Air quality implementation plans; approval and promulgation; various States: Missouri,
[Federal Register: June 29, 1999 (Volume 64, Number 124)]
[Rules and Regulations]
[Page 34717-34726]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29jn99-5]
[[Page 34717]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MO 065-1065; FRL-6364-3]
Approval and Promulgation of Air Quality Implementation Plans; Revised Format for Materials Being Incorporated by Reference for Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; notice of administrative change.
SUMMARY: EPA is revising the format of 40 CFR part 52 for materials submitted by the state of Missouri that are incorporated by reference (IBR) into its State Implementation Plan (SIP). The regulations affected by this format change have all been previously submitted by the state agency and approved by EPA.
EFFECTIVE DATE: This action is effective June 29, 1999.
ADDRESSES: SIP materials which are incorporated by reference into 40 CFR part 52 are available for inspection at the following locations: Environmental Protection Agency, Region VII, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101; Office of Air and Radiation, Docket and Information Center (Air Docket), Environmental Protection Agency, 401 M Street, SW, Room M1500, Washington, DC 20460; and Office of the Federal Register, 800 North Capitol Street, NW, Suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Edward West, Regional SIP Coordinator at the above Region VII address or at (913) 551-7330.
SUPPLEMENTARY INFORMATION: This format revision will affect the ``Identification of Plan'' section of 40 CFR part 52, as well as the format of the SIP materials that will be available for public inspection at the Office of the Federal Register (OFR); the Air and Radiation Docket and Information Center located in Waterside Mall, Washington, DC; and the Region VII Office. The sections of 40 CFR part 52 pertaining to provisions promulgated by EPA or state-submitted materials not subject to IBR review remain unchanged.
The supplementary information is organized in the following order:
Description of a SIP How EPA Enforces SIPs How the State and EPA updates the SIP How EPA Compiles the SIPs How EPA Organizes the SIP Compilation Where You Can Find a Copy of the SIP Compilation The Format of the New Identification of Plan Section When a SIP Revision Becomes Federally Enforceable The Historical Record of SIP Revision Approvals What EPA Is Doing in This Action How This Document Complies With the Federal Administrative Requirements for Rulemaking
Description of a SIP
Each state has a SIP containing the control measures and strategies used to attain and maintain the national ambient air quality standards (NAAQS). The SIP is extensive, containing such elements as air pollution control regulations, emission inventories, monitoring network, attainment demonstrations, and enforcement mechanisms.
How EPA Enforces SIPs
Each state must formally adopt the control measures and strategies in the SIP after the public has had an opportunity to comment on them. They are then submitted to EPA as SIP revisions on which EPA must formally act.
Once these control measures and strategies are approved by EPA, after notice and comment, they are incorporated into the Federally approved SIP and are identified in part 52 (Approval and Promulgation of Implementation Plans), Title 40 of the Code of Federal Regulations (40 CFR part 52). The full text of the state regulation approved by EPA is not reproduced in its entirety in 40 CFR part 52, but is ``IBR.'' This means that EPA has approved a given state regulation with a specific effective date. The public is referred to the location of the full text version should they want to know which measures are contained in a given SIP. (Where you can find a copy of the SIP compilation.) The information provided allows EPA and the public to monitor the extent to which a state implements the SIP to attain and maintain the NAAQS and to take enforcement action if necessary.
How the State and EPA Updates the SIP
The SIP is a living document which the state can revise as necessary to address the unique air pollution problems in the state. Therefore, EPA from time to time must take action on SIP revisions containing new and/or revised regulations as being part of the SIP. On May 22, 1997 (62 FR 27968), EPA revised the procedures for incorporating by reference Federally approved SIPs, as a result of consultations between EPA and OFR.
EPA began the process of developing: (1) A revised SIP document for each state that would be incorporated by reference under the provisions of 1 CFR part 51; (2) a revised mechanism for announcing EPA approval of revisions to an applicable SIP and updating both the IBR document and the CFR; and (3) a revised format of the ``Identification of Plan'' sections for each applicable subpart to reflect these revised IBR procedures.
The description of the revised SIP document, IBR procedures, and ``Identification of Plan'' format are discussed in further detail in the May 22, 1997, Federal Register document.
How EPA Compiles the SIPs
The Federally approved regulations and source-specific permits submitted by Missouri have been organized by EPA into a SIP compilation that contains the updated regulations and source-specific permits approved by EPA through previous rulemaking actions in the Federal Register. The compilations are contained in three-ring binders and will be updated, primarily on an annual basis. The nonregulatory provisions are available by contacting Ed West at the Regional Office.
How EPA Organizes the SIP Compilation
Each compilation contains three parts. Part one contains the state regulations, part two contains the source-specific requirements that have been approved as part of the SIP, and part three contains nonregulatory provisions that have been EPA-approved. Each part consists of a table of identifying information for each regulation, each source-specific permit, and each nonregulatory provision. The effective dates in the tables indicate the date of the most recent revision of the regulation. The table of identifying information in the compilation corresponds to the table of contents published in 40 CFR part 52 for the state. The regional EPA Offices have the primary responsibility for ensuring accuracy and updating the compilations.
Where You Can Find a Copy of the SIP Compilation
The Region VII EPA Office developed and will maintain the compilation for Missouri. A copy of the full text of the state's current compilation will also be maintained at the OFR and EPA's Air Docket and Information Center. Missouri rules are also available electronically at http://www.epa.gov/
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region07/programs/artd/air/rules/missouri /toc.htm.
The Format of the New Identification of Plan Section
In order to better serve the public, EPA revised the organization of the ``Identification of Plan'' section and included additional information to clarify the enforceable elements of the SIP.
The revised Identification of Plan section contains five subsections: 1. Purpose and scope 2. Incorporation by reference 3. EPA-approved regulations 4. EPA-approved source-specific permits 5. EPA-approved nonregulatory provisions such as transportation control measures, statutory provisions, control strategies, monitoring networks, etc.
When a SIP Revision Becomes Federally Enforceable
All revisions to the applicable SIP become Federally enforceable as of the effective date of the revisions to paragraphs (c) or (d) of the applicable Identification of Plan section found in each subpart of 40 CFR part 52.
The Historical Record of SIP Revision Approvals
To facilitate enforcement of previously approved SIP provisions and provide a smooth transition to the new SIP processing system, EPA retains the original Identification of Plan section, previously appearing in the CFR as the first or second section of part 52 for each state subpart. After an initial two-year period, EPA will review its experience with the new system and its ability to enforce previously approved SIP measures, and will decide whether or not to retain the Identification of Plan appendices for some further period.
What EPA Is Doing in This Action
Today's action constitutes a ``housekeeping'' exercise to ensure that all revisions to the state programs that have occurred are accurately reflected in 40 CFR part 52. State SIP revisions are controlled by EPA regulations at 40 CFR part 51. When EPA receives a formal SIP revision request, the Agency must publish the proposed revision in the Federal Register and provide for public comment before approval.
EPA has determined that today's action falls under the ``good cause'' exemption in section 553(b)(3)(B) of the Administrative Procedures Act (APA) which, upon finding ``good cause,'' authorizes agencies to dispense with public participation and section 553(d)(3) which allows an agency to make a rule effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA). Today's action simply codifies provisions which are already in effect as a matter of law in Federal and approved state programs.
Under section 553 of the APA, an agency may find good cause where procedures are ``impractical, unnecessary, or contrary to the public interest.'' Public comment is ``unnecessary'' and ``contrary to the public interest'' since the codification only reflects existing law. Immediate notice in the CFR benefits the public by removing outdated citations.
How This Document Complies With the Federal Administrative Requirements for Rulemaking
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Executive Order (E.O.) 12866
The Office of Management and Budget (OMB) has exempted this regulatory action from E.O. 12866, entitled ``Regulatory Planning and Review.''
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E.O. 12875
Under E.O. 12875, Enhancing the Intergovernmental Partnership, 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 EPA consults with those governments. If EPA complies by consulting, E.O. 12875 requires EPA to provide to the OMB a description of the extent of 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 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.
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E.O. 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 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 is not an economically significant regulatory action as defined by E.O. 12866, and it does not address an environmental health or safety risk that would have a disproportionate effect on children.
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E.O. 13084
Under E.O. 13084, Consultation and Coordination with Indian Tribal Governments, 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 EPA to provide to the OMB, in a separately identified section of the preamble to the rule, a description of the extent of 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 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 rule 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.
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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
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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 Clean Air Act (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 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).
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Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 1995, 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 the private sector, of $100 million or more. Under Section 205, 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 EPA to establish a plan for informing and advising any small governments that may be significantly or uniquely impacted by the rule.
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.
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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. EPA will submit a report containing this rule and other required information to the United States Senate, the United State House of Representatives, and the United States Comptroller General prior to publication of the rule in the Federal Register. This rule is not a ``major'' rule as defined by 5 U.S.C. 804(2).
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Petitions for Judicial Review
EPA has determined that the provisions of section 307(b)(1) of the Clean Air Act pertaining to petitions for judicial review are not applicable to this action. Prior EPA rulemaking actions for each individual component of the Missouri SIP compilation had previously afforded interested parties the opportunity to file a petition for judicial review in the United States Court of Appeals for the appropriate circuit within 60 days of such rulemaking action. Thus, EPA sees no need in this action to reopen the 60-day period for filing such petitions for judicial review for this ``Identification of plan'' reorganization action.
List of Subjects 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.
Dated: June 11, 1999. William Rice, Acting Regional Administrator. Region VII.
Part 52 of Chapter I, Title 40, Code of Federal Regulations, is amended as follows:
PART 52--[AMENDED]
1. The authority for 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 redesignated as Sec. 52.1322 and the heading and paragraph (a) are revised to read as follows:
Sec. 52.1322 Original Identification of Plan Section.
(a) This section identifies the original ``Air Implementation Plan for the State of Missouri'' and all revisions submitted by Missouri that were Federally approved prior to July 1, 1999. * * * * *
3. A new Sec. 52.1320 is added to read as follows:
Sec. 52.1320 Identification of Plan.
(a) Purpose and scope. This section sets forth the applicable SIP for Missouri under section 110 of the CAA, 42 U.S.C. 7401, and 40 CFR part 51 to meet national ambient air quality standards (NAAQS).
(b) Incorporation by reference.
(1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to July 1, 1999, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after July 1, 1999, will be incorporated by reference in the next update to the SIP compilation.
(2) EPA Region VII certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated state rules/regulations which have been approved as part of the SIP as of July 1, 1999.
(3) Copies of the materials incorporated by reference may be inspected at the Environmental Protection Agency, Region VII, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101; the Office of Federal Register, 800 North Capitol Street, NW, Suite 700, Washington, DC; or at EPA Air and Radiation Docket and Information Center, Air Docket (6102), 401 M Street, SW, Washington, DC 20460.
(c) EPA-approved regulations.
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EPA-Approved Missouri Regulations
State Missouri citation
Title
effective EPA approval date
Explanation date
Missouri Department of Natural Resources
Chapter 1--General Organization
10-1.010................... General Organization.. 10/1/82 7/21/83, 48 FR 33265..
Chapter 2--Air Quality Standards and Air Pollution Control Regulations for the Kansas City Metropolitan Area
10-2.030................... Restriction of
11/1/79 5/22/81, 46 FR 27932.. 9/27/84, 49 FR 38103 Emission of
(correction). Particulate Matter
10/5/89, 54 FR 41094 from Industrial
(correction). Processes. 10-2.040. Maximum Allowable
9/4/84 1/24/85, 50 FR 3337... Emission of Particulate Matter from Fuel Burning Equipment Used for Indirect Heating. 10-2.060................... Restriction of
7/1/77 3/18/80, 45 FR 17145.. Emission of Visible Air Contaminants. 10-2.080................... Emission of Visible
2/25/70 3/18/80, 45 FR 17145.. Air Contaminants from Internal Combustion Engines. 10-2.090................... Incinerators.......... 2/25/70 3/18/80, 45 FR 17145.. The state has rescinded this rule. 10-2.100................... Open Burning
4/2/84 8/31/84, 49 FR 34484.. Restrictions. 10-2.150................... Time Schedule for
2/25/70 3/18/80, 45 FR 17145.. Compliance. 10-2.210................... Control of Emissions 11/29/91 8/24/94, 59 FR 43480.. 4/3/95, 60 FR 16806 from Solvent Metal
(correction). Cleaning. 10-2.220................... Liquefied Cutback
6/3/91 6/23/92, 57 FR 27939.. Asphalt Paving Restricted. 10-2.230................... Control of Emissions 11/29/91 8/24/94, 59 FR 43480.. 4/3/95, 60 FR 16806 from Industrial
(correction). Surface Coating Operations. 10-2.260................... Control of Petroleum 11/30/95 8/20/97, 62 FR 44219.. Liquid Storage, Loading, and Transfer. 10-2.280................... Control of Emissions 11/29/91 8/24/94, 59 FR 43480.. 4/3/95, 60 FR 16806 from
(correction). Perchloroethylene Dry Cleaning Installations. 10-2.290. Control of Emissions
3/30/92 8/30/93, 58 FR 45451.. The state rule has From Rotogravure and
Sections (6)(A) and Flexographic Printing
(6)(B), which EPA has Facilities.
not approved. 9/6/94, 59 FR 43376 (correction). 10-2.300................... Control of Emissions 11/29/91 8/24/94, 59 FR 43480.. 4/3/95, 60 FR 16806 from the
(correction). Manufacturing of
Section (1)(A) is not Paints, Varnishes,
a part of the SIP. Lacquers, Enamels and Other Allied Surface Coating Products. 10-2.310................... Control of Emissions 11/29/91 8/24/94, 59 FR 43480.. 4/3/95, 60 FR 16806 from the Application
(correction). of Automotive Underbody Deadeners. 10-2.320................... Control of Emissions 11/29/91 8/24/94, 59 FR 43480.. 4/3/95, 60 FR 16806 from Production of
(correction). Pesticides and Herbicides. 10-2.330................... Control of Gasoline
9/30/97 4/24/98, 63 FR 20318.. Reid Vapor Pressure. 10-2.340................... Control of Emissions 10/15/91 6/23/92, 57 FR 27939.. from Lithographic Printing Facilities. 10-2.360................... Control of Emissions 11/30/95 7/20/98, 63 FR 38755.. from Bakery Ovens. 10-2.390................... Conformity to State
11/30/96 9/5/97, 62 FR 46880... 2/10/98, 63 FR 6645 Implementation Plans
(correction). of Transportation Plans, Programs, and Projects Developed, Funded, or Approved Under Title 23 U.S.C. or the Federal Transit Act.
Chapter 3--Air Pollution Control Regulations for the Outstate Missouri Area
10-3.010................... Auto Exhaust Emission
2/1/78 3/18/80, 45 FR 17145.. Controls. 10-3.030................... Open Burning
7/31/98 4/1/99, 64 FR 15688... Restrictions. 10-3.040................... Incinerators.......... 2/1/78 3/18/80, 45 FR 17145.. The state has rescinded this rule. 10-3.050................... Restriction of
10/2/78 7/6/82, 47 FR 29233... Emission of Particulate Matter From Industrial Processes. 10-3.060................... Maximum Allowable
9/4/84 1/24/85, 50 FR 3337... EPA has not approved Emissions of
the exemption in Particulate Matter
Section (7). From Fuel Burning Equipment.
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10-3.080................... Restriction of
4/30/96 11/27/98, 63 FR 65559. Emission of Visible Air Contaminants.
Chapter 4--Air Quality Standards and Air Pollution Control Regulations for Springfield-Greene County Area
10-4.030................... Restriction of
11/1/79 5/22/81, 46 FR 27932.. 9/24/84, 49 FR 38103 Emission of
(correction). Particulate Matter
10/5/89, 54 FR 41094 From Industrial
(correction). Processes. 10-4.040................... Maximum Allowable
9/4/84 1/24/85, 50 FR 3337... Emission of Particulate Matter From Fuel Burning Equipment Used for Indirect Heating. 10-4.060................... Restrictions of
7/1/77 3/18/80, 45 FR 17145.. Emission of Visible Air Contaminants. 10-4.080................... Incinerators.......... 12/16/69 3/18/80, 45 FR 17145.. The state has rescinded this rule. 10-4.090................... Open Burning
4/2/84 8/31/84, 49 FR 34484.. Restrictions. 10-4.140................... Time Schedule for
12/15/69 3/18/80, 45 FR 17145.. Compliance.
Chapter 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
10-5.030................... Maximum Allowable
9/4/84 1/24/85 50 FR 3337.... Emission of Particulate Matter from Fuel Burning Equipment Used for Indirect Heating. 10-5.040................... Use of Fuel in Hand-
9/18/70 3/18/80 45 FR 17145... Fired Equipment Prohibited. 10-5.050................... Restriction of
11/1/79 5/22/81 46 FR 27932... 9/27/84 49 FR 38103 Emission of
(correction). Particulate Matter
10/5/89 54 FR 41094 From Industrial
(correction). Processes. 10-5.060................... Refuse Not To Be
9/18/70 3/18/80 45 FR 17145... The state has Burned in Fuel
rescinded this rule. Burning Installations. 10-5.070................... Open Burning
4/2/84 8/31/84 49 FR 34484... Restrictions. 10-5.080................... Incinerators.......... 9/18/70 3/18/80 45 FR 17145... The state has rescinded this rule. 10-5.090................... Restriction of
7/1/77 4/9/80 45 FR 24140.... 7/11/80 45 FR 46806 Emission of Visible
(correction). Air Contaminants. 10-5.120................... Information on Sales
9/18/70 3/18/80 45 FR 17145... of Fuels to be Provided and Maintained. 10-5.130................... Certain Coals to be
9/18/70 3/18/80 45 FR 17145... Washed. 10-5.180................... Emission of Visible
9/18/70 3/18/80 45 FR 17145... Air Contaminants from Internal Combustion Engines. 10-5.220................... Control of Petroleum 11/30/95 8/20/97 62 FR 44219... Liquid Storage, Loading and Transfer. 10-5.240................... Additional Air Quality 9/18/70 3/18/80 45 FR 17145... Control Measures May Be Required When Sources Are Clustered in a Small Land Area. 10-5.250................... Time Schedule for
1/18/72 3/18/80 45 FR 17145... Compliance. 10-5.290................... More Restrictive
5/3/82 8/30/82 47 FR 38123... The state has deleted Emission Limitations
all provisions to for Sulfur Dioxide
N.L. Industries, and Particulate
which is no longer in Matter in the South
operation, and has St. Louis Area.
made significant changes to the provisions affecting Carondelet Coke. 10-5.300................... Control of Emissions 11/29/91 8/24/94 59 FR 43480... 4/3/95 60 FR 16806 from Solvent Metal
(correction). Cleaning. 10-5.310................... Liquefied Cutback
3/1/89 3/5/90 55 FR 7712..... Asphalt Restricted. 10-5.320................... Control of Emissions 11/29/91 8/24/94 59 FR 43480... 4/3/95 60 FR 16806 from
(correction). Perchloroethylene Dry Cleaning Installations. 10-5.330................... Control of Emissions 11/29/91 8/24/94 59 FR 43480... 4/3/95 60 FR 16806 from Industrial
(correction). Surface Coating Operations. 10-5.340................... Control of Emissions
3/30/92 8/30/93 58 FR 45451... The state rule has From Rotogravure and
Section (6)(A)(B), Flexographic Printing
which EPA has not Facilities.
approved. 9/6/94 59 FR 43376 (correction). 10-5.350................... Control of Emissions 11/29/91 8/24/94 59 FR 4348.... 04/3/95 60 FR 16806 From Manufacture of
(Correction Notice). Synthesized Pharmaceutical Products.
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10-5.360................... Control of Emissions 11/29/91 8/24/94 59 FR 43480... 4/3/95 60 FR 16806 from Polyethylene Bag
(Correction Notice). Sealing Operations. 10-5.370................... Control of Emissions 11/29/91 8/24/94 59 FR 43480... 4/3/95 60 FR 16806 from the Application
(Correction Notice). of Deadeners and Adhesives. 10-5.380................... Motor Vehicle
1/3/84 8/12/85 50 FR 32411... ...................... Emissions Inspection. 10-5.390................... Control of Emissions 11/29/91 8/24/94 59 FR 43480... 4/3/95 60 FR 16806 from Manufacturing of
(Correction Notice). Paints, Varnishes, Lacquers, Enamels and Other Allied Surface Coating Products. 10-5.410................... Control of Emissions 11/29/91 8/24/94 59 FR 43480... 4/3/95 60 FR 16806 From Manufacture of
(Correction Notice). Polystyrene Resin. 10-5.420................... Control of Equipment
3/1/89 3/5/90 55 FR 7712..... Leaks from Synthetic Organic Chemical and Polymer Manufacturing Plants. 10-5.480................... Conformity to State
11/30/96 9/5/97 62 FR 46880.... 2/10/98 63 FR 6645 Implementation Plans
(correction). of Transportation Plans, Programs, and Projects Developed, Funded, or Approved Under Title 23 U.S.C. or the Federal Transit Act.
Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of Missouri
10-6.010................... Ambient Air Quality... 4/18/88 7/31/89 54 FR 31524... The state adopted and submitted a revised ozone standard and a lead standard which EPA never acted on. 10-6.020................... Definitions and Common 5/31/96 5/14/97 62 FR 26405... ...................... Reference Tables. 10-6.030................... Sampling Methods for 10/31/98 4/1/9964 FR 15688.... ...................... Air Pollution Sources. 10-6.040................... Reference Methods..... 4/18/88 7/31/89 54 FR 31524... Section 7, pertaining to percent sulfur in liquid hydrocarbons, is not part of the SIP. 10-6.050................... Start-up, Shutdown,
11/1/79 3/22/81, 46 FR 27932.. 9/27/84 49 FR 38103 and Malfunction
(correction). Conditions. 10-6.060................... Construction Permits
3/31/98 12/22/98, 63 FR 70665. Section 9, pertaining Required.
to hazardous air pollutants, is not part of the SIP. 10-6.065................... Operating Permits..... 5/31/96, 5/14/97 62 FR 26405... The state rule has sections (4)(A), (4)(B), and (4)(H)-- Basic State Operating Permits. EPA has not approved those sections. 8/26/97 62 FR 45165 (revision notice). 10-6.110................... Submission of Emission 12/31/95 8/26/97, 62 FR 45166.. Section (5), Emission Data, Emission Fees
Fees, has not been and Process
approved as part of Information.
the SIP. 2/10/98 63 FR 6648 (correction). 10-6.120................... Restriction of
5/31/96 3/5/97, 62 FR 9970.... Emissions of Lead from Primary Lead Smelter-Refinery Installations. 10-6.130................... Controlling Emissions 4/18/88 7/31/89, 54 FR 31524.. During Episodes of High Air Pollution. 10-6.140................... Restriction of
5/1/86 3/31/89, 54 FR 13184.. Emissions Credit for Reduced Pollutant Concentrations from the Use of Dispersion Techniques. 10-6.150................... Circumvention......... 8/15/90 4/17/91 56 FR 15500... 10-6.170................... Restriction of
9/30/96 1/21/98, 63 FR 3037... Particulate Matter to the Ambient Air Beyond the Premises of Origin. 10-6.180................... Measurement of
11/19/90 7/23/91, 56 FR 33714.. Emissions of Air Contaminants. 10-6.210................... Confidential
1/27/95 2/29/96, 61 FR 7714... Information. 10-6.260................... Restriction of
7/31/96 8/27/98, 63 FR 45727.. EPA did not approve Emission of Sulfur
section (4) of the Compounds.
state rule.
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10-6.300................... Conformity of General 8/31/96 5/14/97, 62 FR 26395.. Federal Actions to State Implementation Plans. 10-6.330................... Charcoal Kilns........ 6/30/98 12/8/98, 63 FR 67591..
Missouri Department of Public Safety Division 50--State Highway Patrol Chapter 2--Motor Vehicle Inspection
50-2.010................... Definitions........... 4/11/82 8/12/85, 50 FR 32411.. 50-2.020................... Minimum Inspection
10/11/82 8/12/85, 50 FR 32411.. Station Requirements. 50-2.030................... Inspection Station
12/11/77 8/12/85, 50 FR 32411.. Classification. 50-2.040................... Private Inspection
5/31/74 8/12/85, 50 FR 32411.. Stations. 50-2.050................... Inspection Station
11/11/79 8/12/85, 50 FR 32411.. Permits. 50-2.060................... Display of Permits,
11/31/74 8/12/85, 50 FR 32411.. Signs and Poster. 50-2.070................... Hours of Operation.... 11/11/83 8/12/85, 50 FR 32411.. 50-2.080................... Licensing of Inspector/ 4/13/78 8/12/85, 50 FR 32411.. Mechanics. 50-2.090................... Inspection Station
8/11/78 8/12/85, 50 FR 32411.. Operational Requirements. 50-2.100................... Requisition of
6/12/80 8/12/85, 50 FR 32411.. Inspection Stickers and Decals. 50-2.110................... Issuance of Inspection 12/11/77 8/12/85, 50 FR 32411.. Stickers and Decals. 50-2.120................... MVI-2 Form............ 11/11/83 8/12/85, 50 FR 32411.. 50-2.130................... Violations of Laws or 5/31/74 8/12/85, 50 FR 32411.. Rules Penalty. 50-2.260................... Exhaust System........ 5/31/74 8/12/85, 50 FR 32411.. 50-2.280................... Air Pollution Control 12/11/80 8/12/85, 50 FR 32411.. Devices. 50-2.290................... Fuel Tank............. 5/3/74 8/12/85, 50 FR 32411.. 50-2.350................... Applicability of Motor 5/1/84 8/12/85, 50 FR 32411.. Vehicle Emission Inspection. 50-2.360................... Emission Fee.......... 11/1/83 8/12/85, 50 FR 32411.. 50-2.370................... Inspection Station
12/21/90 10/13/92, 57 FR 46778. Licensing. 50-2.380................... Inspector/Mechanic
11/1/83 8/12/85, 50 FR 32411.. Licensing. 50-2.390................... Safety/Emission
11/1/83 8/12/85, 50 FR 32411.. Stickers. 50-2.400................... Emission Test
6/15/87 9/15/88, 53 FR 35820.. Subsections (3)(B)3, Procedures.
(4)(A), (4)(B), (4)(B)1 and 2, (4)(B)5, and a portion of (4)(B)6 are not approved as part of the SIP. 50-2.401................... General Specifications 12/21/90 10/13/92, 57 FR 46778. 50-2.402................... MAS Software Functions 12/21/90 10/13/92, 57 FR 46778. The SIP does not include Section (6), Safety Inspection. 50-2.403................... Missouri Analyzer
12/21/90 10/13/92, 57 FR 46778. The SIP does not System (MAS) Display
include Section and Program
(3)(B)4, Safety Requirements.
Inspection Sequences or (3)(M)5(II), Safety Inspection Summary. 50-2.404................... Test Record
12/21/90 10/13/92, 57 FR 46778. The SIP does not Specifications.
include Section (5), Safety Inspection Results. 50-2.405................... Vehicle Inspection
12/21/90 10/13/92, 57 FR 46778. Certificate, Vehicle Inspection Report, and Printer Function Specifications. 50-2.406................... Technical
12/21/90 10/13/92, 57 FR 46778. Specifications for the MAS. 50-2.407................... Documentation,
12/21/90 10/13/92 57 FR 46778.. Logistics and Warranty Requirements. 50-2.410................... Vehicles Failing
12/21/90 10/13/92, 57 FR 46778. Reinspection. 50-2.420................... Procedures for
12/21/90 10/13/92, 57 FR 46778. Conducting Only Emission Tests.
Kansas City Article III--Air Pollution
18.83...................... Definitions........... 10/31/96 4/22/98, 63 FR 19823.. 18.91...................... Incinerators.......... 10/31/96 4/22/98, 63 FR 19823..
Kansas City Chapter 8--Air Quality
8-2........................ Definitions........... 10/31/96 4/22/98, 63 FR 19823.. 8-4........................ Open Burning.......... 10/31/96 4/22/98, 63 FR 19823..
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Springfield--Chapter 2A--Air Pollution Control Standards
Article I.................. Definitions........... 10/31/96 4/22/98, 63 FR 19823.. Only Section 2A-2 is approved by EPA. Article VII................ Stack Emission Test
10/31/96 4/22/98, 63 FR 19823.. Only Section 2A-25 is Method.
approved by EPA. Article IX................. Incinerator........... 10/31/96 4/22/98, 63 FR 19823.. Only Sections 2A-34 through 38 are approved by EPA. Article XX................. Test Methods and
10/31/96 4/22/98, 63 FR 19823.. Only Sections 2A-51, Tables.
55, and 56 are approved by EPA.
St Louis City Ordinance 59270
Section 4.................. Definitions........... 10/31/96 4/22/98, 63 FR 19823.. Section 12................. Open Burning
10/31/96 4/22/98, 63 FR 19823.. Restrictions.
(d) EPA-approved state source-specific permits and orders.
EPA--Approved Missouri Source Specific Permits and Orders
State Name of source
Order/permit number effective EPA approval date Explanation date
ASARCO Inc. Lead Smelter Glover, Order................... 8/13/80 4/27/81, 46 FR MO.
23412. St. Joe Lead (Doe Run) Company Order................... 3/21/84 6/11/84, 49 FR Lead Smelter Herculaneum, MO.
24022. AMAX Lead (Doe Run) Company Lead Order................... 9/27/84 1/7/85, 50 FR 788.. Smelter Boss, MO. Gusdorf Operating Permit 11440 Permit Nos: 04682-04693. Lackland Road St Louis County, MO. 4/29/80 (St Louis County)....... 10/15/84, 49 FR 40164... Doe Run Lead Smelter
Consent Order........... 3/9/90 3/6/92, 57 FR 8077. Herculaneum, MO. Doe Run Lead Smelter
Consent Order........... 8/17/90 3/6/92, 57 FR 8077. Herculaneum, MO. Doe Run Lead Smelter
Consent Order........... 7/2/93 5/5/95, 60 FR 22334 Herculaneum, MO. Doe Run Lead Smelter
Consent Order
4/28/94 5/5/95, 60 FR 22334 In a notice Herculaneum, MO.
(Modification).
published on 8/15/ 97 at 62 FR 43647, EPA required implementation of the contingency measures. Doe Run Lead Smelter
Consent Order
11/23/94 5/5/95, 60 FR 22334 Herculaneum, MO.
(Modification). Doe Run Buick Lead Smelter Boss, Consent Order........... 7/2/93 8/4/95, 60 FR 39851 MO. Doe Run Buick Lead Smelter Iron Consent Order
9/29/94 8/4/95, 60 FR 39851 County, MO.
(Modification). ASARCO Glover Lead Smelter
Consent Decree CV596-
7/30/96 3/5/97, 62 FR 9970. Glover, MO.
98CC with exhibits A-G.
St Louis City Incinerator Permits
Washington University School of Pathological Incinerator 2/20/97 4/22/98, 63 FR Medicine.
(RETORT) Permit No. 96-
19823. 10-083. Washington University School of Medical Waste
2/20/97 4/22/98, 63 FR Medicine.
Incinerator Permit No.
19823. 96-10-084. St Louis University............. Medical Waste
9/22/92 4/22/98, 63 FR Incinerator.
19823.
(e) EPA approved nonregulatory provisions and quasi-regulatory measures.
[[Page 34725]]
EPA-Approved Missouri Nonregulatory SIP Provisions
Applicable
Name of nonregulatory SIP
geographic or State submittal EPA approval date Explanation provision
nonattainment Area
date
Kansas City and Outstate Air Kansas City and 1/24/72........... 5/31/72, 37 FR Quality Control Regions Plan. Outstate.
10875. Implementation Plan for the St. Louis......... 1/24/72........... 5/31/72, 37 FR Missouri portion of the St.
10875. Louis Interstate Air Quality Control Region. Effects of adopting Appendix B St. Louis......... 3/27/72........... 5/31/72, 37 FR to NO \2\ emissions.
10875. CO air quality data base........ St. Louis......... 5/2/72............ 5/31/72, 37 FR 10875. Budget and manpower projections. Statewide......... 2/28/72........... 10/28/72, 37 FR 23089. Emergency episode manual
Kansas City....... 5/11/72........... 10/28/72, 37 FR 23089. Amendments to Air Conservation Statewide......... 7/12/72........... 10/28/72, 37 FR Law.
23089. Air monitoring plan............. Outstate.......... 7/12/72........... 10/28/72, 37 FR 23089. Amendments to Air Conservation Statewide......... 8/8/72............ 10/28/72, 37 FR Law.
23089. Transportation control strategy. Kansas City....... 5/11/73, 5/21/73,. 6/22/73 38 FR 16566. Analysis of ambient air quality Kansas City....... 4/11/74........... 3/2/76, 41 FR 8962 data and recommendation to not designate the area as an air quality maintenance area. Recommendation to designate air St. Louis,
5/6/74............ 9/9/75, 40 FR quality maintenance areas.
Columbia,
41950. Springfield. Plan to attain the NAAQS........ Kansas City St. 7/2/79 4/9/80, 45 24140............. Correction notice Louis.
FR.
published 7/11/ 80. Schedule for I/M program and St. Louis......... 9/9/80............ 3/16/81, 46 FR commitment regarding difficult
16895. transportation control measures (TCMs). Lead SIP........................ Statewide......... 9/2/80, 2/11/81, 2/ 4/27/81, 46 FR Correction notice 13/81.
23412.
published 5/15/ 7/19/84, 49 FR 81. 29218. Report on recommended I/M
St. Louis......... 12/16/80.......... 8/27/81, 46 FR No action was program.
43139.
taken on the specific recommendations in the report. Report outlining commitments to St. Louis......... 2/12/81, 4/28/81.. 11/10/81, 46 FR TCMs, analysis of TCMs, and
55518. results of CO dispersion modeling. 1982 CO and ozone SIP........... St. Louis......... 12/23/82, 8/24/83. 10/15/84, 49 FR 40164. Air quality monitoring plan..... Statewide......... 6/6/84............ 9/27/84, 49 FR 38103. Vehicle I/M program............. St. Louis......... 8/27/84........... 8/12/85, 50 FR 32411. Visibility protection plan...... Hercules Glades 5/3/85............ 2/10/86, 51 FR and Mingo
4916. Wildlife Area. Plan for attaining the ozone St. Louis......... 8/1/85............ 9/3/86, 51 FR standard by December 31, 1987.
31328. PM \10\ plan.................... Statewide......... 3/29/88, 6/15/88.. 7/31/89, 54 FR 31524. Construction permit fees
Statewide......... 1/24/89, 9/27/89.. 1/9/90, 55 FR 735. including Chapter 643 RSMo. PSD NO‹INF›X‹/INF› requirements including a Statewide......... 7/9/90............ 3/5/91, 56 FR 9172 letter from the state pertaining to the rules and analysis. Lead plan....................... Herculaneum....... 9/6/90, 5/8/91.... 3/6/92, 57 FR 8076 Ozone maintenance plan.......... Kansas City....... 10/9/91........... 6/23/92, 57 FR 27939. Small business assistance plan.. Statewide......... 3/10/93........... 10/26/93, 58 FR 57563. Part D Lead plan................ Herculaneum....... 7/2/93, 6/30/94, 5/5/95, 60 FR 11/23/94.
22274. Intermediate permitting program Statewide......... 3/31/94, 11/7/94, 9/25/95, 60 FR including three letters
10/3/94, 2/10/95. 49340. pertaining to authority to limit potential to emit hazardous air pollutants. Part D lead plan................ Bixby............. 7/2/93, 6/30/94... 8/4/95, 60 FR 39851. Transportation conformity plans St. Louis, Kansas 2/14/95........... 2/29/96, 61 FR including a policy agreement City.
7711. and a letter committing to implement the state rule consistent with the Federal transportation conformity rule. Emissions inventory update
Kansas City....... 4/12/95........... 4/25/96, 61 FR including a motor vehicle
18251. emissions budget. Part D Lead Plan................ Glover............ 8/14/96........... 3/5/97, 62 FR 9970 CO Maintenance Plan............. St. Louis......... 6/13/97, 6/15/98.. 1/26/99, 64 FR 3855.
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[FR Doc. 99-16097Filed6-28-99; 8:45 am]
BILLING CODE 6560-50-P
