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Approval and Promulgation of Implementation Plans; State of Missouri
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Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: May 18, 2000 (Volume 65, Number 97)]
[Rules and Regulations]
[Page 31489-31492]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18my00-11]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region 7 Tracking No. MO 101-1101; FRL-6701-4]
Approval and Promulgation of Implementation Plans; State of
Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is taking final action to approve a set of volatile
organic compound (VOC) rules for the St. Louis, Missouri, nonattainment
area. These rules are intended to satisfy the reasonably available
control technology (RACT) requirements of section 182(b)(2) of the
Clean Air Act (Act) Amendments of 1990. The VOC reductions achieved by
the implementation of these rules will be accounted for in the 15%
Rate-of-Progress Plan (ROPP) and the attainment demonstration for the
St. Louis nonattainment area as required in section 182(b)(1)(A) of the
Act. EPA is addressing the reductions as part of the 15% ROPP and the
attainment demonstration in separate rulemaking actions.
DATES: This rule is effective on June 19, 2000.
ADDRESSES: Copies of the state submittals are available at the
following address for inspection during normal business hours:
Environmental Protection Agency, Air Planning and Development Branch,
901 North 5th Street, Kansas City, Kansas 66101.
FOR FURTHER INFORMATION CONTACT: Kim Johnson at (913) 551-7975.
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 action?
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
EPA 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?
VOC emissions combine with nitrogen oxide emissions on hot, sunny
days to form ground level ozone, commonly known as smog. The purpose of
the following rules is to establish RACT requirements for major sources
of VOC emissions to help reduce ozone concentrations in the St. Louis
ozone nonattainment area. The St. Louis ozone nonattainment area
includes Franklin, Jefferson, St. Charles, and St. Louis counties, and
St. Louis City in Missouri.
We are taking final action to approve as an amendment to the
Missouri SIP the following rules:
10 CSR 10-5.220 Control of Petroleum Liquid Storage, Loading, and
Transfer
Missouri has updated its existing rule 10 CSR 10-5.220 to improve
the clarity of the regulation and generally strengthen the SIP. This
rule restricts VOC emissions from the handling of petroleum liquids in
five specific areas.
[[Page 31490]]
These areas include petroleum storage tanks with a capacity greater
than 40,000 gallons, the loading of gasoline into delivery vessels, the
transfer of gasoline from delivery vessels into storage containers,
gasoline delivery vessels, and the fueling of motor vehicles from
storage containers.
10 CSR 10-5.295 Control of Emissions From Aerospace Manufacture and
Rework Facilities
This new rule requires all aerospace manufacture and rework
facilities in the St. Louis nonattainment area, which emit greater than
25 tons per year, to use low VOC coatings and cleaning solvents.
10 CSR 10-5.500 Control of Emissions From Volatile Organic Liquid
Storage
This rule limits the VOC emissions from installations storing large
volumes of volatile organic liquids. The control requirements apply to
all 40,000 gallon or larger volatile organic liquid storage containers
storing liquid with a maximum true vapor pressure of one-half pound per
square inch or greater.
10 CSR 10-5.520 Control of Volatile Organic Compound Emissions From
Existing Major Sources
This new rule requires major facilities that are not regulated by
current category-specific RACT regulations to conduct a RACT study and
implement the RACT level controls defined by the study as approved by
Missouri. Major facilities are defined as having the potential to emit
100 tons per year or more of VOCs.
10 CSR 10-5.530 Control of Volatile Organic Compound Emissions From
Wood Furniture Manufacturing Operations
This rule limits the VOC emissions from wood furniture
manufacturing operations that have the potential to emit equal to or
greater than 25 tons per year of VOC emissions.
10 CSR 10-5.540 Control of Emissions From Batch Process Operations
This rule establishes RACT controls to limit the VOC emissions from
batch process operations. The control requirements apply to batch
operation sources that have the potential to emit equal to or greater
than 100 tons per year of VOC emissions and that are identified by one
of seven different four digit standard industrial classification codes
under the chemical manufacturing category.
10 CSR 10-5.550 Control of Volatile Organic Compound Emissions From
Reactor Processes and Distillation Operations Processes in the
Synthetic Organic Chemical Manufacturing Industry
This new rule implements RACT control of VOC emissions from the
synthetic organic chemical manufacturing industry. Specifically, this
rule requires RACT for control of VOC emissions from any vent stream
originating from a process unit in which a reactor process or
distillation operation is located.
Summary
These new VOC RACT rules are consistent with Federal regulations
and are consistent with the appropriate EPA control techniques
guidelines or alternative control techniques documents. The rules
contain enforceable emission limits, appropriate compliance methods,
require recordkeeping to determine compliance, and meet all applicable
enforceability requirements.
No comments were received in response to the public comment period
regarding this rule action.
For more background information and a more detailed description of
EPA's rationale for approval, the reader is referred to the proposal
for this rulemaking published on February 17, 2000, at 65 FR 8094.
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 and Part D of Title I of the Act.
What Action Is EPA Taking?
We are taking final action to approve as an amendment to the
Missouri SIP the following rules applicable to the St. Louis
nonattainment area:
10 CSR 10-5.220 Control of Petroleum Liquid Storage, Loading, and
Transfer
10 CSR 10-5.295 Control of Emissions From Aerospace Manufacture and
Rework Facilities
10 CSR 10-5.500 Control of Emissions from Volatile Organic Liquid
Storage
10 CSR 10-5.520 Control of Volatile Organic Compound Emissions From
Existing Major Sources
10 CSR 10-5.530 Control of Volatile Organic Compound Emissions From
Wood Furniture Manufacturing Operations
10 CSR 10-5.540 Control of Emissions from Batch Process Operations
10 CSR 10-5.550 Control of Volatile Organic Compound Emissions From
Reactor Processes and Distillation Operations Processes in the
Synthetic Organic Chemical Manufacturing Industry
These rules will reduce VOC emissions in the St. Louis area and
meet the RACT requirements of section 182(b)(2) of the Act as amended
in 1990.
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 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, our 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), we have no authority
[[Page 31491]]
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, we have 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. section 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. We 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 July 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.
Dated: May 2, 2000
Dennis Grams,
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), Chapter 5, revising the entry for
``10-5.220'';
b. In the table to paragraph (c), Chapter 5, adding in numerical
order entries ``10-5.295,'' ``10-5.500,'' ``10-5.520,'' ``10-5.530,''
``10-5.540,'' and ``10-5.550.''
The revision and additions read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Missouri Regulations
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State effective
Missouri citation Title date EPA approval date Explanation
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Missouri Department of Natural Resources
* * * * * *
*
Chapter 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
* * * * * *
*
10-5.220...................... Control of Petroleum August 30, 1999.. May 18, 2000.....
Liquid Storage,
Loading, and Transfer.
* * * * * *
*
10-5.295...................... Control of Emissions February 29, 2000 May 18, 2000.....
From Aerospace
Manufacturing and
Rework Facilities.
* * * * * *
*
10-5.500...................... Control of Emissions February 29, 2000 May 18, 2000.....
From Volatile Organic
Liquid Storage.
10-5.520...................... Control of Volatile February 29, 2000 May 18, 2000.....
Organic Compound
Emissions From
Existing Major
Sources.
10-5.530...................... Control of Volatile February 29, 2000 May 18, 2000.....
Organic Compound
Emissions From Wood
Furniture
Manufacturing
Operations.
10-5.540...................... Control of Emissions February 29, 2000 May 18, 2000.....
From Batch Process
Operations.
10-5.550...................... Control of Volatile February 29, 2000 May 18, 2000.....
Organic Compound
Emissions From
Reactor Processes and
Distillation
Operations Processes
in the Synthetic
Organic Chemical
Manufacturing
Industry.
[[Page 31492]]
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[FR Doc. 00-12384 Filed 5-17-00; 8:45am]
BILLING CODE 6560-50-P