[Federal Register Volume 65, Number 97 (Thursday, May 18, 2000)]
[Rules and Regulations]
[Pages 31489-31492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12384]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region 7 Tracking No. MO 101-1101; FRL-6701-4]


Approval and Promulgation of Implementation Plans; State of 
Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action 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 is addressing the reductions as part of the 15% ROPP and the 
attainment demonstration in separate rulemaking actions.

DATES: This rule is effective on June 19, 2000.

ADDRESSES: Copies of the state submittals are available at the 
following address for inspection during normal business hours: 
Environmental Protection Agency, Air Planning and Development Branch, 
901 North 5th Street, Kansas City, Kansas 66101.

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 action?
Have the requirements for approval of a SIP revision been met?
What action is EPA taking?

What Is a SIP?

    Section 110 of the Clean Air Act (CAA) requires states to develop 
air pollution regulations and control strategies to ensure that state 
air quality meets the national ambient air quality standards 
established by EPA. These ambient standards are established under 
section 109 of the CAA, and they currently address six criteria 
pollutants. These pollutants are: carbon monoxide, nitrogen dioxide, 
ozone, lead, particulate matter, and sulfur dioxide.
    Each state must submit these regulations and control strategies to 
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 us for inclusion into the SIP. We must provide 
public notice and seek additional public comment regarding the proposed 
Federal action on the state submission. If adverse comments are 
received, they must be addressed prior to any final Federal action by 
us.
    All state regulations and supporting information approved by EPA 
under section 110 of the CAA are incorporated into the Federally 
approved SIP. Records of such SIP actions are maintained in the Code of 
Federal Regulations (CFR) at Title 40, Part 52, entitled ``Approval and 
Promulgation of Implementation Plans.'' The actual state regulations 
which are approved are not reproduced in their entirety in the CFR 
outright but are ``incorporated by reference,'' which means that we 
have approved a given state regulation with a specific effective date.

What Does Federal Approval of a State Regulation Mean to me?

    Enforcement of the state regulation before and after it is 
incorporated into 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 
section 304 of 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 taking final action 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.

[[Page 31490]]

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.

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.

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.

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 
100 tons per year or more of VOCs.

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 25 tons per year of VOC emissions.

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.

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. 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.

Summary

    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.
    No comments were received in response to the public comment period 
regarding this rule action.
    For more background information and a more detailed description of 
EPA's rationale for approval, the reader is referred to the proposal 
for this rulemaking published on February 17, 2000, at 65 FR 8094.

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

    The state submittal has met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. The submittal also 
satisfied the completeness criteria of 40 CFR part 51, Appendix V. In 
addition, as explained above and in more detail in the technical 
support document which is part of this document, the revision meets the 
substantive SIP requirements of the CAA, including section 110 and 
implementing regulations and Part D of Title I of the Act.

What Action Is EPA Taking?

    We are taking final action 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

    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 
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 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, our 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), we have no authority

[[Page 31491]]

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, we have 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. section 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. We 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 July 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.

    Dated: May 2, 2000
Dennis Grams,
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), Chapter 5, revising the entry for 
``10-5.220'';
    b. In the table to paragraph (c), Chapter 5, adding in numerical 
order entries ``10-5.295,'' ``10-5.500,'' ``10-5.520,'' ``10-5.530,'' 
``10-5.540,'' and ``10-5.550.''
    The revision and additions read as follows:


Sec. 52.1320  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Missouri Regulations
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                                                         State effective
       Missouri citation                 Title                 date        EPA approval date      Explanation
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                                    Missouri Department of Natural Resources
 
*                  *                  *                  *                  *                  *
                                                        *
   Chapter 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
 
*                  *                  *                  *                  *                  *
                                                        *
10-5.220......................  Control of Petroleum    August 30, 1999..  May 18, 2000.....
                                 Liquid Storage,
                                 Loading, and Transfer.
 
*                  *                  *                  *                  *                  *
                                                        *
10-5.295......................  Control of Emissions    February 29, 2000  May 18, 2000.....
                                 From Aerospace
                                 Manufacturing and
                                 Rework Facilities.
 
*                  *                  *                  *                  *                  *
                                                        *
10-5.500......................  Control of Emissions    February 29, 2000  May 18, 2000.....
                                 From Volatile Organic
                                 Liquid Storage.
10-5.520......................  Control of Volatile     February 29, 2000  May 18, 2000.....
                                 Organic Compound
                                 Emissions From
                                 Existing Major
                                 Sources.
10-5.530......................  Control of Volatile     February 29, 2000  May 18, 2000.....
                                 Organic Compound
                                 Emissions From Wood
                                 Furniture
                                 Manufacturing
                                 Operations.
10-5.540......................  Control of Emissions    February 29, 2000  May 18, 2000.....
                                 From Batch Process
                                 Operations.
10-5.550......................  Control of Volatile     February 29, 2000  May 18, 2000.....
                                 Organic Compound
                                 Emissions From
                                 Reactor Processes and
                                 Distillation
                                 Operations Processes
                                 in the Synthetic
                                 Organic Chemical
                                 Manufacturing
                                 Industry.
 

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[FR Doc. 00-12384 Filed 5-17-00; 8:45am]
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