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ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 52
EPA ID: [EPA-R07-OAR-2007-0782; FRL-8506-8]
NOTICE: RULES
ACTION: Air quality implementation plans; approval and promulgation; various States:
DOCUMENT ACTION: Final rule.
SUBJECT CATEGORY: Approval and Promulgation of Implementation Plans; Missouri; Clean Air Interstate Rule
DATES: This rule is effective on December 14, 2007.
DOCUMENT SUMMARY: EPA is taking final action to approve a revision to the
Missouri State Implementation Plan (SIP) submitted on May 18, 2007.
This revision addresses the requirements of EPA's Clean Air Interstate
Rule (CAIR) promulgated on May 12, 2005, and subsequently revised on
April 28, 2006, and December 13, 2006. EPA has determined that the SIP
revision fully implements the CAIR requirements for Missouri. As a
result of this action, EPA will also withdraw, through a separate
rulemaking, the CAIR Federal Implementation Plans (FIPs) concerning
SO
CAIR requires States to reduce emissions of sulfur dioxide
(SO
SUMMARY: Missouri,
SUPPLEMENTAL INFORMATION
Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA.Table of Contents
I. What Action Is EPA Taking?
II. What Is the Regulatory History of CAIR and the CAIR FIPs? III. What Are the General Requirements of CAIR and the CAIR FIPs? IV. Analysis of Missouri's CAIR SIP Submittal
A. State Budgets for Allowance Allocations
B. CAIR CapandTrade Programs
C. Applicability Provisions for NonEGU NOX SIP Call Sources
D. NOX Allowance Allocations
E. Allocation of NOX Allowances From Compliance Supplement Pool
F. Individual Optin Units
V. Final Action
VI. When Is This Action Effective?
VII. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
EPA is taking final action to approve a revision to Missouri's SIP
submitted on May 18, 2007. In its SIP revision, Missouri has met the
CAIR requirements by requiring certain electric generating units (EGUs)
to participate in the EPAadministered State CAIR capandtrade
programs addressing SO
EPA proposed to approve Missouri's request to amend the SIP on
September 17, 2007 (72 FR 52828). In that proposal, EPA also stated its
intent to withdraw the FIP, as described above. The comment period
closed on October 17, 2007. No comments were received. EPA is
finalizing the approval as proposed based on the rationale stated in the proposal and in this final action.
II. What Is the Regulatory History of CAIR and the CAIR FIPs?
The CAIR was published by EPA on May 12, 2005 (70 FR 25162). In
this rule, EPA determined that 28 States and the District of Columbia
contribute significantly to nonattainment and interfere with
maintenance of the national ambient air quality standards (NAAQS) for
fine particles (PM
CAIR explains to subject States what must be included in SIPs to
address the requirements of section 110(a)(2)(D) of the Clean Air Act
(CAA) with regard to interstate transport with respect to the 8hour
ozone and PM
Missouri submitted its SIP in response to EPA's section
110(a)(2)(D) finding, which EPA approved in a rule published May 8,
2007 (72 FR 25975). In that rule, EPA stated that Missouri had met its
obligation with regard to interstate transport by adoption of the CAIR
model rule. EPA also stated that it would review and act on Missouri's
CAIR rule in a separate rulemaking. This document takes final action on Missouri's CAIR rule as explained below.
III. What Are the General Requirements of CAIR and the CAIR FIPs?
CAIR establishes Statewide emission budgets for SO
The May 12, 2005, and April 28, 2006, CAIR rules provide model rules that States must adopt (with certain limited changes, if desired) if they want to participate in the EPAadministered trading programs.
With two exceptions, only States that choose to meet the
requirements of CAIR through methods that exclusively regulate EGUs are
allowed to participate in the EPAadministered trading programs. One
exception is for States that adopt the optin provisions of the model
rules to allow nonEGUs individually to opt into the EPAadministered
trading programs. The other exception is for States that include all
nonEGUs from their NO
IV. Analysis of Missouri's CAIR SIP Submittal
A. State Budgets for Allowance Allocations
In this action, EPA is taking final action to approve Missouri's
SIP revision that adopts the budgets established for the State in CAIR,
i.e., 59,871 (20092014) and 49,892 (2015thereafter) tons for NO
B. CAIR CapandTrade Programs
The CAIR NO
The provisions of the CAIR SO
[[Page 71075]]
emissions. Banked title IV allowances allocated for years before 2010
can be used at any time in the CAIR SO
EPA also used the CAIR model trading rules as the basis for the
trading programs in the CAIR FIPs. The CAIR FIP trading rules are
virtually identical to the CAIR model trading rules, with changes made
to account for Federal rather than State implementation. The CAIR model
SO
In the SIP revision, Missouri has chosen to implement its CAIR
budgets by requiring EGUs to participate in EPAadministered capand
trade programs for SO
C. Applicability Provisions for NonEGU NOX SIP Call Sources
In general, the CAIR model trading rules apply to any stationary, fossil fuelfired boiler or stationary, fossil fuelfired combustion turbine serving at any time, since the later of November 15, 1990, or the startup of the unit's combustion chamber, a generator with nameplate capacity of more than 25 megawatts electric (MWe) producing electricity for sale.
States have the option of bringing in, for the CAIR NO
Missouri has chosen to expand the applicability provisions of the
CAIR NO
D. NOX Allowance Allocations
Under the NO
States may establish in their SIP submissions a different
NO
Missouri has chosen to replace the provisions of the CAIR
NO
As with the annual program described above, Missouri has chosen to
replace the provisions of the CAIR NO
NO
E. Allocation of NOX Allowances From Compliance Supplement Pool
The CAIR establishes a compliance supplement pool (CSP) to provide
an incentive for early reductions in NO
[[Page 71076]]
of the 2009 deadline for implementing emission controls.
The CAIR annual NO
Missouri has chosen to distribute CSP allowances using an
allocation methodology that retains much of the CSP model rule language
of 40 CFR 96.143. The State's methodology differs in two main ways.
First, the State has added additional criteria for units subject to the
Acid Rain Program that do not have an applicable NO
F. Individual Optin Units
The optin provisions of the CAIR SIP model trading rules allow
certain nonEGUs (i.e., boilers, combustion turbines, and other stationary fossilfuelfired devices) that do not meet the
applicability criteria for a CAIR trading program to participate
voluntarily in (i.e., opt into) the CAIR trading program. A nonEGU may
opt into one or more of the CAIR trading programs. In order to qualify
to opt into a CAIR trading program, a unit must vent all emissions
through a stack and be able to meet monitoring, recordkeeping, and
recording requirements of 40 CFR part 75. The owners and operators
seeking to opt a unit into a CAIR trading program must apply for a CAIR
optin permit. If the unit is issued a CAIR optin permit, the unit
becomes a CAIR unit, is allocated allowances, and must meet the same
allowanceholding and emissions monitoring and reporting requirements
as other units subject to the CAIR trading program. The optin
provisions provide for two methodologies for allocating allowances for
optin units, one methodology that applies to optin units in general
and a second methodology that allocates allowances only to optin units
that the owners and operators intend to repower before January 1, 2015.
States have several options concerning the optin provisions. States may adopt the CAIR optin provisions entirely or may adopt them but exclude one of the methodologies for allocating allowances. States may also decline to adopt the optin provisions at all.
Missouri has chosen to allow nonEGUs meeting certain requirements
to opt into the CAIR trading programs by adopting by reference the
entirety of EPA's model rule provisions for optin units in the CAIR
SO
V. Final Action
EPA is taking final action to approve Missouri's full CAIR SIP
revision submitted on May 18, 2007. Under this SIP revision, Missouri
is choosing to participate in the EPAadministered capandtrade
programs for SO
VI. When Is This Action Effective?
Under 5 U.S.C. 553(d), a rule generally cannot be effective less than 30 days prior to publication of the rule. However, a rule can be made effective less than 30 days prior to publication if the rule ``grants or recognizes an exemption, or relieves a restriction'' or ``as otherwise provided by the agency for good cause''. EPA finds that there is good cause to make this approval effective on December 14, 2007. This CAIR SIP approval allows EPA to immediately record allowances as distributed under the approved State rule and, thus, allow sources to begin trading.
VII. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ``significant regulatory action'' and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action merely approves State law as meeting Federal requirements and would impose no additional requirements beyond those imposed by State law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.). Because this action approves preexisting 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. 1044).
This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves a State rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the CAA. This rule also is not subject to Executive Order 13045 ``Protection of Children from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because it approves a State rule implementing a Federal standard.
In reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP 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 CAA. Thus, the requirements of [[Page 71077]]
section 12(d) of the National Technology Transfer and Advancement Act
of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.).
The Congressional Review Act, 5 U.S.C. 801, et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by February 12, 2008. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: November 29, 2007.
William Rice,
Acting Regional Administrator, Region 7.
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 AAMissouri
2. In Sec. 52.1320(c) the table is amended under Chapter 6 by adding
entries in numerical order for 106.362, 106.364 and 106.366 to read as follows:
Sec. 52.1320 Identification of Plan.
* * * * *
(c) * * *
EPAApproved Missouri Regulations
State
Missouri citation Title effective EPA approval date Explanation
date
Missouri Department of Natural Resources
* * * * * * *
Chapter 6Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
Regulations for the State of Missouri
* * * * * * *
106.362........................ Clean Air Interstate 5/30/07 12/14/07 [insert ...................
Rule Annual NOX Trading FR page number
Program. where the
document begins].
106.364........................ Clean Air Interstate 5/30/07 12/14/07 [insert ...................
Rule Seasonal NOX FR page number
Trading Program. where the
document begins].
106.366........................ Clean Air Interstate 5/30/07 12/14/07 [insert ...................
Rule S02 Trading FR page number
Program. where the
document begins].
* * * * * * * * * * * *
[FR Doc. E724230 Filed 121307; 8:45 am]
BILLING CODE 656050P
FOR FURTHER INFORMATION CONTACT Michael Jay at (913) 551-7460 or by e- mail at jay.michael@epa.gov.
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