Air quality implementation plans; approval and promulgation; various States: Missouri,

[Federal Register: July 8, 1998 (Volume 63, Number 130)]

[Rules and Regulations]

[Page 36852-36854]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr08jy98-19]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MO 049-1049a; FRL-6118-3]

Approval and Promulgation of Implementation Plans; State of Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

SUMMARY: This final action approves revised Missouri rule 10 CSR 10- 6.030 as a revision to the Missouri State Implementation Plan (SIP). This rule revision was submitted by the state of Missouri to incorporate the most current EPA guidance on capture efficiency methods for volatile organic compound emission control systems.

DATES: This direct final rule is effective on September 8, 1998 without further notice, unless the EPA receives adverse comment by August 7, 1998. 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 mailed to Kim Johnson, Environmental Protection Agency, Air Planning and Development Branch, 726 Minnesota Avenue, Kansas City, Kansas 66101. Copies of the documents relevant to this action are available for public inspection during normal business hours at the: Environmental Protection Agency, Air Planning and Development Branch, 726 Minnesota Avenue, Kansas City, Kansas 66101; and the EPA Air & Radiation Docket and Information Center, 401 M Street, SW, Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Kim Johnson at (913) 551-7975.

SUPPLEMENTARY INFORMATION: This revision to Missouri rule 10 CSR 10- 6.030 incorporates capture efficiency methods as identified in the EPA's February 7, 1995, memorandum entitled, ``Revised Capture Efficiency Guidance for Control of Volatile Organic

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Compound Emissions,'' and the EPA's January 9, 1994, technical document entitled, ``Guidelines for Determining Capture Efficiency.'' Capture efficiency is the measure of the fraction of all organic vapors generated by a process that are directed to an abatement or recovery device. Capture efficiency and destruction efficiency need to be determined in order to calculate the overall control efficiency of any control device.

The EPA's Revised Capture Efficiency Guidance Document is the result of a 12-month EPA study of alternatives with potential to reduce capture efficiency testing costs. This guidance document reduces costs by recommending protocols, presenting criteria by which alternative procedures can be approved, and establishing the reporting requirements for using alternative procedures. Guidelines are also included for selecting and testing representative process lines at a facility and for testing multiple lines in combination.

This rule amendment also incorporates specific methods to determine capture efficiency for automobile and light-duty truck topcoat operations entitled, ``Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Topcoat Operations,'' as amended by Section 23-Determining Spraybooth VOC Capture Efficiency dated March 8, 1996.

1. Final Action

   The EPA is taking final action to approve as a revision to the SIP the amendment to rule 10 CSR 10-6.030, ``Sampling Methods for Air Pollution Sources,'' submitted by the state of Missouri on December 17, 1996.

   The EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial amendment 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 relevant adverse comments be filed. This rule will be effective September 8, 1998 without further notice unless the Agency receives relevant adverse comments by August 7, 1998.

   If the EPA receives such comments, then the EPA will publish a document withdrawing the final rule and informing the public that the rule did not take effect. All public comments received will then be addressed in a subsequent final rule based on the proposed rule. The EPA will not institute a second comment period on the proposed rule. Only parties interested in commenting on the proposed rule should do so at this time. If no such comments are received, the public is advised that this rule will be effective on September 8, 1998 and no further action will be taken on the proposed rule.

   Nothing in this action should be construed as permitting or allowing or establishing a precedent for any future request for revision to any SIP. Each request for revision to the SIP shall be considered separately in light of specific technical, economic, and environmental factors, and in relation to relevant statutory and regulatory requirements.

2. Administrative Requirements

   1. Executive Orders 12866 and 13045

      The Office of Management and Budget has exempted this regulatory action from Executive Order 12866 review.

      The final rule is not subject to Executive Order 13045, entitled ``Protection of Children from Environmental Health Risks and Safety Risks,'' because it is not an ``economically significant'' action under Executive Order 12866.

   2. Regulatory Flexibility

      The Regulatory Flexibility Act 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.

      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 a 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. E.P.A., 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2)).

   3. 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 costs to state, local, or tribal governments in the aggregate; or to the 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 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.

   4. 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 Comptroller General of the United States 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).

   5. Petitions for Judicial Review

      Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filedin the United States Court of Appeals for the appropriate circuit by September 8, 1998. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the

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      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, Incorporation by reference, Reporting and recordkeeping requirements, Volatile organic compounds.

      Dated: June 12, 1998. William Rice, Acting Regional Administrator, Region VII.

      Part 52, 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)(106) to read as follows:

         Sec. 52.1320 Identification of plan.

         * * * * *

         (c) * * *

         (106) On December 17, 1996, the Missouri Department of Natural Resources submitted a revised rule pertaining to capture efficiency.

         (i) Incorporation by reference.

         (A) Revised regulation 10 CSR 10-6.030 entitled, ``Sampling Methods for Air Pollution Sources,'' effective November 30, 1996.

         [FR Doc. 98-17973Filed7-7-98; 8:45 am]

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