[Federal Register: September 17, 2003 (Volume 68, Number 180)]
[Rules and Regulations]
[Page 54366-54369]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17se03-8]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[MO 195-1195a; FRL-7559-9]
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 announcing approval of revisions to the Missouri State
Implementation Plan (SIP) and Operating Permit Program. The changes,
which include revisions to definitions, permit modification procedures,
and reporting requirements, were made to correct the operating permit
program deficiencies listed in the Notice of Deficiency (NOD) published
by EPA in the Federal Register on March 25, 2002. These revisions are
necessary to ensure consistency between the state and federally
approved rules. This rule finds that Missouri has cured all
deficiencies noticed on March 25, 2002, and permanently suspends any
resulting consequences, including sanctions, with respect to those
specific deficiencies.
DATES: This direct final rule will be effective November 17, 2003,
unless EPA receives adverse comments by October 17, 2003. If adverse
comments are 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: Comments may be submitted either by mail or electronically.
Written comments should be submitted to Harriett Jones, Environmental
Protection Agency, Air Permitting and Compliance Branch, 901 North 5th
Street, Kansas City, Kansas 66101. Electronic comments should be sent
either to jones.harriett@epa.gov or to http://www.regulations.gov,
which is an alternative method for submitting electronic comments to
EPA. To submit comments, please follow the detailed instructions
described in ``What action is EPA taking'' in the SUPPLEMENTARY
INFORMATION section.
Copies of documents relative to this action are available for
public inspection during normal business hours at the above-listed
Region 7 location. 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: Harriett Jones at (913) 551-7730, or
by e-mail at jones.harriett@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 Part 70 Operating Permits Program?
What is being addressed in this document?
Have the requirements for approval of a SIP revision and Part 70
program 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 compliance 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 sources 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
[[Page 54367]]
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 and local agencies operating permits program
are also subject to public notice, comment, and our approval.
What Is Being Addressed in This Document?
The state of Missouri has requested that we approve as a revision
to the Missouri SIP and part 70 Operating Permits Program recently
adopted revisions to rule 10 CSR 10-6.065. These revisions were adopted
to cure the deficiencies discussed in a March 25, 2002, Federal
Register (67 FR 13626), in which we notified Missouri of deficiencies
which we had identified in its Part 70 program. Missouri also made
other changes to its program to clarify its terms. These changes were
approved by the Missouri Air Conservation Commission on December 5,
2002, and became effective on April 30, 2003. An overview of the
revisions is discussed below.
(1) Definition of Major Source. For the purpose of determining Part
70 applicability, the definition of major source at 40 CFR 70.2
includes specific emission thresholds for sources in ozone transport
regions, carbon monoxide non-attainment areas, and particulate matter
(PM10) non-attainment areas. Missouri currently does not
have any of these areas within the state. However, Missouri's
regulations, which did not previously include these specific portions
of the definition of major source, have been revised to include them in
10 CSR 10-6.065(1)(D)3, which defines the term ``Part 70
installation.'' Because the term is also used in Missouri's SIP rules,
in particular 10 CSR 10-6.065(5), relating to intermediate (non-major)
permits, the revision of the term is a revision to the SIP.
(2) Revisions to Acid Rain Portion of Permit. The Title V permit
revision procedures specified at 40 CFR 70.7(e) require that any change
to the acid rain portion of the permit must be made in accordance with
the acid rain permit revision procedures specified in 40 CFR part 72
which were promulgated under Title IV of the Act. Missouri's
regulations, which did not previously include this requirement, have
been revised to include it in 10 CSR 10-6.065(6)(E)5.A.
(3) Contemporaneous notice required for ``off-permit'' changes. The
Title V permit regulations specified at 40 CFR 70.4(b)(14) require that
a state may allow ``off-permit'' changes (i.e., changes that are not
addressed or prohibited by the permit) provided that
``contemporaneous'' written notice of each such change is provided to
EPA and the permitting authority. Missouri's regulations at 10 CSR 10-
6.065(6)(C)9.B., which previously allowed these notices to be submitted
no later than the next annual emissions report, have been revised to
state that they must be submitted contemporaneously with the change.
(4) Minor permit modification procedures. The Title V permit
modification procedures specified at 40 CFR 70.7(e)(2)(ii)(C) require
that applications for minor permit modifications include certification
by a responsible official that the proposed modification meets the
criteria for use of minor permit modification procedures and a request
that such procedures be used. Missouri's regulations at 10 CSR 10-
6.065(6)(E)5.B.(II)(a)III which did not previously include this
requirement, have been revised to include it.
Have the Requirements for Approval of a SIP Revision and Part 70
Program 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
revision meets the substantive SIP requirements of the CAA, including
section 110 and implementing regulations. The submittal also meets the
substantive requirements of Title V of the 1990 CAA Amendments and 40
CFR part 70.
What Action Is EPA Taking?
We are approving the Missouri submission as a revision to the Title
V program, and to the extent that the definition of major source is
revised, as a SIP revision. We are also finding that Missouri has
corrected the deficiencies identified in the March 25, 2002, notice.
Finally, we are determining that Missouri is no longer subject to
sanctions for the deficiencies stated in the notice, and that our
obligation to promulgate a Federal permit program has terminated. We
are processing this action as a direct final rule because the revisions
merely correct the state regulations to be consistent with the
requirements of Federal law. 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.
You may submit comments either electronically or by mail. To ensure
proper receipt by EPA, identify the appropriate rulemaking
identification number, MO 195-1195a, in the subject line on the first
page of your comment. Please ensure that your comments are submitted
within the specified comment period. Comments received after the close
of the comment period will be marked ``late.'' EPA is not required to
consider these late comments.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket. 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.
a. Electronic mail. Comments may be sent by e-mail to Harriett
Jones at jones.harriett@epa.gov. Please include identification number
MO 195-1195a in the subject line. EPA's e-mail system is not an
``anonymous access'' system. If you send an e-mail comment directly
without going through Regulations.gov, EPA's e-mail system
automatically captures your e-mail address. E-mail addresses that are
automatically captured by EPA's e-mail system are included as part of
the comment that is placed in the official public docket.
b. Regulations.gov. Your use of Regulations.gov is an alternative
method of submitting electronic comments to EPA. Go directly to http://www.regulations.gov
, click on ``To Search for Regulations,'' then
select Environmental Protection Agency and use the ``go'' button. The
list of current EPA actions available for comment will be listed.
Please follow the online instructions for submitting comments. The
system is an ``anonymous access'' system, which means EPA will not know
your identity, e-mail address, or other contact information unless you
provide it in the body of your comment.
2. By Mail. Written comments should be sent to the name and address
listed
[[Page 54368]]
in the ADDRESSES section of this document.
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 (Public Law 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 is not economically significant.
In reviewing SIP and Title V 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 or Title V submission for failure to use VCS. It would
thus be inconsistent with applicable law for EPA, when it reviews a SIP
or Title V submission, to use VCS in place of a SIP or Title V
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 November 17, 2003. 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
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.
40 CFR Part 70
Administrative practice and procedure, Air pollution control,
Intergovernmental relations, Reporting and recordkeeping requirements.
Dated: September 4, 2003.
James B. Gulliford,
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 ``10-6.065'' to read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
[[Page 54369]]
EPA--Approved Missouri Regulations
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State
Missouri Title effective EPA approval date Explanation
citation date
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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
* * * * * * *
10-6.065 Operating Permits 4/30/03 September 12, 2003, FR page The state rule has
citation. sections (4)(A),
(4)(B), and (4)(H)--
Basic State Operating
Permits. EPA has not
approved those
sections. Section (6),
Part 70 Operating
Permits, has been
approved as an integral
part of the operating
permit program and has
not been approved as
part of the SIP. The
``intermediate source''
program in Section (5)
is approved, along with
other provisions of 10-
6.065 on which it
relies.
* * * * * * *
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* * * * *
PART 70--[AMENDED]
0
1. The authority citation for Part 70 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Appendix A--[Amended]
0
2. Appendix A to Part 70 is amended by adding paragraph (n) under
Missouri to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Missouri
* * * * *
(n) The Missouri Department of Natural Resources submitted Missouri
rule 10 CSR 10-6.065, ``Operating Permits,'' on May 6, 2003, approval
effective November 17, 2003.
* * * * *
[FR Doc. 03-23586 Filed 9-16-03; 8:45 am]
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