[Federal Register Volume 77, Number 14 (Monday, January 23, 2012)]
[Rules and Regulations]
[Pages 3144-3147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1086]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2011-0859; FRL-9621-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Missouri; Reasonably Available Control Technology (RACT) for the 8-Hour 
Ozone National Ambient Air Quality Standard (NAAQS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to conditionally approve a State 
Implementation Plan (SIP) revision submitted by the State of Missouri 
to EPA on January 17, 2007, with a supplemental revision submitted to 
EPA on June 1, 2011. The purpose of these SIP revisions is to satisfy 
the RACT requirements for volatile organic compounds (VOCs) set forth 
in the Clean Air Act (CAA or Act) with respect to the 8-hour ozone 
NAAQS. In addition to taking final action on the 2007 submission, EPA 
is also taking final action to approve several VOC rules adopted by 
Missouri and submitted to EPA in a letter dated August 16, 2011 for 
approval into its SIP. We are taking final action to approve these 
revisions because they enhance the Missouri SIP by improving VOC 
emission controls in Missouri. EPA's final action to conditionally 
approve the SIP submittal is consistent with section 110(k)(4) of the 
CAA. As part of the conditional approval, Missouri will be required to 
revise its rules to address one additional source category, no later 
than December 31, 2012.

DATES: Effective Date: This final rule will be effective February 22, 
2012.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R07-OAR-2011-0859. All documents in the docket 
are listed on the http://www.regulations.gov index. Although listed in 
the index, some information is not publicly available, i.e., 
Confidential Business Information (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 Air Planning and Development 
Branch, Air and Waste Management Division, U.S. Environmental 
Protection Agency, Region 7, 901 North 5th Street, Kansas City, Kansas 
66101. EPA requests that if at all possible, you contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section to schedule your 
inspection. The Regional Office's official hours of business are Monday 
through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ms. Lachala Kemp, Air Planning and 
Development Branch, U.S. Environmental Protection Agency Region 7, 901 
N. 5th Street, Kansas City, Kansas 66101; telephone number (913) 551-
7214; email address: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' or 
``our'' refer to EPA. This section provides additional information by 
addressing the following questions:

[[Page 3145]]

Table of Contents

I. What final action is EPA taking in this final rule?
II. What is the background for the approvals by EPA in this final 
rule?
III. EPA's Final Action
IV. Statutory and Executive Order Reviews

I. What final action is EPA taking in this final rule?

    EPA is taking final action to conditionally approve a SIP revision 
submitted by the State of Missouri to EPA on January 17, 2007, and June 
1, 2011. The purpose of these revisions is to ensure that certain 
sources of VOC emissions are controlled to a level which represents 
Reasonably Available Control Technology (RACT), and that certain source 
categories meet RACT levels consistent with Control Techniques 
Guidelines (CTGs) issued by EPA prior to 2006. EPA is also taking final 
action to approve several VOC rules adopted by Missouri and submitted 
to EPA in a letter dated August 16, 2011 for approval into its SIP. 
This latter submittal addresses VOC RACT requirements for sources in 
categories for which EPA issued CTGs during 2006-2008. The purpose of 
today's action is to conditionally approve the referenced SIP 
submissions as meeting the VOC RACT requirements of CAA section 
182(b)(2) for the Missouri portion of the St. Louis metropolitan 8-hour 
ozone nonattainment area.
    On October 25, 2011, EPA published in the Federal Register a 
proposed rulemaking to conditionally approve this SIP revision and to 
approve these VOC rules (76 FR 66013). EPA did not receive any public 
comments on this proposal.

II. What is the background for the approvals by EPA in this final rule?

    This section briefly summarizes the background for today's final 
action. More detailed discussion of the statutory and regulatory 
background can be found in the preamble to the proposal for this 
rulemaking (see 76 FR at 66014-17).
    The St. Louis metropolitan area, which includes the counties of 
Franklin, Jefferson, St. Charles and St. Louis, and the City of St. 
Louis in Missouri (as well as four counties in Illinois), is currently 
designated as a moderate nonattainment area under the 8-hour ozone 
standard. For areas in moderate nonattainment with the ozone NAAQS, CAA 
section 182(b)(2) requires states to submit SIP revisions to EPA that 
require sources of VOCs that are subject to a CTG issued by EPA, and 
all other major stationary sources, in the nonattainment area to 
implement RACT.\1\
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    \1\ Section 182(f) of the CAA requires that all SIP provisions 
required for major stationary sources of VOCs shall also apply to 
major stationary sources of Nitrogen Oxides (NOX), unless 
EPA exempts a specific nonattainment area from this requirement 
based on criteria set forth in section 182(f). With respect to 
NOX, EPA approved Missouri's request for a 
``NOX waiver,'' effective September 19, 2011. Based on 
this rule, Missouri withdrew the portion of its 2007 submission 
relating to NOX RACT. Therefore, today's action only 
addresses Missouri's obligations for VOCs. See 76 FR at 66014-15.
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    On January 17, 2007, the Missouri Department of Natural Resources 
(MDNR) submitted to EPA proposed SIP revisions demonstrating compliance 
with the RACT requirements set forth by the CAA under the 8-hour ozone 
NAAQS. This submittal addressed all source categories for which a CTG 
had been issued by EPA prior to 2006, and addressed the controls in 
place for all other major stationary sources in the nonattainment area. 
Since the development of the initial submittal by MDNR, EPA issued a 
number of new CTGs, in 2006, 2007, and 2008. States were then required 
to address RACT requirements for sources in the source categories 
covered by these CTGs. As a result, on June 1, 2011, MDNR submitted an 
amendment to its prior RACT demonstration.
    With respect to the source categories for which a CTG had been 
issued by EPA prior to 2006, MDNR certified that all of the existing 
St. Louis area VOC rules satisfy RACT requirements for the 8-hour ozone 
standard. EPA proposed to approve this certification (see 76 FR at 
66016) and did not receive any public comments on this proposal. 
Therefore, based on the rational stated in the proposal, EPA is 
approving this certification in today's action.
    With respect to the source categories for which a CTG was issued by 
EPA beginning in 2006, MDNR submitted three revised rules to EPA for 
approval. EPA proposed to approve these rules in the proposed 
rulemaking (see 76 FR at 66016) and did not receive any public comments 
on this proposal. Therefore, in today's action, EPA finds that these 
revised rules address the RACT requirements and is approving these 
rules into the Missouri SIP. These rules cover the following source 
categories: 1) Industrial Surface Coating Operations (10 CSR 10-5.330), 
2) Rotogravure and Flexographic Printing (10 CSR 10-5.340), and 3) 
Lithographic Printing Operations (10 CSR 10-5.442). For a more detailed 
description of the CTGs issued by EPA and the corresponding Missouri 
VOC rules which address these CTGs, see 76 FR at 66015-17.
    Finally, in today's final action, EPA is conditionally approving 
the Missouri SIP revisions that address the requirements of RACT under 
the 8-hour ozone NAAQS. As discussed in the proposed rulemaking, at 
this time, EPA is unable to fully approve the state's RACT SIP revision 
because the current submittal does not yet meet all RACT requirements. 
Specifically, Missouri has not submitted RACT rules for inclusion into 
the Missouri SIP to address one CTG: Solvent Cleanup Operations. 
However, MDNR submitted a letter dated September 30, 2011, committing 
to submit a SIP to address the solvent cleaning CTG no later than 
December 31, 2012. Based on this commitment, pursuant to section 
110(k)(4) of the CAA, EPA is conditionally approving Missouri's 
proposed SIP revision in today's action. Under that section, EPA may 
approve a SIP revision based on a commitment of the State to adopt 
specific enforceable measures by a date certain, but not later than one 
year after the date of approval of the SIP. Missouri must revise its 
rules to be consistent with the CAA (i.e., it must adopt a specific 
enforceable measure to address RACT for solvent metal cleaning 
operations) no later than December 31, 2012. This conditional approval 
shall be treated as a disapproval if Missouri fails to comply with this 
commitment.

III. EPA's Final Action

    In today's rulemaking, EPA is taking the following final actions. 
First, with respect to Missouri's VOC RACT rules that EPA previously 
approved into Missouri's SIP under the 1-hour ozone standard, EPA is 
taking final action to approve Missouri's certification that these RACT 
controls continue to represent RACT under the 8-hour ozone standard. 
Second, EPA is taking final action to approve revisions to three of 
Missouri's VOC rules (10 CSR 10-5.330; 10 CSR 10-5.340; 10 CSR 10-
5.442) into Missouri's SIP, as these rules satisfy RACT for the 
Missouri portion of the St. Louis nonattainment area. Third, pursuant 
to CAA section 110(k)(4), EPA is taking final action to conditionally 
approve the Missouri SIP revisions that address the requirements of 
RACT under the 8-hour ozone NAAQS. Missouri must submit a SIP revision 
addressing the solvent cleaning CTG discussed above, no later than 
December 31, 2012. This conditional approval shall be treated as a 
disapproval if Missouri fails to comply with this commitment.

[[Page 3146]]

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
proposed action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as amended 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 
action 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 March 23, 2012. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action 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

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

    Dated: January 10, 2012.
Karl Brooks,
Regional Administrator, Region 7.

    40 CFR part 52 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. Section 52.1320(c) is amended by revising the following entries 
under ``Chapter 5--Air Quality Standards and Air Pollution Control 
Requirements for the St. Louis Metropolitan Area'' to read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (c)* * *

                                   Table 1--EPA-Approved Missouri Regulations
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                                                       State
       Missouri citation              Title       effective date  EPA approval date          Explanation
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                                                  * * * * * * *
10-5.330......................  Control of            08/30/2011  01/23/2012         ...........................
                                 Emissions from                    [Insert citation
                                 Industrial                        of publication].
                                 Surface Coating
                                 Operations.
10-5.340......................  Control of            08/30/2011  01/23/2012         ...........................
                                 Emissions from                    [Insert citation
                                 Rotogravure and                   of publication].
                                 Flexographic
                                 Printing
                                 Facilities.
 
                                                  * * * * * * *
10-5.442......................  Control of            08/30/2011  01/23/2012         ...........................
                                 Emissions from                    [Insert citation
                                 Offset                            of publication].
                                 Lithographic
                                 Printing
                                 Operations.
 
                                                  * * * * * * *
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[[Page 3147]]


0
3. In Sec.  52.1320, the table in paragraph (e) is amended by adding 
the following entry to read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (e)* * *

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                                        Applicable
    Name of non-regulatory SIP        geographic or          State       EPA approval date       Explanation
             revision               nonattainment area  submittal date
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                                                  * * * * * * *
(55) VOC RACT Requirements for     St. Louis..........     01/17/2007,  01/23/2012 [Insert   We are
 the 8-hour ozone NAAQS.                                    06/01/2011   citation of          conditionally
                                                                         publication].        approving this SIP
                                                                                              revision based on
                                                                                              Missouri's
                                                                                              commitment to
                                                                                              submit a SIP to
                                                                                              address the
                                                                                              solvent cleaning
                                                                                              CTG no later than
                                                                                              December 31, 2012.
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0
4. Section 52.1323 is amended by adding paragraph (o) to read as 
follows:


Sec.  52.1323  Approval status.

* * * * *
    (o) The Administrator conditionally approves the Missouri SIP 
revisions that address the requirements of RACT under the 8-hour ozone 
NAAQS under Sec.  52.1320(c). Full approval is contingent on Missouri 
submitting RACT rules for inclusion into the Missouri SIP to address 
the Solvent Cleanup Operations CTG, to the EPA, no later than December 
31, 2012.

[FR Doc. 2012-1086 Filed 1-20-12; 8:45 am]
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