[Federal Register Volume 67, Number 79 (Wednesday, April 24, 2002)]
[Rules and Regulations]
[Pages 20036-20038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9911]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MO 155-1155a; FRL-7175-3]


Approval and Promulgation of Implementation Plans; State of 
Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking final action to approve a set of volatile 
organic compound (VOC) rules applicable to the Missouri portion of the 
Kansas City maintenance area as a revision to the Missouri State 
Implementation Plan (SIP). These rules restrict VOC emissions from 
certain large stationary sources and area sources. The effect of this 
approval is to ensure Federal enforceability of the state air program 
rules and to maintain consistency between the state-adopted rules and 
the approved SIP. This action also determines that Missouri has met the 
condition of approval of its revised maintenance plan for Kansas City 
and rescinds the prior conditional approval of the revised maintenance 
plan.

DATES: This direct final rule will be effective June 24, 2002, unless 
EPA receives adverse comments by May 24, 2002. If adverse comments are 
received, EPA will publish a timely withdrawal of the direct final rule 
in the Federal Register informing the public that the rule will not 
take effect.

ADDRESSES: Comments may be mailed to Leland Daniels, Environmental 
Protection Agency, Air Planning and Development Branch, 901 North 5th 
Street, Kansas City, Kansas 66101.
    Copies of documents relative to this action are available for 
public inspection during normal business hours at the above-listed 
Region 7 location. The interested persons wanting to examine these 
documents should make an appointment with the office at least 24 hours 
in advance.

FOR FURTHER INFORMATION CONTACT: Leland Daniels at (913) 551-7651.

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 EPA. These ambient standards are established under 
section 109 of the CAA, and they currently address six criteria 
pollutants. These pollutants are: carbon monoxide, nitrogen dioxide, 
ozone, lead, particulate matter, and sulfur dioxide.
    Each state must submit these regulations and control strategies to 
us for approval and incorporation into the 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?

    Missouri has adopted and amended a set of regulations to control 
emission of VOCs from certain stationary sources and area sources 
located within the Missouri portion of the Kansas City ozone 
maintenance area, specifically Clay, Platte, and Jackson Counties. The 
rules we are approving include: Rule 10 Code of State Regulations (CSR) 
10-2.205, Control of Emissions from Aerospace Manufacture and Rework 
Facilities (a new rule), Rule 10 CSR 10-2.210, Control of Emissions 
from Solvent Metal Cleaning (an amendment), Rule 10 CSR 10-2.215

[[Page 20037]]

Control of Emissions from Solvent Cleanup Operations (a new rule), and 
Rule 10 CSR 10-2.260, Control of Petroleum Liquid Storage, Loading and 
Transfer (amendment). Missouri, in a continuing effort to achieve 
additional needed emission reductions, has adopted these control 
regulations. Implementation of these rules is expected to reduce VOC 
emissions from both point and area sources by 1,978 tons per year. 
These new regulations were adopted by the Missouri Air Conservation 
Commission on December 7, 2000, May 24, 2001, February 6, 2001, and 
March 29, 2001, respectively, and became effective March 30, 2001, 
October 30, 2001, May 30, 2001, and July 30, 2001, respectively. Today, 
EPA is taking final action to approve rules 10 CSR 10-2.205, Control of 
Emissions from Aerospace Manufacture and Rework Facilities; rule 10 CSR 
10-2.210, Control of Emissions from Solvent Metal Cleaning; rule 10 CSR 
10-2.215 Control of Emissions from Solvent Cleanup Operations; and rule 
10 CSR 10-2.260, Control of Petroleum Liquid Storage, Loading and 
Transfer a revision to the Missouri SIP.
    In 1999 we conditionally approved (64 FR 28753, May 27, 1999) the 
new contingency measures in the maintenance plan and gave the State one 
year to opt-in to the RFG program or adopt equivalent emission 
reduction measures. By letter dated July 28, 1999, the Governor of 
Missouri filed an application to require RFG for the Kansas City, 
Missouri, area. The State's action to opt in to the RFG program 
fulfilled the condition we imposed upon the approval. Before EPA acted 
on the application to impose RFG, the Court of Appeals for the District 
of Columbia Circuit first stayed and later vacated an EPA rule which 
would have allowed former nonattainment areas (like Kansas City) and 
other areas to opt in to the RFG program (American Petroleum Inst. v. 
U.S. Environmental Protection Agency, 198 F. 3d 275 (D.C. Cir. 2000)). 
Subsequently, the State chose to implement a lower volatility gasoline 
measure (7.0 psi RVP). This measure was approved on February 2, 2002 
(67 FR 6658, effective March 15, 2002).
    In addition, Missouri has worked to establish control measures to 
provide the additional emissions reductions needed to fulfill the 
contingency measure requirement. As discussed above, during 2001 
Missouri submitted four additional control measures to limit VOC 
emissions.
    For these reasons, we are determining that Missouri has met the 
condition of the May 27, 1999, approval of the maintenance plan 
revision (64 FR 28753), and we are rescinding the prior conditional 
approval (40 CFR 52.1319) and providing full approval of the revision 
to the maintenance plan.

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.

What Action Is EPA Taking?

    This action approves the four VOC rules (10 CSR 10-2.205, Control 
of Emissions from Aerospace Manufacture and Rework Facilities; 10 CSR 
10-2.210, Control of Emissions from Solvent Metal Cleaning; 10 CSR 10-
2.215 Control of Emissions from Solvent Cleanup Operations; and 10 CSR 
10-2.260, Control of Petroleum Liquid Storage, Loading and Transfer) as 
a revision to Missouri's SIP for the Kansas City, Missouri, area. This 
action also provides full approval of the revision to the maintenance 
plan and also rescinds the prior conditional approval (40 CFR 52.1319).
    We are processing this action as a final action because it adds 
noncontroversial regulations to the SIP and recognizes that an action 
previously taken by Missouri satisfied the prior conditional approval. 
We do not anticipate any adverse comments. Please note that if EPA 
receives adverse comment on an amendment, paragraph, or section of this 
rule and if that provision is severed from the remainder of the rule, 
EPA may adopt as final those provisions of the rule that are not the 
subject of an adverse comment.

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. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). 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 pre-existing 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).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does 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). This action 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, ``Protection of 
Children from Environmental Health Risks and Safety Risks'' (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. This rule does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must

[[Page 20038]]

submit a rule report, which includes a copy of the rule, to each House 
of the Congress and to the Comptroller General of the United States. 
EPA will submit a report containing this rule and other required 
information to the U.S. Senate, the U.S. House of Representatives, and 
the Comptroller General of the United States prior to publication of 
the rule in the Federal Register. A major rule cannot take effect until 
60 days after it is published in the Federal Register. This action is 
not a ``major rule'' as defined by 5 U.S.C. 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 June 24, 2002. 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: April 11, 2002.
James B. Gulliford,
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


Sec. 52.1319  [Removed and Reserved]

    2. Section 52.1319 is removed and reserved.
    3. In Sec. 52.1320(c), the table is amended under Chapter 2 by 
adding in numeric order entries 10-2.205 and 10-2.215, and by revising 
entries 10-2.210 and 10-2.260, to read as follows:


Sec. 52.1320  Identification of Plan.

* * * * *
    (c) * * *

                                        EPA-Approved Missouri Regulations
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                                                                       State       EPA approval
       Missouri citation                      Title               effective date       date         Explanation
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                                    Missouri Department of Natural Resources
 
  Chapter 2--Air Quality Standards and Air Pollution Control Regulations for the Kansas City Metropolitan Area
 
*                  *                  *                  *                  *                  *
                                                        *
10-2.205......................  Control of Emissions from                3/30/01         4/24/02
                                 Aerospace Manufacture and
                                 Rework Facilities.
10-2.210......................  Control of Emissions from               10/30/01         4/24/02
                                 Solvent Metal Cleaning.
10-2.215......................  Control of Emissions from                5/30/01         4/24/02
                                 Solvent Cleanup Operations.
 
*                  *                  *                  *                  *                  *
                                                        *
10-2.260......................  Control of Petroleum Liquid              7/30/01         4/24/02
                                 Storage, Loading, and Transfer.
 
*                  *                  *                  *                  *                  *
                                                        *
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[FR Doc. 02-9911 Filed 4-23-02; 8:45 am]
BILLING CODE 6560-50-P