
[Federal Register Volume 78, Number 144 (Friday, July 26, 2013)]
[Proposed Rules]
[Pages 45112-45114]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18056]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2012-0767; FRL-9838-7]


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: Proposed rule.

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SUMMARY: EPA is proposing 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 proposing 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: Comments must be received on or before August 26, 2013.

ADDRESSES: Submit your comments identified by Docket ID No. EPA-R07-
OAR-2012-0767, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: kemp.lachala@epa.gov.
    3. Mail or Hand Delivery or Courier: Lachala Kemp, Air Planning and 
Development Branch, Environmental Protection Agency Region 7, 11201 
Renner Boulevard, Lenexa, Kansas 66219.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2012-0767. 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://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 information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or email. 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 email comment directly to EPA without 
going through www.regulations.gov, your email 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, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the U.S. Environmental 
Protection Agency Region 7, 11201 Renner Boulevard, Lenexa, Kansas 
66219, from 8 a.m. to 4:30 p.m., Monday through Friday, excluding 
Federal holidays. EPA requests that you contact the person listed in 
the FOR FURTHER INFORMATION CONTACT section to schedule your 
inspection. 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: kemp.lachala@epa.gov.

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

Table of Contents

I. What action is EPA proposing?
II. Statutory and Regulatory Background
III. Summary of Missouri's SIP Revision
IV. EPA's Proposed Action
V. Statutory and Executive Order Reviews

I. What action is EPA proposing?

    EPA is proposing 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 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 proposing 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 proposing to approve this revision because it 
meets the requirements of the conditional approval the EPA issued on 
January 10, 2012. See 77 FR 3144 (January 23, 2012).

II. Statutory and Regulatory Background

    CAA section 172(c)(1) requires that SIPs for nonattainment areas 
``provide for the implementation of all reasonably available control 
measures as expeditiously as practicable (including such reductions in 
emissions from existing sources in the area as may be obtained through 
the adoption, at a minimum, of reasonably available control technology) 
and shall provide for attainment of the national primary ambient air 
quality standards.'' 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--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) requires states to submit SIP 
revisions to EPA that require sources of VOCs that are subject to a CTG 
issued by EPA, and

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all other major stationary sources,\2\ in the nonattainment area to 
implement RACT.
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    \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).
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    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. See 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, at 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. Summary of Missouri's SIP Revision

    On January 10, 2012, EPA took final action to conditionally approve 
a 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. 
See 77 FR 3144 (January 23, 2012). As part of that action, EPA also 
approved several VOC rules adopted by Missouri and submitted to EPA in 
a letter dated August 16, 2011. All of these rules addressed VOC RACT 
requirements for sources in categories for which EPA issued CTGs during 
2006-2008. However, in August 2011, Missouri did not submit a RACT rule 
for inclusion into the Missouri SIP to address one CTG: Solvent Cleanup 
Operations. Based on Missouri's commitment to submit a rule for 
inclusion into the SIP to address this remaining CTG by December 31, 
2012, EPA conditionally approved the Missouri SIP revisions that 
address the requirements of RACT.
    On May 4, 2012, the Missouri Department of Natural Resources (MDNR) 
submitted to EPA a proposed SIP revision demonstrating compliance with 
the RACT requirements set forth by the CAA under the 8-hour ozone 
NAAQS. This submittal addressed source categories for Industrial 
Cleaning Solvents, a new CTG issued by EPA on October 5, 2006, for 
which states were required to address by October 5, 2007 (71 FR 
58745).\3\
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    \3\ Under section 183(b), EPA is required to periodically review 
and, as necessary, update CTGs.
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    This revision will ensure that the requirements of this CTG will be 
incorporated into the VOC RACT rules for the St. Louis moderate ozone 
nonattainment area. EPA has reviewed this new VOC rule revision with 
respect to the RACT requirements and the recommendations in the new CTG 
and proposes to find that this revision meets RACT. Moreover, this rule 
is designed to fulfill the requirements of EPA's conditional approval 
of Missouri's VOC RACT SIP. A brief description of the VOC rule that is 
proposed for approval in this action is provided below.

10 CSR 10-5.455 Control of Emissions From Industrial Solvent Cleaning 
Operations

    This rule is intended to reduce the VOC emissions from industrial 
cleaning operations that use organic solvents. The rule amendment 
adopted by Missouri on April 28, 2011, and submitted to EPA for 
inclusion into the Missouri SIP lowered the allowable emissions 
threshold for volatile organic compounds released per day from the use, 
storage and disposal of industrial cleaning solvents, and added 
requirements for facilities that exceed the applicability threshold. 
The rule amendment adopted by Missouri on February 2, 2012, 
incorporated equipment cleaning work practices as a compliance option 
for manufacturers of coatings, inks and resins. EPA believes that these 
changes make the limits consistent with the recommendations in the 
Federal CTG for this source category.
    As discussed above, EPA published a final rulemaking which approved 
Missouri's submittal with respect to several other VOC rules to address 
RACT requirements. See 77 FR 3144. Therefore, today's action only 
addresses the Industrial Cleaning Solvents source category. This 
proposal does not reopen any other aspect of Missouri's VOC RACT SIP.

IV. EPA's Proposed Action

    In today's action, EPA is proposing 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 action, if 
final, would mean 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.

V. 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

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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.

List of Subjects in 40 CFR Part 52

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

    Dated: July 8, 2013.
Karl Brooks,
Regional Administrator, Region 7.
[FR Doc. 2013-18056 Filed 7-25-13; 8:45 am]
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