

[Federal Register: December 5, 2006 (Volume 71, Number 233)]
[Rules and Regulations]               
[Page 70468-70471]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05de06-8]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2006-0900; FRL-8250-7]

 
Approval and Promulgation of Implementation Plans and Operating 
Permits Program; State of Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve the State 
Implementation Plan (SIP) and operating permits program revision 
submitted by the state of Missouri to update the ambient air quality 
standards, sampling methods, definitions, and common reference methods 
and tables. The update also includes references to implement the 8-hour 
ozone and PM2.5 National Ambient Air Quality Standards that 
were finalized on July 18, 1997.

DATES: This direct final rule will be effective February 5, 2007, 
without further notice, unless EPA receives adverse comment by January 
4, 2007. 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-2006-0900, by one of the following methods:
    1. http://www.regulations.gov. Follow the on-line instructions for 

submitting comments.
    2. E-mail: algoe-eakin.amy@epa.gov.
    3. Mail: Amy Algoe-Eakin, 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 Amy Algoe-
Eakin, 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-
2006-0900. EPA's policy is that all comments received will be included 
in the public

[[Page 70469]]

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, 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: 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 of a state regulation mean to me?
What is the Part 70 operating permit program and approval process?
What is being addressed in this document?
Have the requirements for approval of a SIP revision and operating 
permit program 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 (NAAQS) 
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.

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 the Part 70 operating permits program and approval process?

    The CAA requires all states to develop operating permits programs 
that meet certain Federal criteria. The purpose of the program is to 
consolidate all applicable CAA requirements into a single permit 
document issued to a source subject to the permit program. The process 
for EPA approval of a Part 70 program or program revision is similar to 
the process for approval of a SIP. Permits issued under an EPA-approved 
permit program are enforceable by EPA and the state.

What is being addressed in this document?

    EPA is approving a revision to the SIP and Part 70 permits program 
for the state of Missouri that was state effective on February 28, 
2006. The revisions include the 8-hour ozone and PM2.5 NAAQS 
that were finalized by EPA on July 18, 1997.
    The revision to 10 CSR 10-6.010 (Ambient Air Quality Standards) 
updates the ambient air quality standards table to include the Federal 
revision to the NAAQS, and reformatted the columns for clarity. It 
should be noted that, unlike many other requirements in the Missouri 
SIP, the NAAQS are not requirements imposed directly on sources under 
the CAA (although states may impose such requirements directly on 
sources under state law). Sources must comply with emissions 
limitations and standards under the CAA and the SIP, but the NAAQS are 
not emissions limitations and standards under the CAA. However, because 
the Missouri rules establish other requirements, applicable to sources, 
designed to protect the NAAQS

[[Page 70470]]

(e.g., the requirement that a source may not obtain certain permits if 
it would cause or contribute to a violation of the NAAQS), EPA has 
included Missouri's adoption of the NAAQS in the SIP to assist in 
implementation of the NAAQS.
    Chapter 10 CSR 10-6.020 (Definitions and Common Reference Tables) 
revises the definitions for insignificant activity, particulate matter, 
and adds definitions for PM2.5. Five compounds were added to 
the volatile organic compounds definition and minor changes were made 
to the table listing hazardous air pollutants (table 3), and the 
related footnotes. In order to maintain formatting consistent with 
other rules, the state added sections (4) and (5) to state that 
reporting and record keeping, and test methods are not applicable to 10 
CSR 10-6.020. It should be noted that revisions made to 10 CSR 10-
6.020, and specifically the clarification of the definition of 
``insignificant activity'' also apply to Missouri's operating permits 
program.
    The revisions to 10 CSR 10-6.030 (Sampling Methods for Air 
Pollution sources) add EPA's Conditional Test Method 039 to determine 
the total PM10 and PM2.5 fraction of filterable 
particulate matter including condensibles. Two paragraphs that 
discussed PM2.5 emissions in stack gases were combined for 
clarity and readability.
    Revisions to 10 CSR 10-6.040 (Reference Methods) add references to 
appendices included in the Federal regulations that specify test 
methods for PM2.5.
    Minor revisions to each of the rules were made to correct spelling, 
to include the most recent date of the Federal regulations, and to 
improve the overall readability.

Have the requirements for approval of a SIP revision and operating 
permit program 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 technical 
support document which is part of this docket, the revision meets the 
substantive SIP requirements of the CAA. Finally, the submittal meets 
the substantive requirements of Title V of the 1990 CAA Amendments and 
40 CFR Part 70.

What action is EPA taking?

    EPA is a approving a revision to the SIP for the state of Missouri 
to update the ambient air quality standards, sampling methods, 
definitions, and common reference methods and tables to include the 8-
hour ozone and PM2.5 NAAQS that were finalized on July 18, 
1997. EPA is also approving the revisions to the state's definitions 
rule as a revision to the Part 70 operating program. We are processing 
this action as a direct final action because the revisions make routine 
changes to the existing SIP which are noncontroversial. 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 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 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 state 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 state submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a state 
submission, to use VCS in place of a state 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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by February 5, 2007. 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).)

[[Page 70471]]

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

40 CFR Part 70

    Administrative practice and procedure, Air pollution control, 
Intergovernmental relations, Operating permits, Reporting and 
recordkeeping requirements.

    Dated: November 21, 2006.
John B. Askew,
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 entries for ``10-6.010, 10-6.020, 10-6.030 and 10-6.040'' to read 
as follows:


Sec.  52.1320  Identification of Plan.

* * * * *
    (c) * * *

                                                            EPA-Approved Missouri Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        State
          Missouri citation                        Title              effective           EPA  approval  date                     Explanation
                                                                         date
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        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

                                                                      * * * * * * *
10-6.010.............................  Ambient Air Quality               2/28/06  12/5/06 [insert FR page number
                                        Standards.                                 where the document begins]
10-6.020.............................  Definitions and Common            2/28/06  12/5/06 [insert FR page number
                                        Reference Tables.                          where the document begins]
10-6.030.............................  Sampling Methods for Air          2/28/06  12/5/06 [insert FR page number
                                        Pollution Sources.                         where the document begins]
10-6.040.............................  Reference Methods...........      2/28/06  12/5/06 [insert FR page number
                                                                                   where the document begins]

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

* * * * *

PART 70--[AMENDED]

0
1. The authority citation for part 70 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Appendix A--[Amended]

0
2. Appendix A to part 70 is amended by adding paragraph (s) to read as 
follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs

* * * * *
    Missouri
* * * * *
    (s) The Missouri Department of Natural Resources submitted 
revisions to Missouri rule 10 CSR 10-6.020, ``Definitions and Common 
Reference Tables,'' on March 13, 2006, approval effective January 4, 
2007.
* * * * *
 [FR Doc. E6-20446 Filed 12-4-06; 8:45 am]

BILLING CODE 6560-50-P
