rule.

(i) Incorporation by reference.

(A) Missouri Rule 10 CSR 10-6.060, ``Construction Permits

Required,'' except Section (9), effective April 30, 1998.

[FR Doc. 98-33835 Filed 12-21-98; 8:45 am]

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