31482 Federal Register / Vol. 65, No. 97 / Thursday, May 18, 2000 / Rules and Regulations

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 8, 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. In § 52.1320 the table in paragraph

(c) is amended by revising the entry for

10–5.380, under Chapter 5, to 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

*******

10–5.380 ................................. Motor vehicle emissions inspection.12/30/99 ......................... [insert FR cite] May 18,

2000.

*******

3. In § 52.1320 the table in paragraph

(e) is amended by adding an entry at the

end of the table in the Nonregulatory

SIP Provisions for the inspection/

maintenance program, to read as

follows:

* * * * *

(e) * * *

EPA-APPROVED MISSOURI NONREGULATIONS SIP PROVISIONS

Name of nonregulatory SIP

Provision

Applicable geographic or

nonattainment area State submittal date EPA approval date Comments

*******

Implementation plan for the

Missouri inspection/.

maintenance program .......

St. Louis ............................ 11/12/99 ............................ [insert FR cite] May 18,

2000.

[FR Doc. 00–12395 Filed 5–17–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[Region 7 Tracking No. MO 102–1102; FRL–

6701–5]

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 nitrogen oxides (NOX)

reasonably available control technology

(RACT) rule which is applicable to the

St. Louis, Missouri, ozone

nonattainment area. This rule reduces

NOX emissions in the St. Louis area by

requiring major sources to install or

comply with RACT as required by the

Clean Air Act (CAA).

DATES: This rule is effective on June 19,

2000.

ADDRESSES: Copies of the state submittal

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?

Federal Register / Vol. 65, No. 97 / Thursday, May 18, 2000 / Rules and Regulations 31483

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 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?

NOX emissions combine with volatile

organic compound emissions on hot,

sunny days to form ground level ozone,

commonly known as smog. The purpose

of the following rule is to establish

RACT requirements in Missouri for

major sources of NOX emissions. These

requirements will result in reductions of

NOX emissions which will help achieve

reductions in ozone levels 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 and Madison, St. Clair

and Monroe counties in Illinois.

We are taking final action to approve

as an amendment to the Missouri SIP,

rule 10 CSR 10–5.510, ‘‘Control of

Emissions of Nitrogen Oxides,’’

submitted to us on November 12, 1999.

This NOX RACT rule is applicable to all

sources with the potential to emit 100

tons per year or more of nitrogen oxides

in the Missouri portion of the St. Louis

nonattainment area. The rule establishes

emission limits, work practices,

monitoring, testing, and recordkeeping

and reporting requirements for boilers,

stationary internal combustion (IC)

turbines, stationary IC engines,

incinerators, regenerative container

melting glass furnaces, and portland

cement kilns.

The rule also requires any other

stationary source, which has the

potential to emit NOX in amounts

greater than the major stationary source

threshold, to undertake a ‘‘case-by-case’’

RACT study to evaluate controls to

minimize NOX emissions. This ‘‘caseby-case’’ analysis establishes a

procedure for identifying all available

control technologies and selecting the

technology that provides the most

effective, cost reasonable reduction

technique.

For those units subject to a NOX

emission limitation, the final

compliance deadline is May 1, 2002. An

extension of the compliance deadline

may be granted by the director, if the

affected installation submits a plan no

later than January 1, 2001. This plan,

which is subject to approval by the

Missouri Department of Natural

Resources, must include a detailed

analysis of the air quality benefit that

will occur if the compliance date is

extended, a detailed explanation of why

the compliance date should be

extended, and a proposed schedule for

meeting compliance.

As required by 40 CFR 51.261(a)(2),

no extension of the compliance date can

be approved if it extends final

compliance beyond the attainment date

in the approved SIP.

We have reviewed the NOX controls

and averaging provisions in this rule

and have determined that they are

consistent with relevant EPA guidance

and with NOX controls approved as

RACT for other states.

No comments were received in

response to the public comment period

regarding this rule action.

For more background information, the

reader is referred to the proposal for this

rulemaking published on February 17,

2000, at 65 FR 8092.

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 CAA.

What action is EPA taking?

We are taking final action to approve

as an amendment to the Missouri SIP

rule 10 CSR 10–5.510, ‘‘Control of

Emissions of Nitrogen Oxides,’’ as

meeting the requirement for NOX RACT

which is applicable to the Missouri

portions of the St. Louis ozone

nonattainment area.

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

31484 Federal Register / Vol. 65, No. 97 / Thursday, May 18, 2000 / Rules and Regulations

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

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 in 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 4, 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, adding in numerical order

entry ‘‘10–5.510.’’

The addition reads 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

*******

10–5.510 ................................ Control of Emissions of Nitrogen Oxides.February 29, 2000 .. [insert FR cite and

May 18, 2000].

*******

Federal Register / Vol. 65, No. 97 / Thursday, May 18, 2000 / Rules and Regulations 31485

[FR Doc. 00–12387 Filed 5–17–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MO 103–1103; FRL–6701–3]

Approval and Promulgation of

Implementation Plans; State of

Missouri

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is approving Missouri’s

15% Rate-of-Progress Plan (ROPP), and

Missouri rule 10–CSR 10–5.300,

‘‘Control of Emissions From Solvent

Metal Cleaning.’’ This Plan is intended

to fulfill the requirements of section

182(b)(1)(A) of the Clean Air Act (CAA

or Act).

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:

Royan Teter at (913) 551–7609.

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 State Implementation Plan (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 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?

On November 12, 1999, Missouri

submitted a revised ROPP. The plan

established the 1996 target level of

volatile organic compound (VOC)

emissions for the Missouri portion of

the St. Louis ozone nonattainment area.

Missouri achieves the required

reductions through a combination of 19

state and 9 Federal measures.

On February 17, 2000, (65 FR 8083)

EPA proposed to approve Missouri’s

ROPP and VOC rule 10 CSR 10–10.300.

The public provided comments on the

proposed action. We are responding to

those comments below.

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 was

part of the proposed action, the revision

meets the substantive SIP requirements

of the CAA, including section 110 and

implementing regulations.

Response to Comments

The Missouri Coalition for the

Environment and the Sierra Club

submitted jointly written comments

regarding our February 17, 2000

proposal (65 FR 8083) to approve

Missouri’s 15% ROPP, and Missouri

rule 10–CSR 10–5.300, ‘‘Control of

Emissions From Solvent Metal

Cleaning.’’ Their paraphrased comments

and EPA’s responses follow.

1. Comments Relating to the Statutory

Requirements for Review of the ROPP

Comment: The commenters stated

that the ROPP should be disapproved

because it fails to show reasonable

further progress ‘‘as a matter of law.’’

The commenters argue that the St. Louis

nonattainment area is currently

classified as ‘‘serious’’ under section

181 of the Act, and is therefore subject

to the reasonable further progress (RFP)

requirements of section 182(c) rather

than 182(b).

In addition, they argue section 182(b)

is no longer relevant for purposes of

determining RFP because it governs RFP

toward the goal of attainment by 1996

whereas it is now 2000. They contend

the plan should be disapproved based

on the premise that section 182(c) is the

applicable CAA requirement and their

conclusion that Missouri’s plan does not

purport to satisfy the RFP requirements

of section 182(c).

Response: The St. Louis area is

classified under section 181(a) of the

Act as a moderate ozone nonattainment

area, and has not been reclassified

under section 181(b) as suggested by the

commenters. In any event, the RFP

requirements of section 182(b)(1) are

applicable to all areas classified as