[Federal Register Volume 74, Number 248 (Tuesday, December 29, 2009)]
[Rules and Regulations]
[Pages 68689-68692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30774]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2008-0787; FRL-9096-4]
Approval and Promulgation of Implementation Plans; State of
Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving a revision to the State Implementation Plan
(SIP) submitted by the state of Missouri. This revision applies to
Missouri's rule relating to restriction of emission of visible air
contaminants and removes redundant definitions, removes an outdated
exemption for incinerators used to burn refuse in the outstate area,
and clarifies that the test methods stated in the rule shall be used to
determine the opacity of visible emissions. EPA is not taking action on
the state submitted revisions relating to open burning, as these
provisions revise a rule that has not been adopted into the SIP.
Approval of this revision will ensure consistency between the state and
the Federally approved rules.
DATES: This direct final rule will be effective March 1, 2010, without
further notice, unless EPA receives adverse comment by January 28,
2010. 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-2008-0787, by one of the following methods:
1. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
2. E-mail: [email protected].
3. Mail: Lachala Kemp, Environmental Protection Agency, Air
Planning and Development Branch, 901 North 5th Street, Kansas City,
Kansas 66101.
4. Hand Delivery or Courier: Deliver your comments to Lachala Kemp,
Environmental Protection Agency, Air Planning and Development Branch,
901 North 5th Street, Kansas City, Kansas 66101.
Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2008-0787. 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 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, Air Planning and Development Branch, 901 North 5th Street,
Kansas City, Kansas 66101. 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: Lachala Kemp at (913) 551-7214, or by
e-mail at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to 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 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) 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, monitoring
networks, and modeling demonstrations.
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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?
On September 16, 2008, EPA received a request from the Missouri
Department of Natural Resources to approve revisions to the SIP
amending 10 CSR 10-6.220, ``Restriction of Emission of Visible Air
Contaminants,'' sections (1) Applicability, (2) Definitions, (3)
General Provisions, and (4) Test Methods.
In general, these revisions relate to provisions of the state rule
incorporating various Federal rules by reference. The revisions add
dates to clarify the version of the incorporated Federal rules
referenced in the state rules.
Subsection (1)(H), in the applicability section, exempts from the
SIP visible emissions requirements sources which are subject to the new
source performance standards promulgated by EPA and incorporated by
reference into the state rule. The subsection is amended to provide
specific references to the Federal rule (40 CFR part 60, promulgated as
of July 1, 2007).
Subsection (1)(I), in the applicability section, is not being acted
on. This subsection exempts from the visible emissions requirements
certain activities exempted from Missouri's open burning rule. The open
burning rule, 10 CSR 10-6.045, has not been submitted by Missouri for
approval into the state's implementation plan. Therefore, EPA is not
taking action at this time to approve this revision in the SIP.
Subsection (1)(J), in the applicability section, is being removed
from the SIP. This subsection exempted from the rule incinerators used
to burn refuse in the outstate areas of Missouri. EPA has determined
that elimination of this exemption strengthens the SIP.
In section 2, ``Definitions,'' the definitions of ``opacity'' and
``outstate area'' were removed. These definitions were either no longer
applicable or more clearly defined in other rules. The definition of
``six-minute period,'' applicable to sources using continuous opacity
monitoring data, was revised to specify the applicable Federal rule (40
CFR part 60, App. B) which is incorporated by reference in the state
definition.
In General Provisions, (3)(F) was revised to reflect that all
sources subject to the rule, including those required to have
continuous opacity monitors, are subject to the testing requirements in
section 5 of 10 CSR 10-6.220.
Missouri's reference to test method 203A--Visual Determination of
Opacity of Emissions from Stationary Sources for Time-Averaged
Regulations, was revised in (5)(A)2 to update the reference to Federal
test methods. The reference to test method 203B--Visual Determination
of Opacity of Emissions from Stationary Sources for Time-Exception
Regulations, (5)(A)3., was revised to reference the Federal methods
promulgated as of July 1, 2007.
Subsections (5)(B), ``Emissions from Mobile Internal Combustion
Engines,'' and (5)(C), ``Fugitive Emissions from Material Sources,
Smoke Emissions from Flares and as Required by Permit Condition,'' were
revised to specify that Missouri is incorporating applicable EPA test
methods promulgated as of July 1, 2007 (Method 22, 40 CFR part 60, App.
A). EPA has determined that these rule updates do not substantively
change the stringency of the SIP.
Have the requirements for approval of a SIP revision been met?
The submittal satisfied the completeness criteria of 40 CFR part
51, appendix V. In addition, the state submittal has met the public
notice requirements for SIP submission in accordance with 40 CFR
51.102. The revisions are not substantive changes to the existing SIP,
but merely clarify existing requirements. Therefore the revisions
continue to meet the substantive SIP requirements of the CAA, including
section 110.
What action is EPA taking?
We are approving the request to revise the Missouri SIP (10 CSR 10-
6.220) as described above. We are not acting on the revision exempting
sources which are exempt from the open burning rule, as described
above. This revision will ensure consistency between the state and the
Federally-approved rules. We have determined that these changes will
not relax the SIP or adversely impact air quality.
We are processing this action as a direct final action because the
revisions make routine changes to the existing rules which are
noncontroversial, and they do not contain substantive changes.
Therefore, we do not anticipate any adverse comments. Please note that
if EPA receives adverse comment on part of this rule and if that part
can be severed from the remainder of the rule, EPA may adopt as final
those parts of the rule that are not the subject of an adverse comment.
Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
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Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
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 action 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 March 1, 2010. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the final
rulemaking. 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, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: December 15, 2009.
William Rice,
Acting Regional Administrator, Region 7.
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40 CFR part 52 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(c) the table is amended under Chapter 6 by revising
the entry for ``10-6.220'' 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 Entire State of Missouri
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10-6.220.......................... Restriction of Emission of 9/30/08 12/29/09 [insert FR page number Subsection (1)(I) referring to the
Visible Air Contaminants. where the document begins]. open burning rule, 10 CSR 10-
6.045, is not SIP approved.
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[FR Doc. E9-30774 Filed 12-28-09; 8:45 am]
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