Federal Register / Vol. 65, No. 97 / Thursday, May 18, 2000 / Rules and Regulations 31489

(e) * * *

EPA–APPROVED MISSOURI NONREGULATORY SIP PROVISIONS

Name of nonregulatory

SIP provision Applicable geographic or nonattainment area State Submittal date EPA approval date Explanation

*******

15% Rate-of-Progress

Plan.

St. Louis ......................................................... 11/12/99 ..................... May 18, 2000 .............

[FR Doc. 00–12385 Filed 5–17–00; 8:45 am]

BILLING CODE 6560–50–D

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[Region 7 Tracking No. MO 101–1101; FRL–

6701–4]

Approval and Promulgation of

Implementation Plans; State of

Missouri

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is taking final action to

approve a set of volatile organic

compound (VOC) rules for the St. Louis,

Missouri, nonattainment area. These

rules are intended to satisfy the

reasonably available control technology

(RACT) requirements of section

182(b)(2) of the Clean Air Act (Act)

Amendments of 1990. The VOC

reductions achieved by the

implementation of these rules will be

accounted for in the 15% Rate-ofProgress Plan (ROPP) and the

attainment demonstration for the St.

Louis nonattainment area as required in

section 182(b)(1)(A) of the Act. EPA is

addressing the reductions as part of the

15% ROPP and the attainment

demonstration in separate rulemaking

actions.

DATES: This rule is effective on June 19,

2000.

ADDRESSES: Copies of the state

submittals are available at the following

address for inspection during normal

business hours: Environmental

Protection Agency, Air Planning and

Development Branch, 901 North 5th

Street, Kansas City, Kansas 66101.

FOR FURTHER INFORMATION CONTACT: Kim

Johnson at (913) 551–7975.

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 action?

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 EPA

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 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?

VOC emissions combine with

nitrogen oxide emissions on hot, sunny

days to form ground level ozone,

commonly known as smog. The purpose

of the following rules is to establish

RACT requirements for major sources of

VOC emissions to help reduce ozone

concentrations in the St. Louis ozone

nonattainment area. The St. Louis ozone

nonattainment area includes Franklin,

Jefferson, St. Charles, and St. Louis

counties, and St. Louis City in Missouri.

We are taking final action to approve

as an amendment to the Missouri SIP

the following rules:

10 CSR 10–5.220 Control of Petroleum

Liquid Storage, Loading, and Transfer

Missouri has updated its existing rule

10 CSR 10–5.220 to improve the clarity

of the regulation and generally

strengthen the SIP. This rule restricts

VOC emissions from the handling of

petroleum liquids in five specific areas.

31490 Federal Register / Vol. 65, No. 97 / Thursday, May 18, 2000 / Rules and Regulations

These areas include petroleum storage

tanks with a capacity greater than

40,000 gallons, the loading of gasoline

into delivery vessels, the transfer of

gasoline from delivery vessels into

storage containers, gasoline delivery

vessels, and the fueling of motor

vehicles from storage containers.

10 CSR 10–5.295 Control of Emissions

From Aerospace Manufacture and

Rework Facilities

This new rule requires all aerospace

manufacture and rework facilities in the

St. Louis nonattainment area, which

emit greater than 25 tons per year, to use

low VOC coatings and cleaning

solvents.

10 CSR 10–5.500 Control of Emissions

From Volatile Organic Liquid Storage

This rule limits the VOC emissions

from installations storing large volumes

of volatile organic liquids. The control

requirements apply to all 40,000 gallon

or larger volatile organic liquid storage

containers storing liquid with a

maximum true vapor pressure of onehalf pound per square inch or greater.

10 CSR 10–5.520 Control of Volatile

Organic Compound Emissions From

Existing Major Sources

This new rule requires major facilities

that are not regulated by current

category-specific RACT regulations to

conduct a RACT study and implement

the RACT level controls defined by the

study as approved by Missouri. Major

facilities are defined as having the

potential to emit 100 tons per year or

more of VOCs.

10 CSR 10–5.530 Control of Volatile

Organic Compound Emissions From

Wood Furniture Manufacturing

Operations

This rule limits the VOC emissions

from wood furniture manufacturing

operations that have the potential to

emit equal to or greater than 25 tons per

year of VOC emissions.

10 CSR 10–5.540 Control of Emissions

From Batch Process Operations

This rule establishes RACT controls to

limit the VOC emissions from batch

process operations. The control

requirements apply to batch operation

sources that have the potential to emit

equal to or greater than 100 tons per

year of VOC emissions and that are

identified by one of seven different four

digit standard industrial classification

codes under the chemical

manufacturing category.

10 CSR 10–5.550 Control of Volatile

Organic Compound Emissions From

Reactor Processes and Distillation

Operations Processes in the Synthetic

Organic Chemical Manufacturing

Industry

This new rule implements RACT

control of VOC emissions from the

synthetic organic chemical

manufacturing industry. Specifically,

this rule requires RACT for control of

VOC emissions from any vent stream

originating from a process unit in which

a reactor process or distillation

operation is located.

Summary

These new VOC RACT rules are

consistent with Federal regulations and

are consistent with the appropriate EPA

control techniques guidelines or

alternative control techniques

documents. The rules contain

enforceable emission limits, appropriate

compliance methods, require

recordkeeping to determine compliance,

and meet all applicable enforceability

requirements.

No comments were received in

response to the public comment period

regarding this rule action.

For more background information and

a more detailed description of EPA’s

rationale for approval, the reader is

referred to the proposal for this

rulemaking published on February 17,

2000, at 65 FR 8094.

Have the Requirements for Approval of

a SIP Revision Been Met?

The state submittal has met the public

notice requirements for SIP submissions

in accordance with 40 CFR 51.102. The

submittal also satisfied the

completeness criteria of 40 CFR part 51,

Appendix V. In addition, as explained

above and in more detail in the

technical support document which is

part of this document, the revision

meets the substantive SIP requirements

of the CAA, including section 110 and

implementing regulations and Part D of

Title I of the Act.

What Action Is EPA Taking?

We are taking final action to approve

as an amendment to the Missouri SIP

the following rules applicable to the St.

Louis nonattainment area:

10 CSR 10–5.220 Control of Petroleum

Liquid Storage, Loading, and Transfer

10 CSR 10–5.295 Control of Emissions

From Aerospace Manufacture and

Rework Facilities

10 CSR 10–5.500 Control of Emissions

from Volatile Organic Liquid Storage

10 CSR 10–5.520 Control of Volatile

Organic Compound Emissions From

Existing Major Sources

10 CSR 10–5.530 Control of Volatile

Organic Compound Emissions From

Wood Furniture Manufacturing

Operations

10 CSR 10–5.540 Control of Emissions

from Batch Process Operations

10 CSR 10–5.550 Control of Volatile

Organic Compound Emissions From

Reactor Processes and Distillation

Operations Processes in the Synthetic

Organic Chemical Manufacturing

Industry

These rules will reduce VOC

emissions in the St. Louis area and meet

the RACT requirements of section

182(b)(2) of the Act as amended in 1990.

Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’ and

therefore is not subject to review by the

Office of Management and Budget. This

action merely approves state law as

meeting Federal requirements and

imposes no additional requirements

beyond those imposed by state law.

Accordingly, the Administrator certifies

that this rule will not have a significant

economic impact on a substantial

number of small entities under the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.). Because this rule approves

preexisting requirements under state

law and does not impose any additional

enforceable duty beyond that required

by state law, it does not contain any

unfunded mandate or significantly or

uniquely affect small governments, as

described in the Unfunded Mandates

Reform Act of 1995 (Public Law 104–4).

For the same reason, this rule also does

not significantly or uniquely affect the

communities of tribal governments, as

specified by Executive Order 13084 (63

FR 27655, May 10, 1998). This rule will

not have substantial direct effects on the

states, on the relationship between the

national government and the states, or

on the distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132 (64 FR 43255,

August 10, 1999), because it merely

approves a state rule implementing a

Federal standard, and does not alter the

relationship or the distribution of power

and responsibilities established in the

CAA. This rule also is not subject to

Executive Order 13045 (62 FR 19885,

April 23, 1997), because it is not

economically significant.

In reviewing SIP submissions, our

role is to approve state choices,

provided that they meet the criteria of

the CAA. In this context, in the absence

of a prior existing requirement for the

state to use voluntary consensus

standards (VCS), we have no authority

Federal Register / Vol. 65, No. 97 / Thursday, May 18, 2000 / Rules and Regulations 31491

to disapprove a SIP submission for

failure to use VCS. It would thus be

inconsistent with applicable law for

EPA, when it reviews a SIP submission,

to use VCS in place of a SIP submission

that otherwise satisfies the provisions of

the CAA. Thus, the requirements of

section 12(d) of the National

Technology Transfer and Advancement

Act of 1995 (15 U.S.C. 272 note) do not

apply. As required by section 3 of

Executive Order 12988 (61 FR 4729,

February 7, 1996), in issuing this rule,

we have taken the necessary steps to

eliminate drafting errors and ambiguity,

minimize potential litigation, and

provide a clear legal standard for

affected conduct. EPA has complied

with Executive Order 12630 (53 FR

8859, March 15, 1988) by examining the

takings implications of the rule in

accordance with the ‘‘Attorney

General’s Supplemental Guidelines for

the Evaluation of Risk and Avoidance of

Unanticipated Takings’ issued under the

Executive Order. This rule does not

impose an information collection

burden under the provisions of the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

The Congressional Review Act, 5

U.S.C. section 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. We will submit a report

containing this rule and other required

information to the United States Senate,

the United States 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.

section 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 July 17, 2000. Filing a petition

for reconsideration by the Administrator

of this final rule does not affect the

finality of this rule 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 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Lead, Nitrogen dioxide, Ozone,

Particulate matter, Reporting and

recordkeeping requirements, Sulfur

oxides.

Dated: May 2, 2000

Dennis Grams,

Regional Administrator, Region 7.

Chapter I, title 40 of the Code of

Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

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

Subpart AA—Missouri

2. § 52.1320 is amended by:

a. In the table to paragraph (c),

Chapter 5, revising the entry for ‘‘10–

5.220’’;

b. In the table to paragraph (c),

Chapter 5, adding in numerical order

entries ‘‘10–5.295,’’ ‘‘10–5.500,’’ ‘‘10–

5.520,’’ ‘‘10–5.530,’’ ‘‘10–5.540,’’ and

‘‘10–5.550.’’

The revision and additions read as

follows:

§ 52.1320 Identification of plan.

* * * * *

(c) * * *

EPA-APPROVED MISSOURI REGULATIONS

Missouri citation Title State effective date EPA approval date Explanation

Missouri Department of Natural Resources

*******

Chapter 5—Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area

*******

10–5.220 ......................... Control of Petroleum Liquid Storage, Loading,

and Transfer.

August 30, 1999 ........... May 18, 2000.

*******

10–5.295 ......................... Control of Emissions From Aerospace Manufacturing and Rework Facilities.February 29, 2000 ........ May 18, 2000.

*******

10–5.500 ......................... Control of Emissions From Volatile Organic Liquid Storage.February 29, 2000 ........ May 18, 2000.

10–5.520 ......................... Control of Volatile Organic Compound Emissions From Existing Major Sources.February 29, 2000 ........ May 18, 2000.

10–5.530 ......................... Control of Volatile Organic Compound Emissions From Wood Furniture Manufacturing

Operations.

February 29, 2000 ........ May 18, 2000.

10–5.540 ......................... Control of Emissions From Batch Process Operations.February 29, 2000 ........ May 18, 2000.

10–5.550 ......................... Control of Volatile Organic Compound Emissions From Reactor Processes and Distillation

Operations Processes in the Synthetic Organic Chemical Manufacturing Industry.

February 29, 2000 ........ May 18, 2000.

31492 Federal Register / Vol. 65, No. 97 / Thursday, May 18, 2000 / Rules and Regulations

EPA-APPROVED MISSOURI REGULATIONS—Continued

Missouri citation Title State effective date EPA approval date Explanation

*******

[FR Doc. 00–12384 Filed 5–17–00; 8:45am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 228

[FRL–6702–1]

Ocean Dumping: Designation of Site

AGENCY: Environmental Protection

Agency.

ACTION: Final rule.

SUMMARY: The Environmental Protection

Agency (EPA) designates an existing

dredged material disposal site located in

the Gulf of Mexico at the mouth of

Atchafalaya Bay for the continued

disposal of dredged material removed

from the bar channel of the Atchafalaya

River and Bayous Chene, Boeuf, and

Black, Louisiana. This action is

necessary to provide an acceptable

ocean dumping site for current and

future disposal of this material. This

final site designation is for an indefinite

period and is subject to monitoring to

insure that unacceptable adverse

environmental impacts do not occur.

DATES: This rule is effective on June 19,

2000.

ADDRESSES: Monica Young (6WQ–EM),

EPA Region 6, 1445 Ross Avenue,

Dallas, TX 75202–2733.

Information supporting this

designation is available for review at the

following location: EPA, Region 6, 1445

Ross Ave, 9th floor file room, Dallas, TX

75202.

FOR FURTHER INFORMATION CONTACT:

Monica Young 214–665–7349.

SUPPLEMENTARY INFORMATION:

Background

Section 102(c) of the Marine

Protection, Research, and Sanctuaries

Act of 1972 (MPRSA), as amended, (33

U.S.C. 1401 et seq.), gives the

Administrator of EPA the authority to

designate sites where ocean dumping

may be permitted. On December 23,

1986, the Administrator delegated the

authority to designate ocean dumping

sites to the Regional Administrator of

the Region in which the site is located.

This site designation is being made

pursuant to that authority.

EPA’s Ocean Dumping Regulations

(40 CFR Chapter I, Subchapter H,

Section 228.4) state that ocean dumping

sites will be designated by promulgation

in Part 228. A list of ‘‘Approved Interim

and Final Ocean Dumping Sites’’ was

published on January 11, 1977 (42 FR

2461 et seq.). That list established the

Atchafalaya River Bar Channel ocean

dredged material disposal site (ODMDS)

on an interim basis.

The interim designation of the

Atchafalaya River Bar Channel ODMDS

was extended indefinitely in January

1980. However, Section 506 of the

Water Resources Development Act

(WRDA) of 1992, amended MPRSA such

that beginning January 1, 1997, open

water offshore disposal could only be

into ODMDSs either designated by EPA

under § 102(c) of the Act or selected by

the Corps of Engineers (COE) under

§ 103(b) as an alternative site. Since EPA

had not ruled on final designation by

January 1, 1997, the Atchafalaya River

Bar Channel ODMDS was selected by

the New Orleans District COE as a

§ 103(b) alternative to accommodate

annual channel maintenance dredging

beyond 1996. Recognizing a five (5) year

extension of the COE’s § 103(b) selection

allowed the continued use of the

Atchafalaya River Bar Channel ODMDS

through the year 2006, EPA was to

designate the Atchafalaya River Bar

Channel ODMDS site pursuant to

§ 102(c) of MPRSA, or to find that the

site is inappropriate for final

designation. This site designation is

being published as final rulemaking in

accordance with § 228.4(e) of the Ocean

Dumping Regulations, which permits

the designation of ocean disposal sites

for dredged material.

Regulated Entities

Entities potentially regulated by this

action are persons, organizations, or

government bodies seeking to dispose of

dredged material in ocean waters at the

Atchafalaya River Bar Channel ODMDS,

under the MPRSA, 33 U.S.C. 1401 et

seq. The Rule would be primarily of

relevance to parties in the Morgan City

area seeking permits from the COE to

transport dredged material for the

purpose of disposal into ocean waters at

the Atchafalaya River Bar Channel

ODMDS, as well as the COE itself (when

proposing to dispose of dredged

material at the ODMDS). Potentially

regulated categories and entities seeking

to use the ODMDS and thus subject to

this Rule include:

Category Examples of regulated entities

Federal Government ........................................... U.S. Army Corps of Engineers Civil Works Projects. Other Federal Agencies, including the Department of Defense.

Industry and General Public ............................... Port Authorities. Marinas and Harbors. Shipyards and Marine Repair Facilities. Berth Owners.

State, local and tribal governments .................... Governments owning and/or responsible for ports, harbors, and/or berths. Government agencies requiring disposal of dredged material associated with public works projects.

This table lists the types of entities

that EPA is now aware could potentially

be regulated. EPA notes, however, that

nothing in this final ruling alters in any

way, the jurisdiction of EPA, or the

types of entities regulated under the

MPRSA. To determine if you or your

organization is potentially regulated by

this action, you should carefully

consider whether you expect to propose

ocean disposal of dredged material, in

accordance with the Purpose and Scope

provisions of 40 CFR 220.1, and if you

wish to use the Atchafalaya River Bar

Channel ODMDS. If you have questions

regarding the applicability of this action

to a particular entity, consult the person

listed in the preceding FOR FURTHER

INFORMATION CONTACT section. Since

ODMDS use is restricted to dredged

material removed from the bar channel

of the Atchafalaya River, EPA

anticipates that the COE will be the only

user of the ODMDS.

EIS Development

Section 102 (2)(c) of the National

Environmental Policy Act of 1969

(NEPA), as amended (Pub. L. 91–190, 42

U.S.C. 4321 et seq.), requires that