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