[Federal Register Volume 72, Number 232 (Tuesday, December 4, 2007)]
[Rules and Regulations]
[Pages 68072-68075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23484]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2007-1055; FRL-8502-2]
Approval and Promulgation of Implementation Plans; State of
Missouri; General Conformity
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve a revision to the
Missouri State Implementation Plan (SIP) to amend the General
Conformity Rule to include de minimis emission levels for Particulate
Matter 2.5 (PM2.5). This update ensures consistency with the
Federal General Conformity Rule.
DATES: This direct final rule will be effective February 4, 2008,
without further notice, unless EPA receives adverse comment by January
3, 2008. If adverse comment is received, EPA will publish a timely
withdrawal of the direct final rule in the Federal Register informing
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2007-1055, by one of the following methods:
[[Page 68073]]
1. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
2. E-mail: [email protected].
3. Mail: Barbara Shepard, Environmental Protection Agency, Region
7, Air Planning and Development Branch, 901 North 5th Street, Kansas
City, KS 66101.
4. Hand Delivery or Courier: Deliver your comments to Barbara
Shepard, Environmental Protection Agency, Region 7, Air Planning and
Development Branch, 901 North 5th Street, Kansas City, KS 66101.
Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2007-1055. 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://www.regulations.gov, 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 through http://www.regulations.gov or e-mail information that you consider to be CBI
or otherwise protected. The http://www.regulations.gov Web site is an
``anonymous access'' system, 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 http://www.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
http://www.regulations.gov index. 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 http://www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 7, Air Planning and Development Branch, 901 North 5th
Street, Kansas City, KS 66101. The Regional Office's official hours of
business are Monday through Friday, 8 to 4:30 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: Barbara Shepard at (913) 551-7759, or
by e-mail at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us'' or ``our'' is used, we mean EPA. This SUPPLEMENTARY INFORMATION
section is arranged as follows:
I. General Conformity
II. Background for This Action
III. State Submittal and EPA Evaluation
IV. Public Comment and Final Action
V. Statutory and Executive Order Reviews
I. General Conformity
General conformity is required under section 176(c) of the Clean
Air Act (CAA or Act) to prevent the air quality impacts of Federal
actions from causing or contributing to a violation of the National
Ambient Air Quality Standards (NAAQS) or interfering with the purpose
of a SIP. Conformity currently applies to areas that are designated
nonattainment, and to certain areas that have been redesignated to
attainment after 1990 (maintenance areas).
The general conformity regulation is found in 40 CFR part 93 and
provisions related to conformity SIPs are found in 40 CFR 51.390.
II. Background for This Action
In the CAA, Congress recognized that actions taken by Federal
agencies could affect states', tribes', and local agencies' abilities
to attain and maintain the NAAQS. Section 176(c) of the CAA requires
Federal agencies ensure that their actions conform to the applicable
SIP for attaining and maintaining the NAAQS. EPA published the General
Conformity Regulations in 1993 to cover all Federal actions not related
to highway and mass transit funding and approval to implement a portion
of section 176(c). The General Conformity Regulations define NAAQS as
``those standards established pursuant to section 109 of the Act and
include standards for carbon monoxide, lead, nitrogen dioxide, ozone,
particulate matter, and sulfur dioxide.'' Since 1993, EPA has reviewed
and revised the NAAQS for particulate matter to include a new
PM2.5 standard (particulate matter with an aerodynamic
diameter of up to 2.5 microns). General conformity requirements are
applicable to areas designated nonattainment for this standard, and to
certain areas redesignated from nonattainment to attainment
(maintenance areas). In July 1997, EPA promulgated a new NAAQS
established pursuant to section 109 of the CAA for PM2.5. On
April 5, 2005, the EPA designated areas as nonattainment for
PM2.5, and subsequently proposed regulations to implement
the new particulate matter standard. Section 176(c)(6) states that the
conformity requirements of 176(c) do not apply to an area newly
designated nonattainment for a new NAAQS until one year after the
designation. The EPA made PM2.5 designations on April 5,
2005; thus, the applicable general conformity requirements were not
effective in these areas until April 5, 2006. The proposed rule
published on April 5, 2006, solicited comments on establishing 100 tons
per year of PM2.5 direct or precursor emissions as the de
minimis threshold for General Conformity applicability.
On July 17, 2006, EPA published a final rule (71 FR 40420),
PM2.5 De Minimis Emission Levels for General Conformity
Applicability, which amended the regulations relating to the CAA
requirement that Federal actions conform to the appropriate state,
tribal or Federal implementation plan for attaining clean air
(``general conformity''). This action revised the tables in
subparagraphs (b)(1) and (b)(2) of 40 CFR 51.853 and 40 CFR 93.153 by
adding the de minimis emissions levels for PM2.5 and
established the previously proposed 100 tons per year as the de minimis
emission level for direct PM2.5 and each of its precursors
in nonattainment and maintenance areas.
III. State Submittal and EPA Evaluation
The SIP revision submitted to EPA on September 10, 2007, amends the
state rule, Conformity of General Federal Actions to State
Implementation Plans (10 Code of State Regulations (CSR) 10-6.300), to
be consistent with the Federal conformity requirements described above.
This revision added de minimis emissions levels for PM2.5 to
the state's rule and updated the state's tables for de minimis
emissions levels for direct PM2.5 and the relevant
precursors in nonattainment and maintenance areas.
This Missouri rule implements Section 176(c) of the CAA, as amended
(42 U.S.C. 7401-7671q) and regulations under 40 CFR part 51, subpart W,
with respect to conformity of general Federal actions to the applicable
implementation plan. Missouri rule 10 CSR 10-6.300 at Subsection
(2)(B)26.C,
[[Page 68074]]
was revised to identify precursors of PM2.5 consistent with
the Federal rule. The state rule identifies the following precursors:
Sulfur dioxide, nitrogen oxides (unless the state and EPA have
determined they are not significant precursors), and volatile organic
compounds and ammonia (only where the state or EPA has determined they
are significant precursors). Rule 10 CSR 10-6.300, Subsection (3)(B)
was revised to add a requirement that a conformity determination must
be made for each criteria pollutant or precursor where the total of
direct and indirect emissions of the criteria pollutant or precursor in
a nonattainment or maintenance area caused by a Federal action would
equal or exceed any of the rates in paragraph (3)(B)1. or 2. of the
rule. Subsection (3)(B) of 10 CSR 10-6.300 revised tables in
subparagraphs (B)1. and (B)2. by incorporating the Federally
established 100 tons per year as the de minimis emission level for
direct PM2.5, and each of its precursors in nonattainment
and maintenance areas.
The submittal documents public notice and hearing for this SIP
revision in compliance with CAA section 110(l) and 40 CFR 51.102.
We have reviewed the submittal to assure consistency with the
current CAA, and EPA regulations (40 CFR part 93 and 40 CFR 51.390)
governing state procedures for general conformity and interagency
consultation and have concluded that the submittal is approvable.
Details of our review are set forth in a technical support document,
which has been included in the docket for this action.
IV. Public Comment and Final Action
Under section 110(k) of the Act, and for the reasons set forth
above, EPA is taking action to approve the revision to the Missouri SIP
which adds de minimis emissions levels for PM2.5 and
precursors, for general conformity purposes.
We do not expect objection to this approval, so we are finalizing
it without proposing it in advance. However, in the Proposed Rules
section of this Federal Register, we are simultaneously proposing
approval of the same submittal. If we receive adverse comments by
January 3, 2008, we will publish a timely withdrawal in the Federal
Register to notify the public that the direct final approval will not
take effect and we will address the comments in a subsequent final
action based on the proposal. If we do not receive timely adverse
comments, the direct final approval will be effective without further
notice on February 4, 2008. This will incorporate these general
conformity procedures into the Federally-enforceable SIP and thereby
replace the previous version. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
V. 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.). 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 merely approves state law
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 approves a state rule implementing a
Federal standard.
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 February 4, 2008. 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,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
[[Page 68075]]
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: November 26, 2007.
William Rice,
Acting Regional Administrator, Region 7.
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Chapter I, Title 40 of the Code of Federal Regulations is amended as
follows:
PART 52--[AMENDED]
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart AA--Missouri
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2. In Sec. 52.1320 the table in paragraph (c) is amended by revising
the entry for 10-6.300 under Chapter 6 to read as follows:
Sec. 52.1320 Identification of Plan.
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(c) * * *
EPA-Approved Missouri Regulations
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State
Missouri citation Title 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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10-6.300....................... Conformity of General 9/30/07 12/04/07 [insert
Federal Actions to FR page number
State Implementation where the
Plans. document begins].
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[FR Doc. E7-23484 Filed 12-3-07; 8:45 am]
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