[Federal Register Volume 65, Number 33 (Thursday, February 17, 2000)]
[Rules and Regulations]
[Pages 8060-8064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3469]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MO 092-1092; FRL-6528-7]


Approval and Promulgation of Implementation Plans; State of 
Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is announcing it is approving an amendment to the Missouri 
State Implementation Plan (SIP). EPA is approving volatile organic 
compound (VOC) rules which are applicable to the St. Louis 
nonattainment area. These rules constitute part of the St. Louis 15% 
Rate-of-Progress Plan (15% Plan) and were proposed for approval in the 
March 18, 1996, and July 2, 1997, Federal Register. EPA is also 
approving the Missouri 1990 Base Year Emissions Inventory for the St. 
Louis area. The Inventory was proposed for approval in the March 18, 
1996, Federal Register.

EFFECTIVE DATE: This rule will be effective March 20, 2000.

ADDRESSES: Copies of the state submittal(s) are available at the 
following addresses for inspection during normal business hours: 
Environmental Protection Agency, Air Planning and Development Branch, 
901 North 5th Street, Kansas City, Kansas 66101; and the Environmental 
Protection Agency, Air and Radiation Docket and Information Center, Air 
Docket (6102), 401 M Street, S.W., Washington, D.C. 20460.

FOR FURTHER INFORMATION CONTACT: Wayne Kaiser at (913) 551-7603.

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 regulation mean to me?
    What is being addressed in this document?
    Have the requirements for approval of a SIP revision been met?
    What action is EPA taking?

[[Page 8061]]

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 us. 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 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 us 
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 
the CAA.

What Is Being Addressed in This Document?

    On March 18, 1996, we proposed to approve a number of VOC rules 
submitted by the state of Missouri to meet the St. Louis 15% Plan 
requirements of section 182(b)(1)(A) of the CAA (61 FR 10968). We 
subsequently reproposed approval of two of the VOC rules on July 2, 
1997 (62 FR 35756).
    In the March 18, 1996, Federal Register notice, we also proposed to 
approve Missouri's 1990 Base Year Emissions Inventory for the St. Louis 
nonattainment area. We also proposed to disapprove the state's 15% Plan 
because it did not contain sufficient measures to achieve the required 
15% reduction in VOC emissions. Due to significant revisions to the 15% 
Plan and resubmittal by the state, we are reproposing action on the 15% 
Plan in a separate Federal Register notice published in today's Federal 
Register.
    This Federal Register notice takes final action to fully approve 
the VOC rules (with exceptions noted below) and the 1990 Base Year 
Emissions Inventory which were proposed for approval in the two Federal 
Register notices cited above.

Action on VOC Rules

    1. Open Burning Restrictions, Missouri Rule 10 CSR 10-5.070.
    There were no comments received during the public comment period. 
The state effective date of this rule is January 29, 1995.
    2. Control of Emissions from Bakery Ovens, Missouri Rule 10 CSR 10-
5.440.
    We did not receive any comments on this rule during the public 
comment period. However, as stated in the proposal, we noted that the 
rule did not specify a reference method for determining compliance. The 
state subsequently revised the rule to satisfactorily address this 
deficiency. The revised rule was submitted to us on March 12, 1997. 
Consequently, we are fully approving the revised rule. The state 
effective date of this rule is December 30, 1996.
    3. Control of Emissions from Offset Lithographic Printing, Missouri 
Rule 10-5.442.
    There were no comments received during the public comment period. 
The state effective date of this rule is May 28, 1995.
    4. Control of VOC Emissions from Traffic Coatings, Missouri Rule 10 
CSR 10-5.450.
    There were no comments received during the public comment period. 
The state effective date for this rule is May 28, 1995.
    5. Control of Emissions from Aluminum Foil Rolling, Missouri Rule 
10 CSR 10-5.451.
    We did not receive any comments on this rule during the public 
comment period. The state effective date of this rule is November 30, 
1995.
    6. Control of Emission from Solvent Cleanup Operations, Missouri 
Rule 10 CSR 10-5.455.
    There were no comments received during the public comment period. 
However, we had proposed to condition its approval in the March 18, 
1996, notice on the state revising the rule to delete an operating 
option which did not require an equivalent emission reduction, and did 
not provide standards for determining an acceptable alternative 
emission reduction.
    The state subsequently revised the rule to delete the option noted 
above. The revised rule was submitted to us on March 6, 1997. Because 
the revision corrects the deficiency noted in the proposal, we are 
fully approving the revised rule in the Missouri SIP. The state 
effective date for this rule is February 28, 1997.
    7. Control of Emissions from Municipal Solid Waste Landfills, 
Missouri Rule 10 CSR 10-5.490.
    At the time of the proposed notice, the state had only a draft 
landfill rule for our review and for use in determining emission 
reductions in the 15% Plan. The state subsequently adopted a final 
landfill rule for the St. Louis area and submitted it to us on February 
24, 1997. We subsequently proposed to approve the rule in a Federal 
Register notice dated July 2, 1997. There were no comments received 
during the public comment period. The state effective date for this 
rule is December 30, 1996.

Action on Base Year Inventory

    In the March 18, 1996, Federal Register notice, we proposed 
approval of the state's 1990 Base Year Emissions Inventory. Although 
the inventory fulfills a separate CAA requirement, it is also used as a 
basis for development of the 15% Plan. No comments were received on 
this proposal during the public comment period. Therefore, we are 
taking final action to approve the 1990 Base Year Emissions Inventory 
submitted to us on January 20, 1995.

[[Page 8062]]

Other Rules

    In the March 18, 1996, Federal Register notice, we also proposed to 
approve two additional rules, which we are not acting on in today's 
notice:
    Rule 10 CSR 10-5.443, Control of Gasoline Reid Vapor Pressure 
(RVP). Since the March 18, 1996, proposal, the state has requested to 
opt in to the Federal reformulated gasoline program, and EPA approved 
the state's request on March 3, 1999 (see 64 FR 10366). This program 
will cut VOC emissions by an additional 5.53 tons/day over those 
achieved by the state rule and thus exceed the emissions reductions 
projected in the 15% Plan. The state intends to rescind the St. Louis 
RVP rule in the near future, since it no longer serves any purpose with 
respect to the 15% Plan. Therefore, we are taking no action on this 
rule.
    Rule 10 CSR 10-5.220, Control of Petroleum Liquid Storage, Loading 
and Transfer. Since the March 18, 1996, proposal, the state has revised 
and resubmitted this rule, which requires Stage I and Stage II vapor 
recovery equipment for petroleum facilities in the St. Louis 
nonattainment area. Therefore, we will repropose action on this rule in 
a separate Federal Register notice.

Have The Requirements for Approval of a SIP Revision Been Met?

    The state submittals have met the public notice requirements for 
SIP submissions in accordance with 40 CFR section 51.102. The 
submittals also satisfied the completeness criteria of 40 CFR Part 51, 
Appendix V. In addition, as explained above and in more detail in the 
technical support document (TSD) which is part of this document, the 
revision meets the substantive SIP requirements of the CAA, including 
section 110 and implementing regulations. Additional background 
information and our rationale for approval of the rules are also 
included in the March 18, 1996, and July 2, 1997, Federal Register 
notices and related TSDs.

What Action Is EPA Taking?

    EPA is taking final action to approve VOC rules and the Base Year 
Emissions Inventory submitted by Missouri to meet the requirements of 
section 182(b) of the Act. The VOC rules strengthen the SIP by 
obtaining needed reductions in VOC emissions, and the emissions 
inventory forms the baseline for achieving the required 15% reductions 
in VOC emissions.

Conclusion

    EPA is approving an amendment to the Missouri SIP which includes 
VOC rules and the 1990 Base Year Emissions Inventory for the St. Louis 
nonattainment area.

Administrative Requirements

    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. This action 
merely approves state law as meeting Federal requirements and imposes 
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 rule 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 (Public Law 104-4). For the same reason, 
this rule also does not significantly or uniquely affect the 
communities of tribal governments, as specified by Executive Order 
13084 (63 FR 27655, May 10, 1998). This rule will 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), because it 
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 Clean Air Act (CAA). This rule also 
is not subject to Executive Order 13045 (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 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 section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note) do not apply. As required by section 3 of 
Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this 
rule, EPA has taken the necessary steps to eliminate drafting errors 
and ambiguity, minimize potential litigation, and provide a clear legal 
standard for affected conduct. EPA has complied with Executive Order 
12630 (53 FR 8859, March 15, 1988) by examining the takings 
implications of the rule in accordance with the ``Attorney General's 
Supplemental Guidelines for the Evaluation of Risk and Avoidance of 
Unanticipated Takings'' issued under the Executive Order. 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 United States Senate, the United States 
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. section 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 April 17, 2000. 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 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.


[[Page 8063]]


    Dated: January 13, 2000.
Nat Scurry,
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 AA--Missouri

    2. Sec. 52.1320 is amended by:
    a. In the table to paragraph (c), under Chapter 5, revising the 
entry ``10-5.070'';
    b. In the table to paragraph (c), under Chapter 5, adding in 
numerical order entries ``10-5.440,'' ``10-5.442,'' ``10-5.450,'' ``10-
5.451,'' ``10-5.455,'' and ``10-5.490'';
    c. In the table to paragraph (e), under Chapter 5, adding the entry 
``1990 Base Year Inventory'' to the end of the table.
    The revisions and additions read as follows:


Sec. 52.1320  Identification of plan.

* * * * *
    (c) * * *

                                       EPA--Approved Missouri Regulations
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                                                       State
  Missouri citation              Title            effective date      EPA approval date          Explanation
----------------------------------------------------------------------------------------------------------------
                                    Missouri Department of Natural Resources
 
*                  *                  *                  *                  *                  *
                                               *
   Chapter 5''Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
 
*                  *                  *                  *                  *                  *
                                               *
10-5.070               Open Burning Restrictions        01/29/95  [insert FR cite and date
                                                                   of publication].
 
*                  *                  *                  *                  *                  *
                                               *
10-5.440               Control of Emissions from        12/30/96  [insert FR cite and date
                        Bakery Ovens.                              of publication].
10-5.442               Control of Emissions from        05/28/95  [insert FR cite and date
                        Offset Lithographic                        of publication].
                        Printing Operations.
10-5.450               Control of VOC Emissions         05/28/95  [insert FR cite and date
                        from Traffic Coatings.                     of publication].
10-5.451               Control of Emissions from        11/30/95  [insert FR cite and date
                        Aluminum Foil Rolling.                     of publication].
10-5.455               Control of Emission from         02/28/97  [insert FR cite and date
                        Solvent Cleaning                           of publication].
                        Operations.
   *
 *                  *
                  *
                *
              *
            *
 
 
10-5.490               Municipal Solid Waste            12/30/96  [insert FR cite and date
                        Landfills.                                 of publication].
 
*                  *                  *                  *                  *                  *
                                               *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

 
                                        Applicable geographic or
Name of non-regulatory SIP provision       nonattainment area            State submittal date             EPA approval date             Explanation
 
 
          *                  *                  *                  *                  *                  *                  *
1990 Base Year Inventory............  St. Louis..................  01/20/95                          [insert date of publication
                                                                                                      and FR cite].
 



[[Page 8064]]

[FR Doc. 00-3469 Filed 2-16-00; 8:45 am]
BILLING CODE 6560-50-P