Approval and Promulgation of Implementation Plans; State of Missouri, 16472-16474 [05-6370]
Download as PDF
<![CDATA[
16472
Federal Register / Vol. 70, No. 61 / Thursday, March 31, 2005 / Proposed Rules
Street, Kansas City, Kansas 66101.
Comments may also be submitted
electronically or through hand delivery/
courier; please follow the detailed
instructions in the Addresses section of
the direct final rule which is located in
the rules section of this Federal
Register.
FOR FURTHER INFORMATION CONTACT:
Shelly Rios-LaLuz at (913) 551–7296, or
by e-mail at rios.shelly@epa.gov.
SUPPLEMENTARY INFORMATION: In the
final rules section of the Federal
Register, EPA is approving the state’s
submittal as a direct final rule without
prior proposal because the Agency
views this as a noncontroversial
revision amendment and anticipates no
relevant adverse comments to this
action. A detailed rationale for the
approval is set forth in the direct final
rule. If no relevant adverse comments
are received in response to this action,
no further activity is contemplated in
relation to this action. If EPA receives
relevant adverse comments, the direct
final rule will be withdrawn and all
public comments received will be
addressed in a subsequent final rule
based on this proposed action. EPA will
not institute a second comment period
on this action. Any parties interested in
commenting on this action should do so
at this time. 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. For additional information,
see the direct final rule which is located
in the rules section of this Federal
Register.
Dated: March 21, 2005.
James B. Gulliford,
Regional Administrator, Region 7.
[FR Doc. 05–6368 Filed 3–30–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R07–OAR–2005–MO–0003; FRL–7894–2]
Approval and Promulgation of
Implementation Plans; State of
Missouri
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing to approve
an amendment to the statewide NOX
rule for the state of Missouri. This
document summarizes the changes to
VerDate jul<14>2003
14:50 Mar 30, 2005
Jkt 205001
the rule. This rule is a critical element
in the state’s plan to maintain the 1hour ozone standard in the St. Louis
maintenance area and will help reduce
ozone concentrations in the area in the
future. This action is necessary to begin
the process of incorporating the
amended rule into Missouri’s ozone SIP.
DATES: Comments must be received on
or before May 2, 2005.
ADDRESSES: Submit your comments,
identified by Regional Material in
EDocket (RME) ID Number R07–OAR–
2005–MO–0003, by one of the following
methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Agency Web site: https://
docket.epa.gov/rmepub/. RME, EPA’s
electronic public docket and comment
system, is EPA’s preferred method for
receiving comments. Once in the
system, select ‘‘quick search,’’ then key
in the appropriate RME Docket
identification number. Follow the online instructions for submitting
comments.
3. E-mail: jay.michael@epa.gov.
4. Mail: Michael Jay, 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 Michael Jay,
Environmental Protection Agency, Air
Planning and Development Branch, 901
North 5th Street, Kansas City, Kansas
66101.
Instructions: Direct your comments to
RME ID Number R07–OAR–2005–MO–
0003. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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
PO 00000
Frm 00042
Fmt 4702
Sfmt 4702
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 https://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. EPA
requests that you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. 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:
Michael Jay at (913) 551–7460 or by email at jay.michael@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
Regualtion Mean to Me?
What Is Being Addressed in This Document?
How Does the Statewide NOX Rule Relate to
the NOX SIP Call?
What Changes Has Missouri Made to the
Statewide Rule and What Are EPA’s
Analyses of Them?
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
E:\FR\FM\31MRP1.SGM
31MRP1
Federal Register / Vol. 70, No. 61 / Thursday, March 31, 2005 / Proposed Rules
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 Federallyenforceable 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 stateauthorized 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.
VerDate jul<14>2003
14:50 Mar 30, 2005
Jkt 205001
What Is Being Addressed in This
Document?
We are proposing to approve the
Missouri Department of Natural
Resources’ (MDNR) request to include,
as a revision to Missouri’s ozone SIP, an
amendment to rule 10 CSR 10–6.350,
‘‘Emissions Limitations and Emissions
Trading of Oxides of Nitrogen’’ (known
hereafter as ‘‘statewide NOX rule’’)
which was incorporated into the SIP on
December 28, 2000 (65 FR 82285). The
amended rule was adopted by the
Missouri Air Conservation Commission
on April 24, 2003. The rule became
effective under state law on June 23,
2003. The rule was submitted to EPA on
September 18, 2003, and included the
comments on the rule during the state’s
adoption process, and the state’s
response to comments, and other
information necessary to meet EPA’s
completeness criteria. For additional
information on the completeness
criteria, the reader should refer to 40
CFR part 51, appendix V.
How Does the Statewide NOX Rule
Relate to the NOX SIP Call?
As stated previously, the statewide
NOX rule is designed to achieve
emissions reductions to improve air
quality in the St. Louis area. Missouri is
also subject to a requirement to achieve
certain NOX reductions to eliminate its
significant contribution to ozone
nonattainment problems in other areas
relating to NOX emissions transported
from Missouri to other states. (See, 69
FR 21604, April 21, 2004.) Missouri is
in the process of developing separate
rules to meet this additional
requirement.
What Changes Has Missouri Made to
the Statewide Rule and What Are EPA’s
Analyses of Them?
The amended rule modifies the
existing compliance date in the original
rule. The original statewide NOX rule
(65 FR 82285) had a compliance date of
May 1, 2003, whereas the revised rule
has a compliance date of May 1, 2004.
Due to the uncertainty related to the
inclusion of Missouri in Phase II of the
NOX SIP Call, which was not resolved
until April 2004, EPA believes that the
delayed compliance date is appropriate
to assist affected utilities in planning to
meet their NOX reduction obligations.
The deferral also did not impact
Missouri’s ability to maintain the 1-hour
ozone standard in St. Louis.
The amended rule also modifies the
emissions limitations established in the
original rule. The original state rule
limited electrical generation units
(EGUs) in the eastern one-third of
PO 00000
Frm 00043
Fmt 4702
Sfmt 4702
16473
Missouri to an emission rate of 0.25
pounds of NOX per million British
thermal units per hour (lbs. NOX/
mmBtu) of heat input during the control
period and EGUs in the western twothirds to a rate of 0.35 lbs. NOX/mmBtu.
The amended rule established a more
restrictive emission limitation of 0.18
lbs. NOX/mmBtu for affected sources in
the city of St. Louis and additional
counties of Franklin, Jefferson and St.
Louis, which are areas that are part of
the St. Louis current 1-hour
maintenance and 8-hour nonattainment
area. The remainder of the eastern onethird of Missouri is still subject to the
0.25 lbs. NOX/mmBtu. The limit for the
western two-thirds of Missouri remains
the same as in the original rule at 0.35
lbs. NOX/mmBtu, with the exception
that in the amended rule affected
facilities with cyclone boilers that burn
tire-derived fuel are allowed an
emissions rate of 0.68 lbs. NOX/mmBtu.
The MDNR has submitted
documentation that supports the
conclusion that the revised emissions
limitations will achieve a greater overall
emissions reduction when compared to
the original rule (see Technical Support
Document (TSD) prepared for this rule).
Moreover, the additional emissions
reductions in the eastern one-third of
Missouri will likely provide for lower 1hour and 8-hour ozone concentrations
in the St. Louis area as these emissions
are more proximate to the metropolitan
area when compared to the more distant
western two-thirds of Missouri.
The amended rule also modifies the
dates for generation and use of early
reduction credits (ERCs). In the original
rule, affected units that had reduced
emissions rates in the years 2000, 2001,
and 2002 would be able to generate
ERCs. The amended rule added the year
2003 for generating ERCs. Accordingly,
the retirement date for all ERCs has been
extended from January 31, 2005, to
January 31, 2006, in the amended rule.
Therefore, all ERCs are restricted for use
in the control periods of 2004 and 2005
in the amended rule. The modifications
to the generation and use of ERCs were
made to be consistent with the
compliance date extension from May 1,
2003, to May 1, 2004. Due to the revised
emissions rates for the aforementioned
counties in the eastern one-third of
Missouri, the MDNR submitted
documentation that 2003 ERCs earned
between 0.25 lbs. NOX/mmBtu and the
required limit of 0.18 lbs. NOX/mmBtu
were permanently retired (see TSD).
This action eliminated ERCs that were
not surplus.
E:\FR\FM\31MRP1.SGM
31MRP1
16474
Federal Register / Vol. 70, No. 61 / Thursday, March 31, 2005 / Proposed Rules
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 TSD
which is part of this rule, the revision
meets the substantive SIP requirements
of the CAA, including section 110 and
implementing regulations.
What Action Is EPA Taking?
We are proposing to approve as an
amendment to the Missouri SIP
amended rule 10 CSR 10–6.350,
‘‘Emissions Limitations and Emissions
Trading of Oxides of Nitrogen,’’
submitted to us on September 18, 2003.
We are soliciting comments on this
proposed action. Final rulemaking will
occur after consideration of any
comments.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this proposed
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 proposed action merely
proposes to approve state law as
meeting Federal requirements and
imposes no additional requirements
beyond those imposed by state law.
Accordingly, the Administrator certifies
that this proposed 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
proposes to approve 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 (Pub. L. 104–4).
This proposed 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
VerDate jul<14>2003
14:50 Mar 30, 2005
Jkt 205001
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
proposes to approve a state rule
implementing a Federal standard, and
does not alter the relationship or the
distribution of power and
responsibilities established in the Clean
Air Act. This proposed 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 Clean Air Act. 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 Clean Air Act. 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 proposed
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.).
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: March 21, 2005.
James B. Gulliford,
Regional Administrator, Region 7.
[FR Doc. 05–6370 Filed 3–30–05; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
Frm 00044
Fmt 4702
Sfmt 4702
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018–AT88
Endangered and Threatened Wildlife
and Plants; Extension of the Comment
Period on Proposed Designation of
Critical Habitat for the Southwestern
Willow Flycatcher
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; extension of
public comment period.
AGENCY:
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), announce the
extension of the public comment period
for the proposal to designate critical
habitat for the southwestern willow
flycatcher (Empidonax extimus traillii)
to allow all interested parties to
comment on the proposed critical
habitat designation under the
Endangered Species Act of 1973, as
amended. The proposed rule was
published and the public comment
period initially opened on October 12,
2004 (69 FR 60706). The comment
period was extended to March 31, 2005
(December 13, 2004; 69 FR 72161) and
is being extended again with this notice.
DATES: The deadline for submitting
comments on this proposal is extended
from March 31, 2005, to May 31, 2005.
Comments must be submitted directly to
the Service (see ADDRESSES section) on
or before May 31, 2005. Any comments
received after the closing date may not
be considered in the final determination
on the proposal.
ADDRESSES: If you wish to comment,
you may submit your comments and
materials by any one of several methods:
1. You may submit written comments
and information by mail or handdelivery to Steve Spangle, Field
Supervisor, Arizona Ecological Services
Field Office, 2321 W. Royal Palm Road,
Suite 103, Phoenix, Arizona 85021.
2. Written comments may be sent by
facsimile to (602) 242–2513.
3. You may send your comments by
electronic mail (e-mail) to
WIFLcomments@fws.gov.
The critical habitat proposal and
supporting maps are available for
viewing by appointment during regular
business hours at the above address or
on the Internet at https://
arizonaes.fws.gov/SWWF_PCH_Oct.htm.
All comments and materials received, as
well as supporting documentation used
in preparation of the proposed rule, will
be available for public inspection, by
E:\FR\FM\31MRP1.SGM
31MRP1
]]>Agencies
[Federal Register Volume 70, Number 61 (Thursday, March 31, 2005)]
[Proposed Rules]
[Pages 16472-16474]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6370]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R07-OAR-2005-MO-0003; FRL-7894-2]
Approval and Promulgation of Implementation Plans; State of
Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve an amendment to the statewide
NOX rule for the state of Missouri. This document summarizes
the changes to the rule. This rule is a critical element in the state's
plan to maintain the 1-hour ozone standard in the St. Louis maintenance
area and will help reduce ozone concentrations in the area in the
future. This action is necessary to begin the process of incorporating
the amended rule into Missouri's ozone SIP.
DATES: Comments must be received on or before May 2, 2005.
ADDRESSES: Submit your comments, identified by Regional Material in
EDocket (RME) ID Number R07-OAR-2005-MO-0003, by one of the following
methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. Agency Web site: https://docket.epa.gov/rmepub/. RME, EPA's
electronic public docket and comment system, is EPA's preferred method
for receiving comments. Once in the system, select ``quick search,''
then key in the appropriate RME Docket identification number. Follow
the on-line instructions for submitting comments.
3. E-mail: jay.michael@epa.gov.
4. Mail: Michael Jay, 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 Michael Jay,
Environmental Protection Agency, Air Planning and Development Branch,
901 North 5th Street, Kansas City, Kansas 66101.
Instructions: Direct your comments to RME ID Number R07-OAR-2005-
MO-0003. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
https://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 https://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. EPA
requests that you contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to schedule your inspection. 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: Michael Jay at (913) 551-7460 or by e-
mail at jay.michael@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 Regualtion Mean to Me?
What Is Being Addressed in This Document?
How Does the Statewide NOX Rule Relate to the
NOX SIP Call?
What Changes Has Missouri Made to the Statewide Rule and What Are
EPA's Analyses of Them?
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
[[Page 16473]]
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?
We are proposing to approve the Missouri Department of Natural
Resources' (MDNR) request to include, as a revision to Missouri's ozone
SIP, an amendment to rule 10 CSR 10-6.350, ``Emissions Limitations and
Emissions Trading of Oxides of Nitrogen'' (known hereafter as
``statewide NOX rule'') which was incorporated into the SIP
on December 28, 2000 (65 FR 82285). The amended rule was adopted by the
Missouri Air Conservation Commission on April 24, 2003. The rule became
effective under state law on June 23, 2003. The rule was submitted to
EPA on September 18, 2003, and included the comments on the rule during
the state's adoption process, and the state's response to comments, and
other information necessary to meet EPA's completeness criteria. For
additional information on the completeness criteria, the reader should
refer to 40 CFR part 51, appendix V.
How Does the Statewide NOX Rule Relate to the NOX
SIP Call?
As stated previously, the statewide NOX rule is designed
to achieve emissions reductions to improve air quality in the St. Louis
area. Missouri is also subject to a requirement to achieve certain
NOX reductions to eliminate its significant contribution to
ozone nonattainment problems in other areas relating to NOX
emissions transported from Missouri to other states. (See, 69 FR 21604,
April 21, 2004.) Missouri is in the process of developing separate
rules to meet this additional requirement.
What Changes Has Missouri Made to the Statewide Rule and What Are EPA's
Analyses of Them?
The amended rule modifies the existing compliance date in the
original rule. The original statewide NOX rule (65 FR 82285)
had a compliance date of May 1, 2003, whereas the revised rule has a
compliance date of May 1, 2004. Due to the uncertainty related to the
inclusion of Missouri in Phase II of the NOX SIP Call, which
was not resolved until April 2004, EPA believes that the delayed
compliance date is appropriate to assist affected utilities in planning
to meet their NOX reduction obligations. The deferral also
did not impact Missouri's ability to maintain the 1-hour ozone standard
in St. Louis.
The amended rule also modifies the emissions limitations
established in the original rule. The original state rule limited
electrical generation units (EGUs) in the eastern one-third of Missouri
to an emission rate of 0.25 pounds of NOX per million
British thermal units per hour (lbs. NOX/mmBtu) of heat
input during the control period and EGUs in the western two-thirds to a
rate of 0.35 lbs. NOX/mmBtu. The amended rule established a
more restrictive emission limitation of 0.18 lbs. NOX/mmBtu
for affected sources in the city of St. Louis and additional counties
of Franklin, Jefferson and St. Louis, which are areas that are part of
the St. Louis current 1-hour maintenance and 8-hour nonattainment area.
The remainder of the eastern one-third of Missouri is still subject to
the 0.25 lbs. NOX/mmBtu. The limit for the western two-
thirds of Missouri remains the same as in the original rule at 0.35
lbs. NOX/mmBtu, with the exception that in the amended rule
affected facilities with cyclone boilers that burn tire-derived fuel
are allowed an emissions rate of 0.68 lbs. NOX/mmBtu. The
MDNR has submitted documentation that supports the conclusion that the
revised emissions limitations will achieve a greater overall emissions
reduction when compared to the original rule (see Technical Support
Document (TSD) prepared for this rule). Moreover, the additional
emissions reductions in the eastern one-third of Missouri will likely
provide for lower 1-hour and 8-hour ozone concentrations in the St.
Louis area as these emissions are more proximate to the metropolitan
area when compared to the more distant western two-thirds of Missouri.
The amended rule also modifies the dates for generation and use of
early reduction credits (ERCs). In the original rule, affected units
that had reduced emissions rates in the years 2000, 2001, and 2002
would be able to generate ERCs. The amended rule added the year 2003
for generating ERCs. Accordingly, the retirement date for all ERCs has
been extended from January 31, 2005, to January 31, 2006, in the
amended rule. Therefore, all ERCs are restricted for use in the control
periods of 2004 and 2005 in the amended rule. The modifications to the
generation and use of ERCs were made to be consistent with the
compliance date extension from May 1, 2003, to May 1, 2004. Due to the
revised emissions rates for the aforementioned counties in the eastern
one-third of Missouri, the MDNR submitted documentation that 2003 ERCs
earned between 0.25 lbs. NOX/mmBtu and the required limit of
0.18 lbs. NOX/mmBtu were permanently retired (see TSD). This
action eliminated ERCs that were not surplus.
[[Page 16474]]
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 TSD which is
part of this rule, the revision meets the substantive SIP requirements
of the CAA, including section 110 and implementing regulations.
What Action Is EPA Taking?
We are proposing to approve as an amendment to the Missouri SIP
amended rule 10 CSR 10-6.350, ``Emissions Limitations and Emissions
Trading of Oxides of Nitrogen,'' submitted to us on September 18, 2003.
We are soliciting comments on this proposed action. Final rulemaking
will occur after consideration of any comments.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed 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
proposed action merely proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed 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 proposes to approve 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 (Pub. L. 104-4).
This proposed 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 proposes to approve a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This
proposed 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 Clean Air Act. 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 Clean Air Act. 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 proposed 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.).
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: March 21, 2005.
James B. Gulliford,
Regional Administrator, Region 7.
[FR Doc. 05-6370 Filed 3-30-05; 8:45 am]
BILLING CODE 6560-50-P
