Approval and Promulgation of Implementation Plans; State of Missouri, 35074-35077 [E8-13755]
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35074
Federal Register / Vol. 73, No. 120 / Friday, June 20, 2008 / Rules and Regulations
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
1. The authority citation for part 52
continues to read as follows:
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§ 52.1320
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Authority: 42 U.S.C. 7401 et seq.
Dated: June 9, 2008.
John B. Askew,
Regional Administrator, Region 7.
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revising the entry for 10–6.260 to read
as follows:
PART 52—[AMENDED]
Subpart AA—Missouri
Identification of plan.
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(c) * * *
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2. In § 52.1320 the table in paragraph
(c) is amended under Chapter 6 by
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40 CFR part 52 is amended as follows:
EPA-APPROVED MISSOURI REGULATIONS
Missouri citation
State effective
date
Title
EPA approval date
Explanation
Missouri Department of Natural Resources
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Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of
Missouri
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10–6.260 ......................................
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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
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
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AGENCY:
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 Federallyapproved rules.
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6/20/08 [insert FR page
number where the document begins].
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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. https://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 AlgoeEakin, 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 https://
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 https://
DATES:
BILLING CODE 6560–50–P
15:25 Jun 19, 2008
2/29/08
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[FR Doc. E8–13838 Filed 6–19–08; 8:45 am]
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Restriction of Emission of Sulfur
Compounds.
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Section (3)(B) is not SIP
approved.
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www.regulations.gov or e-mail
information that you consider to be CBI
or otherwise protected. The https://
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 https://
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
https://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.
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Federal Register / Vol. 73, No. 120 / Friday, June 20, 2008 / Rules and Regulations
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 https://
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?
dwashington3 on PRODPC61 with RULES
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 federallyenforceable SIP, states must formally
adopt the regulations and control
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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 stateauthorized 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.
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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
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35076
Federal Register / Vol. 73, No. 120 / Friday, June 20, 2008 / Rules and Regulations
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.
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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
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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).)
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35077
Federal Register / Vol. 73, No. 120 / Friday, June 20, 2008 / Rules and Regulations
Dated: June 9, 2008.
John B. Askew,
Regional Administrator, Region 7.
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.
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Subpart AA—Missouri
2. In § 52.1320(c) the table is amended
under Chapter 2 by revising the entry
for 10–2.210 to read as follows:
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40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
§ 52.1320
1. The authority citation for part 52
continues to read as follows:
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Authority: 42 U.S.C. 7401 et. seq.
Identification of plan.
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(c) * * *
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EPA-APPROVED MISSOURI REGULATIONS
Missouri
citation
State effective
date
Title
EPA approval date
Explanation
Missouri Department of Natural Resources
Chapter 2—Air Quality Standards and Air Pollution Control Regulations for the Kansas City Metropolitan Area
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Control of Emissions From Solvent Metal Cleaning.
10–2.210
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[FR Doc. E8–13755 Filed 6–19–08; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 65
[Docket No. FEMA–B–7788]
Changes in Flood Elevation
Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Interim rule.
dwashington3 on PRODPC61 with RULES
AGENCY:
SUMMARY: This interim rule lists
communities where modification of the
Base (1% annual-chance) Flood
Elevations (BFEs) is appropriate because
of new scientific or technical data. New
flood insurance premium rates will be
calculated from the modified BFEs for
new buildings and their contents.
DATES: These modified BFEs are
currently in effect on the dates listed in
the table below and revise the Flood
Insurance Rate Maps (FIRMs) in effect
prior to this determination for the listed
communities.
From the date of the second
publication of these changes in a
newspaper of local circulation, any
person has ninety (90) days in which to
request through the community that the
Mitigation Assistant Administrator of
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06/20/08 [insert FR page number where the
document begins].
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FEMA reconsider the changes. The
modified BFEs may be changed during
the 90-day period.
ADDRESSES: The modified BFEs for each
community are available for inspection
at the office of the Chief Executive
Officer of each community. The
respective addresses are listed in the
table below.
FOR FURTHER INFORMATION CONTACT:
William R. Blanton, Jr., Engineering
Management Branch, Mitigation
Directorate, Federal Emergency
Management Agency, 500 C Street, SW.,
Washington, DC 20472, (202) 646–3151.
SUPPLEMENTARY INFORMATION: The
modified BFEs are not listed for each
community in this interim rule.
However, the address of the Chief
Executive Officer of the community
where the modified BFE determinations
are available for inspection is provided.
Any request for reconsideration must
be based on knowledge of changed
conditions or new scientific or technical
data.
The modifications are made pursuant
to section 201 of the Flood Disaster
Protection Act of 1973, 42 U.S.C. 4105,
and are in accordance with the National
Flood Insurance Act of 1968, 42 U.S.C.
4001 et seq., and with 44 CFR part 65.
For rating purposes, the currently
effective community number is shown
and must be used for all new policies
and renewals.
The modified BFEs are the basis for
the floodplain management measures
that the community is required to either
adopt or to show evidence of being
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already in effect in order to qualify or
to remain qualified for participation in
the National Flood Insurance Program
(NFIP).
These modified BFEs, together with
the floodplain management criteria
required by 44 CFR 60.3, are the
minimum that are required. They
should not be construed to mean that
the community must change any
existing ordinances that are more
stringent in their floodplain
management requirements. The
community may at any time enact
stricter requirements of its own, or
pursuant to policies established by the
other Federal, State, or regional entities.
The changed BFEs are in accordance
with 44 CFR 65.4.
National Environmental Policy Act.
This interim rule is categorically
excluded from the requirements of 44
CFR part 10, Environmental
Consideration. An environmental
impact assessment has not been
prepared.
Regulatory Flexibility Act. As flood
elevation determinations are not within
the scope of the Regulatory Flexibility
Act, 5 U.S.C. 601–612, a regulatory
flexibility analysis is not required.
Regulatory Classification. This
interim rule is not a significant
regulatory action under the criteria of
section 3(f) of Executive Order 12866 of
September 30, 1993, Regulatory
Planning and Review, 58 FR 51735.
Executive Order 13132, Federalism.
This interim rule involves no policies
that have federalism implications under
Executive Order 13132, Federalism.
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]]>Agencies
[Federal Register Volume 73, Number 120 (Friday, June 20, 2008)]
[Rules and Regulations]
[Pages 35074-35077]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13755]
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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. https://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
https://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 https://
www.regulations.gov or e-mail information that you consider to be CBI
or otherwise protected. The https://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 https://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
https://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 https://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
----------------------------------------------------------------------------------------------------------------
Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------
Chapter 2--Air Quality Standards and Air Pollution Control Regulations for the Kansas City Metropolitan Area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
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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* * * * * * *
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* * * * *
[FR Doc. E8-13755 Filed 6-19-08; 8:45 am]
BILLING CODE 6560-50-P
