[Federal Register Volume 79, Number 3 (Monday, January 6, 2014)]
[Rules and Regulations]
[Pages 580-582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31566]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2012-0767; FRL-9905-03-Region 7]


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.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a State Implementation Plan (SIP) revision submitted 
by the State of Missouri to EPA in a letter dated May 4, 2012. The 
purpose of the SIP revision is to amend Missouri's regulation for the 
control of Volatile Organic Compounds (VOC) and meet the requirement to 
adopt reasonably available control technology (RACT) for sources 
covered by EPA's Control Technique Guidelines (CTG) for Industrial 
Cleaning Solvents. We are taking final action to approve this revision 
because it satisfies the applicable requirements of the Clean Air Act 
(CAA) with respect to RACT for the Missouri portion of the St. Louis 
Metropolitan 1997 8-hour ozone nonattainment area.

DATES: This final rule is effective February 5, 2014.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R07-OAR-2012-0767. 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, 11201 Renner Boulevard, Lenexa, Kansas 
66219. 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. 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: Ms. Lachala Kemp, Air Planning and 
Development Branch, U.S. Environmental Protection Agency Region 7, 
11201 Renner Boulevard, Lenexa, Kansas 66219; 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:

I. What 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

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

    EPA is taking final action to approve a SIP revision submitted by 
the State of Missouri to EPA on May 4, 2012. The purpose of this 
revision is to control the emissions of VOCs, consistent with Control 
Techniques Guidelines (CTGs) issued by EPA, and to satisfy the RACT 
requirements of the CAA for the Missouri portion of the St. Louis 
metropolitan 1997 8-hour ozone nonattainment area. Specifically, the 
revision incorporates an amendment to

[[Page 581]]

an existing SIP-approved Missouri regulation 10 Code of State 
Regulations 10-5.455 to control emissions from Industrial Solvent 
Cleaning Operations in the St. Louis metropolitan area. The revision 
includes lowering the allowable emissions threshold for VOCs released 
per day from the use, storage and disposal of industrial cleaning 
solvents, and adds requirements for facilities that exceed the 
applicability threshold. EPA is taking final action to approve this 
revision because the adoption by Missouri of this regulation represents 
RACT control levels for CTGs issued by EPA after 2006. In addition, EPA 
is taking final action to approve this revision because it meets the 
requirements of the conditional approval EPA issued on January 10, 
2012. See 77 FR 3144 (January 23, 2012).

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 78 FR at 45112-45114 (July 26, 2013). No comments were 
received on the proposed rulemaking.
    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 1997 8-hour ozone 
National Ambient Air Quality Standard (NAAQS).\1\ For areas in moderate 
nonattainment with the ozone NAAQS, section 182(b)(2) of the CAA 
requires states to submit SIP revisions to EPA that require sources of 
VOCs in the nonattainment area that are subject to a CTG issued by EPA, 
and all other major stationary sources,\2\ to implement RACT.
---------------------------------------------------------------------------

    \1\ The St. Louis metropolitan area was also recently designated 
as a ``marginal'' nonattainment area for the 2008 ozone NAAQS.
    \2\ For a moderate nonattainment area, a major stationary source 
is one which emits, or has the potential to emit, one hundred tons 
per year or more of VOCs. See CAA section 302(j).
---------------------------------------------------------------------------

    EPA has defined RACT as the lowest emissions limitation that a 
particular source is capable of meeting by the application of control 
technology that is reasonably available, considering technological and 
economic feasibility. 44 FR 53761 (September 17, 1979). EPA provides 
states with guidance concerning what types of controls could constitute 
RACT for certain source categories through the issuance of CTGs. See 71 
FR 58745, 58747 (October 5, 2006).
    Section 183(e) of the CAA provides that EPA may issue a CTG in lieu 
of a national regulation for categories of consumer or commercial 
products where the Administrator determines that such guidance will be 
substantially as effective as regulations in reducing VOC emissions in 
ozone nonattainment areas.

III. EPA's Final Action

    In this rulemaking, EPA is taking final action to approve a 
revision to Missouri's VOC rule 10 CSR 10-5.455 into Missouri's SIP, as 
EPA believes that this rule satisfies RACT for the Missouri portion of 
the St. Louis nonattainment area for Industrial Cleaning Solvents. EPA 
also believes that this rule satisfies the requirements of the 
conditional approval of Missouri's VOC RACT SIP referenced above. This 
final action means that the Missouri SIP meets all of the applicable 
VOC RACT requirements for St. Louis under section 182(b)(2) of the Act, 
as they relate to the 1997 ozone NAAQS.

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 
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 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 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 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 7, 2014. 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

    Environmental protection, Air pollution control, Incorporation by

[[Page 582]]

reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: December 12, 2013.
Karl Brooks,
Regional Administrator, Region 7.

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

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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. Amend Sec.  52.1320 by:
0
a. Revising in paragraph (c) the entry for ``10-5.455'';
0
b. Revising paragraph (e)(55).
    The revisions read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
                                                            State
        Missouri citation                  Title          effective     EPA approval date        Explanation
                                                             date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
10-5.455.........................  Control of Emissions   08/30/2011  1/6/2014 [insert      ....................
                                    from Industrial                    Federal Register
                                    Solvent Cleaning                   page number where
                                    Operations.                        the document
                                                                       begins].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

                               EPA-Approved Missouri Nonregulatory SIP Provisions
----------------------------------------------------------------------------------------------------------------
                                        Applicable          State
    Name of non-regulatory SIP         geographic or      submittal     EPA approval date        Explanation
             revision               nonattainment area       date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(55) VOC RACT Requirements for     St. Louis...........   1/17/2007,  1/23/2012, 77 FR      ....................
 the 8-hour ozone NAAQS.                                  6/01/2011,   3144 1/6/2014
                                                           8/30/2011   [insert Federal
                                                                       Register page
                                                                       number where the
                                                                       document begins].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2013-31566 Filed 1-3-14; 8:45 am]
BILLING CODE 6560-50-P