
[Federal Register: June 20, 2008 (Volume 73, Number 120)]
[Rules and Regulations]               
[Page 35071-35074]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jn08-6]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2008-0342; FRL-8581-7]

 
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

[[Page 35072]]

(SIP). This approval will revise the SIP to include changes to the 
sulfur dioxide (SO2) emissions rates and averaging times for Kansas 
City Power & Light's Hawthorn Plant and Montrose Station in the rule, 
Restriction of Emission of Sulfur Compounds. Previous changes to this 
rule were disapproved in 2006 because EPA was concerned that the 
averaging times for the rates at these units had been dramatically 
increased from a 3-hour average to an annual average, and that the 
revised averaging times were not demonstrated by the state to be 
protective of the short-term (3- and 24-hour) SO2 National Ambient Air 
Quality Standard (NAAQS). EPA believes that the recent changes, which 
EPA is now approving, have been shown by Missouri to be protective of 
the short-term SO2 NAAQS. This revision will ensure consistency between 
the state and the Federally-approved rules.

DATES: This direct final rule will be effective August 19, 2008, 
without further notice, unless EPA receives adverse comment by July 21, 
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-2008-0342, 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-
2008-0342. 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 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: 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 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

[[Page 35073]]

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?

    In 2006, EPA disapproved Missouri's request to amend the SIP to 
include revisions to the Restriction of Emission of Sulfur Compounds 
rule relating to a change in emissions rates and averaging times for 
the Kansas City Power & Light (KCP&L) Hawthorn Plant and Montrose 
Station. EPA was concerned that, although the emissions rates were 
decreased, the averaging times for the rates at these units had been 
dramatically increased from a 3-hour average to an annual average and 
that the state had not shown that the revised averaging times were 
protective of the short-term SO2 NAAQS. (See, 71 FR 12623, 
March 13, 2006.)
    Since 2006, the Missouri Department of Natural Resources has 
revised Table 1 in the Restriction of Emission of Sulfur Compounds rule 
to change the averaging times for the emissions rates at the Hawthorn 
Plant and Montrose Station. For the Hawthorn Plant, Table 1 reflects 
the averaging time and emission rate consistent with the Prevention of 
Significant Deterioration (PSD) permit issued for Unit 5A in 1999. This 
emissions limit had been determined to be adequate to protect the 
SO2 NAAQS. For the Montrose Station unit, modeling (using 
the AERMOD model) was conducted to determine an emission rate which 
would be protective of the short term SO2 NAAQS. Modeling 
results indicate that the emission rate should not exceed 3.9 lbs/
MMBTU, on a 24-hour average, in order to avoid exceeding the 3-hour and 
24-hour SO2 NAAQS. The state has adequately demonstrated 
that this emissions limit for the Montrose Station is protective of the 
NAAQS.

What is being addressed in this document?

    EPA is approving a revision to Missouri's SIP to include revisions 
to Table 1 of Missouri rule, 10 CSR 10-6.260 Restriction of Emission of 
Sulfur Compounds. Missouri has demonstrated that the revisions in Table 
1 for KCP&L's Hawthorn Plant and for KCP&L's Montrose Station are 
protective of the 3-hour and 24-hour SO2 NAAQS.

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 March 28, 2008. 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 the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the CAA 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.);
     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 CAA; 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 August 19, 2008. 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. 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,

[[Page 35074]]

Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: June 9, 2008.
John B. Askew,
Regional Administrator, Region 7.

0
40 CFR part 52 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 the table in paragraph (c) is amended under Chapter 
6 by revising the entry for 10-6.260 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 State of Missouri
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                                                                      * * * * * * *
10-6.260..........................  Restriction of                2/29/08  6/20/08 [insert FR page number where    Section (3)(B) is not SIP approved.
                                     Emission of Sulfur                     the document begins].
                                     Compounds.

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 [FR Doc. E8-13838 Filed 6-19-08; 8:45 am]

BILLING CODE 6560-50-P
