[Federal Register Volume 63, Number 245 (Tuesday, December 22, 1998)]
[Rules and Regulations]
[Pages 70665-70667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33835]
[[Page 70665]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region VII Docket No. 056-1056a; FRL-6206-1]
Approval and Promulgation of Implementation Plans; Missouri;
Designation of Areas For Air Quality Planning Purposes
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve certain portions of the Missouri construction permits
rule as an amendment to the Missouri State Implementation Plan (SIP).
These revisions make minor corrections to the ``Construction Permits
Required'' rule to increase readability and correct typographical and
punctuation errors.
DATES: This direct final rule is effective on February 22, 1999 without
further notice, unless the EPA receives adverse comment by January 21,
1999. If adverse comment is received, the EPA will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: Comments may be addressed to Kim Johnson, Environmental
Protection Agency, Air Planning and Development Branch, 726 Minnesota
Avenue, Kansas City, Kansas 66101.
Copies of the state submittal(s) are available at the following
addresses for inspection during normal business hours: Environmental
Protection Agency, Air Planning and Development Branch, 726 Minnesota
Avenue, Kansas City, Kansas 66101; and the Environmental Protection
Agency, Air and Radiation Docket and Information Center, Air Docket
(6102), 401 M Street, SW, Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Kim Johnson at (913) 551-7975.
SUPPLEMENTARY INFORMATION:
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 the 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
the EPA for approval and incorporation into the Federally enforceable
SIP.
Currently each state has a Federally approved SIP which 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 the EPA for inclusion into the SIP. The EPA 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 the EPA.
All state regulations and supporting information approved by the
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 but
are ``incorporated by reference,'' which means that the EPA has
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,
the EPA is authorized to take enforcement action against violators.
Citizens are also offered legal recourse to address violators as
described in the CAA.
What is Being Addressed in this Notice?
The revision to Rule 10 CSR 10-6.060, ``Construction Permits
Required,'' makes minor changes to the existing rule to increase
readability, correct typographical and punctuation errors, and maintain
consistency with the Federal regulations. For example, changing
``annual geometric mean'' to ``annual arithmetic mean'' when referring
to the total suspended particulate matter makes this rule consistent
with the Federal regulations.
What Is not Being Addressed in This Notice?
The revision also adds a Section (9) to the rule which implements
112(g) requirements of the 1990 CAA Amendments. Section 112(g) of the
CAA requires states to develop ``case-by-case'' maximum achievable
control technology (MACT) standards if the EPA has not issued a MACT
standard for that particular type of hazardous air pollutant source.
These ``case-by-case'' standards apply to industries that are major
sources of hazardous air pollutants and plan to construct or
reconstruct before a standard is set.
We will not act on Section (9) in this action because it is a part
of the Section 112 Air Toxics Program and not a part of the Section 110
Criteria Pollutant Program.
What Action Is the EPA Taking?
The EPA is processing this action as a direct final because the
revisions make minor corrections to the existing rule which are
noncontroversial. Therefore, we do not anticipate any adverse comments.
Conclusion
Final Action
The EPA is taking final action to approve, as an amendment to the
SIP, the revision to Rule 10 CSR 10-6.060, ``Construction Permits
Required,'' submitted by the state of Missouri on May 28, 1998, except
Section (9).
The EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, the EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective February 22,
1999 without further notice unless the Agency receives adverse comments
by January 21, 1999.
If the EPA receives such comments, then the EPA will publish a
document withdrawing the final rule and informing the public that the
rule will not take effect. All public comments received will then be
addressed in a
[[Page 70666]]
subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on February 22, 1999, and
no further action will be taken on the proposed rule.
Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order (E.O.) 12866, entitled
``Regulatory Planning and Review.''
B. Executive Order 12875
Under E.O. 12875, the EPA may not issue a regulation that is not
required by statute and that creates a mandate upon a state, local or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments, or the EPA consults with those governments. If the EPA
complies by consulting, E.O. 12875 requires the EPA to provide to the
OMB a description of the extent of the EPA's prior consultation with
representatives of affected state, local and tribal governments, the
nature of their concerns, copies of any written communications from the
governments, and a statement supporting the need to issue the
regulation. In addition, E.O. 12875 requires the EPA to develop an
effective process permitting elected officials and other
representatives of state, local and tribal governments ``to provide
meaningful and timely input in the development of regulatory proposals
containing significant unfunded mandates.''
Today's rule does not create a mandate on state, local or tribal
governments. The rule does not impose any enforceable duties on these
entities. Accordingly, the requirements of section 1(a) of E.O. 12875
do not apply to this rule.
C. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997) applies to any rule that: (1) is
determined to be ``economically significant'' as defined under E.O.
12866, and (2) concerns an environmental health or safety risk that the
EPA has reason to believe may have a disproportionate effect on
children. If the regulatory action meets both criteria, the Agency must
evaluate the environmental health or safety effects of the planned rule
on children, and explain why the planned regulation is preferable to
other potentially effective and reasonably feasible alternatives
considered by the Agency.
This rule is not subject to E.O. 13045 because it does not involve
decisions intended to mitigate environmental health or safety risks.
D. Executive Order 13084
Under E.O. 13084, the EPA may not issue a regulation that is not
required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, E.O. 13084 requires the EPA
to provide to the OMB, in a separately identified section of the
preamble to the rule, a description of the extent of the EPA's prior
consultation with representatives of affected tribal governments, a
summary of the nature of their concerns, and a statement supporting the
need to issue the regulation. In addition, E.O. 13084 requires the EPA
to develop an effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.''
Today's rule does not significantly or uniquely affect the
communities of Indian tribal governments. This action does not involve
or impose any requirements that affect Indian tribes. Accordingly, the
requirements of section 3(b) of E.O. 13084 do not apply to this rule.
E. Regulatory Flexibility Act (RFA)
The RFA generally requires an agency to conduct a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small not-for-profit
enterprises, and small governmental jurisdictions. This final rule will
not have a significant impact on a substantial number of small entities
because SIP approvals under section 110 and Subchapter I, Part D of the
CAA do not create any new requirements but simply approve requirements
that the state is already imposing. Therefore, because the Federal SIP
approval does not create any new requirements, I certify that this
action will not have a significant economic impact on a substantial
number of small entities. Moreover, due to the nature of the Federal-
state relationship under the CAA, preparation of flexibility analysis
would constitute Federal inquiry into the economic reasonableness of
state action. The CAA forbids the EPA to base its actions concerning
SIPs on such grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246,
255-66 (1976); 42 U.S.C. 7410(a)(2).
F. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act'') signed into law on March 22, 1995, the EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
annual costs to state, local, or tribal governments in the aggregate;
or to private sector, of $100 million or more. Under section 205, the
EPA must select the most cost-effective and least burdensome
alternative that achieves the objectives of the rule and is consistent
with statutory requirements. Section 203 requires the EPA to establish
a plan for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
The EPA has determined that the approval action promulgated does
not include a Federal mandate that may result in estimated annual costs
of $100 million or more to either state, local, or tribal governments
in the aggregate, or to the private sector. This Federal action
approves preexisting requirements under state or local law and imposes
no new requirements. Accordingly, no additional costs to state, local,
or tribal governments, or to the private sector, result from this
action.
G. Submission to Congress and the Comptroller General
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. The 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 U.S. Comptroller General prior to publication
of the rule in the Federal Register. This
[[Page 70667]]
rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).
H. Petitions for Judicial Review
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 February 22, 1999. 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,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: December 2, 1998.
William Rice,
Acting Regional Administrator, Region VII.
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. Section 52.1320 is amended by adding paragraph (c)(110) to read
as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
(110) On May 28, 1998, the Missouri Department of Natural Resources
submitted revisions to the construction permits rule.
(i) Incorporation by reference.
(A) Missouri Rule 10 CSR 10-6.060, ``Construction Permits
Required,'' except Section (9), effective April 30, 1998.
[FR Doc. 98-33835 Filed 12-21-98; 8:45 am]
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