Approval and Promulgation of Implementation Plans; State of Missouri

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: February 17, 2000 (Volume 65, Number 33)]
[Rules and Regulations]
[Page 8060-8064]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17fe00-27]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MO 092-1092; FRL-6528-7]

Approval and Promulgation of Implementation Plans; State of
Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is announcing it is approving an amendment to the Missouri
State Implementation Plan (SIP). EPA is approving volatile organic
compound (VOC) rules which are applicable to the St. Louis
nonattainment area. These rules constitute part of the St. Louis 15%
Rate-of-Progress Plan (15% Plan) and were proposed for approval in the
March 18, 1996, and July 2, 1997, Federal Register. EPA is also
approving the Missouri 1990 Base Year Emissions Inventory for the St.
Louis area. The Inventory was proposed for approval in the March 18,
1996, Federal Register.

EFFECTIVE DATE: This rule will be effective March 20, 2000.

ADDRESSES: Copies of the state submittal(s) are available at the
following addresses for inspection during normal business hours:
Environmental Protection Agency, Air Planning and Development Branch,
901 North 5th Street, Kansas City, Kansas 66101; and the Environmental
Protection Agency, Air and Radiation Docket and Information Center, Air
Docket (6102), 401 M Street, S.W., Washington, D.C. 20460.

FOR FURTHER INFORMATION CONTACT: Wayne Kaiser at (913) 551-7603.

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?

[[Page 8061]]

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 us. 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 us
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
the CAA.

What Is Being Addressed in This Document?

On March 18, 1996, we proposed to approve a number of VOC rules
submitted by the state of Missouri to meet the St. Louis 15% Plan
requirements of section 182(b)(1)(A) of the CAA (61 FR 10968). We
subsequently reproposed approval of two of the VOC rules on July 2,
1997 (62 FR 35756).
In the March 18, 1996, Federal Register notice, we also proposed to
approve Missouri's 1990 Base Year Emissions Inventory for the St. Louis
nonattainment area. We also proposed to disapprove the state's 15% Plan
because it did not contain sufficient measures to achieve the required
15% reduction in VOC emissions. Due to significant revisions to the 15%
Plan and resubmittal by the state, we are reproposing action on the 15%
Plan in a separate Federal Register notice published in today's Federal
Register.
This Federal Register notice takes final action to fully approve
the VOC rules (with exceptions noted below) and the 1990 Base Year
Emissions Inventory which were proposed for approval in the two Federal
Register notices cited above.

Action on VOC Rules

1. Open Burning Restrictions, Missouri Rule 10 CSR 10-5.070.
There were no comments received during the public comment period.
The state effective date of this rule is January 29, 1995.
2. Control of Emissions from Bakery Ovens, Missouri Rule 10 CSR 10-
5.440.
We did not receive any comments on this rule during the public
comment period. However, as stated in the proposal, we noted that the
rule did not specify a reference method for determining compliance. The
state subsequently revised the rule to satisfactorily address this
deficiency. The revised rule was submitted to us on March 12, 1997.
Consequently, we are fully approving the revised rule. The state
effective date of this rule is December 30, 1996.
3. Control of Emissions from Offset Lithographic Printing, Missouri
Rule 10-5.442.
There were no comments received during the public comment period.
The state effective date of this rule is May 28, 1995.
4. Control of VOC Emissions from Traffic Coatings, Missouri Rule 10
CSR 10-5.450.
There were no comments received during the public comment period.
The state effective date for this rule is May 28, 1995.
5. Control of Emissions from Aluminum Foil Rolling, Missouri Rule
10 CSR 10-5.451.
We did not receive any comments on this rule during the public
comment period. The state effective date of this rule is November 30,
1995.
6. Control of Emission from Solvent Cleanup Operations, Missouri
Rule 10 CSR 10-5.455.
There were no comments received during the public comment period.
However, we had proposed to condition its approval in the March 18,
1996, notice on the state revising the rule to delete an operating
option which did not require an equivalent emission reduction, and did
not provide standards for determining an acceptable alternative
emission reduction.
The state subsequently revised the rule to delete the option noted
above. The revised rule was submitted to us on March 6, 1997. Because
the revision corrects the deficiency noted in the proposal, we are
fully approving the revised rule in the Missouri SIP. The state
effective date for this rule is February 28, 1997.
7. Control of Emissions from Municipal Solid Waste Landfills,
Missouri Rule 10 CSR 10-5.490.
At the time of the proposed notice, the state had only a draft
landfill rule for our review and for use in determining emission
reductions in the 15% Plan. The state subsequently adopted a final
landfill rule for the St. Louis area and submitted it to us on February
24, 1997. We subsequently proposed to approve the rule in a Federal
Register notice dated July 2, 1997. There were no comments received
during the public comment period. The state effective date for this
rule is December 30, 1996.

Action on Base Year Inventory

In the March 18, 1996, Federal Register notice, we proposed
approval of the state's 1990 Base Year Emissions Inventory. Although
the inventory fulfills a separate CAA requirement, it is also used as a
basis for development of the 15% Plan. No comments were received on
this proposal during the public comment period. Therefore, we are
taking final action to approve the 1990 Base Year Emissions Inventory
submitted to us on January 20, 1995.

[[Page 8062]]

Other Rules

In the March 18, 1996, Federal Register notice, we also proposed to
approve two additional rules, which we are not acting on in today's
notice:
Rule 10 CSR 10-5.443, Control of Gasoline Reid Vapor Pressure
(RVP). Since the March 18, 1996, proposal, the state has requested to
opt in to the Federal reformulated gasoline program, and EPA approved
the state's request on March 3, 1999 (see 64 FR 10366). This program
will cut VOC emissions by an additional 5.53 tons/day over those
achieved by the state rule and thus exceed the emissions reductions
projected in the 15% Plan. The state intends to rescind the St. Louis
RVP rule in the near future, since it no longer serves any purpose with
respect to the 15% Plan. Therefore, we are taking no action on this
rule.
Rule 10 CSR 10-5.220, Control of Petroleum Liquid Storage, Loading
and Transfer. Since the March 18, 1996, proposal, the state has revised
and resubmitted this rule, which requires Stage I and Stage II vapor
recovery equipment for petroleum facilities in the St. Louis
nonattainment area. Therefore, we will repropose action on this rule in
a separate Federal Register notice.

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

The state submittals have met the public notice requirements for
SIP submissions in accordance with 40 CFR section 51.102. The
submittals 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 (TSD) which is part of this document, the
revision meets the substantive SIP requirements of the CAA, including
section 110 and implementing regulations. Additional background
information and our rationale for approval of the rules are also
included in the March 18, 1996, and July 2, 1997, Federal Register
notices and related TSDs.

What Action Is EPA Taking?

EPA is taking final action to approve VOC rules and the Base Year
Emissions Inventory submitted by Missouri to meet the requirements of
section 182(b) of the Act. The VOC rules strengthen the SIP by
obtaining needed reductions in VOC emissions, and the emissions
inventory forms the baseline for achieving the required 15% reductions
in VOC emissions.

Conclusion

EPA is approving an amendment to the Missouri SIP which includes
VOC rules and the 1990 Base Year Emissions Inventory for the St. Louis
nonattainment area.

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 Clean Air Act (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, 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. As required by section 3 of
Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this
rule, EPA has 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. 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 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 April 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.

[[Page 8063]]

Dated: January 13, 2000.
Nat Scurry,
Acting 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), under Chapter 5, revising the
entry ``10-5.070'';
b. In the table to paragraph (c), under Chapter 5, adding in
numerical order entries ``10-5.440,'' ``10-5.442,'' ``10-5.450,'' ``10-
5.451,'' ``10-5.455,'' and ``10-5.490'';
c. In the table to paragraph (e), under Chapter 5, adding the entry
``1990 Base Year Inventory'' to the end of the table.
The revisions and additions 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
----------------------------------------------------------------------------------------------------------------
Missouri Department of Natural Resources

* * * * * *
*
Chapter 5''Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area

* * * * * *
*
10-5.070 Open Burning Restrictions 01/29/95 [insert FR cite and date
of publication].

* * * * * *
*
10-5.440 Control of Emissions from 12/30/96 [insert FR cite and date
Bakery Ovens. of publication].
10-5.442 Control of Emissions from 05/28/95 [insert FR cite and date
Offset Lithographic of publication].
Printing Operations.
10-5.450 Control of VOC Emissions 05/28/95 [insert FR cite and date
from Traffic Coatings. of publication].
10-5.451 Control of Emissions from 11/30/95 [insert FR cite and date
Aluminum Foil Rolling. of publication].
10-5.455 Control of Emission from 02/28/97 [insert FR cite and date
Solvent Cleaning of publication].
Operations.
*
* *
*
*
*
*

10-5.490 Municipal Solid Waste 12/30/96 [insert FR cite and date
Landfills. of publication].

* * * * * *
*
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* * * * *
(e) * * *

Applicable geographic or
Name of non-regulatory SIP provision nonattainment area State submittal date EPA approval date Explanation

* * * * * * *
1990 Base Year Inventory............ St. Louis.................. 01/20/95 [insert date of publication
and FR cite].

[[Page 8064]]

[FR Doc. 00-3469 Filed 2-16-00; 8:45 am]
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Approval and Promulgation of Implementation Plans; State of Missouri

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