[Federal Register Volume 71, Number 48 (Monday, March 13, 2006)]
[Rules and Regulations]
[Pages 12623-12626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2378]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 62
[EPA-R07-OAR-2005-MO-0006; FRL-8044-5]
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 the partial approval and partial disapproval
of revisions to the Restriction of Emission of Sulfur Compounds rule in
the Missouri State Implementation Plan (SIP). This Missouri rule
establishes general requirements for emissions of sulfur compounds from
various source categories and establishes specific emissions
requirements for certain named sources.
EPA is approving most of the revisions to the rule because the
changes involve clarifications, updates, and other improvements to the
current rule. This action does not include a portion of the rule that
regulates ambient concentrations of sulfur compounds, because this
provision is not in the current SIP, and EPA does not directly enforce
Missouri's Air Quality Standards.
EPA is disapproving Missouri's request to include in the SIP a
revision to two source-specific references because the state has not
demonstrated that the revisions are protective of the short-term
SO2 National Ambient Air Quality Standard (NAAQS).
DATES: This rule is effective on April 12, 2006.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2005-MO-0006. All documents in the docket are listed on
the http://www.regulations.gov Web site. 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 through
http://www.regulations.gov or in hard copy at the Environmental
Protection Agency, Air Planning and Development Branch, 901 North 5th
Street, Kansas City, KS. The Regional Office's official hours of
business are Monday through Friday, 8 a.m. to 4:30 p.m. excluding
Federal holidays. 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: Amy Algoe-Eakin at (913) 551-7942 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 or Disapproval of a State Regulation
Mean to Me?
What Is Being Addressed in This Document?
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 or Act) 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
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,
[[Page 12624]]
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 or Disapproval 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. If a state regulation is disapproved, it is not
incorporated into the Federally-approved SIP, and is not enforceable by
EPA or by citizens under section 304. In the case of a revision to a
Federally-approved state regulation, disapproval of the revision means
that the underlying state regulation prior to the state's revision
remains as the Federally enforceable requirement.
What Is Being Addressed in This Document?
We are taking final action to partially approve and partially
disapprove Missouri Department of Natural Resources' (MDNR) request to
include, as a revision to Missouri's SIP, amendments to rule 10 CSR 10-
6.260, Restriction of Emission of Sulfur Compounds. We are also
approving certain changes to this rule as an amendment to the 111(d)
plan which will replace the current rule for sulfuric acid mist
production. This rule was adopted by the Missouri Air Conservation
Commission on February 3, 2004, and became effective under state law on
May 30, 2004. This rule was submitted to EPA on June 14, 2004, and
included comments on the rule during the state's adoption process, the
state's response to comments and other information necessary to meet
EPA's completeness criteria.
The revisions to Missouri rule, 10 CSR 10-6.260, Restriction of
Emission of Sulfur Compounds, update the rule to correct inaccurate
source information, provide an exemption for natural gas fueled
combustion, and clarify the exemption for source categories subject to
a new source performance standard to assure that such sources are
subject to sulfur limits. Missouri also revised provisions relating to
sulfuric acid mist production, previously approved by EPA under section
111(d). These provisions were renumbered but not otherwise changed. By
renumbering the rule, Missouri will have given the 111(d) plan a new
effective date that will be reflected in the description of the section
111(d) plan in 40 CFR part 62. EPA is approving revisions to Section
(3)(A)1,2,3 and 4 into the 111(d) plan.
However, we are not acting on renumbered Section (3)(B), titled
Restriction of Concentration of Sulfur Compounds in Ambient Air, as EPA
does not directly enforce Missouri's air quality standards, and this
section is not found in the approved SIP.
We are also partially disapproving revisions to Missouri rule, 10
CSR 10-6.260, Restriction of Emission of Sulfur Compounds. Revisions to
Section (3), Table 1, regarding the emission rate for the Kansas City
Power & Light's Hawthorn and Montrose Station facilities are not
consistent with the requirements of the CAA. Section 110(a)(2)(A) of
the CAA requires, in part, that the plan include emission limitations
to meet the requirements of the Act, including the requirement in
Section 110(a)(1) that the plan must be adequate to attain and maintain
ambient air quality standards. In addition, 40 CFR 51.112 requires that
the plan demonstrate that rules contained in the SIP are adequate to
attain the ambient air quality standards. We believe that these
requirements have not been met with respect to the Hawthorn and
Montrose Station limits. We note that the Hawthorn unit is subject to a
Federally-enforceable state permit which limits sulfur emissions to .12
pounds per million BTU heat input on a thirty-day rolling average
basis. Although the facility must comply with this more stringent limit
(and all other units listed in the rule must comply with more stringent
limits established in permits), the SIP must reflect requirements that
ensure attainment and maintenance of the NAAQS. The state rule, with
respect to the Hawthorn and Montrose Station facilities, does not
reflect such requirements.
We believe that the revisions, contained in Section (3), Table 1,
regarding sulfur dioxide emission rates for these plants are not
protective of the short-term sulfur dioxide NAAQS. Although the
emission rates for both facilities have been lowered, the averaging
time for the rates has been dramatically increased, from a three-hour
average to an annual average. Missouri has not provided a
demonstration, as required by the CAA and EPA regulations, that the
standards, particularly, the three-hour and the twenty-four hour
standards, can be protected by an annual emission limit.
Have the Requirements for Approval of a SIP Revision Been Met?
With respect to the portions of the submittal which EPA is
approving, 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 that is part of this document and in the October 3,
2005, proposed rule, the approved portions of the revision meet the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations.
What Action Is EPA Taking?
We are taking final action to partially approve and partially
disapprove portions of the Restriction of Emission of Sulfur Compounds
rule into the Missouri State Implementation Plan (SIP). The approved
and disapproved portions are described above. We are incorporating rule
changes to subparagraph (3)(A)1,2,3, and 4, into Missouri's 111(d)
plan. We are not acting on a portion of this rule that regulates
ambient concentrations of sulfur compounds, because this provision is
not in the current SIP, and
[[Page 12625]]
EPA does not directly enforce Missouri's Air Quality Standards.
Statutory and Executive Order Reviews
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. 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 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 et seq.). The
partial disapproval will not affect any existing state requirements
applicable to small entities. Federal disapproval of the state
submittal does not affect its state-enforceability. Moreover, EPA's
disapproval of the submittal does not impose a new Federal requirement.
Therefore, the Administrator certifies that this disapproval action
does not have a significant impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Because this rule approves 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 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 approves and disapproves 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 ``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 CAA. 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 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. 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. 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. 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 May 12, 2006. 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,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
40 CFR Part 62
Environmental protection, Air pollution control, Intergovernmental
relations, Reporting and recordkeeping requirements, Sulfur oxides,
Sulfuric acid plants, Waste treatment and disposal.
Dated: March 6, 2006.
James B. Gulliford,
Regional Administrator, Region 7.
0
Chapter I, title 40 of the Code of Federal Regulations is amended as
follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart AA--Missouri
0
2. In Sec. 52.1320(c) the table is amended under Chapter 6 by revising
the entry for ``10-6.260'' to read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Missouri Regulations
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State effective
Missouri citation Title date EPA approval date Explanation
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Missouri Department of Natural Resources
* * * * * * *
Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
Regulations for the State of Missouri
[[Page 12626]]
* * * * * * *
10-6.260........................ Restriction of 05/30/04.......... 03/13/06 [insert Section (3)(B) is
Emission of FR page number not SIP approved.
Sulfur Compounds. where the The revision to
document begins]. the averaging
time and emission
rate per unit for
Kansas City Power
& Light, Hawthorn
Plant and
Montrose Station
in Table 1 of
(3)(C)2.B. is not
approved.
* * * * * * *
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* * * * *
PART 62--[AMENDED]
0
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart AA--Missouri
0
2. Section 62.6350 is amended by adding paragraph (b)(4) to read as
follows:
Sec. 62.6350 Identification of plan.
* * * * *
(b) * * *
(4) A revision to Missouri's 111(d) plan for sulfuric acid mist
production was state effective on May 30, 2004. This revision approves
the renumbering of the rule. The effective date of the amended plan is
April 12, 2006.
* * * * *
[FR Doc. 06-2378 Filed 3-10-06; 8:45 am]
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