580 Federal Register / Vol. 79, No. 3 / Monday, January 6, 2014 / Rules and Regulations 

EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued 

State citation Title/subject 

State 

approval/ 

submittal 

date 

EPA approval date Explanation 

Section 116.787 ............ Amendments and Alterations of Permits Issued 

Under this Division.

5/22/02 1/6/14 ...........................

[Insert FR page number where document 

begins].

Section 116.788 ............ Renewal of Permits Issued Under this Division 5/22/02 1/6/14 ...........................

[Insert FR page number where document 

begins].

Section 116.790 ............ Delegation .......................................................... 5/22/02 1/6/14 ...........................

[Insert FR page number where document 

begins].

* * * * * * * 

Subchapter I—Electric Generating Facility Permits 

* * * * * * * 

Section 116.919 ............ Additional Requirements for Grandfathered 

Electric Generating Facility Permit Applications.

8/21/02 1/6/14 ...........................

[Insert FR page number where document 

begins].

* * * * * * * 

* * * * * 

[FR Doc. 2013–31560 Filed 1–3–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2012–0767; FRL–9905–03– 

Region 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: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action 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 taking final action 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: This final rule is effective 

February 5, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R07–OAR– 

2012–0767. All documents in the docket 

are listed on the http://

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. 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 Air Planning and Development 

Branch, Air and Waste Management 

Division, U.S. Environmental Protection 

Agency Region 7, 11201 Renner 

Boulevard, Lenexa, Kansas 66219. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., 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: 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: 

I. What action is EPA taking in this final 

rule? 

II. What is the background for the approvals 

by EPA in this final rule? 

III. EPA’s Final Action 

I. What action is EPA taking in this 

final rule? 

EPA is taking final action 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 


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Federal Register / Vol. 79, No. 3 / Monday, January 6, 2014 / Rules and Regulations 581 

1The St. Louis metropolitan area was also 

recently designated as a ‘‘marginal’’ nonattainment 

area for the 2008 ozone NAAQS. 

2For 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). 

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 taking final action 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 taking final action to approve 

this revision because it meets the 

requirements of the conditional 

approval EPA issued on January 10, 

2012. See 77 FR 3144 (January 23, 

2012). 

II. What is the background for the 

approvals by EPA in this final rule? 

This section briefly summarizes the 

background for today’s final action. 

More detailed discussion of the 

statutory and regulatory background can 

be found in the preamble to the 

proposal for this rulemaking. See 78 FR 

at 45112–45114 (July 26, 2013). No 

comments were received on the 

proposed rulemaking. 

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 (as well 

as four counties in Illinois), 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) of the CAA requires 

states to submit SIP revisions to EPA 

that require sources of VOCs in the 

nonattainment area that are subject to a 

CTG issued by EPA, and all other major 

stationary sources,2 to implement 

RACT. 

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. 

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, 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. EPA’s Final Action 

In this rulemaking, EPA is taking final 

action 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 final action 

means 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. 

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 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by March 7, 2014. 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).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 


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582 Federal Register / Vol. 79, No. 3 / Monday, January 6, 2014 / Rules and Regulations 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: December 12, 2013. 

Karl Brooks, 

Regional Administrator, Region 7. 

Chapter I, title 40 of the Code of 

Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart AA—Missouri 

■ 2. Amend § 52.1320 by: 

■ a. Revising in paragraph (c) the entry 

for ‘‘10–5.455’’; 

■ b. Revising paragraph (e)(55). 

The revisions read as follows: 

§ 52.1320 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED MISSOURI REGULATIONS

Missouri citation Title 

State 

effective 

date 

EPA approval date Explanation 

* * * * * * * 

10–5.455 .......................................... Control of Emissions from Industrial 

Solvent Cleaning Operations.

08/30/2011 1/6/2014 [insert Federal Register 

page number where the document begins].

* * * * * * * 

* * * * * (e) * * * 

EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS

Name of non-regulatory SIP revision Applicable geographic or nonattainment area 

State submittal date EPA approval date Explanation 

* * * * * * * 

(55) VOC RACT Requirements for 

the 8-hour ozone NAAQS.

St. Louis ........................................... 1/17/2007, 

6/01/2011, 

8/30/2011 

1/23/2012, 77 FR 3144 1/6/2014 

[insert Federal Register page 

number where the document begins].

* * * * * * * 

* * * * * 

[FR Doc. 2013–31566 Filed 1–3–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2012–0874; FRL–9904–57] 

Dimethyl Esters of Glutaric Acid (i.e., 

Dimethyl Glutarate), Succinic Acid (i.e., 

Dimethyl Succinate), and Adipic Acid 

(i.e., Dimethyl Adipate); Exemption 

From the Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of dimethyl esters 

of glutaric acid (i.e., dimethyl glutarate), 

succinic acid (i.e., dimethyl succinate), 

and adipic acid (i.e., dimethyl adipate), 

herein referred to as DMEGSA, when 

used as inert ingredients (as solvents/cosolvents) in pesticide formulations 

applied to growing crops and raw 

agricultural commodities after harvest. 

SciReg, Inc., on behalf of Rhodia, Inc., 

submitted a petition to EPA under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), requesting establishment of an 

exemption from the requirement of a 

tolerance. This regulation eliminates the 

need to establish a maximum 

permissible level for residues of 

DMEGSA. 

DATES: This regulation is effective 

January 6, 2014. Objections and requests 

for hearings must be received on or 

before March 7, 2014, and must be filed 

in accordance with the instructions 

provided in 40 CFR Part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2012–0874, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), EPA West 

Bldg., Rm. 3334, 1301 Constitution Ave. 

NW., Washington, DC 20460–0001. The 

Public Reading Room is open from 8:30 

a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: Lois 

Rossi, Registration Division (7505P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–7090; email address: 

RDFRNotices@epa.gov 

SUPPLEMENTARY INFORMATION: 


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