[Federal Register Volume 65, Number 250 (Thursday, December 28, 2000)]
[Rules and Regulations]
[Pages 82285-82288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32947]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region 7 Tracking No. 113-1113a; FRL-6923-2]
Approval and Promulgation of Implementation Plans; State of
Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is announcing final approval of a statewide NOX
rule to reduce the emissions of nitrogen oxides ( NOX) and
establish a NOX emissions trading program for the state of
Missouri. This rule is a critical element in the state's plan to attain
the ozone standard in the St. Louis ozone nonattainment area.
DATES: This rule is effective on January 29, 2001.
ADDRESSES: Copies of the state submittals are available at the
following address for inspection during normal business hours:
Environmental Protection Agency, Air Planning and Development Branch,
901 North 5th Street, Kansas City, Kansas 66101.
FOR FURTHER INFORMATION CONTACT: Kim Johnson at (913) 551-7975.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we, us,
or our'' is used, we mean EPA. This section provides additional
information by addressing the following questions:
What is a SIP?
What is the Federal approval process for a SIP?
What does Federal approval of a state regulation mean to me?
What is being addressed in this action?
Have the requirements for approval of a SIP revision been met?
What action is EPA taking?
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 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
EPA for approval and incorporation into the Federally enforceable SIP.
Each Federally approved SIP 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
[[Page 82286]]
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 us for inclusion into the SIP. We 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
us.
All state regulations and supporting information approved by 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
outright but are ``incorporated by reference,'' which means that we
have 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, we
are authorized to take enforcement action against violators. Citizens
are also offered legal recourse to address violations as described in
section 304 of the CAA.
What is Being Addressed in This Document
We are taking final action to approve, as an amendment to
Missouri's SIP, rule 10 CSR 10-6.350, ``Emissions Limitations and
Emissions Trading of Oxides of Nitrogen,'' submitted to us on November
15, 2000. The Missouri rule was adopted by the Missouri Air
Conservation Commission on May 25, 2000, and submitted to EPA for
parallel processing on June 29, 2000. The rule became effective under
state law on August 30, 2000. The November 15, 2000, submittal included
the adopted rule, the comments on the rule during the state's adoption
process, and the state's response to comments, and other information
necessary to meet EPA's completeness criteria. For additional
information on the completeness criteria and on parallel processing,
the reader should refer to EPA's August 24, 2000, proposal, 65 FR
51564, and to 40 CFR Part 51, Appendix V.
The rule requires reductions in NOX emissions by
establishing NOX emissions limitations for large electric
generating units (EGU) which includes any EGU with a nameplate capacity
greater than 25 megawatts across the state, beginning May 1, 2003. EGUs
located in the eastern third of the state are limited to an emission
rate of 0.25 lbs. NOX per million British thermal units per
hour (mmBtu/hr) of heat input during the control period. The EGUs
located in the western two-thirds of the state are limited to the less
stringent rate of 0.35 lbs. NOX mmBtu/hr of heat input
during the control period. The control period begins on May 1 and ends
on September 30 of the same calendar year, which is when ozone
formation is most likely to occur at unhealthful levels.
The rule also establishes a trading program for the state of
Missouri to allow the affected EGUs' flexibility in meeting the
requirements of this rule.
For more background information and further discussion of the
Missouri rule, please refer to the proposal for this rulemaking
published on August 24, 2000, at 65 FR 51564. No comments were received
during the public comment period regarding this rule action. EPA
proposed action through parallel processing because the rule was not
yet effective under state law. The final effective rule is the same as
the rule submitted to us on June 29, 2000, on which the proposal was
based.
This rule is a critical element in the state's plan to attain the
ozone standard in the St. Louis ozone nonattainment area. The state of
Missouri has assessed the statewide impacts of NOX emissions
and has imposed the reductions specified in this rule to demonstrate
attainment of the ozone NAAQS in the St. Louis nonattainment area.
EPA's proposal on the attainment demonstration, in 65 FR 20404, April
17, 2000, includes a detailed discussion of the role of regional
NOX emission reductions in attainment of the ozone standard
in the St. Louis area.
As explained in EPA's proposal, the state is committed to
evaluating the effectiveness of the rule in achieving necessary
NOX reductions. The commitment is reflected in a letter
submitted by Missouri to EPA on August 8, 2000. We intend to review the
annual demonstration submitted by Missouri. If necessary, we may
exercise our authorities under sections 110 and 179 of the Act to
require further action to remedy shortfalls, if any, in the
NOX reduction program, when it is implemented.
As also explained in the proposal, our evaluation of the statewide
NOX rule is not related to the obligations which Missouri
may subsequently have under EPA's regional NOX reduction
rule (the NOX SIP call). That rule requires that certain
states develop regional NOX controls to address
contributions to downwind nonattainment of the ozone standard in the
eastern portion of the country. In response to a recent judicial remand
of the SIP call as it relates to Missouri, EPA intends to undertake
rulemaking to establish regional NOX requirements for a
portion of Missouri. When that rulemaking is completed, we anticipate
that it will establish separate NOX reduction requirements
to address contributions by Missouri sources to ozone nonattainment in
other areas. The state would then be required to take subsequent
action, pursuant to the NOX SIP call, to ensure
NOX emissions address long-range transport, and we would
then take separate rulemaking action on Missouri's response to the
NOX SIP call.
Have the Requirements for Approval of a SIP Revision Been Met
The state submittal has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submittal also
satisfied the completeness criteria of 40 CFR Part 51, Appendix V. In
addition, as explained above and in more detail in the technical
support document which is part of this document, the revision meets the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations.
What Action is EPA Taking
We are taking final action to approve as an amendment to the
Missouri SIP rule 10 CSR 10-6.350, ``Emissions Limitations and
Emissions Trading of Oxides of Nitrogen,'' submitted to us on November
15, 2000. This rule is a critical element in the state's plan to attain
the ozone standard in the St. Louis ozone nonattainment area.
Administrative Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601
[[Page 82287]]
et seq.). Because this rule approves preexisting requirements under
state law and does not impose any additional enforceable duty beyond
that required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Public Law 104-4). For the same
reason, this rule also does not significantly or uniquely affect the
communities of tribal governments, as specified by Executive Order
13084 (63 FR 27655, May 10, 1998). This rule will not have substantial
direct effects on the states, on the relationship between the national
government and the states, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it
merely approves a state rule implementing a Federal standard, and does
not alter the relationship or the distribution of power and
responsibilities established in the CAA. This rule also is not subject
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is
not economically significant.
In reviewing SIP submissions, our role is to approve state choices,
provided that they meet the criteria of the CAA. In this context, in
the absence of a prior existing requirement for the state to use
voluntary consensus standards (VCS), we have no authority to disapprove
a SIP submission for failure to use VCS. It would thus be inconsistent
with applicable law for EPA, when it reviews a SIP submission, to use
VCS in place of a SIP submission that otherwise satisfies the
provisions of the CAA. Thus, the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply. As required by section 3 of Executive Order 12988
(61 FR 4729, February 7, 1996), in issuing this rule, we have taken the
necessary steps to eliminate drafting errors and ambiguity, minimize
potential litigation, and provide a clear legal standard for affected
conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March
15, 1988) by examining the takings'' implications of the rule in
accordance with the ``Attorney General's Supplemental Guidelines for
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued
under the Executive Order. This rule does not impose an information
collection burden under the provisions of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
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. We will submit a report containing this rule and other
required information to the United States Senate, the United States
House of Representatives, and the Comptroller General of the United
States prior to publication of the rule in the Federal Register. A
major rule cannot take effect until 60 days after it is published in
the Federal Register. This action is not a ``major rule'' as defined by
5 U.S.C. 804(2).
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 26, 2001. 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 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.
Dated: December 15, 2000.
Thomas F. Hogan,
Acting Regional Administrator, Region 7.
[[Page 82288]]
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:
a. In the table to paragraph (c) by adding in numerical order an
entry ``10-6.350''; and
b. In the table to paragraph (e) by adding to the end of that table
a new entry.
The additions read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Missouri Regulations
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Missouri citation Title State effective date EPA approval date Explanation
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Missouri Department of Natural Resources
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* * * * * * *
Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of Missouri
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* * * * * * *
10-6.350.......................... Emissions Limitations and Emissions 8/30/00 12/28/00
Trading of Oxides of Nitrogen. [insert FR cite]
* * * * * * *
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Sec. 52.1320 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Missouri Nonregulatory SIP Provisions
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Name of nonregulatory SIP Applicable geographic or nonattainment
provision area State submittal date EPA approval date Explanation
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* * * * * * *
Commitments with respect to Statewide............................. 8/8/00 12/28/00
implementation of rule 10 CSR 10- [insert FR cite]
6.350, Emissions Limitations and
Emissions Trading of Oxides of
Nitrogen.
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[FR Doc. 00-32947 Filed 12-27-00; 8:45 am]
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