Federal Register: RULES [40 CFR Part 52]

ENVIRONMENTAL PROTECTION AGENCY

Environmental Protection Agency

CFR Citation: 40 CFR Part 52

EPA ID: [EPA-R07-OAR-2008-0342; FRL-8581-7]

NOTICE: RULES

DOCUMENT ACTION: Direct final rule.

SUBJECT CATEGORY: Approval and Promulgation of Implementation Plans; State of Missouri

DATES: This direct final rule will be effective August 19, 2008, without further notice, unless EPA receives adverse comment by July 21, 2008. If adverse comment is received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.

DOCUMENT SUMMARY: EPA is taking direct final action to approve Missouri's request to revise the State Implementation Plan
[[Page 35072]]
(SIP). This approval will revise the SIP to include changes to the sulfur dioxide (SO2) emissions rates and averaging times for Kansas City Power & Light's Hawthorn Plant and Montrose Station in the rule, Restriction of Emission of Sulfur Compounds. Previous changes to this rule were disapproved in 2006 because EPA was concerned that the averaging times for the rates at these units had been dramatically increased from a 3hour average to an annual average, and that the revised averaging times were not demonstrated by the state to be protective of the shortterm (3 and 24hour) SO2 National Ambient Air Quality Standard (NAAQS). EPA believes that the recent changes, which EPA is now approving, have been shown by Missouri to be protective of the shortterm SO2 NAAQS. This revision will ensure consistency between the state and the Federallyapproved rules.

SUMMARY: Approval and Promulgation of Implementation Plans; State of Missouri,

SUPPLEMENTAL 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 regulation mean to me? What is the background of this action?
What is being addressed in this document?
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 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 Federallyenforceable SIP.

Each federallyapproved 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
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the Federallyapproved 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 the background of this action?

In 2006, EPA disapproved Missouri's request to amend the SIP to include revisions to the Restriction of Emission of Sulfur Compounds rule relating to a change in emissions rates and averaging times for the Kansas City Power & Light (KCP&L) Hawthorn Plant and Montrose Station. EPA was concerned that, although the emissions rates were decreased, the averaging times for the rates at these units had been dramatically increased from a 3hour average to an annual average and that the state had not shown that the revised averaging times were protective of the shortterm SO2 NAAQS. (See, 71 FR 12623, March 13, 2006.)

Since 2006, the Missouri Department of Natural Resources has revised Table 1 in the Restriction of Emission of Sulfur Compounds rule to change the averaging times for the emissions rates at the Hawthorn Plant and Montrose Station. For the Hawthorn Plant, Table 1 reflects the averaging time and emission rate consistent with the Prevention of Significant Deterioration (PSD) permit issued for Unit 5A in 1999. This emissions limit had been determined to be adequate to protect the SO2 NAAQS. For the Montrose Station unit, modeling (using the AERMOD model) was conducted to determine an emission rate which would be protective of the short term SO2 NAAQS. Modeling results indicate that the emission rate should not exceed 3.9 lbs/ MMBTU, on a 24hour average, in order to avoid exceeding the 3hour and 24hour SO2 NAAQS. The state has adequately demonstrated that this emissions limit for the Montrose Station is protective of the NAAQS.

What is being addressed in this document?

EPA is approving a revision to Missouri's SIP to include revisions to Table 1 of Missouri rule, 10 CSR 106.260 Restriction of Emission of Sulfur Compounds. Missouri has demonstrated that the revisions in Table 1 for KCP&L's Hawthorn Plant and for KCP&L's Montrose Station are protective of the 3hour and 24hour SO2 NAAQS.
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, the revision meets the substantive SIP requirements of the CAA, including section 110 and implementing regulations.

What action is EPA taking?

EPA is taking final action to approve Missouri's request to revise the SIP as submitted on March 28, 2008. We are processing this action as a direct final action because the revisions make routine changes to the existing rules which are noncontroversial. Therefore, we do not anticipate any adverse comments. 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.

Statutory and Executive Order Reviews

Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:

Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);

Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);

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);

Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);

Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and

Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law.

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 action 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 August 19, 2008. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action 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, [[Page 35074]]
Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

Dated: June 9, 2008.
John B. Askew,
Regional Administrator, Region 7.
40 CFR part 52 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 the table in paragraph (c) is amended under Chapter 6 by revising the entry for 106.260 to read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
EPAApproved Missouri Regulations State Missouri citation Title effective date EPA approval date Explanation Missouri Department of Natural Resources * * * * * * * Chapter 6Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of Missouri * * * * * * * 106.260.......................... Restriction of 2/29/08 6/20/08 [insert FR page number where Section (3)(B) is not SIP approved. Emission of Sulfur the document begins]. Compounds.
* * * * * * * * * * * *
[FR Doc. E813838 Filed 61908; 8:45 am]
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FOR FURTHER INFORMATION CONTACT Amy Algoe-Eakin at (913) 551-7942 or by email at algoeeakin.amy@epa.gov.