

[Federal Register: December 4, 2007 (Volume 72, Number 232)]
[Rules and Regulations]               
[Page 68072-68075]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04de07-7]                         

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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: shepard.barbara@epa.gov.
    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 shepard.barbara@epa.gov.

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.

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

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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.

* * * * *
    (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]

BILLING CODE 6560-50-P
