[Federal Register Volume 65, Number 33 (Thursday, February 17, 2000)]
[Proposed Rules]
[Pages 8094-8097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3472]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MO 093-1093; FRL-6537-4]


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 a set of volatile organic compound 
(VOC) rules for the St. Louis, Missouri, nonattainment area. These 
rules are intended to satisfy the Reasonably Available Control 
Technology (RACT) requirements of section 182(b)(2) of the Clean Air 
Act (Act) Amendments of 1990. The VOC reductions achieved by the 
implementation of these rules will be accounted for in the 15% Rate-of-
Progress Plan (ROPP) and the attainment demonstration for the St. Louis 
nonattainment area as required in section 182(b)(1)(A) of the Act. EPA 
will address the achieved reductions as part of the 15% ROPP and the 
attainment demonstration in a separate rulemaking.

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

ADDRESSES: All comments should be addressed to Kim Johnson, Air 
Planning and Development Branch, 901 North 5th Street, Kansas City, 
Kansas 66101. Copies of the state submittals 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, SW, Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Kim Johnson at (913) 551-7975.

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?

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

[[Page 8095]]

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 
Promulgations 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?

    VOC emissions combine with nitrogen oxide emissions on hot, sunny 
days to form ground level ozone, commonly known as smog. The purpose of 
the following rules is to establish RACT requirements for major sources 
of VOC emissions to help reduce ozone concentrations in the St. Louis 
ozone nonattainment area. The St. Louis ozone nonattainment area 
includes Franklin, Jefferson, St. Charles, and St. Louis counties, and 
St. Louis City in Missouri.
    We are proposing to approve as an amendment to the Missouri SIP the 
following rules:

10 CSR 10-5.220  Control of Petroleum Liquid Storage, Loading, and 
Transfer

    Missouri has updated its existing rule 10 CSR 10-5.220 to improve 
the clarity of the regulation and generally strengthen the SIP. This 
rule restricts VOC emissions from the handling of petroleum liquids in 
five specific areas. These areas include petroleum storage tanks with a 
capacity greater than 40,000 gallons, the loading of gasoline into 
delivery vessels, the transfer of gasoline from delivery vessels into 
storage containers, gasoline delivery vessels, and the fueling of motor 
vehicles from storage containers.
    The RACT requirements as established in this rule are equivalent 
with the RACT identified in several of EPA's control techniques 
guidelines (CTG). The CTGs provide recommended RACT levels for gasoline 
service stations, bulk gasoline plants, tank truck gasoline loading 
terminals, fixed roof tanks, floating roof tanks, and Stage II vapor 
recovery.
    The rule contains enforceable requirements for the use of vapor 
loss control devices and/or vapor recovery systems for petroleum 
storage tanks, gasoline loading installations, gasoline transfer to 
gasoline storage tanks or gasoline delivery vessels and the fueling of 
motor vehicles, and the annual test for a leak tight condition. The 
rule establishes test methods for gasoline delivery vessels and fueling 
of motor vehicles. For the five areas where VOC emissions from the 
handling of petroleum liquids are restricted, the rule also specifies 
the recordkeeping requirements and requires records to be kept for two 
years.

10 CSR 10-5.295  Control of Emissions From Aerospace Manufacture 
and Rework Facilities

    This new rule requires all aerospace manufacture and rework 
facilities in the St. Louis nonattainment area, which emit greater than 
25 tons per year, to use low VOC coatings and cleaning solvents.
    This Missouri rule contains a list of VOC coating operations used 
in the aerospace manufacture and rework industry and the corresponding 
VOC content limit for the coating used in each operation. The rule also 
specifies appropriate low emission application techniques, using high 
transfer efficiency equipment such as: flow/curtain application, dip 
coat application, roll coating, brush coating, cotton-tipped swab 
application, electrodeposition coating, high volume low pressure 
spraying, and electrostatic spray application.
    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.

10 CSR 10-5.500  Control of Emissions From Volatile Organic Liquid 
Storage

    This rule limits the VOC emissions from installations storing large 
volumes of volatile organic liquids. The control requirements apply to 
all 40,000 gallon or larger volatile organic liquid storage containers 
storing liquid with a maximum true vapor pressure of one-half pound per 
square inch or greater.
    The RACT measures defined in this rule include specifications for 
internal and external floating roofs and installation of a closed vent 
system for vapor control.
    The RACT requirements as established in the rule are identical to 
the control options described in EPA's ``Alternative Control Techniques 
(ACT) Document: Volatile Organic Liquid Storage in Floating and Fixed 
Roof Tanks'' (EPA-453/R-94-001), published in January 1994. EPA 
believes that this document adequately identifies RACT for volatile 
organic liquid storage facilities.

10 CSR 10-5.520  Control of Volatile Organic Compound Emissions 
From Existing Major Sources

    This new rule requires major facilities that are not regulated by 
current category-specific RACT regulations to conduct a RACT study and 
implement the RACT level controls defined by the study as approved by 
Missouri. Major facilities are defined as having the potential to emit 
one hundred (100) tons per year or more of VOCs.
    The RACT studies are to be submitted to the Missouri Department of 
Natural Resources (MDNR) for approval on or before June 1, 2000. 
Implementation of the RACT controls are to be completed as 
expeditiously as possible, but no later than September 1, 2002.
    The state rule outlines the requirements of the RACT study

[[Page 8096]]

including identification of each emission unit subject to the RACT 
requirement, estimates of the potential and actual emissions from each 
unit, a ranking of the available control options and their respective 
control effectiveness, evaluation of the technical feasibility of the 
available control options, and cost analysis criteria. Testing, 
monitoring, and recordkeeping and reporting procedures to demonstrate 
compliance are also required as part of the approved RACT controls for 
each proposal of RACT controls. Documents supporting the RACT proposals 
and implementation are required to be kept for a period of five years. 
The requirements for the RACT studies as defined in this rule are 
consistent with EPA's policy on generic RACT defined below.
    As documentation for this rule, MDNR submitted a ``Demonstration of 
De Minimis Emission for Missouri Generic Reasonably Available Control 
Technology (RACT) Regulations 10 CSR 10 5.510 and 10 CSR 10-5.520, 
November 15, 1999.'' This demonstration is consistent with the EPA memo 
dated November 7, 1996, from Sally Shaver, Director of Air Quality 
Strategies and Standard Division, regarding the ``Approval Options for 
Generic RACT Rules Submitted to meet the Non-CTG VOC RACT Requirements 
and Certain NOX RACT Requirements'' which sets forth 
approval criteria for generic RACT rules.
    EPA's above-referenced policy states that full approval of a 
generic RACT rule may be appropriate if sources accounting for most of 
the emissions in an area are covered by a specific RACT emission limit, 
and the generic rule covers only sources which, in the aggregate, 
represent a de minimis level of emissions. EPA has reviewed the state's 
demonstration and believes that Missouri has made an adequate showing 
that full approval of its generic rule is appropriate.
    Full approval of this generic RACT rule will not relieve sources or 
the state of the obligation to ensure that all sources within the 
regulated area comply with the RACT requirement of the CAA, by adopting 
and implementing emission limitations. All ``case by case'' RACT 
determinations must be submitted to EPA for inclusion in the Federally 
approved SIP to ensure that the requirements are enforceable by EPA.
    Also, although Missouri and EPA are not aware of any such sources, 
any remaining sources not identified in the demonstration or currently 
``unknown'' are required to determine and comply with RACT. This 
requirement is enforceable by EPA and by citizen groups under section 
304 of the Act. Although this rule is proposed for approval as meeting 
RACT, if EPA later determines that sources remain unregulated under the 
Federally approved SIP, EPA could issue a SIP call or, possibly, a 
finding of nonimplementation of the SIP.

10 CSR 10-5.530  Control of Volatile Organic Compound Emissions 
From Wood Furniture Manufacturing Operations

    This rule limits the VOC emissions from wood furniture 
manufacturing operations that have the potential to emit equal to or 
greater than twenty-five (25) tons per year of VOC emissions.
    The RACT measures defined in this rule include limiting VOC 
emissions from finishing operations or installation of a control system 
that will achieve an equivalent reduction, and developing and 
maintaining work practice standards which further reduce VOC emissions. 
Facilities may use low VOC emissions coatings, higher solids coatings, 
emissions averaging, or a control device to meet the emissions limits. 
Control devices which meet the requirement of this rule include thermal 
incinerators, catalytic incinerators with a fixed or fluidized catalyst 
bed, and carbon adsorbers.
    The RACT requirements as established in the rule are equivalent 
with the RACT controls recommended in EPA's ``Control Techniques 
Guideline Series Document: Control of Volatile Organic Emissions from 
Wood Furniture Manufacturing Operations'' (EPA-453/R-96-007), published 
in April 1996.

10 CSR 10-5.540  Control of Emissions From Batch Process Operations

    This rule establishes RACT controls to limit the VOC emissions from 
batch process operations. The control requirements apply to batch 
operation sources that have the potential to emit equal to or greater 
than 100 tons per year of VOC emissions and that are identified by one 
of seven different four digit standard industrial classification codes 
under the chemical manufacturing category.
    RACT as established by this rule requires the installation of 
control devices which reduce uncontrolled VOC emissions from a single 
unit operation by an overall efficiency, on an annual average of at 
least ninety percent (90 percent), or emission limit of twenty (20) 
ppmv, per batch cycle. The control equipment specified in this rule to 
meet the VOC emission reductions include thermal or catalytic 
afterburners, flares, scrubbers, condensers, or carbon adsorbers.
    The RACT requirements as established in the rule are consistent 
with the control options described in EPA's ``Control of Volatile 
Organic Compound Emissions from Batch Processes--Alternative Control 
Techniques (ACT) Information Document'' (EPA-453/R-93-017), published 
in February 1994. EPA believes this document identifies appropriate 
RACT levels for batch process operation emissions.

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

    This new rule implements RACT control of VOC emissions from the 
synthetic organic chemical manufacturing industry (SOCMI). 
Specifically, this rule 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 control level for RACT in this rule is represented by a VOC 
emission reduction of 98 weight-percent or reduction to 20 ppmv dry 
basis, corrected to 3 percent oxygen. This level of control can be 
achieved by combustion through either thermal incineration or flaring.
    The RACT requirements as established in the rule are consistent 
with the RACT control measures recommended 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.

Summary

    These source-specific RACT rules and the generic RACT rule were 
submitted to ensure that all source categories addressed by a CTG or 
ACT and all major sources of VOC not addressed by a CTG or ACT in the 
St. Louis nonattainment area are subject to RACT level controls.
    On November 15, 1999, MDNR submitted a letter to EPA stating that 
there are no existing unregulated or uncontrolled shipbuilding and ship 
repair operations located in the St. Louis ozone nonattainment area. In 
addition, on December 17, 1999, MDNR submitted an additional letter 
stating that there are no other known, unregulated major sources of VOC 
in the St. Louis nonattainment area.

[[Page 8097]]

    These new VOC RACT rules are consistent with Federal regulations 
and are consistent with the appropriate EPA control techniques 
guidelines or alternative control techniques documents. The rules 
contain enforceable emission limits, appropriate compliance methods, 
require recordkeeping to determine compliance, and meet all applicable 
enforceability requirements.

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 technical 
support document which is part of this notice, the revision meets the 
substantive SIP requirements of the CAA, including section 110 and 
implementing regulations.

What Action is EPA Taking?

    We are proposing to approve as an amendment to the Missouri SIP the 
following rules applicable to the St. Louis nonattainment area: 10 CSR 
10-5.220 Control of Petroleum Liquid Storage, Loading, and Transfer; 10 
CSR 10-5.295 Control of Emissions From Aerospace Manufacture and Rework 
Facilities; 10 CSR 10-5.500 Control of Emissions from Volatile Organic 
Liquid Storage; 10 CSR 10-5.520 Control of Volatile Organic Compound 
Emissions From Existing Major Sources; 10 CSR 10-5.530 Control of 
Volatile Organic Compound Emissions From Wood Furniture Manufacturing 
Operations; 10 CSR 10-5.540 Control of Emissions from Batch Process 
Operations; 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

Conclusion

    These rules will reduce VOC emissions in the St. Louis area and 
meet the RACT requirements of section 182(b)(2) of the Act as amended 
in 1990.

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.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: January 25, 2000.
Dennis Grams,
Regional Administrator, Region VII.
[FR Doc. 00-3472 Filed 2-16-00; 8:45 am]
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