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[Federal Register: October 25, 2011 (Volume 76, Number 206)]
[Proposed Rules]               
[Page 66013-66018]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25oc11-31]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2011-0859; FRL-9482-8]

 
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: Proposed rule.

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SUMMARY: EPA is proposing to conditionally approve a State 
Implementation Plan (SIP) revision submitted by the State of Missouri 
to EPA on January 17, 2007, with a supplemental revision submitted to 
EPA on June 1, 2011. The purpose of these SIP revisions is to satisfy 
the RACT requirements for volatile organic compounds (VOCs) set forth 
by the Clean Air Act (CAA or Act) with respect to the 8-hour ozone 
NAAQS. In addition to proposing approval on the 2007 submission, EPA is 
also proposing to approve several VOC rules adopted by Missouri and 
submitted to EPA in a letter dated August 16, 2011 for approval into 
its SIP. We are approving these revisions because they enhance the 
Missouri SIP by improving VOC emission controls in Missouri. EPA's 
proposal to conditionally approve the SIP submittal is consistent with 
section 110(k)(4) of the CAA. As part of the conditional approval, 
Missouri would have up to twelve months from the date of EPA's final 
conditional approval of the SIP revisions in which to revise its rules 
to be consistent with the CAA.

DATES: Comments must be received on or before November 25, 2011.

ADDRESSES: Submit your comments identified by Docket ID No. EPA-R07-
OAR-2011-0589, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: kemp.lachala@epa.gov.
    3. Mail or Hand Delivery or Courier: Lachala Kemp, Air Planning and 
Development Branch, Environmental Protection Agency Region 7, 901 North 
5th Street, Kansas City, Kansas 66101.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2011-0859. 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

[[Page 66014]]

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 
information that you consider to be CBI or otherwise protected through 
http://www.regulations.gov or e-mail. 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, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the U.S. Environmental 
Protection Agency Region 7, 901 North 5th Street, Kansas City, Kansas 
66101, from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. EPA requests that you contact the person listed in the FOR 
FURTHER INFORMATION CONTACT section to schedule your inspection. 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, 901 
N. 5th Street, Kansas City, Kansas 66101; telephone number (913) 551-
7214; e-mail 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 questions:

Table of Contents

I. What action is EPA proposing?
II. Statutory and Regulatory Background
III. Summary of Missouri's SIP Revision
IV. Missouri's VOC RACT Rules
V. EPA's Proposed Action
VI. Statutory and Executive Order Reviews

I. What action is EPA proposing?

    EPA is proposing to conditionally approve a SIP revision submitted 
by the State of Missouri to EPA on January 17, 2007, and June 1, 2011. 
The purpose of these revisions is to control the emissions of VOCs, 
consistent with Control Techniques Guidelines (CTGs) issued by EPA. EPA 
is also proposing to approve several VOC rules approved by Missouri and 
submitted to EPA in a letter dated August 16, 2011 for approval into 
its SIP. The purpose of these rules is to satisfy the RACT requirements 
of the CAA for the Missouri portion of the St. Louis metropolitan 8-
hour ozone nonattainment area. As explained further below, at this 
time, EPA is unable to fully approve the State's RACT SIP revision 
because the current submittal does not yet meet all RACT requirements. 
Specifically, at this time, Missouri has not submitted a RACT rule for 
inclusion into the Missouri SIP to address one CTG: Solvent Cleanup 
Operations. However, based on Missouri's commitment to do so by 
December 31, 2012,\1\ pursuant to section 110(k)(4) of the CAA, EPA is 
proposing to conditionally approve Missouri's proposed SIP revision at 
this time. Under that section, EPA may approve a SIP revision based on 
a commitment of the State to adopt specific enforceable measures by a 
date certain, but not later than 1 year after the date of approval of 
the SIP. This conditional approval would be treated as a disapproval if 
Missouri fails to comply with this commitment.
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    \1\ See letter from MDNR to EPA, dated September 30, 2011.
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    We are proposing to conditionally approve these revisions because 
they represent RACT under the 8-hour ozone NAAQS. These requirements 
are based on (1) Missouri's RACT analysis and certification that 
previously adopted RACT controls in Missouri's SIP that were previously 
approved by EPA under the 1-hour ozone NAAQS continue to represent 
RACT; (2) the adoption by Missouri of new or more stringent regulations 
that represent RACT control levels for CTGs issued by EPA after 2006; 
and (3) a negative declaration that certain categories of sources that 
do not exist in Missouri.

II. Statutory and Regulatory Background

    CAA section 172(c)(1) requires that SIPs for nonattainment areas 
``provide for the implementation of all reasonably available control 
measures as expeditiously as practicable (including such reductions in 
emissions from existing sources in the area as may be obtained through 
the adoption, at a minimum, of reasonably available control technology) 
and shall provide for attainment of the national primary ambient air 
quality standards.'' 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--is currently designated as a moderate 
nonattainment area under the 8-hour ozone standard. For areas in 
moderate nonattainment with the ozone NAAQS, section 182(b)(2) requires 
states to submit SIP revisions to EPA that require sources of VOCs that 
are subject to a CTG issued by EPA, and all other major stationary 
sources,\2\ in the nonattainment area to implement RACT.
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    \2\ For 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).
---------------------------------------------------------------------------

    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 (Sept. 17, 1979). EPA provides states 
with guidance concerning what types of controls could constitute RACT 
for a given source category through the issuance of a CTG. See 71 FR 
58745, 58747 (Oct. 5, 2006).
    Section 182(f) of the CAA requires that all SIP provisions required 
for major stationary sources of VOCs shall also apply to major 
stationary sources of Nitrogen Oxides (NOX). With respect to 
NOX, section 182(f) authorizes EPA to exempt the sources in 
an area from the NOX RACT requirements through a ``waiver,'' 
if EPA finds that additional reductions of NOX would not 
contribute to attainment of the NAAQS for ozone in that area. On June 
9, 2011, EPA published a final determination that the St. Louis 
Metropolitan area has attained the 8-hour ozone standard based on three 
years of complete, quality assured ambient air quality monitoring data. 
See 76 FR 33647. On July 21, 2011, EPA approved Missouri's request for 
such a

[[Page 66015]]

``NOX waiver,'' effective September 19, 2011. 76 FR 43598. 
Based on this rule, on September 9, 2011, Missouri withdrew the portion 
of its 2007 submission relating to NOX RACT. Therefore, 
today's action only addresses Missouri's RACT obligations for VOCs.

III. Summary of Missouri's SIP Revision

    On January 17, 2007, Missouri Department of Natural Resources 
(MDNR) submitted to EPA proposed SIP revisions demonstrating compliance 
with the RACT requirements set forth by the CAA under the 8-hour ozone 
NAAQS. This submittal addressed all source categories for which a CTG 
had been issued by EPA at the time, and addressed the controls in place 
for all other major stationary sources in the nonattainment area. Since 
the initial submittal, EPA has issued a number of new CTGs in 2006, 
2007, and 2008.\3\
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    \3\ Under section 183(b), EPA is required to periodically review 
and, as necessary, update CTGs.
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    On October 5, 2006, EPA issued four CTGs which states were required 
to address by October 5, 2007 (71 FR 58745): Lithographic Printing and 
Letterpress Printing Materials; Flexible Packaging Printing Materials; 
Flat Wood Paneling Coatings; and Industrial Cleaning Solvents. Also, on 
October 9, 2007, EPA issued three CTGs which states were required to 
address by October 9, 2008 (72 FR 57215): Paper, Film, and Foil 
Coatings; Metal Furniture Coatings; and Large Appliance Coatings. 
Furthermore, on October 7, 2008, EPA issued four CTGs which states were 
required to address by October 7, 2009 (73 FR 58481): Miscellaneous 
Metal and Plastic Parts Coatings; Auto and Light-Duty Truck Assembly 
Coatings; Fiberglass Boat Manufacturing Materials; and Miscellaneous 
Industrial Adhesives. As a result of these new CTGs, Missouri submitted 
an amendment to its prior RACT demonstration on June 1, 2011. In 
addition, on August 16, 2011, Missouri submitted proposed revisions to 
its SIP to EPA. These revisions will ensure that the requirements of 
the new CTGs will be incorporated into the VOC RACT rules for the St. 
Louis moderate ozone nonattainment area.

IV. Missouri's VOC RACT Rules

    Missouri's SIP submittals dated January 17, 2007, and June 1, 2011, 
include an analysis of its VOC rules for the Missouri portion of the 
St. Louis metropolitan 8-hour ozone NAAQS nonattainment area. Table 1 
summarizes the CTGs issued by EPA both prior to 2006 and after 2006, 
and the corresponding Missouri VOC rules which address these CTGs.

  Table 1--CTG Source Categories and Applicable Missouri VOC RACT Rules
------------------------------------------------------------------------
          Missouri State rule                  CTG Source category
------------------------------------------------------------------------
10 CSR 10-5.295 Control of Emissions     Aerospace Manufacturing and
 From Aerospace Manufacture and Rework    Rework Operations & Coating
 Facilities.                              Operations.
10 CSR 10-5.330 Control of Emissions     Automobile and Light-Duty Truck
 From Industrial Surface Coating          Assembly Coatings.
 Operations.
10 CSR 10-5.220 Control of Petroleum     Bulk Gasoline Plants.
 Liquid Storage, Loading and Transfer.
10 CSR 10-5.330 Control of Emissions     Can Coatings.
 From Industrial Surface Coating
 Operations.
10 CSR 10-5.330 Control of Emissions     Coil Coatings.
 From Industrial Surface Coating
 Operations.
10 CSR 10-5.310 Liquefied Cutback        Cutback Asphalt.
 Asphalt Paving Restricted.
10 CSR 10-5.330 Control of Emissions     Fabric Coatings.
 From Industrial Surface Coating
 Operations.
10 CSR 10-5.330 Control of Emissions     Flat Wood Paneling Coatings.
 From Industrial Surface Coating
 Operations.
10 CSR 10-5.340 Control of Emissions     Flexible Package Printing.
 From Rotogravure and Flexographic
 Printing Facilities.
10 CSR 10-5.340 Control of Emissions     Flexographic and Rotogravure
 From Rotogravure and Flexographic        Printing.
 Printing Facilities.
10 CSR 10-5.220 Control of Petroleum     Gasoline Dispensing Stage II
 Liquid Storage, Loading and Transfer.    Vapor Recovery.
10 CSR 10-5.220 Control of Petroleum     Gasoline Service Stations.
 Liquid Storage, Loading and Transfer.
10 CSR 10-5.390 Control of Emissions     Ink and Paint Manufacturing.
 From Manufacture of Paints, Varnishes,
 Lacquers, Enamels and Other Allied
 Surface Coating Operations.
10 CSR 10-5.330 Control of Emissions     Large Appliance Coatings.
 From Industrial Surface Coating
 Operations.
10 CSR 10-5.330 Control of Emissions     Magnet Wire, Surface Coating.
 From Industrial Surface Coating
 Operations.
10 CSR 10-5.330 Control of Emissions     Metal Furniture Coatings.
 From Industrial Surface Coating
 Operations.
10 CSR 10-5.330 Control of Emissions     Miscellaneous Industrial
 From Industrial Surface Coating          Adhesives.
 Operations.
10 CSR 10-5.330 Control of Emissions     Miscellaneous Metal and Plastic
 From Industrial Surface Coating          Parts Coatings.
 Operations.
10 CSR 10-5.442 Control of Emissions     Offset Lithographic Printing
 From Lithographic and Letterpress        and Letterpress Printing.
 Printing Operations.
10 CSR 10-5.330 Control of Emissions     Paper, Film, and Foil Coatings.
 From Industrial Surface Coating
 Operations.
10 CSR 10-5.220 Control of Petroleum     Petroleum Liquid Storage in
 Liquid Storage, Loading and Transfer.    External Floating Roof Tanks.

[[Page 66016]]

10 CSR 10-5.350 Control of Emissions     Pharmaceutical Products.
 From Manufacture of Synthesized
 Pharmaceutical Products.
10 CSR 10-5.410 Control of Emissions     Polyester Resin.
 From Manufacture of Polystyrene Resin.
10 CSR 10-5.455 Control of Emissions     Solvent Cleanup Operations.\4\
 From Industrial Solvent Cleaning
 Operations.
10 CSR 10-5.300 Control of Emissions     Solvent Metal Cleaning.
 From Solvent Metal Cleaning.
10 CSR 10-5.220 Control of Petroleum     Storage of Petroleum Liquids in
 Liquid Storage, Loading and Transfer.    Fixed Roof Tanks.
10 CSR 10-5.420 Control of Equipment     Synthetic Organic Chemical
 Leaks From Synthetic Organic Chemical    Manufacturing.
 and Polymer Manufacturing Plants.
10 CSR 10-5.550 Control of Volatile      Synthetic Organic Chemical and
 Organic Compound Emissions From          Polymer Manufacturing
 Reactor Processes and Distillation       Equipment, Equipments Leaks
 Operations Processes in the Synthetic    from.
 Organic Chemical Manufacturing
 Industry.
10 CSR 10-5.220 Control of Petroleum     Tank Truck Gasoline Loading
 Liquid Storage, Loading and Transfer.    Terminals.
10 CSR 10-5.220 Control of Petroleum     Tank Trucks, Gasoline, and
 Liquid Storage, Loading and Transfer.    Vapor Collection Systems.
10 CSR 10-5.500 Control of Emissions     Volatile Organic Liquid Storage
 From Volatile Organic Liquid Storage.    in Floating and Fixed Roof
                                          Tanks.
10 CSR 10-5.530 Control of Emissions     Wood Furniture Manufacturing.
 From Wood Furniture Manufacturing
 Operations.
------------------------------------------------------------------------

A. CTGs Issued Prior to 2006

    With respect \4\ to Missouri's VOC RACT rules that address CTGs 
issued by EPA prior to 2006, EPA has previously approved these rules 
into the Missouri SIP as RACT for the 1-hour ozone standard. In its 
June 1, 2011, submittal to EPA, MDNR reviewed all of the St. Louis area 
VOC rules and certified that they still satisfy RACT requirements for 
the 8-hour ozone standard by the application of control technology that 
is reasonably available considering technological and economic 
feasibility. EPA is proposing to approve this certification in today's 
rulemaking.
---------------------------------------------------------------------------

    \4\ At this time, Missouri has not submitted this rule revision 
to EPA for inclusion into the SIP. However, as discussed previously, 
Missouri has committed to doing so by December 31, 2012.
---------------------------------------------------------------------------

B. CTGs Issued After 2006

    With respect to addressing CTGs issued by EPA after 2006, Missouri 
submitted three revised rules to EPA for inclusion into the Missouri 
SIP. EPA has reviewed these new VOC rule revisions with respect to the 
RACT requirements and the recommendations in the new CTGs and proposes 
to find that these revisions meet RACT. A brief description of the VOC 
rules that are proposed for approval in this action is provided below.
1. 10 CSR 10-5.330 Industrial Surface Coating Operations
    This rule amendment exempts facilities that are regulated under 
other rules that limit emissions of VOCs and incorporates changes in 
RACT for surface coating operations in the St. Louis ozone 
nonattainment area to be consistent with the current federal RACT CTGs. 
Compliance with these rules is required by March 1, 2012.
    These revised requirements are based on and consistent with the 
following CTG documents issued by EPA since 2006:

 Flat Wood Paneling Coatings
 Paper, Film, and Foil Coatings
 Miscellaneous Industrial Adhesives
 Large Appliance Coatings
 Metal Furniture Coatings
 Miscellaneous Metal and Plastic Parts Coatings
 Automobile and Light-Duty Truck Assembly Coatings

The revisions to this rule either create new source categories that are 
subject to VOC limits (the first three CTG source categories on this 
list) or strengthen limits that are already existing for other source 
categories (the last four CTG source categories on this list). The rule 
revisions also specify work practices for sources that are subject to 
this rule.
2. 10 CSR 10-5.340 Rotogravure and Flexographic Printing
    This rule amendment adds specific limits of VOCs for flexible 
package printing operations in the St. Louis ozone nonattainment area. 
The rule amendment will add stricter emission limits and lower 
applicability limits, as well as add flexible package printing presses 
as a source subcategory. These changes are intended to make the limits 
consistent with the current federal RACT CTGs. Compliance with these 
rules is required by March 1, 2012.
    These revised requirements are based on and consistent with the 
following CTG document issued by EPA since 2006:

 Flexible Packaging Printing Materials
3. 10 CSR 10-5.442 Lithographic Printing Operations
    This rule amendment adds specific emission limits of VOCs for both 
offset lithographic and letterpress printing operations in the St. 
Louis ozone nonattainment area. The rule also lowers the applicability 
limit and adds letterpress printing as a new category. These changes 
are intended to make the limits consistent with the current Federal 
RACT CTGs. Compliance with these rules is required by March 1, 2012.
    These revised requirements are based on and consistent with the 
following CTG document issued by EPA since 2006:

 Lithographic Printing and Letterpress Printing Materials
4. 10 CSR 10-5.455 Solvent Cleanup Operations
    At this time, Missouri has not submitted this proposed rule 
revision to EPA for approval into the Missouri SIP. However, in a 
letter dated September 30, 2011, Missouri has committed to submit this 
rule to EPA by December 31, 2012 for inclusion into the SIP. The intent 
of this rule is to reduce the VOC emissions from industrial cleaning 
operations that use organic solvents. The rule amendment will lower the 
allowable emissions threshold for VOCs released per day from the use, 
storage and disposal of industrial cleaning

[[Page 66017]]

solvents. It will also add requirements for facilities that have VOC 
emission levels that exceed the threshold, including placing 
limitations on the VOC content of the cleaning materials.

C. Non-CTG Major Stationary Sources

    Major sources not subject to a specific CTG, but for which RACT is 
required, are referred to as non-CTG sources. Table 2 summarizes the 
Missouri's VOC rules that address non-CTG sources. All of these rules 
have previously been approved by EPA into the Missouri SIP.

        Table 2--Summary of St. Louis Area non-CTG VOC RACT Rules
------------------------------------------------------------------------
                           Missouri State rule
-------------------------------------------------------------------------
10 CSR 10-5.360 Control of Emissions From Polyethylene Bag Sealing
 Operations.
10 CSR 10-5.370 Control of Emissions From the Application of Deadeners
 and Adhesives.
10 CSR 10-5.450 Control of VOC Emissions From Traffic Coatings.
10 CSR 10-5.451 Control of Emissions From Aluminum Foil Rolling.
10 CSR 10-5.490 Municipal Solid Waste Landfills.
10 CSR 10-5.520 Control of Volatile Organic Compound Emissions From
 Existing Major Sources.
10 CSR 10-5.540 Control of Emissions From Batch Process Operations.
------------------------------------------------------------------------

    In particular, Missouri promulgated 10 CSR 10-5.520 (Control of 
Volatile Organic Compound Emissions from Existing Major Sources). This 
generic rule applies to all major sources of VOC located in the St. 
Louis ozone nonattainment area that are not subject to individual RACT 
rules and have the potential to emit greater than 100 tons per year of 
VOCs. Sources subject to this rule must submit a detailed engineering 
RACT proposal to MDNR for each VOC emission unit at the facility. In 
its submittal to EPA, MDNR noted that in the St. Louis ozone 
nonattainment area, no sources have been identified that are subject to 
this generic RACT rule. Therefore, the State believes that the 
requirements of section 182(b)(2)(C) have been met.\5\
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    \5\ We note that other regulatory mechanisms within the CAA 
affect sources in the St. Louis ozone nonattainment area, such as 
Maximum Achievable Control Technology (MACT), New Source Performance 
Standards (NSPS), and National Emission Standards for Hazardous Air 
Pollutants (NESHAPS). Because these standards are generally more 
stringent than RACT, emission sources subject to these standards 
were determined to also fulfill RACT requirements.
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D. Negative Declarations

    In addition, the June 1, 2011, submittal from MDNR also states that 
Missouri has made a negative declaration that there are no applicable 
sources of VOC located in the St. Louis portion of the ozone 
nonattainment area for the following CTG categories identified by EPA 
in CTG documents:
    1. Fiberglass Boat Manufacturing Materials (EPA-453/R-08-004).
    2. Shipbuilding and Ship Repair Operations (See 61 FR 44050).
    3. Petroleum Refinery Equipment (EPA-450/2-78-036).
    4. Application of Agriculture Pesticides (EPA-453/R-92-011).
    5. Pneumatic Rubber Tires (EPA-450/2-78-030).
    6. Natural Gas/Gasoline Processing Plants (EPA-450/3-83-007).
    7. Plywood Veneer Dryers (EPA-450/3-83-012).

E. Summary

    The purpose of Missouri's RACT rules in the St. Louis area is to 
establish reasonable controls on the emissions of ozone precursors. As 
new RACT rules have been added and other RACT rules have been expanded 
with new source categories or stricter limits, Missouri has 
continuously reviewed and updated its VOC rules in order satisfy all 
RACT requirements. Based on EPA's review of Missouri's submittal, EPA 
is proposing to find that for the CTG and non-CTG source categories 
included in this rulemaking, Missouri has RACT-level controls.

V. Proposed Action

    In today's rulemaking, EPA is proposing several actions. First, 
with respect to Missouri's VOC RACT rules that EPA previously approved 
into Missouri's SIP under the 1-hour ozone standard, EPA is proposing 
to approve Missouri's certification that these RACT controls continue 
to represent RACT under the 8-hour ozone standard. Second, EPA is 
proposing to approve revisions to three of Missouri's VOC rules (10 CSR 
10-5.330; 10 CSR 10-5.340; 10 CSR 10-5.442) into Missouri's SIP, as 
these rules satisfy RACT for the Missouri portion of the St. Louis 
nonattainment area. Third, pursuant to CAA section 110(k)(4), EPA is 
proposing to conditionally approve the Missouri SIP revisions that 
addresses the requirements of RACT under the 8-hour ozone NAAQS. 
Missouri would have up to twelve months from the date of EPA's final 
conditional approval of the SIP revisions in which to revise its rules 
to be consistent with the CAA. This conditional approval shall be 
treated as a disapproval if Missouri fails to comply with this 
commitment.

VI. 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 
proposed 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 proposed 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 Clean Air Act; 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.

[[Page 66018]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: October 17, 2011.
Karl Brooks,
Regional Administrator, Region 7.
[FR Doc. 2011-27601 Filed 10-24-11; 8:45 am]
BILLING CODE 6560-50-P
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