
[Federal Register: April 14, 2009 (Volume 74, Number 70)]
[Rules and Regulations]               
[Page 17086-17089]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ap09-6]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2008-0793; FRL-8791-6]

 
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 a revision to the 
State Implementation Plan (SIP) and Operating Permits Program to amend 
the definitions provisions of the rules by adding definitions for stage 
I/II vapor recovery systems and outstate area, updating the lists of 
volatile organic compounds and hazardous air pollutants for consistency 
with the Environmental Protection Agency (EPA) lists, removing 
unnecessary definitions, and making typographical corrections and 
clarifications. Approval of this revision will ensure consistency 
between the state and the Federally-approved rules.

DATES: This direct final rule will be effective June 15, 2009, without 
further notice, unless EPA receives adverse comment by May 14, 2009. 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-2008-0793, by one of the following methods:
    1. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    2. E-mail: bhesania.amy@epa.gov.
    3. Mail or Hand Delivery: Amy Bhesania, 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-
2008-0793. 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

[[Page 17087]]

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: Amy Bhesania at (913) 551-7147, or by 
e-mail at bhesania.amy@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' refer to 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 Permits Program?
What is the Federal approval process for an Operating Permits 
Program?
What is being addressed in this document?
Have the requirements for approval of a SIP revision and a Part 70 
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 Part 70 Operating Permits Program?

    The CAA amendments of 1990 require all states to develop operating 
permits programs that meet certain Federal criteria. In implementing 
this program, the states are to require certain sources of air 
pollution to obtain permits that contain all applicable requirements 
under the CAA. One purpose of the part 70 operating permits program is 
to improve enforcement by issuing each source a single permit that 
consolidates all of the applicable CAA requirements into a Federally-
enforceable document. By consolidating all of the applicable 
requirements for a facility into one document, the source, the public, 
and the permitting authorities can more easily determine what CAA 
requirements apply and how compliance with those requirements is 
determined.
    Sources required to obtain an operating permit under this program 
include ``major'' sources of air pollution and certain other sources 
specified in the CAA or in our implementing regulations. For example, 
all source regulated under the acid rain program, regardless of size, 
must obtain permits. Examples of major sources include those that emit 
100 tons per year or more of volatile organic compounds, carbon 
monoxide, lead, sulfur dioxide, nitrogen dioxide or PM10; 
those that emit 10 tons per year of any single hazardous air pollutant 
(HAP) (specifically listed under the CAA); or those that emit 25 tons 
per year or more of a combination of HAPs.
    Revisions to the state operating permits program are also subject 
to public notice, comment and our approval.

What is the Federal approval process for an Operating Permits Program?

    In order for state regulations to be incorporated into the 
Federally enforceable Title V operating permits program, states must 
formally adopt regulations consistent with state and Federal 
requirements. This process generally includes a public notice, public 
hearing, pubic comment period, and 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 approved operating 
permits program. 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 502 of the CAA are incorporated into the Federally-
approved operating permits program. Records of such actions are 
maintained in the CFR at Title 40, part 70, appendix A, entitled,

[[Page 17088]]

``Approval Status of State and Local Operating Permits Programs.''

What is being addressed in this document?

    EPA is approving revisions to the Missouri SIP and operating 
permits program which revise the definitions provisions of the rule by 
adding definitions for stage I/II vapor recovery systems and ``outstate 
area'' (areas outside metropolitan areas such as Kansas City and St. 
Louis), updating the lists of volatile organic compounds and hazardous 
air pollutants for consistency with the EPA lists, removing unnecessary 
definitions, and making typographical corrections and clarifications.
    The state removed numerous definitions that are no longer used 
anywhere throughout the state regulations. Because they are 
unnecessary, the deletion does not substantively impact the 
regulations. Definitions revised are as follows: adverse impact on 
visibility (adding a reference to a table in the rule identifying class 
I areas in Missouri) and delivery vessel (deleting the term ``drum'' 
from the definition). The phrase ``potential to emit'' is revised to 
clarify that enforceable permit conditions which may be considered in 
determining potential emissions include conditions relating to 
application of pollution control equipment and other conditions (such 
as limits on operating rates and hours of operation). Any of these 
limits, under the state rule, must be contained in Federally-
enforceable permit conditions in order to be considered in the 
calculation of potential emissions. (For example, limits based on use 
of pollution control equipment must be contained in a Federally-
enforceable permit condition in order to be considered in the 
calculation under the state rule.) The revisions to these definitions 
are for clarification and do not adversely affect the stringency of the 
SIP or the operating permits program.
    The terms and definitions added to the SIP are as follows: Outstate 
area--Any area throughout the state except the City of St. Louis and 
St. Charles, St. Louis, Jefferson, Franklin, Clay, Cass, Buchanan, Ray, 
Jackson, Platte and Green Counties; Stage I vapor recovery system--A 
system used to capture the gasoline vapors that would otherwise be 
emitted when gasoline is transferred from a loading installation to a 
delivery vessel or from a delivery vessel to a storage tank; and Stage 
II vapor recovery system--A system used to capture the gasoline vapors 
that would otherwise be emitted when gasoline is dispensed into a 
vehicle fuel tank by routing vapors back to the fuel storage tank. 
These provisions merely provide clarification of terms used in the 
regulations and do not substantively change the requirements.
    The definitions were renumbered as appropriate due to the deletions 
and additions.
    Revisions were made to the table of compounds not considered 
volatile organic compounds because of their known lack of participation 
in the atmospheric reactions to produce ozone. Revisions include 
deletions, corrections and additions which are consistent with EPA 
regulations and do not adversely affect the stringency of the SIP or 
the operating permits program. Deletions and corrections were also made 
to General Provisions, Table 3, Hazardous Air Pollutants.

Have the requirements for approval of a SIP revision and a Part 70 
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. The 
substantive requirements of Title V of the 1990 CAA Amendments and 40 
CFR part 70 have been met as well.

What action is EPA taking?

    We are approving the request to amend the Missouri SIP and 
operating permits program. This revision will amend the definitions 
provisions of the rules by adding definitions for stage I/II vapor 
recovery systems and outstate area, updating the lists of volatile 
organic compounds and hazardous air pollutants for consistency with the 
EPA lists, as well as removing unused definitions and making 
typographical corrections and clarifications.
    Approval of this revision will ensure consistency between the state 
and the Federally-approved rules. EPA has determined that these changes 
will not relax the SIP or adversely impact air emissions and will not 
substantively change the operating permits program.
    We are processing this action as a direct final action because the 
revisions make routine changes to the existing rules which are 
noncontroversial and make regulatory revisions, required by state 
statute. 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

[[Page 17089]]

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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 15, 2009. 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. 
Parties with objections to this direct final rule are encouraged to 
file a comment in response to the parallel notice of proposed 
rulemaking for this action published in the proposed rules section of 
today's Federal Register, rather than file an immediate petition for 
judicial review of this direct final rule, so that EPA can withdraw 
this direct final rule and address the comment in the final rulemaking. 
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, Nitrogen 
dioxide, Ozone, Particulate matter, 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: April 3, 2009.
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

0
2. In Sec.  52.1320(c) the table is amended under Chapter 6 by revising 
the entry for ``10-6.020'' 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
----------------------------------------------------------------------------------------------------------------
                                    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
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
10-6.020...............  Definitions and Common         9/30/08  4/14/09 [insert FR      .......................
                          Reference Tables.                       page number where the
                                                                  document begins].

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

* * * * *

PART 70--[AMENDED]

0
3. The authority citation for Part 70 continues to read as follows:

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

Appendix A--[Amended]

0
4. Appendix A to part 70 is amended in the entry for Missouri by adding 
paragraph (w) to read as follows:

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

* * * * *

Missouri

* * * * *
    (w) The Missouri Department of Natural Resources submitted 
revisions to Missouri rule 10 CSR 10-6.020, ``Definitions and Common 
Reference Tables,'' on September 5, 2008, approval effective May 14, 
2009.
* * * * *
 [FR Doc. E9-8487 Filed 4-13-09; 8:45 am]

BILLING CODE 6560-50-P
