

[Federal Register: March 13, 2006 (Volume 71, Number 48)]
[Rules and Regulations]               
[Page 12623-12626]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13mr06-6]                         

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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 algoe-eakin.amy@epa.gov.

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
----------------------------------------------------------------------------------------------------------------
                                    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.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

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]

BILLING CODE 6560-50-P
