10610 Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Rules and Regulations 

August 10, 1999). This action 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 action also is not subject to 

Executive Order 13045, ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it approves a 

state rule implementing a Federal 

standard. 

In reviewing state submissions, EPA’s 

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), EPA has no authority 

to disapprove a state submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a state 

submission, to use VCS in place of a 

state 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. This action 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. 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 rule 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 May 8, 2007. 

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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: February 27, 2007. 

John B. Askew, 

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 Q—Kansas 

■ 2. In § 52.870(e) the table is amended 

by adding an entry in numerical order 

to read as follows: 

§ 52.870 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED KANSAS NONREGULATORY PROVISIONS

Name of nonregulatory SIP provision Applicable geographic 

or nonattainment area 

State submittal 

date EPA approval date Explanation 

* * * * * * * 

(30) CAA 110(a)(2)(D)(i) SIP—Interstate Transport.Statewide ................... 1/07/07 3/09/07 [insert FR page number 

where the document begins].

[FR Doc. E7–4304 Filed 3–8–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2007–0083; FRL–8286–1] 

Approval and Promulgation of 

Implementation Plans; State of 

Missouri 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the state of Missouri. EPA 

is approving a request to amend the 

Missouri SIP to include revisions to the 

St. Louis 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 May 8, 2007, without further 

notice, unless EPA receives adverse 

comment by April 9, 2007. 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–2007–0083, by one of the 

following methods: 

1. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: algoe-eakin.amy@epa.gov. 

3. Mail: Amy Algoe-Eakin, 

Environmental Protection Agency, Air 

Planning and Development Branch, 901 

North 5th Street, Kansas City, Kansas 

66101. 

4. Hand Delivery or Courier. Deliver 

your comments to 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–2007–

0083. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 


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Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Rules and Regulations 10611 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through http:// 

www.regulations.gov or e-mail 

information that you consider to be CBI 

or otherwise protected. The http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Air Planning and Development Branch, 

901 North 5th Street, Kansas City, 

Kansas 66101. The Regional Office’s 

official hours of business are Monday 

through Friday, 8 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: 

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 Federallyenforceable 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 January 17, 2007, Missouri 

requested that EPA approve a revision 

to the SIP to include changes to 

Missouri rule 10 CSR 10–5.300, 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 St. Louis, 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. 

More specifically, 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. 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 Federal 

NESHAP for Halogenated Solvent 

Cleaning and states that in general the 

NESHAP for Halogenated Solvent 


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10612 Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Rules and Regulations 

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 it is 

appropriate to exempt this source 

category because the Federal NESHAP is 

at least as stringent and sources must 

comply with this Federal NESHAP in 

order to be exempt from the Missouri 

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 were already regulated 

by Federal standard 40 CFR part 63, 

subpart GG, the NESHAP for Aerospace 

Manufacturing and Rework Facilities 

and by Missouri rule 10 CSR 10–5.455, 

Control of Emissions From Solvent 

Cleanup Operations. Based on the 

review of this analysis, we believe that 

revision of this rule to exempt these 

source categories because the Federal 

NESHAP and existing state rule, 10 CSR 

10–5.455, are at least as stringent and 

sources must comply with this Federal 

NESHAP and existing state rule. 

The MDNR/APCP also added several 

new definitions and evaluated the air 

quality impact of these new definitions. 

These definitions include: (2)(E) Flush 

cleaning, (2)(I) hand cleaning/wiping 

operation, (2)(M) nonaqueous solvent, 

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 any 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. 

The Solvent Metal Cleaning rule is 

part of the St. Louis 15% Rate of 

Progress (ROP) Plan, which was 

required as part of the 1-hour ozone 

moderate nonattainment area 

requirements. Therefore, Missouri is 

currently developing an attainment 

demonstration and reasonable further 

progress plan for the 8-hour ozone SIP 

for the area but has not completed that 

work. Missouri has prepared 

documentation which demonstrates that 

these rule revisions will not negatively 

impact air quality in the St. Louis 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. 

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 St. Louis Solvent Metal 

Cleaning rule, 10 CSR 10–5.300. 

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 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. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). 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 pre-existing 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 

(Pub. L. 104–4). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does 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). This action 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, ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997) because it approves a 

state rule implementing a Federal 

standard. 

In reviewing SIP submissions, EPA’s 

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), EPA has no authority 

to disapprove a state submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA when it reviews a state submission, 

to use VCS in place of a state 

submission that otherwise satisfies the 

provisions of the CAA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 


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Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Rules and Regulations 10613 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. 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. 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 rule 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 May 8, 2007. 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, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: February 27, 2007. 

John B. Askew, 

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(c) the table is amended 

under Chapter 5 by revising the entry 

for ‘‘10–5.300’’ 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 

* * * * * * * 

10–5.300 ................... Control of Emissions from Solvent Metal Cleaning.11/30/06 3/9/07 [insert FR page 

number where the 

document begins].

* * * * * * * 

* * * * * 

[FR Doc. E7–4300 Filed 3–8–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 70 

[EPA–R07–OAR–2007–0041; FRL–8284–8] 

Approval and Promulgation of 

Implementation Plans and Operating 

Permits Program; State of Missouri 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving revisions to 

the Missouri State Implementation Plan 

(SIP) and Operating Permits Program. 

EPA is approving a revision to the 

Missouri rule entitled ‘‘Submission of 

Emission Data, Emission Fees, and 

Process Information.’’ This revision will 

ensure consistency between the state 

and the Federally-approved rules. 

DATES: This direct final rule will be 

effective May 8, 2007, without further 

notice, unless EPA receives adverse 

comment by April 9, 2007. 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–2007–0041, by one of the 

following methods: 

1. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: algoe-eakin.amy@epa.gov. 

3. Mail: Amy Algoe-Eakin, 

Environmental Protection Agency, Air 

Planning and Development Branch, 901 

North 5th Street, Kansas City, Kansas 

66101. 

4. Hand Delivery or Courier. Deliver 

your comments to 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–2007–

0041. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through http:// 

www.regulations.gov or e-mail 


erjones on PRODPC74 with RULES