Approval and Promulgation of Implementation Plans; State of Missouri
[Federal Register: May 13, 2004 (Volume 69, Number 93)]
[Rules and Regulations]
[Page 26503-26506]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13my04-9]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R07-OAR-2004-MO-0001; FRL-7661-4]
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 announcing it is approving a revision to the Missouri
State Implementation Plan (SIP) which updates changes to the non-
regulatory portion of the Inspection and Maintenance (I/M) Program for
the St. Louis area. The original SIP for the centralized St. Louis I/M
program was approved in 2000 and the program was implemented in April
2000. Due to a regulatory amendment, the SIP was revised in 2002. At
that time, the non-regulatory portion of the SIP was not revised.
Approval of this revision will ensure consistency between the
description of the program included in the approved SIP and the current
Missouri program description.
DATES: This direct final rule will be effective July 12, 2004, without
further notice, unless EPA receives adverse comment by June 14, 2004.
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 Regional Material in
EDocket (RME) ID Number R07-OAR-2004-MO-0001, by one of the following
methods:
1. Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
2. Agency Web site: http://docket.epa.gov/rmepub/. RME, EPA's
electronic public docket and comment system, is EPA's preferred method
for receiving comments. Once in the
[[Page 26504]]
system, select ``quick search;'' then key in the appropriate RME Docket
identification number. Follow the on-line instructions for submitting
comments.
3. E-mail: Alan Banwart banwart.alan@epa.gov.
4. Mail: Alan Banwart, Environmental Protection Agency, Air
Planning and Development Branch, 901 North 5th Street, Kansas City,
Kansas 66101.
5. Hand Delivery or Courier: Deliver your comments to Alan Banwart,
Environmental Protection Agency, Air Planning and Development Branch,
901 North 5th Street, Kansas City, Kansas 66101.
Instructions: Direct your comments to RME ID No. R07-OAR-2004-MO-
0001. 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://docket.epa.gov/rmepub/, 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 information that you
consider to be CBI or otherwise protected through RME, regulations.gov,
or e-mail. The EPA RME Web site and the Federal regulations.gov Web
site are ``anonymous access'' systems, 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 RME or 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
RME index at http://docket.epa.gov/rmepub/. 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 RME
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: Alan Banwart at (913) 551-7819, or by
e-mail at banwart.alan@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 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 Being Addressed in This Document?
A request to revise the non-regulatory portion of the Vehicle
Inspection and Maintenance (I/M) SIP for the St. Louis area was
submitted to us. The SIP for the St. Louis I/M program was approved in
2000 and the program was implemented in April 2000. Due to a regulatory
amendment, the SIP was revised in 2002. At that time, the non-
regulatory portion of the SIP was not revised. The non-regulatory
portion is the narrative description of the current I/M program. While
the narrative description does not change regulatory requirements, some
portions are necessary to meet the requirements of the Federal I/M
rule. Other portions of the description are for informational purposes
and do not address SIP elements required by the Federal rule. This
revision will ensure consistency between the program description in the
SIP and the current Missouri program description.
The information submitted on October 1, 2003, included a signed
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approval of the Missouri SIP by the Missouri Air Conservation
Commission (MACC), all public notice articles and a record of the
public hearing. It also included the Missouri SIP for the Vehicle
Inspection and Maintenance Program for the St. Louis Maintenance Area.
There were 14 parts of the SIP submitted which included the non-
regulatory section of the SIP and 13 SIP attachments: (1) State of
Missouri Statutory Authority; (2) State of Missouri I/M Rules and
Regulations; (3) Memorandums of Understanding; (4) I/M Contract with
ESP Missouri, Inc.; (5) State of Missouri I/M Budget: Fiscal Year 2000;
(6) MOBILE6 Input and Output Files; (7) MOBILE6 Sample Calculations;
(8) Number of Vehicles in the I/M Program, Number of Exempt Vehicles in
the I/M Program and Number of Private and Local Government Fleets in
the I/M Program; (9) Procedures and Specifications; (10) ZIP Code
Listing Covering the I/M Program; (11) Public Education Plan; (12)
Missouri Department of Revenue's Contract with Fee Offices; (13) State
of Missouri Rule 11 CSR 50-2.400 Emissions Test Procedures for Franklin
County.
The required public's comments section was submitted to the EPA on
August 21, 2003.
On November 5, 2003, MDNR submitted a letter that included the
correct material identifying and describing the program that was
missing or out-dated from the original submittal. Attachment 2: State
of Missouri I/M Rules and Regulations replaced the outdated information
with the latest revision of 10 CSR 10-5.375 and 10 CSR 10-5.380. This
submittal also included a new title for Attachment 5: State of Missouri
I/M Budget: Fiscal Year 2004.
On December 19, 2003, MDNR sent Attachment 7: MOBILE 6 Sample
Calculations, to the EPA via email, because the original attachment did
not contain any information concerning the calculation.
For clarification, a list of the significant changes between the
old and new non-regulatory SIP provisions is provided below.
Section A--Applicability
Updated census population of the counties in I/M area.
Section C--I/M Performance Standard for the Enhanced and Basic Program
The Program now uses MOBILE 6 instead of MOBILE 5b to determine if
the performance standard is met.
Section D--Network Type and Program Evaluation
With MOBILE 6 as the new performance standard model, a comparison
with the Gateway Clean Air Program (GCAP) and the Basic EPA Performance
Standard was done to show that GCAP was meeting the standard. Here are
the results:
Composite Emission Factor at 19.6 Miles Per Hour
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VOC CO NOX
Types of program (gpm) (gpm) (gpm)
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No I/M Controls.............................. 1.45 15.91 2.54
EPA Basic Performance Standard............... 1.38 15.04 2.53
Missouri I/M Program......................... 1.26 13.42 2.41
EPA Enhanced Performance Standard............ 1.22 13.24 2.39
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This demonstration meets the requirements of 40 CFR 51.372(a)(2).
This element was previously approved based on the model applicable at
the time of the prior approval in 2000.
Section G--Vehicle Fleet Coverage Using Diagnostic Inspection
Updated number of government agencies and their fleet vehicles in
the I/M area.
Section H--Test Procedures and Standards
Phase-in of On-Board Diagnostics II (OBD II) began in January 2003,
becoming mandatory in 2005. This replaces the initial OBD system. This
revision reflects the revised program approved by EPA.
Section K--Waivers and Compliance Enforcement
Minimum expenditure for repairing a failing vehicle in order to
receive a waiver in the enhanced area has been increased from $75 to
$200 for 1971-1980 vehicles and $200 to $450 for 1981 and newer
vehicles. The program description is revised to describe this change.
Section M--Quality Assurance
More detail is given on the requirements of conducting an overt
audit. This revision describes the previously approved regulatory
amendment.
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, as explained above and in more detail in the technical
support document which is part of this document, the revision meets the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations and including 40 CFR part 51, subpart S,
Inspection and Maintenance Program Requirements.
What Action Is EPA Taking?
The EPA is approving the non-regulatory SIP revisions and we are
processing this action as a direct final action because the revisions
make routine changes to a non-regulatory portion of the 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 a state submission 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
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rule approves pre-existing provisions 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
(59 FR 22951, 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
submission describing implementation of 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 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 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 July 12, 2004. 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: April 16, 2004.
James B. Gulliford,
Regional Administrator, Region 7.
? Chapter I, title 40 of the Code of Federal Regulations is amended as
follows:
PART 52--[AMENDED]
? 1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart AA--Missouri
? 2. In Sec. 52.1320, the table in paragraph (e) is amended by adding an
entry at the end of the table to read as follows:
Sec. 52.1320 Identification of Plan.
* * * * *
(e) * * *
EPA-Approved Missouri Nonregulatory SIP Provisions
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Name of nonregulatory Applicable geographic State submittal EPA approval
SIP provision or nonattainment area date date Explanation
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* * * * * * *
Vehicle I/M Program... St. Louis.............. 10/1/03 05/13/04 [FR ..........
page citation].
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[FR Doc. 04-10874 Filed 5-12-04; 8:45 am]
BILLING CODE 6560-50-P