
[Federal Register: April 2, 2008 (Volume 73, Number 64)]
[Rules and Regulations]               
[Page 17890-17893]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ap08-6]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2008-0100; FRL-8549-6]

 
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 taking direct final action to approve Missouri's 
request to revise the State Implementation Plan (SIP) to include the 
State's recently revised ozone season NOX cap and trade 
rules for electric generating units (EGUs) and non-electric generating 
units (Non-EGUs) submitted on May 18, 2007. Two existing rules were 
revised by the State to allow for the transition into the State's 
recently adopted ozone season trading rule to meet the requirements of 
the Clean Air Interstate Rule (CAIR). The ozone season rules, an 
interstate cap and trade rule for EGUs and Non-EGUs in the eastern one-
third of the State and a statewide intrastate trading rule for EGUs, 
were revised to include language that will rescind their requirements 
in the year 2009, the year CAIR compliance begins. The CAIR ozone 
season trading rule is more restrictive than the aforementioned rules, 
and this action is needed to avoid imposing duplicative requirements 
for the affected sources in the year 2009 and thereafter.

DATES: This direct final rule will be effective June 2, 2008, without 
further notice, unless EPA receives adverse comment by May 2, 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-2008-0100, by one of the following methods:
    1. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.

[[Page 17891]]

    2. E-mail: jay.michael@epa.gov.
    3. Mail: Michael Jay, 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 Michael Jay, 
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-
2008-0100. 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: Michael Jay at (913) 551-7460 or by e-
mail at jay.michael@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 background of this action?
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.

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 background of this action?

    The ozone season NOX rules discussed in today's action 
were adopted by Missouri for different purposes. The first rule, 10 CSR 
10-6.350, Emissions Limitations and Emissions Trading of Oxides of 
Nitrogen (statewide NOX Rule), as amended in the SIP on 
September 19, 2005 (70 FR 54840), is designed to achieve emissions 
reductions to improve the air quality in the St. Louis ozone 
nonattainment area. This rule requires emissions reductions in the 
eastern one-third of the state and lesser reductions in the remainder 
of the state for large EGUs. The second rule, 10 CSR 10-6.360, Control 
of NOX Emissions From Electric Generating Units and Non-
Electric Generating Boilers, as adopted in the SIP on August 15, 2006 
(71 FR 46860), is an interstate cap and trade rule for EGUs and Non-
EGUs in the eastern one-third of the state and is designed to meet, in 
part, the requirements of EPA's NOX SIP Call (69 FR 21604).
    The two existing rules discussed above were revised by the State to 
allow for the transition into the recently adopted ozone season trading 
rule for compliance with CAIR. Missouri's ozone season trading rule 10 
CSR 10-

[[Page 17892]]

6.364, Clean Air Interstate Rule Seasonal NOX Trading 
Program, affects the entire State and reduces emissions of 
NOX that significantly contribute to, and interfere with 
maintenance of, the national ambient air quality standard for ozone in 
any downwind state (72 FR 71073). Compliance with Missouri's ozone 
season CAIR rule is more restrictive than either 10 CSR 10-6.350 or 10 
CSR 10-6.360, and today's SIP revision is necessary, as described 
below, to avoid imposing duplicative requirements on the affected 
sources for the ozone period beginning in 2009.

What is being addressed in this document?

    EPA is approving a revision to Missouri's SIP to include two 
revised NOX ozone season trading rules, 10 CSR 10-6.350, 
Emissions Limitations and Emissions Trading of Oxides of Nitrogen 
(statewide NOX Rule), and 10 CSR 10-6.360, Control of 
NOX Emissions From Electric Generating Units and Non-
Electric Generating Boilers. The revised trading rules include new 
applicability provisions that remove the General Provisions, Reporting 
and Record Keeping, and Test Methods and Monitoring requirements 
beginning in the control period 2009 and thereafter. The purpose of the 
new applicability provisions is to avoid creating duplicative 
requirements with Missouri's recently adopted ozone season rule 10 CSR 
10-6.364, Clean Air Interstate Rule Seasonal NOX Trading 
Program, with which compliance is scheduled to begin in May 2009.

Have the requirements for approval of a SIP 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, the revision meets the substantive SIP requirements of the 
CAA, including section 110 and implementing regulations.

What action is EPA taking?

    EPA is taking final action to approve Missouri's request to revise 
the SIP as submitted on May 18, 2007. We are processing this action as 
a direct final action because the revisions make routine changes to the 
existing rules 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 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 June 2, 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, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: March 24, 2008.
John B. Askew,
Regional Administrator, Region 7.

0
40 CFR part 52 is amended as follows:

[[Page 17893]]

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 the table in paragraph (c) is amended under Chapter 
6 by revising the entries for 10-6.350 and 10-6.360 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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                                                                      * * * * * * *
10-6.350............................  Emissions Limitations and              5/30/07  4/2/08 [insert FR page number  ...................................
                                       Emissions Trading of Oxides                     where the document begins].
                                       of Nitrogen.
10-6.360............................  Control of NOX Emissions From          5/30/07  4/2/08 [insert FR page number  ...................................
                                       Electric Generating Units and                   where the document begins].
                                       Non-Electric Generating
                                       Boilers.

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 [FR Doc. E8-6651 Filed 4-1-08; 8:45 am]

BILLING CODE 6560-50-P
