[Federal Register Volume 70, Number 61 (Thursday, March 31, 2005)]
[Proposed Rules]
[Pages 16472-16474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6370]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R07-OAR-2005-MO-0003; FRL-7894-2]
Approval and Promulgation of Implementation Plans; State of
Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve an amendment to the statewide
NOX rule for the state of Missouri. This document summarizes
the changes to the rule. This rule is a critical element in the state's
plan to maintain the 1-hour ozone standard in the St. Louis maintenance
area and will help reduce ozone concentrations in the area in the
future. This action is necessary to begin the process of incorporating
the amended rule into Missouri's ozone SIP.
DATES: Comments must be received on or before May 2, 2005.
ADDRESSES: Submit your comments, identified by Regional Material in
EDocket (RME) ID Number R07-OAR-2005-MO-0003, by one of the following
methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. Agency Web site: http://docket.epa.gov/rmepub/. RME, EPA's
electronic public docket and comment system, is EPA's preferred method
for receiving comments. Once in the system, select ``quick search,''
then key in the appropriate RME Docket identification number. Follow
the on-line instructions for submitting comments.
3. E-mail: [email protected].
4. Mail: Michael Jay, Environmental Protection Agency, Air Planning
and Development Branch, 901 North 5th Street, Kansas City, Kansas
66101.
5. Hand Delivery or Courier. Deliver your comments to Michael Jay,
Environmental Protection Agency, Air Planning and Development Branch,
901 North 5th Street, Kansas City, Kansas 66101.
Instructions: Direct your comments to RME ID Number R07-OAR-2005-
MO-0003. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://docket.epa.gov/rmepub, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through RME, regulations.gov,
or e-mail. The EPA RME Web site and the Federal regulations.gov Web
site are ``anonymous access'' systems, which means EPA will not know
your identity or contact information unless you provide it in the body
of your comment. If you send an e-mail comment directly to EPA without
going through RME or regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket. All documents in the electronic docket are listed in the
RME index at http://docket.epa.gov/rmepub/. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically in RME
or in hard copy at the Environmental Protection Agency, Air Planning
and Development Branch, 901 North 5th Street, Kansas City, Kansas. EPA
requests that you contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to schedule your inspection. The interested
persons wanting to examine these documents should make an appointment
with the office at least 24 hours in advance.
FOR FURTHER INFORMATION CONTACT: Michael Jay at (913) 551-7460 or by e-
mail at [email protected].
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 Regualtion Mean to Me?
What Is Being Addressed in This Document?
How Does the Statewide NOX Rule Relate to the
NOX SIP Call?
What Changes Has Missouri Made to the Statewide Rule and What Are
EPA's Analyses of Them?
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
[[Page 16473]]
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
us 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-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 proposing to approve the Missouri Department of Natural
Resources' (MDNR) request to include, as a revision to Missouri's ozone
SIP, an amendment to rule 10 CSR 10-6.350, ``Emissions Limitations and
Emissions Trading of Oxides of Nitrogen'' (known hereafter as
``statewide NOX rule'') which was incorporated into the SIP
on December 28, 2000 (65 FR 82285). The amended rule was adopted by the
Missouri Air Conservation Commission on April 24, 2003. The rule became
effective under state law on June 23, 2003. The rule was submitted to
EPA on September 18, 2003, and included 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, the reader should
refer to 40 CFR part 51, appendix V.
How Does the Statewide NOX Rule Relate to the NOX
SIP Call?
As stated previously, the statewide NOX rule is designed
to achieve emissions reductions to improve air quality in the St. Louis
area. Missouri is also subject to a requirement to achieve certain
NOX reductions to eliminate its significant contribution to
ozone nonattainment problems in other areas relating to NOX
emissions transported from Missouri to other states. (See, 69 FR 21604,
April 21, 2004.) Missouri is in the process of developing separate
rules to meet this additional requirement.
What Changes Has Missouri Made to the Statewide Rule and What Are EPA's
Analyses of Them?
The amended rule modifies the existing compliance date in the
original rule. The original statewide NOX rule (65 FR 82285)
had a compliance date of May 1, 2003, whereas the revised rule has a
compliance date of May 1, 2004. Due to the uncertainty related to the
inclusion of Missouri in Phase II of the NOX SIP Call, which
was not resolved until April 2004, EPA believes that the delayed
compliance date is appropriate to assist affected utilities in planning
to meet their NOX reduction obligations. The deferral also
did not impact Missouri's ability to maintain the 1-hour ozone standard
in St. Louis.
The amended rule also modifies the emissions limitations
established in the original rule. The original state rule limited
electrical generation units (EGUs) in the eastern one-third of Missouri
to an emission rate of 0.25 pounds of NOX per million
British thermal units per hour (lbs. NOX/mmBtu) of heat
input during the control period and EGUs in the western two-thirds to a
rate of 0.35 lbs. NOX/mmBtu. The amended rule established a
more restrictive emission limitation of 0.18 lbs. NOX/mmBtu
for affected sources in the city of St. Louis and additional counties
of Franklin, Jefferson and St. Louis, which are areas that are part of
the St. Louis current 1-hour maintenance and 8-hour nonattainment area.
The remainder of the eastern one-third of Missouri is still subject to
the 0.25 lbs. NOX/mmBtu. The limit for the western two-
thirds of Missouri remains the same as in the original rule at 0.35
lbs. NOX/mmBtu, with the exception that in the amended rule
affected facilities with cyclone boilers that burn tire-derived fuel
are allowed an emissions rate of 0.68 lbs. NOX/mmBtu. The
MDNR has submitted documentation that supports the conclusion that the
revised emissions limitations will achieve a greater overall emissions
reduction when compared to the original rule (see Technical Support
Document (TSD) prepared for this rule). Moreover, the additional
emissions reductions in the eastern one-third of Missouri will likely
provide for lower 1-hour and 8-hour ozone concentrations in the St.
Louis area as these emissions are more proximate to the metropolitan
area when compared to the more distant western two-thirds of Missouri.
The amended rule also modifies the dates for generation and use of
early reduction credits (ERCs). In the original rule, affected units
that had reduced emissions rates in the years 2000, 2001, and 2002
would be able to generate ERCs. The amended rule added the year 2003
for generating ERCs. Accordingly, the retirement date for all ERCs has
been extended from January 31, 2005, to January 31, 2006, in the
amended rule. Therefore, all ERCs are restricted for use in the control
periods of 2004 and 2005 in the amended rule. The modifications to the
generation and use of ERCs were made to be consistent with the
compliance date extension from May 1, 2003, to May 1, 2004. Due to the
revised emissions rates for the aforementioned counties in the eastern
one-third of Missouri, the MDNR submitted documentation that 2003 ERCs
earned between 0.25 lbs. NOX/mmBtu and the required limit of
0.18 lbs. NOX/mmBtu were permanently retired (see TSD). This
action eliminated ERCs that were not surplus.
[[Page 16474]]
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 TSD which is
part of this rule, the revision meets the substantive SIP requirements
of the CAA, including section 110 and implementing regulations.
What Action Is EPA Taking?
We are proposing to approve as an amendment to the Missouri SIP
amended rule 10 CSR 10-6.350, ``Emissions Limitations and Emissions
Trading of Oxides of Nitrogen,'' submitted to us on September 18, 2003.
We are soliciting comments on this proposed action. Final rulemaking
will occur after consideration of any comments.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
proposed action merely proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed 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 et seq.). Because this rule proposes to approve pre-
existing 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 (Pub. L. 104-4).
This proposed rule also does not have tribal implications because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). This action also does not
have Federalism implications because it does 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). This action
merely proposes to approve a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This
proposed rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has 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 Clean Air Act. 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. This proposed 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.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: March 21, 2005.
James B. Gulliford,
Regional Administrator, Region 7.
[FR Doc. 05-6370 Filed 3-30-05; 8:45 am]
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