[Federal Register: June 20, 2008 (Volume 73, Number 120)]
[Rules and Regulations]
[Page 35074-35077]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jn08-7]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2008-0392; FRL-8581-9]
Approval and Promulgation of Implementation Plans; State of
Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the state of Missouri to amend the Missouri SIP to include
revisions to the Kansas City Solvent Metal Cleaning rule. The revisions
to this rule include consolidating exemptions in the applicability
section, adding new exemptions, adding definitions of new and
previously undefined terms, and clarifying rule language regarding
operating procedure requirements for spray gun cleaners and air-tight
and airless cleaning systems. This revision will ensure consistency
between the state and the Federally-approved rules.
DATES: This direct final rule will be effective August 19, 2008,
without further notice, unless EPA receives adverse comment by July 21,
2008. If adverse comment is received, EPA will publish a timely
withdrawal of the direct final rule in the Federal Register informing
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2008-0392, by one of the following methods:
1. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
2. E-mail: algoe-eakin.amy@epa.gov.
3. Mail or Hand Delivery: Amy Algoe-Eakin, Environmental Protection
Agency, Air Planning and Development Branch, 901 North 5th Street,
Kansas City, Kansas 66101.
Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2008-0392. 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 through http://
www.regulations.gov or e-mail information that you consider to be CBI
or otherwise protected. 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 e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail 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, i.e., CBI or other information
whose disclosure is restricted by statute.
[[Page 35075]]
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 Environmental
Protection Agency, Air Planning and Development Branch, 901 North 5th
Street, Kansas City, Kansas 66101. The Regional Office's official hours
of business are Monday through Friday, 8 to 4:30 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: Amy Algoe-Eakin at (913) 551-7942, or
by e-mail at algoe-eakin.amy@epa.gov.
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?
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
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 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?
On March 21, 2008, Missouri requested that EPA approve a revision
to the SIP to include changes to Missouri rule 10 CSR 10-2.210, Control
of Emissions From Solvent Metal Cleaning. This rule specifies
equipment, operating procedures, and training requirements for the
reduction of volatile organic compound (VOC) emissions from solvent
metal cleaning operations in the Kansas City, Missouri, metropolitan
area. Generally, the revisions to this rule include: (1) Consolidating
exemptions in the applicability section, (2) adding new exemptions, (3)
adding definitions of new and previously undefined terms, and (4)
clarifying rule language regarding operating procedure requirements for
spray gun cleaners and air-tight and airless cleaning systems.
This rule was included in the reasonably available control
technology (RACT) measures for the Kansas City area approved by EPA in
the Federal Register on April 9, 1980, and effective the same date. The
RACT rules were put into place to meet the nonattainment area (Part D)
requirements of the CAA, and to help attain the National Ambient Air
Quality Standards for ozone in the Kansas City area.
The revisions to the applicability section include revisions to
subsection (1)(C), which describes the processes which use nonaqueous
solvents to clean and remove soils from metal parts which are subject
to this rule, and subsection (1)(D), which lists the solvents which are
exempt from this rule. Subsection (1)(D) consolidates existing
exemptions into one section and adds three new exemptions. The first
new exemption is the exemption of solvent metal cleaning operations
which are regulated under 40 CFR Part 63, Subpart T, the National
Emission Standard for Hazardous Air Pollutants (NESHAP) for Halogenated
Solvent Cleaning which Missouri has incorporated by reference in 10 CSR
10-2.210. The Missouri Department of Natural Resources' Air Pollution
Control Program (MDNR/APCP) states that the solvents used in this
practice are required to comply with the NESHAP for Halogenated Solvent
Cleaning and states that in general the NESHAP for Halogenated Solvent
Cleaning work practices, solvent loss limits, equipment specifications,
and solvent recordkeeping/reporting requirements exceed the
requirements in the existing Missouri solvent metal cleaning rule.
Based on review of Missouri's analysis, we believe Missouri can exempt
this source category from the RACT rule because the NESHAP incorporated
into 10 CSR 10-2.210 is at least as stringent, and sources must comply
with this NESHAP in order to qualify for exemption from the Missouri
RACT rule.
The second and third new exemptions added were for flush cleaning
operations and hand cleaning/wiping operations. These exemptions were
also added because industry conducting these activities are already
regulated by Federal standards in 40 CFR Part 63, Subpart GG, the
NESHAP for Aerospace Manufacturing and Rework Facilities and by
Missouri Rule 10 CSR 10-2.215, Control of Emissions From Solvent
Cleanup Operations. Based on the review of the analyses provided by the
state to justify the rule, we believe that revision of this rule to
exempt these source categories because the NESHAP which has also been
adopted by
[[Page 35076]]
Missouri in 10 CSR 10-6.075 and existing state rule, 10 CSR 10-2.215,
are at least as stringent and sources must comply with both state rules
in order to be exempt from the RACT rule.
The MDNR/APCP also added several new definitions. These definitions
include: (2)(E) Flush cleaning, (2)(I) hand cleaning/wiping operation,
(2)(J) institutional cleaning, (2)(K) janitorial cleaning, (2)(M)
nonaqueous solvent, (2)(N) optical device, (2)(O) soils, and (2)(P)
spray gun cleaner. These definitions were added to provide clarity to
the rule, and Missouri has provided an analysis showing that this
revision will not cause an increase in emissions.
The MDNR/APCP also reorganized the General Provisions section.
Specifically subsection (3)(A) of the rule was reorganized into
subparagraphs for cold cleaners, open-top vapor degreasers,
conveyorized degreasers, and air-tight or airless cleaning systems.
Subsection (3)(B) outlines operating procedures for the four operations
mentioned above. The spray gun cleaner, subparagraph (3)(B)4., and the
air-tight and airless cleaning systems, subparagraph (3)(B)5., were
added to provide more clarity to the rule's application for these two
operations. Subsection (3)(C) was revised to add clarifying language to
the operator and supervisor training portion of this rule, and
subsection (4)(A), reporting and record keeping language, was revised
to require the records to be kept current and made available for review
on a monthly basis.
Missouri has prepared documentation which demonstrates that these
rule revisions will not negatively impact air quality in the Kansas
City area. The demonstration consists of (1) an explanation of the
rationale for the revisions to the rule's format, and (2) an evaluation
of the revisions to the applicability section, definitions section,
general provisions section, the reporting and record keeping section,
and test methods section. The reformatting of the rule makes this rule
consistent with the general format of Missouri air rules.
The rule reformatting does not change any requirements and,
therefore, does not impact emissions. As explained above, the
additional exemptions in the rule do not significantly change the
emissions limits to which the affected sources are subject. In
addition, these rules, as revised, continue to require emissions
reductions previously determined by EPA to represent RACT.
Have the requirements for approval of a SIP revision been met?
The submittal satisfied the completeness criteria of 40 CFR Part
51, Appendix V. In addition, the state submittal has met the public
notice requirements for SIP submission in accordance with 40 CFR 51.102
and met the substantive SIP requirements of the CAA including section
110.
What action is EPA taking?
We are approving the request to amend the Missouri SIP to include
revisions to the Kansas City solvent metal cleaning rule, 10 CSR 10-
2.210, Control of Emissions From Solvent Metal Cleaning.
We are processing this action as a direct final action because the
revisions make routine changes to the existing rules which are
noncontroversial and make regulatory revisions, required by state
statute. Therefore, we do not anticipate any adverse comments. Please
note that if EPA receives adverse comment on part of this rule and if
that part can be severed from the remainder of the rule, EPA may adopt
as final those parts of the rule that are not the subject of an adverse
comment.
Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the CAA 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 19, 2008. 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).)
[[Page 35077]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: June 9, 2008.
John B. Askew,
Regional Administrator, Region 7.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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. In Sec. 52.1320(c) the table is amended under Chapter 2 by revising
the entry for 10-2.210 to 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
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Chapter 2--Air Quality Standards and Air Pollution Control Regulations for the Kansas City Metropolitan Area
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* * * * * * *
10-2.210.......... Control of Emissions From 02/29/08 06/20/08 [insert FR page
Solvent Metal Cleaning. number where the
document begins].
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[FR Doc. E8-13755 Filed 6-19-08; 8:45 am]
BILLING CODE 6560-50-P