[Federal Register Volume 72, Number 46 (Friday, March 9, 2007)]
[Rules and Regulations]
[Pages 10610-10613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4300]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2007-0083; FRL-8286-1]


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 approving a State Implementation Plan (SIP) revision 
submitted by the state of Missouri. EPA is approving a request to amend 
the Missouri SIP to include revisions to the St. Louis Solvent Metal 
Cleaning rule. The revisions to this rule include consolidating 
exemptions in the applicability section, adding new exemptions, adding 
definitions of new and previously undefined terms, and clarifying rule 
language regarding operating procedure requirements for spray gun 
cleaners and air-tight and airless cleaning systems. This revision will 
ensure consistency between the state and the Federally-approved rules.

DATES: This direct final rule will be effective May 8, 2007, without 
further notice, unless EPA receives adverse comment by April 9, 2007. 
If adverse comment is 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: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2007-0083, by one of the following methods:
    1. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    2. E-mail: [email protected].
    3. Mail: Amy Algoe-Eakin, Environmental Protection Agency, Air 
Planning and Development Branch, 901 North 5th Street, Kansas City, 
Kansas 66101.
    4. Hand Delivery or Courier. Deliver your comments to Amy Algoe-
Eakin, Environmental Protection Agency, Air Planning and Development 
Branch, 901 North 5th Street, Kansas City, Kansas 66101.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2007-0083. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://

[[Page 10611]]

www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through http://www.regulations.gov 
or e-mail information that you consider to be CBI or otherwise 
protected. The http://www.regulations.gov Web site is an ``anonymous 
access'' system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through http://www.regulations.gov, your e-mail address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment and with any disk or CD-ROM you 
submit. If EPA cannot read your comment due to technical difficulties 
and cannot contact you for clarification, EPA may not be able to 
consider your comment. Electronic files should avoid the use of special 
characters, any form of encryption, and be free of any defects or 
viruses.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in http://www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Air Planning and Development Branch, 901 North 5th Street, 
Kansas City, Kansas 66101. The Regional Office's official hours of 
business are Monday through Friday, 8 a.m. to 4:30 p.m. excluding 
Federal holidays. 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: Amy Algoe-Eakin at (913) 551-7942, or 
by e-mail at [email protected].

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?

    On January 17, 2007, Missouri requested that EPA approve a revision 
to the SIP to include changes to Missouri rule 10 CSR 10-5.300, Control 
of Emissions From Solvent Metal Cleaning. This rule specifies 
equipment, operating procedures, and training requirements for the 
reduction of volatile organic compound (VOC) emissions from solvent 
metal cleaning operations in the St. Louis, Missouri, metropolitan 
area. Generally, the revisions to this rule include: (1) Consolidating 
exemptions in the applicability section, (2) adding new exemptions, (3) 
adding definitions of new and previously undefined terms, and (4) 
clarifying rule language regarding operating procedure requirements for 
spray gun cleaners and air-tight and airless cleaning systems.
    More specifically, the revisions to the applicability section 
include revisions to subsection (1)(C), which describes the processes 
which use nonaqueous solvents to clean and remove soils from metal 
parts which are subject to this rule, and subsection (1)(D), which 
lists the solvents which are exempt from this rule. Subsection (1)(D) 
consolidates existing exemptions into one section and adds three new 
exemptions. The first new exemption is the exemption of solvent metal 
cleaning operations which are regulated under 40 CFR part 63, subpart 
T, the National Emission Standard for Hazardous Air Pollutants (NESHAP) 
for Halogenated Solvent Cleaning. The Missouri Department of Natural 
Resources' Air Pollution Control Program (MDNR/APCP) states that the 
solvents used in this practice are required to comply with the Federal 
NESHAP for Halogenated Solvent Cleaning and states that in general the 
NESHAP for Halogenated Solvent

[[Page 10612]]

Cleaning work practices, solvent loss limits, equipment specifications, 
and solvent recordkeeping/reporting requirements exceed the 
requirements in the existing Missouri solvent metal cleaning rule. 
Based on review of Missouri's analysis, we believe it is appropriate to 
exempt this source category because the Federal NESHAP is at least as 
stringent and sources must comply with this Federal NESHAP in order to 
be exempt from the Missouri rule.
    The second and third new exemptions added were for flush cleaning 
operations and hand cleaning/wiping operations. These exemptions were 
also added because industry conducting these activities were already 
regulated by Federal standard 40 CFR part 63, subpart GG, the NESHAP 
for Aerospace Manufacturing and Rework Facilities and by Missouri rule 
10 CSR 10-5.455, Control of Emissions From Solvent Cleanup Operations. 
Based on the review of this analysis, we believe that revision of this 
rule to exempt these source categories because the Federal NESHAP and 
existing state rule, 10 CSR 10-5.455, are at least as stringent and 
sources must comply with this Federal NESHAP and existing state rule.
    The MDNR/APCP also added several new definitions and evaluated the 
air quality impact of these new definitions. These definitions include: 
(2)(E) Flush cleaning, (2)(I) hand cleaning/wiping operation, (2)(M) 
nonaqueous solvent, and (2)(P) spray gun cleaner. These definitions 
were added to provide clarity to the rule, and Missouri has provided an 
analysis showing that this revision will not cause any increase in 
emissions.
    The MDNR/APCP also reorganized the General Provisions section. 
Specifically subsection (3)(A) of the rule was reorganized into 
subparagraphs for cold cleaners, open-top vapor degreasers, 
conveyorized degreasers, and air-tight or airless cleaning systems. 
Subsection (3)(B) outlines operating procedures for the four operations 
mentioned above. The spray gun cleaner, subparagraph (3)(B)4., and the 
air-tight and airless cleaning systems, subparagraph (3)(B)5., were 
added to provide more clarity to the rule's application for these two 
operations. Subsection 3(C) was revised to add clarifying language to 
the operator and supervisor training portion of this rule, and 
subsection (4)(A), reporting and record keeping language, was revised 
to require the records to be kept current and made available for review 
on a monthly basis.
    The Solvent Metal Cleaning rule is part of the St. Louis 15% Rate 
of Progress (ROP) Plan, which was required as part of the 1-hour ozone 
moderate nonattainment area requirements. Therefore, Missouri is 
currently developing an attainment demonstration and reasonable further 
progress plan for the 8-hour ozone SIP for the area but has not 
completed that work. Missouri has prepared documentation which 
demonstrates that these rule revisions will not negatively impact air 
quality in the St. Louis area. The demonstration consists of (1) an 
explanation of the rationale for the revisions to the rule's format, 
and (2) an evaluation of the revisions to the applicability section, 
definitions section, general provisions section, the reporting and 
record keeping section, and test methods section. The reformatting of 
the rule makes this rule consistent with the general format of Missouri 
air rules. The rule reformatting does not change any requirements and, 
therefore, does not impact emissions. As explained above, the 
additional exemptions in the rule do not significantly change the 
emissions limits to which the affected sources are subject.

Have the requirements for approval of a SIP revision been met?

    The submittal satisfied the completeness criteria of 40 CFR part 
51, appendix V. In addition, the state submittal has met the public 
notice requirements for SIP submission in accordance with 40 CFR 51.102 
and met the substantive SIP requirements of the CAA including section 
110.

What action is EPA taking?

    We are approving the request to amend the Missouri SIP to include 
revisions to the St. Louis Solvent Metal Cleaning rule, 10 CSR 10-
5.300.
    We are processing this action as a direct final action because the 
revisions make routine changes to the existing rules which are 
noncontroversial and make regulatory revisions, required by state 
statute. Therefore, we do not anticipate any adverse comments. Please 
note that if EPA receives adverse comment on part of this rule and if 
that part can be severed from the remainder of the rule, EPA may adopt 
as final those parts of the rule that are not the subject of an adverse 
comment.

Statutory and Executive Order Reviews

    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 approves a state rule implementing a 
Federal standard.
    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 state submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA when it reviews a state 
submission, to use VCS in place of a state submission that otherwise 
satisfies the provisions of the CAA. Thus, the requirements of section 
12(d) of the National Technology Transfer and

[[Page 10613]]

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 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. 
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 May 8, 2007. 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 in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: February 27, 2007.
John B. Askew,
Regional Administrator, Region 7.

0
Chapter I, Title 40 of the Code of Federal Regulations is amended as 
follows:

PART 52--[AMENDED]

0
1. The authority citation for Part 52 continues to read as follows:

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

Subpart AA--Missouri

0
2. In Sec.  52.1320(c) the table is amended under Chapter 5 by revising 
the entry for ``10-5.300'' to read as follows: Sec.  52.1320 
Identification of plan.
* * * * *
    (c) * * *

                                        EPA-Approved Missouri Regulations
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                                                               State
       Missouri citation                  Title           effective date   EPA approval date      Explanation
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                                    Missouri Department of Natural Resources
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   Chapter 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
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                                                  * * * * * * *
10-5.300......................  Control of Emissions            11/30/06  3/9/07 [insert FR
                                 from Solvent Metal                        page number where
                                 Cleaning.                                 the document
                                                                           begins].
 
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 [FR Doc. E7-4300 Filed 3-8-07; 8:45 am]
BILLING CODE 6560-50-P