[Federal Register Volume 65, Number 33 (Thursday, February 17, 2000)]
[Proposed Rules]
[Pages 8083-8092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3470]



[[Page 8083]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MO 095-1095; FRL-6537-2]


Approval and Promulgation of Implementation Plans; State of 
Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve Missouri's 15% Rate-Of-Progress 
Plan (ROPP), including rule 10 CSR 10-5.300, ``Control of Emissions 
from Solvent Metal Cleaning.'' This plan is intended to fulfill the 
requirements of section 182(b)(1)(A) of the Clean Air Act (CAA or the 
Act).

DATES: Comments must be received on or before March 20, 2000.

ADDRESSES: All comments should be addressed to Royan W. Teter, Air 
Planning and Development Branch, 901 North 5th Street, Kansas City, 
Kansas 66101.
    Copies of the state submittal 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: Royan W. Teter at (913) 551-7609.

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 State Implementation Plan (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?

What Is an SIP?

    Section 110 of the CAA requires states to develop air pollution 
regulations and control strategies to ensure that state air quality 
meets the national ambient air quality standards (NAAQS) 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 
EPA 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 EPA for inclusion into the SIP. EPA 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 
EPA.
    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 EPA 
has 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, 
EPA is 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?

Background

    Ozone, the main ingredient of smog, presents a serious air quality 
problem in many parts of the United States. Even at low levels, ozone 
can cause a number of respiratory effects. It is formed when pollutants 
emitted by cars, power plants, chemical plants, and other sources react 
chemically in the presence of sunlight. It is of most concern during 
the summer months when weather conditions needed to form ozone normally 
occur. To protect the public against the harmful effects of ozone, EPA 
is required to establish NAAQS. These standards specify levels of air 
quality that are requisite to the protection of public health and 
welfare. When these standards are violated, EPA may designate certain 
areas as ``nonattainment.''
    The St. Louis area was designated nonattainment for ozone in 1978. 
On November 6, 1991, EPA promulgated a regulation which classified the 
St. Louis area as a moderate ozone nonattainment area based on its 
design value of 0.138 parts per million. The nonattainment area 
consists of Madison, Monroe, and St. Clair counties in Illinois; and 
Franklin, Jefferson, St. Charles, and St. Louis counties and St. Louis 
city in Missouri.
    Section 182(b)(1)(A) of the Act requires that each state in which 
all or part of a moderate ozone nonattainment area is located submit, 
by November 15, 1993, a SIP revision providing for a 15 percent 
reduction in emissions of volatile organic compounds (VOC) by November 
15, 1996. These plans are commonly referred to as ROPPs. The required 
15 percent reduction is to be measured from calendar year 1990 baseline 
emissions and be ``net'' of any growth in VOC emissions that occurs in 
the nonattainment area between November 15, 1990, and November 15, 
1996. In other words, VOC emissions must be reduced by 15 percent of 
1990 baseline levels, and any increase in VOC emissions beyond the 
baseline must be offset through further reductions. Most reductions are 
creditable toward the 15 percent reduction requirement, with the 
exception of reductions achieved by the Federal Motor Vehicle Control 
Program (FMVCP) promulgated prior to 1990; reductions from requirements 
to lower the Reid Vapor Pressure (RVP) of gasoline promulgated prior to 
1990 or required under section 211(h) of the Act which restricts 
gasoline RVP; reductions from corrections to an existing vehicle 
inspection and maintenance (I/M) program; and reductions from

[[Page 8084]]

corrections to reasonably available control technology (RACT) rules.
    Missouri's first administratively complete ROPP was submitted to 
EPA in 1995. On March 18, 1996, we proposed a limited approval and 
limited disapproval of Missouri's ROPP (61 FR 10968). In general, EPA 
proposed approval of the stationary source control rules on which the 
state relied for a portion of the required VOC reductions. The primary 
reason for the proposed limited disapproval at that time was the lack 
of funding for the I/M program which is a critical part of the ROPP. In 
the same notice, we also proposed to conditionally approve the state's 
municipal solid waste landfill and clean up solvent rules, two 
components of the ROPP. On July 2, 1997, we issued a subsequent 
proposal to approve Missouri's landfill and gasoline RVP rules as they 
had been appropriately revised. Final action on all but one (10 CSR 10-
5.220 relating to gasoline storage, loading, and transfer) of the 
stationary source regulations contained in the 1995 version of the 
ROPP, which are also utilized in the ROPP which is the subject of this 
proposal, will be taken in a separate rulemaking. We must issue a new 
proposal on rule 10 CSR 10-5.220, as it has been substantially revised.
    We are not taking final action on rule 10 CSR 10-5.443, ``Control 
of Gasoline Reid Vapor Pressure.'' Since the March 18, 1996 proposal, 
the Missouri portion of the St. Louis ozone nonattainment area has 
become subject to the requirements of the Federal reformulated gasoline 
(RFG) program, and the state has substituted the RFG reductions for 
those achieved by the RVP rule. The state intends to rescind the St. 
Louis RVP rule.
    On November 12, 1999, Missouri submitted a revised ROPP which is 
significantly different from the previous version. As such, it would 
not be appropriate to take final action on portions of the previous 
plan which have been superceded by the current plan. Therefore, EPA is 
initiating rulemaking on the revised ROPP with the publication of 
today's proposal. EPA's action on the ROPP is limited to rule 10 CSR 
10-5.300 and the estimated reductions from all control measures. EPA is 
publishing separate rulemakings on the other rules which form the basis 
for the state's ROPP. This document provides an overview of the 
calculations which determine the target level of VOC emissions, the 
amount by which VOC emissions must be reduced to meet the emissions 
target, the control measures Missouri has selected to achieve the 
required reductions, and our rationale for the proposed approval of the 
state's overall plan. For a more detailed assessment of the ROPP, the 
reader is referred to our Technical support document (TSD), a copy of 
which can be found in the docket.

Technical Review

1. Calculation of the Emissions Target and Required Reductions
    Calculating the 1996 target level of VOC emissions and the total 
reductions necessary to achieve the target level involves applying a 
step-by-step procedure set forth in the EPA document, ``Guidance on the 
Adjusted Base Year Emissions Inventory and the 1996 Target for the 15 
percent Rate of Progress Plan.'' Missouri has correctly applied the 
specified procedure and has determined that the target level of VOC 
emissions is 265.11 tons per day (TPD). Emissions reductions of 64.65 
TPD are necessary to achieve the target. A detailed review of the 
calculations can be found in the TSD.
2. ROPP Control Measures
    The Missouri Department of Natural Resources (MDNR) reviewed a 
broad range of potential VOC control options for inclusion in the St. 
Louis ROPP. The final control measures were selected based on several 
considerations including the number and size of potentially impacted 
facilities. The control measures selected were those that: (1) Were 
being proposed at the federal level; (2) achieved the largest VOC 
emissions reductions with the least lead time; (3) were judged to be 
most cost effective in terms of dollars spent per ton of emissions 
reductions achieved; and (4) could be most efficiently enforced.
    The final 15% Plan control measures and associated emission 
reduction credits are summarized in the table below. Note that the 
listed reductions associated with I/M and RFG are approximations. The 
MOBILE model does not lend itself to isolating the credit from 
individual control programs when multiple programs are simulated 
because their effects are synergistic. A subsequent table will consider 
the mobile source controls in total and show that when combined with 
the remaining controls measures, the state will meet its VOC emissions 
target of 265.11 TPD.

                         VOC Control Strategies
                  [15% Target VOC Reduction=64.65 TPD]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                     MOBILE CONTROL OPTIONS
 
Centralized Enhanced I/M (Gateway Clean Air Program)............   19.82
Reformulated Gasoline (RFG).....................................   12.46
Nonroad RFG Benefits............................................    2.62
Fuel Distribution Benefits......................................    0.76
Tier I Standards................................................    0.60
Transportation Control Measures (TCMs)..........................    2.08
                                                                 -------
    Subtotals...................................................   39.06
 
                POINT/AREA SOURCE CONTROL OPTIONS
 
Hazardous Organic NESHAPs.......................................    0.08
Solvent Cleaning................................................    0.91
Petroleum Liquid Storage, Loading, and Transfer.................    4.20
Open Burning Ban................................................    2.60
Voluntary Reductions............................................    0.14
Landfill Gases..................................................    1.48
Alumax Foils, Inc...............................................    3.00
Slay Bulk Terminal..............................................    0.74
Architectural and Industrial Maintenance (AIM) Coatings             3.05
 (pending)......................................................
Automobile Refinishing..........................................    0.78
Federal Nonroad Small Engine Standards..........................    1.22
Consumer/Commercial Products Solvent Control....................    3.27
Permanent Plant Closings........................................    3.48
Solvent Metal Cleaning..........................................    0.64
                                                                 -------
    Subtotals...................................................   25.59
                                                                 =======
    Total Reductions............................................   64.65
------------------------------------------------------------------------

A. RACT Fix-ups

    Section 182(a)(2)(A) of the Act requires states to make corrections 
to their RACT rules to make up for deficiencies (e.g., improper 
exemptions) in existing SIPs. The emissions reductions associated with 
corrections accounting for missing rules, incorrect emission limits, or 
required capture systems are not creditable towards the 15 percent 
reduction requirements of the Act; however, the amount of emissions 
reductions from such corrections must still be quantified as they are a 
part of the total required reductions. What follows is a discussion 
regarding Missouri's RACT fix-ups and the associated emissions 
reductions.
(1) Aluminum Foil Rolling [10 CSR 10-5.451]
    Rolling lubricant is used to lubricate aluminum foil as it passes 
through the mill. The lubricant helps to evenly distribute heat 
generated by the rolling process and ensures the final product is of 
uniform thickness. During the process, the rolling lubricant is 
volatilized and emitted to the atmosphere. Prior to 1989, EPA did not 
consider such rolling lubricants to be VOC because of their low vapor 
pressure. In 1989, EPA revised its definition of VOC, removing the

[[Page 8085]]

exemption for low vapor pressure organics.
    Alumax Foils Inc., located within the city of St. Louis, emits 
approximately 12.5 TPD of VOCs during the production of aluminum foil. 
Prior to the change in the definition of VOC, the facility was not 
considered a large source of VOC emissions. Under the new definition, 
Alumax is a major source of VOCs as defined in the CAA and is therefore 
subject to the RACT provisions of the Act. MDNR developed a rule for 
aluminum foil rolling, 10 CSR 10-5.451, ``Control of Emissions from 
Aluminum Foil Rolling.'' In addition to addressing the RACT 
requirements for such facilities, the rule also requires more stringent 
controls for large aluminum foil rolling mills. The rule was adopted by 
the MACC, after proper notice and public hearing, on June 29, 1995, and 
became effective November 30, 1995.
    We concur with Missouri's estimate that the RACT portion of the 
rule will achieve VOC reductions of 0.30 TPD through the use of low 
vapor pressure rolling lubricant and enhanced recordkeeping and 
operating procedures. We also concur with the state's estimate that the 
rule's increased stringency will result in additional VOC reductions of 
3.0 TPD.
(2) Bakery Ovens [10 CSR 10-5.440]
    During 1993, MDNR determined that Continental Baking Company was a 
major source that was previously unregulated with respect to RACT as 
required by the CAA. In response, MDNR has promulgated a regulation 
that will control the VOC emissions from this bakery to RACT levels. 
The rule, 10 CSR 10-5.440, ``Control of Emissions from Bakery Ovens,'' 
was effective May 28, 1995. A subsequent amendment became effective 
December 30, 1996. The rule will require the facility to install a 
control device to achieve an overall VOC emission reduction of 98 
percent from its baking ovens. The VOC emissions reductions achieved by 
this regulation amount to 0.20 TPD.
(3) Offset Lithographic Printing [10 CSR 10-5.442]
    Offset lithography is a planographic method of printing, i.e., the 
printing and nonprinting areas are essentially in the same plane on the 
surface of a thin metal printing plate. The distinction between the two 
areas is maintained chemically. The image area is rendered water 
repellent, and the nonimage area is rendered water receptive. The 
printing substrate is either fed in a web (continuous roll) or a sheet-
fed system. VOCs are emitted from several sources involved in this type 
of operation. Inks, fountain solutions (alcohol solutions), and cleanup 
solvents are the primary sources of VOC.
    The offset lithography rule will result in a reduction of 0.80 TPD 
of VOC emissions. A reduction of this magnitude represents 
approximately a 57 percent decrease in emissions from major point 
sources within this industrial sector after including adjustments for 
rule effectiveness. The regulation will limit fountain solution alcohol 
usage, require the use of low VOC or low vapor pressure cleanup 
solvents, and require add-on control equipment for heatset web offset 
presses with actual VOC emissions greater than 10 tons per year (TPY). 
The control measures in the rule were derived from a draft control 
technique guideline document developed by EPA.
(4) Wood Furniture Manufacturing [10 CSR 10-5.530]
    This new rule, 10 CSR 10-5.530, ``Control of Volatile Organic 
Compound Emissions From Wood Furniture Manufacturing Operations,'' 
limits the VOC emissions from wood furniture manufacturing operations. 
The rule applies to all wood furniture manufacturing installations in 
the St. Louis nonattainment area that have the potential to emit (VOC) 
in quantities equal to or greater than 25 TPY. The national emissions 
standards for hazardous air pollutants (NESHAP) requirements were 
considered in establishing RACT control levels. The emission limits are 
based on two referenced control technologies: waterborne topcoats, and 
higher-solids sealers and topcoats. VOC emissions from affected 
facilities are expected to be reduced by 0.06 TPD.
    A public hearing on this regulation was held on September 23, 1999, 
and it was adopted by the MACC on October 28, 1999. It will be 
effective on February 29, 2000.
(5) Batch Processes [10 CSR 10-5.540]
    Rule 10 CSR 10-5.540, ``Control of Emissions from Batch Process 
Operations,'' limits emissions of VOC from batch process operations. 
The rule regulates all batch process operations that have a potential 
to emit greater than or equal to 100 TPY of VOC. The control 
requirements in this rule shall apply to process vents associated with 
batch operations at sources falling into seven specific standard 
industrial classification codes. The control requirements will not 
apply to certain single unit operations and batch process trains that 
are considered to be de minimis. However, these single unit operations 
and batch process trains will be required to follow the recordkeeping 
and reporting requirements listed in the rule. The rule establishes 
formulas for determining applicability and test methods for determining 
compliance. The VOC emission reduction estimates are based on EPA 
guidance documents. Assuming a 20 percent VOC reduction from affected 
sources, total VOC reductions amount to 0.05 TPD.
    A public hearing regarding this regulation was held on September 
23, 1999, and it was adopted by the MACC on October 28, 1999. It will 
be effective on February 29, 2000.
(6) Reactor and Distillation Operations [10 CSR 10-5.550]
    Rule 10 CSR 10-5.550, ``Control of Volatile Organic Compound 
Emissions from Reactor Processes and Distillation Operations Processes 
in the Synthetic Organic Chemical Manufacturing Industry,'' requires 
RACT for control of VOC emissions from any vent stream originating from 
a process unit in which a reactor process or distillation operation is 
located. The rules requirements are consistent with those established 
in EPA's ``Control Techniques Guideline (CTG) for Control of Volatile 
Organic Compound Emissions from Reactor Processes and Distillation 
Operations Processes in the SOCMI Industry'' (EPA-450/4-91-031), 
published in August 1993. VOC reductions from the affected sources are 
estimated to be 0.28 TPD based upon information provided by the 
affected sources as part of the annual requirement to submit completed 
Emission Inventory Questionnaires to the state.
    A public hearing on this regulation was held on September 23, 1999, 
and it was adopted by the MACC on October 28, 1999. It will be 
effective on February 29, 2000.
(7) Volatile Organic Liquid (VOL) Storage [10 CSR 10-5.500]
    Rule 10 CSR 10-5.500, ``Control of Emissions from Volatile Organic 
Liquid Storage,'' limits the VOC emissions from installations with VOL 
storage vessels. More specifically, this rule shall apply to all 
storage containers of VOL with a maximum true vapor pressure of one-
half pound per square inch or greater in any stationary tank, 
reservoir, or other container of forty thousand gallon capacity or 
greater, with certain exceptions. Certain control equipment will be 
required, e.g., internal floating roofs, door and vent gaskets, 
pressurized tanks, and closed vent systems to control VOC vapors. 
Different levels of

[[Page 8086]]

control will be required based on the vapor pressure of the stored 
fluid and the tank storage capacity. The rule also includes 
recordkeeping and reporting requirements. Assuming a 5 percent VOC 
reduction from affected sources, total VOC reductions from this rule 
are minimal at 0.05 pounds per day.
    A public hearing regarding this regulation was held on September 
23, 1999, and it was adopted by the MACC on October 28, 1999. It will 
be effective on February 29, 2000.
(8) Aerospace Manufacture and Rework Facilities [10 CSR 10-5.295]
    Rule 10 CSR 10-5.295, ``Control of Emissions from Aerospace 
Manufacture and Rework Facilities,'' establishes VOC limits for 
coatings and solvents used in manufacturing and/or repairing aerospace 
vehicles and/or components. The RACT requirements as established in 
this rule are consistent with the control technology recommended in 
EPA's ``Control Techniques Guideline (CTG) for Control of Volatile 
Organic Compound Emissions from Coating Operations at Aerospace 
Manufacturing and Rework Operations'' (EPA-453/R-97/04), published in 
December 1997. It is not anticipated that the rule will result in any 
VOC reductions beyond those achieved by 40 CFR Part 63, Subpart GG, 
National Emission Standard for Aerospace Manufacture and Rework 
Facilities, with which the affected facilities must comply.
    A public hearing on this regulation was held on September 23, 1999, 
and it was adopted by the MACC on October 28, 1999. It will be 
effective on February 29, 2000.
(9) Generic VOC RACT [10 CSR 10-5.520]
    Rule 10 CSR 10-5.520, ``Control of Emissions from Existing Major 
Sources,'' requires any facility in the St. Louis ozone nonattainment 
area that is a major source for VOC and is not affected by an industry 
or source specific RACT regulation to conduct a study of the available 
control technologies and submit a RACT control proposal to the state. 
The rule outlines the requirements of the RACT study and the time frame 
for both submittal and implementation of RACT measures identified 
through the study. This rule is estimated to reduce VOC emissions by 
237 TPY or 0.65 TPD. However, Missouri has applied only 0.58 TPD 
towards the total required reductions.
    A public hearing on this regulation was held on September 23, 1999, 
and it was adopted by the MACC on October 28, 1999. It will be 
effective on February 29, 2000.

B. Mobile Sources

(1) Centralized Vehicle I/M [10 CSR 10-5.380]
    Corrections to I/M programs are necessary when either: (1) the 
area's I/M program does not achieve the emission reductions required by 
EPA's minimum criteria, or (2) the area's program does not meet the 
standards of its current SIP. The ``basic I/M program'' currently 
employed in St. Louis was found to be deficient in meeting several EPA 
requirements. Problems that EPA cited included: improper testing rates, 
weak document control and security measures, lack of penalties for 
illegal inspections, faulty waiver procedures, inadequate data 
collection and analysis, and no method of determining the motorist 
compliance rate. Missouri must, at a minimum, correct the identified 
deficiencies. Any emissions reductions achieved through program 
corrections are not creditable toward the CAA's 15 percent VOC 
reduction requirement. Missouri estimates and EPA concurs that the 
noncreditable VOC reductions attributable to I/M program corrections 
are 1.58 TPD.
    Section 182 of the CAA requires states with moderate ozone 
nonattainment areas to implement at least a basic I/M program. Missouri 
will replace the present decentralized ``basic I/M program'' with a 
centralized, test-only I/M program. The emissions reductions achieved 
by the new program will substantially exceed those achievable through 
implementation of a basic program.
    The program will consist of 12 ``inspection only'' stations. An 
operating contractor, Environmental Systems Products-Missouri, Inc., 
will run the emission inspection stations. All vehicles, model year 
1971 and newer, registered in St. Charles, Jefferson, and St. Louis 
counties, and the city of St. Louis are required to be emission 
inspected. Several types of vehicles will be exempted. These vehicles 
include pre-1971 model year vehicles, diesel vehicles, alternatively 
fueled vehicles, motorcycles, motortricycles, agricultural vehicles, 
and vehicles with a gross vehicle weight rating greater than 8,500 
pounds. Model year vehicles 1971 through 1980 will be subject to an 
idle test. Model year vehicles 1981 and later will be subject to an 
IM240 test. IM240 is a transient emissions test that requires the 
subject vehicle to be placed on a dynamometer and put through a driving 
cycle that involves acceleration and deceleration of the vehicle on a 
predetermined drive trace. All 1996 and newer vehicles will be subject 
to a fault code check of the On-Board-Diagnostic system beginning 
January 1, 2001. A pressure test and purge test will also be required 
on 1981 and later model year vehicles. The pressure test will consist 
of only a gas cap check. Vehicle owners whose vehicle fails any portion 
of the emission inspection will be required to have emissions-related 
repairs or adjustments made to the vehicle. The vehicle must then pass 
a subsequent retest. If the vehicle is unable to pass a retest after 
the owner has incurred emissions-related repair costs a waiver may be 
granted. The operation of the centralized, test-only I/M program will 
begin in April 2000.
    The reductions associated with the centralized, test-only I/M 
program are a critical part of the ROPP. MDNR has estimated that 19.82 
TPD of VOC emission can be eliminated in the ozone nonattainment area 
through the implementation of the program. This accounts for over 32 
percent of the total 15 percent requirement. MDNR has correctly 
accounted for the I/M program in the mobile source emissions modeling. 
The appropriate estimates of vehicle miles traveled were then applied 
to the mobile source emission factors. The state assumed the I/M 
program was implemented in 1996 to avoid including reductions 
associated with fleet turn over which occurred after 1996.
    Note that this rulemaking only addresses the state's estimates of 
the reductions achieved by the I/M program as they relate to the ROPP. 
EPA is acting on the state's I/M submission, including rule 10 CSR 10-
5.380, through a separate rulemaking which will specifically address 
the program's adherence to the Federal I/M regulations.
(2) Federal RFG (Onroad Mobile Sources)
    MDNR has determined that a fuel control strategy is necessary to 
meet the overall 15% ROPP requirement. Accordingly, MDNR asked the 
Governor to opt in to the RFG program for the St. Louis ozone 
nonattainment area.
    On June 15 and 16, 1998, a St. Louis Fuels Summit was held at the 
University of Missouri-St. Louis to discuss fuel control options that 
would improve air quality in the St. Louis ozone nonattainment area. On 
July 10, 1998, based on the summit proceedings and further 
investigation of the issues, Governor Carnahan invoked section 
211(k)(6) of the CAA by submitting a letter to EPA requesting that the 
Missouri portion of the St. Louis ozone nonattainment area be subject 
to the provisions of the Federal RFG program beginning June 1, 1999.

[[Page 8087]]

    The final Federal rule (64 FR 10366) triggering the applicability 
of the Federal RFG regulations was printed in the Federal Register on 
March 3, 1999, and became effective on April 4, 1999. Consistent with 
the Governor's request, the sale of conventional gasoline was 
prohibited beginning June 1, 1999. For a detailed chronology of events 
leading to the implementation of the RFG program in St. Louis, the 
reader is referred to our TSD.
    Missouri estimates that implementation of the RFG program will 
reduce VOC emissions in the Missouri portion of the nonattainment area 
by 12.46 TPD. MDNR has correctly accounted for the RFG program in the 
mobile source emissions modeling. The MOBILE5b input files can be found 
in Appendix #12 of the ROPP.
    It is important to note that in the ROPP, Missouri accounted only 
for reductions associated with phase I of the RFG program. Phase I 
officially ended on December 31, 1999. Phase II of the program 
officially began on January 1, 2000. Phase II is expected to reduce VOC 
emissions by an additional 27 percent (across all areas where RFG is 
required). According to an October, 15, 1999, EPA document titled 
``Estimated Emission Reduction Benefits of RFG Program, 1999-2000,'' 
EPA estimates that as of January 1, 2000, VOC emissions will be reduced 
by 3.83 TPD beyond those reductions accounted for in Missouri's ROPP.
(3) Federal RFG (Nonroad Mobile Sources)
    The RFG program provides exhaust and evaporative emission 
reductions from nonroad VOC sources. According to an August 18, 1993, 
technical memorandum concerning ``VOC Emission Benefits from Nonroad 
Equipment with the use of Federal Phase I Reformulated Gasoline,'' 
issued by Phil Lorang, director, Emission Planning and Strategies 
Division, Office of Mobile Sources, nonroad exhaust VOC emissions will 
be reduced by 3.3 percent and nonroad evaporative VOC emissions will be 
reduced by 3.2 percent with the use of Phase I RFG relative to the 
adjusted base year inventory. Total nonroad VOC emissions are 64.3 TPD; 
therefore, Phase I RFG will provide total (exhaust and evaporative) VOC 
emission reductions of 2.62 TPD from nonroad sources.
(4) Transportation Control Measures (TCM)
    One of the requirements of the CAA is that states consider 
transportation planning activities when developing their SIPs. TCMs can 
effectively provide for some VOC emissions reductions. Section 174 of 
the CAA gives the major responsibility for the evaluation, selection, 
and implementation of TCMs to local officials within a nonattainment 
area. Local control allows each nonattainment area the opportunity to 
develop transportation systems that reduce automobile emissions and are 
compatible with other local transportation goals. The state initially 
adopted the following TCMs:

a. Work Trip Reductions
1. Activity-center trip reductions
2. Areawide ride sharing programs
b. Transit Improvements
1. Metro-link light rail system
2. Bus enhancements
3. Park-and-ride lots
4. Bicycle facilities
c. Traffic Flow Improvements
1. Signal timing
2. Incident management programs
3. Intersection improvements
d. Gasoline Price Increases
1. Missouri $0.06 fuel tax

    Although it was estimated that the adopted TCMs had the potential 
to reduce VOC emissions by as much as 1.8 TPD, Missouri has only 
applied one ton per day as credit towards the 15 percent reduction 
requirement due to the uncertainty associated with the estimation 
techniques. We concur with Missouri's assessment of the creditable 
reductions from the above measures.
    Additional TCMs are planned in the state's Transportation 
Improvement Program (TIP) for fiscal years 2000-2002. These TCMs 
include bus replacements, the addition of bike paths, transit programs, 
and traffic signalization improvements. The total estimated VOC 
reductions from these TCMs are 1.08 TPD.

C. Point Sources/Area Sources

(1) Petroleum Liquid Storage, Loading, and Transfer [10 CSR 10-5.220]
    Rule 10 CSR 10-5.220, ``Control of Petroleum Liquid Storage, 
Loading, and Transfer,'' requires Stage I and Stage II vapor recovery 
equipment for petroleum facilities in the St. Louis nonattainment area. 
The rule incorporates the limit imposed by the new Federal NESHAPs for 
Stage I which limits total organic compound emissions to 10 milligrams 
per liter of gasoline loaded at gasoline terminals. It also 
incorporates EPA's December 1991, ``Enforcement Guidance for Stage II 
Vehicle Refueling Control Programs.'' The rule establishes permitting 
procedures for gasoline refueling facilities. It sets requirements for 
gasoline deliveries to underground storage tanks and requires that vent 
pipes for storage tanks be equipped with pressure vacuum valves. It 
also establishes an Advisory Committee to provide a forum for 
discussion between the regulated community and government agencies.
    This regulation will result in significant improvements to the 
Stage I/Stage II program in the nonattainment area. The regulation 
coupled with an ongoing parallel effort by the three affected air 
pollution control agencies will provide consistent inspection and 
enforcement procedures for all the jurisdictions. In addition the 
regulation incorporates the recommendations made to Missouri by EPA. We 
concur with the state's estimate of the VOC emissions reductions 
achieved by the rule.
(2) Control of Emissions From Solvent Cleanup Operations [10 CSR 10-
5.455]
    Rule 10 CSR 10-5.455, ``Control of Emissions from Solvent Cleanup 
Operations,'' requires large users of cleanup solvents to reduce the 
amount of emissions from the use of such solvents by 30 percent 
relative to 1990 levels. This translates to a daily VOC emissions 
reduction of 0.91 TPD. We concur with the state's emission reduction 
estimates.
(3) Permanent Plant Closings
    Nine manufacturing plants have permanently ceased operations in the 
nonattainment area. All nine are listed as significant emitters of VOCs 
in the 1990 base year inventory. The VOC reductions from permanent 
plant closings total 6951 lb/day or 3.48 TPD. The individual plants and 
their respective 1990 VOC emissions are listed in our TSD. EPA concurs 
with the state's estimate of the credit associated with permanent plant 
closings.
(4) Open Burning Restrictions [10 CSR 10-5.070]
    This rule will reduce VOC emissions from the burning of residential 
wastes primarily in rural areas where open burning is still allowed. 
The regulation makes it illegal to burn trash or other man-made refuse. 
The burning of agricultural wastes from farming operations will still 
be allowed in areas where it is currently permitted. The burning of 
yard waste such as leaves will be restricted during the ozone season. 
It is estimated that VOC emissions will be reduced by 2.6 TPD as a 
result of the rule. EPA concurs with the emissions reduction credit as 
applied in the ROPP.
(5) Traffic Coatings [10 CSR 10-5.450]
    Rule 10 CSR 10-5.450, ``Control of Emissions from Traffic 
Coatings,'' limits

[[Page 8088]]

the VOC content in paints used for traffic coating in the St. Louis 
nonattainment area to 150 grams of VOC per liter of paint. This limit 
is identical to that established in EPA's Architectural and Industrial 
Maintenance (AIM) Coating regulation for which the state has taken 
credit in the ROPP. As such, the state's rule does not generate any 
emissions reductions that are applicable to the rate-of-progress 
requirements of the CAA. Nevertheless, the state has retained the 
regulation as a component of the revised ROPP.
(6) VOC Emission Reduction From Source-Initiated Reductions
    Two sources within the nonattainment area, Leonard's Metal, Inc., 
and Mallinckrodt Specialty Chemical Company, have reduced their VOC 
emissions such that they are creditable towards the rate-of-progress 
requirements of the Act. Leonard's Metal entered into a Consent 
Agreement with EPA stipulating that the company will reduce its use of 
trichloroethylene and methyl ethyl ketone. Mallinckrodt shut down two 
processes associated with the production of tannin.
    As noted above, Leonard's Metal entered into a Consent Agreement 
with EPA. The Agreement requires that the facility reduce its emissions 
of methyl ethyl ketone by 50 percent and its emissions of 
trichloroethylene by 100 percent by 1996. To date, the facility has 
reduced its methyl ethyl ketone consumption by greater than 50 percent. 
Invoices show a decrease in usage from 13 drums (55 gallons each) to 4 
drums per year. The total VOC reductions claimed from Leonard's Metal 
are 0.04 TPD. EPA concurs with the estimated reductions.
    The permanent shutdown of certain processes resulted in 214.7 TPY 
in VOC reductions from Mallinckrodt; however, the company elected to 
bank 182.5 TPY consistent with Missouri rule 10 CSR 10-6.060, leaving 
32.2 TPY or 0.10 TPD (assuming 312 days of operation) creditable 
towards the 15% Plan. The reductions are equivalent to 32.2 TPY or 0.10 
TPD. These emissions have been permanently retired. EPA concurs with 
the claimed emissions reduction credit.
(7) Municipal Solid Waste Landfills [10 CSR 10-5.490]
    Six municipal solid waste landfills are located in the St. Louis 
area. Landfills emit VOC generated during the decomposition of solid 
waste. The 1990 base year inventory indicates the nonmethane VOCs 
emitted from these six landfills are 1.51 TPD. The MACC adopted rule 10 
CSR 10-5.490, ``Control of Emissions from Municipal Solid Waste 
Landfills,'' on August 29, 1996, and the rule became effective December 
30, 1996. The rule requires the use of gas collection systems which 
reduce VOC emissions by 98 percent. EPA concurs with the state's 
estimate that rule 10 CSR 10-5.490 will achieve VOC reductions of 1.48 
TPD.
(8) Solvent Metal Cleaning [10 CSR 10-5.300]
    Section 172(c)(9) of the CAA requires states with ozone 
nonattainment areas classified as moderate and above, to adopt 
contingency measures which are to be implemented immediately if the 
nonattainment area fails to make reasonable further progress or to 
attain the NAAQS by the applicable attainment date. On February 3, 
1998, after proper notice and public hearing, the MACC adopted a 
revision to 10 CSR 10-5.300, ``Control of Emissions from Solvent Metal 
Cleaning.'' The rule became effective on May 30, 1998, and was 
submitted to EPA on June 22, 1998. We found the SIP submission complete 
on August 31, 1998.
    VOC emissions from cold cleaning operations are significant within 
the St. Louis ozone nonattainment area. The 1990 base year point source 
emissions from cold cleaning are 9.41 TPD of VOC. These VOCs are 
emitted from 13 different point sources. The 1990 base year area source 
emissions from cold cleaners are estimated at 12.62 TPD of VOC. The 
1996 VOC emissions from area source cold cleaning and point source cold 
cleaning are 13.85 and 9.29 TPD, respectively.
    Previously, this rule only required that certain operating 
procedures be followed. The amended rule will require solvents used in 
cold cleaners have a maximum vapor pressure of 2.0 mmHg at 20 degrees 
Celsius by September 30, 1998. By April 1, 2001, solvents used in cold 
cleaners cannot have a maximum vapor pressure greater than 1.0 mmHg at 
20 degrees Celsius. VOC emissions reductions resulting from the rule 
amendments are approximately 9.0 TPD; however, Missouri has requested 
that only 0.64 TPD be applied to the rate-of-progress requirements. 
Note that EPA is not only approving the estimates of VOC reduction, but 
is also specifically proposing to approve the revisions to the rule in 
today's action on the ROPP.

D. Federal Control Measures

(1) AIM Coatings
    As required by the CAA, EPA promulgated a Federal rule (63 FR 
48848) which was later supplemented (64 FR 34997) to reduce VOC 
emissions from the use of AIM coatings. The Federal rule affects 
manufacturers, distributors, retailers, and consumers of various types 
of paints and coatings. Consistent with EPA guidance, Missouri has 
estimated that VOC emissions in the St. Louis ozone nonattainment area 
will be reduced by 20 percent relative to 1990 levels. This translates 
to VOC emissions reductions of 3.05 TPD.
(2) Control of VOC Emissions From Benzene Transfer Operations
    The National Emission Standard for Benzene Emissions from Benzene 
Transfer Operations, codified at 40 CFR Part 61, subpart BB requires 
owners or operators of benzene production facilities and bulk terminals 
to install and maintain control devices which reduce benzene emissions 
to the atmosphere by 98 percent (by weight) by July 23, 1991. There is 
only one affected source within the Missouri portion of the St. Louis 
nonattainment area. For purposes of calculating the available credit 
from this source of reductions, Missouri has assumed that compliance 
has been achieved and that the difference in emissions reported in 1990 
and 1993 is fully creditable. Emissions were reduced over that time 
frame by approximately 99.5 percent (0.74 TPD). Although this level of 
reduction may have occurred, credit for this level of reduction is not 
allowed. The benzene rule regulates the efficiency of the required 
emissions control device rather than stipulating a specific emission 
limitation. The appropriate level of credit should have been determined 
by calculating the difference between a 98 percent reduction in 
projected 1996 emissions and the base year emissions from this source. 
EPA estimates the actual available credit to be slightly higher than 
the state's estimate. Therefore, EPA will accept the state's claimed 
emission reduction credit towards the 15 percent reduction requirement.
(3) Control of VOC Emissions From Autobody Refinishing Operations
    As required by the CAA, EPA promulgated a Federal rule (63 FR 
48806) limiting the VOC content of various autobody refinishing 
materials. Consistent with EPA guidance, Missouri has estimated that 
VOC emissions in the St. Louis area will be reduced by 37 percent 
relative to 1990 levels. Missouri estimated the VOC inventory from the 
autobody refinishing industry in 1990 was 2.1 TPD after conducting a 
detailed survey. Hence, the VOC emissions reductions from the Federal 
rule are approximately 0.78 TPD.

[[Page 8089]]

(4) Tier I FMVCP
    Section 202 of the CAA requires auto manufacturers to produce 
vehicles which will meet more stringent vehicle emission standards. 
These tighter standards are referred to as the ``Tier I'' standards (56 
FR 25724, June 5, 1991). Beginning in model year 1994, passenger cars 
and light-duty trucks must meet these tighter emission standards. For 
passenger cars and light-duty trucks up to 6000 lbs., these standards 
will be phased in as a percentage of overall vehicle production over 
three years: 40 percent, 80 percent, and 100 percent of the vehicles 
produced in model year 1994, 1995, and 1996 and thereafter, 
respectively. For gasoline and diesel light-duty trucks over 6000 lbs., 
the standards will be phased in with 50 percent of new vehicles in 
model year 1996 and 100 percent in subsequent years. MDNR estimates and 
EPA concurs that new vehicles entering the fleet will reduce VOC 
emissions in the Missouri portion of the nonattainment area by 0.6 TPD.
(5) Hazardous Organic NESHAP (HON)
    The HON consists of four subparts setting standards for emissions 
of hazardous air pollutants (HAP) from the Synthetic Organic Chemical 
Manufacturing Industry (SOCMI) and six non-SOCMI processes. Many of the 
HAPs regulated by the HON are also classified as VOCs. Recognizing this 
overlap, EPA issued a May 6, 1993, policy memorandum from G.T. Helms, 
Ozone/Carbon Monoxide Programs Branch, indicating that a 5 percent 
reduction in VOC emissions is expected from sources complying with the 
HON rule. In anticipation of such reductions, states are allowed to 
receive 5 percent credit towards the 15 percent reduction requirements 
of the Act. A single source in the St. Louis nonattainment area is 
subject to the equipment leak provisions of the HON rule. The 1990 
baseline VOC emissions from this facility were estimated at 3380.23 
lbs/day during the ozone season. Applying the authorized 5 percent 
results in emission reduction credit of 169.01 lbs/day or 0.08 TPD.
(6) Gasoline Detergent Additives
    The Federal detergent additive regulation was promulgated (59 FR 
54706) on November 1, 1994. As of January 1, 1995, virtually all 
gasoline sold in the United States must contain detergent additives to 
prevent the accumulation of deposits in engines and fuel systems. Among 
other emissions impacts, preventing such deposits results in fewer VOC 
emissions from motor vehicles. According to the ``Regulatory Impact 
Analysis and Regulatory Flexibility Analysis for the Interim Detergent 
Registration Program and Expected Detergent Certification Program,'' 
generated by EPA's Office of Mobile Sources, the use of gasoline 
containing the required additives reduced 1996 VOC emissions by 0.7 
percent. This translates to a VOC reduction of 0.72 TPD for the 
Missouri portion of the St. Louis nonattainment area.
(7) VOC Emissions Reductions From Federal Nonroad Small Engine 
Standards
    Phase I of the first national program to reduce emissions from 
small engines was finalized in the Federal Register on August 2, 1995 
(60 FR 34582). The Phase I standards take effect with model year 1997. 
These standards are expected to result in a reduction in VOC emissions 
of 32 percent after full implementation. An EPA policy memorandum 
(``Future Nonroad Emission Reduction Credits for Court-Ordered Nonroad 
Standard,'' November 28, 1994) states that the new small engine 
standards will reduce 1996 VOC emissions from these sources by 4.5 
percent.
    Phase II of the program will affect both handheld and nonhandheld 
small engines. The Phase II standards will be phased in over model 
years 2002 through 2005. These standards are expected to reduce 
emissions of VOC and NOX by 30 percent below Phase I levels.
    The emissions from small spark-ignited engines can be generally 
classified under ``lawn and garden'' equipment. The emission levels 
from these types of engines are significant in the St. Louis area. The 
small engine standards are expected to reduce VOC emissions by 
approximately 1.22 TPD in the St. Louis ozone nonattainment area.
(8) VOC Emission Reductions From Consumer and Commercial Products 
Solvent Control
    Section 183(e) of the CAA required EPA to conduct a study of VOC 
emissions from consumer and commercial products and report the study's 
results to Congress. EPA was required to list for regulation those 
categories of products which account for at least 80 percent of all VOC 
emissions from consumer and commercial products in ozone nonattainment 
areas.
    On March 15, 1995, EPA submitted its report to Congress. The 
regulatory schedule was published in the Federal Register on March 23, 
1995. EPA promulgated the final consumer and commercial products 
regulation (63 FR 48819) on September 11, 1998. The regulation applies 
to 24 categories of household, personal care, and automotive products. 
For the 24 categories covered by the regulation, EPA estimates a 
reduction of approximately 20 percent from 1990 levels. Based on our 
guidance, the state has estimated that VOC emissions in the St. Louis 
ozone nonattainment area will be reduced by 3.27 TPD.

Policy Review

    Section 182(b)(1) of the CAA requires all states having ozone 
nonattainment areas classified as moderate and above to submit a SIP by 
November 15, 1993, which describes how VOC emissions in each 
nonattainment area will be reduced by 15 percent (net of growth) during 
the first six years after enactment, i.e., by November 15, 1996.
    A revised ROPP was adopted by the MACC on October 28, 1999, after 
proper notice and public hearing. The revised ROPP was submitted to EPA 
on November 12, 1999. The revised plan has been reviewed with respect 
to the requirements of the CAA and applicable EPA guidance. EPA 
believes the revised plan is fully approvable.
    The correct procedures were utilized in establishing the 1996 
target level of VOC emissions and as is illustrated by the table below, 
the plan includes specific control measures which have or will in the 
near future reduce VOC emissions to the degree necessary to meet the 
emissions target. While the table (as extracted from the ROPP) 
indicates a slight shortfall (0.04 TPD or 80 pounds per day), EPA 
believes no shortfall exists because rule 10 CSR 10-5.300, which EPA is 
proposing to approve in this rulemaking, will achieve substantially 
more reductions (8.36 TPD) than Missouri applied to the ROPP. In 
addition there are other measures, such as Phase II of the RFG program, 
for which the state did not take credit.

[[Page 8090]]



         1996 Area Source VOC Emissions Including ROPP Controls
------------------------------------------------------------------------
                                                    1996         1996
                Source category                  emissions    emissions
                                                  (lb/day)      (TPD)
------------------------------------------------------------------------
Tank Truck Unloading (Stage I)................          400         0.20
Vehicle Refueling (Stage II)..................        6,120         3.06
Underground Storage Tank--Breathing Losses....          980         0.49
Tank Trucks in Transit........................          400         0.20
Aircraft Refueling............................          180         0.09
Architectural Surface Coatings................       25,100        12.55
Auto Refinishing..............................        3,320         1.66
Traffic/Bridge Coatings.......................        3,400         1.70
Solvent Metal Cleaning--Cold Cleaning.........       26,420        13.21
Dry Cleaning--Petroleum.......................       12,320         6.16
Graphic Arts..................................        1,960         0.98
Cutback Asphalt...............................       12,060         6.03
Consumer/Commercial Solvent Uses..............       26,240        13.12
Municipal Waste Landfills.....................           60         0.03
Open Burning--On-Site Incineration............          380         0.19
Open Burning--Residential.....................        1,400         0.70
Open Burning--Commercial/Institutional........          380         0.19
Commercial Bakeries...........................        5,280         2.64
Breweries.....................................        1,640         0.82
Pesticide Application.........................        6,360         3.18
Automobile Fluids.............................        2,100         1.05
Lawn Products.................................        3,960         1.98
Deep Fat Fryers...............................          980         0.49
Charbroil.....................................        7,340         3.67
Residential Fuel..............................        2,020         1.01
Commercial/Institutional Fuel.................          480         0.24
Industrial Fuel...............................          280         0.14
Structural Fires..............................        2,340         1.17
Forest Fires..................................          560         0.28
                                               -------------------------
      Total...................................      153,340        77.23
------------------------------------------------------------------------


      1996 Nonroad Source VOC Emissions Including ROP Plan Controls
------------------------------------------------------------------------
                                                    1996         1996
                Source category                  emissions    emissions
                                                  (lb/day)      (TPD)
------------------------------------------------------------------------
Construction Equipment........................    10,078.53         4.82
Farm Equipment................................     3,462.73         1.66
Industrial Equipment..........................    13,460.48         6.44
Lawn Equipment................................    53,524.29        24.45
Off-Highway Vehicles..........................       513.93         0.25
Commercial & Recreational Vessels.............    44,044.15        21.08
Aircraft Operations...........................     8,163.53         4.08
Railroad Locomotives..........................       562.48         0.28
                                               -------------------------
      Total...................................   133,810.10        63.07
------------------------------------------------------------------------


      1996 Mobile Source VOC Emissions Including ROP Plan Controls
------------------------------------------------------------------------
                                                                 1996
                      Source category                         Emissions
                                                                (TPD)
------------------------------------------------------------------------
1996 Mobile Source VOC Emissions (includes I/M and RFG             71.80
 controls).................................................
Tier I Standards...........................................        -0.60
Transportation Control Measures............................        -2.08
Federal Gasoline Detergent Additive........................        -0.72
                                                            ------------
      Total................................................        68.40
------------------------------------------------------------------------


   1996 VOC Emissions Inventory of All Sources Including ROPP Controls
------------------------------------------------------------------------
                                                               1996 VOC
                      Source Category                         Emissions
                                                                (TPD)
------------------------------------------------------------------------
Point......................................................        56.37

[[Page 8091]]

 
Area Source................................................        77.23
Mobile Source..............................................        68.40
Nonroad Source.............................................        63.07
                                                            ------------
      Total................................................       265.07
1996 Target Level..........................................       265.11
Difference.................................................        -0.04
------------------------------------------------------------------------

    EPA recognizes that some of the control measures in the plan did 
not provide for the necessary reduction within the time frame 
prescribed by the CAA. However, EPA believes that SIPs providing for 
reductions after the November 15, 1996, deadline are approvable, as 
long as the control measures result in meeting the target level of 
emissions as soon as practicable. This position was affirmed in a 
February 12, 1997, memo from John Seitz, OAQPS Director, to the 
regional division directors. The memo directed the regions to ``Review 
the SIPs to assure that they contain all measures practicable for the 
nonattainment area in question that will accelerate to a meaningful 
extent the date by which the 15 percent reductions are attained.''
    Section 3.0 of Missouri's ROPP is dedicated to the evaluation of 
potential control measures. The state has considered an extensive list 
of potential control measures and has documented the measures which are 
not practicable based on considerations such as cost effectiveness and 
enforceability. Some examples of control measures that were not 
selected for implementation include rule effectiveness improvements, 
limits on VOC content of pesticides, and limits on VOC emissions from 
breweries. Based on reviews of the state's analysis of additional 
measures and lists of control measures which have been implemented in 
other nonattainment areas, EPA believes that there are no other 
measures that Missouri could have implemented that would have 
substantially accelerated achievement of the target level of VOC 
emissions. It is important to note that roughly 68 percent of the 
required control measures contained in Missouri's ROPP have been 
implemented. Implementation of the most significant outstanding control 
measure (I/M), which accounts for approximately 30 percent of the 
required VOC reduction, is scheduled to begin in April 2000. To achieve 
these reductions, the program will be implemented in two phases, with 
the second phase beginning in 2002. The state has signed a multiyear 
contract for operation of the program, all property has been acquired, 
and test facilities are under construction. EPA is not aware of other 
practicable measures which will result in comparable emissions 
reductions that can be implemented sooner than those contained in 
Missouri's ROPP. Therefore, EPA believes it is reasonable to propose 
full approval of the program.

Conformity

    Transportation conformity requirements are established in section 
176(c) of the CAA. Nonattainment areas such as St. Louis must 
demonstrate that transportation plans and projects do not adversely 
affect air quality and therefore ``conform'' to the SIP.
    The means of demonstrating conformity and therefore fulfilling 
section 176(c) is contained in 40 CFR Part 93. This rule requires a 
nonattainment area to identify motor vehicle emissions budgets in 
control strategy SIPs, like Missouri's ROPP. These budgets represent an 
estimate of the amount of ozone precursor motor vehicle emissions an 
area's transportation plan and program can generate without negatively 
impacting air quality. Motor vehicle emissions budgets can be used for 
conformity purposes once EPA finds them adequate according to the 
adequacy criteria in 40 CFR 93.118(e)(4).
    Missouri's ROPP establishes a 1996 mobile source emissions budget 
for VOC of 69.48 TPD. EPA believes the established budget meets the 
requirement to identify a motor vehicle emissions budget as described 
above and believes the budget is adequate for conformity purposes. 
However, Missouri has established VOC and NOX budgets in its 
November 12, 1999, submittal of the attainment demonstration. The VOC 
budget in that submission is 68.73 TPD. On November 29, 1999, EPA 
announced that it is reviewing the adequacy of these emissions budgets 
for conformity purposes. EPA will determine the adequacy of Missouri's 
mobile source emissions budgets in the attainment demonstration in the 
near future. EPA expects that it will make an adequacy determination on 
the attainment demonstration budgets before making an adequacy 
determination on the ROPP budget. If EPA determines that the attainment 
demonstration budgets are adequate, those budgets will be used for 
future conformity determinations.

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 section 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 document, the revision meets the substantive SIP 
requirements of the CAA, including section 110 and Part D of Title I. 
The revision also conforms to the relevant EPA guidance concerning 
approval of ROPPs.

What Action is EPA Taking?

    Based on a thorough review of Missouri's ROPP relative to the CAA 
and applicable guidance, we are proposing to approve Missouri rule 10 
CSR 10-5.300, ``Control of Emissions from Solvent Metal Cleaning,'' and 
all of the emissions reductions listed in the ROPP. EPA is processing 
this as a proposed action because we are seeking comments with respect 
to our evaluation of Missouri's ROPP.
    Conclusion: On November 12, 1999, Missouri submitted a revised 
ROPP. The plan established the 1996 target level of VOC emissions for 
the Missouri portion of the St. Louis ozone nonattainment area at 
265.11 TPD. To meet the emissions target, VOC emissions must be reduced 
by 104.32 TPD. Of the required 104.32 TPD, 64.38 are creditable towards 
the rate-of-progress requirements of the CAA. Missouri achieves the 
required reductions through a combination of 19 state and 9 Federal 
control measures. With one exception (10 CSR 10.300), EPA will act

[[Page 8092]]

on all applicable state regulations in separate rulemakings. EPA's 
action on the ROPP is limited to rule 10 CSR 10.300 and the estimated 
reductions from all control measures. EPA intends to take final action 
on the ROPP when it takes final action on the control measures on which 
the ROPP relies.

Administrative Requirements

    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. This proposed 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 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 
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. 104-4). For the same reason, this proposed 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 proposed 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 CAA. 
This proposed 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 
proposed 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 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 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.

    Dated: February 8, 2000.
Dennis Grams,
Regional Administrator, Region 7.
[FR Doc. 00-3470 Filed 2-16-00; 8:45 am]
BILLING CODE 6560-50-P