[Federal Register Volume 84, Number 131 (Tuesday, July 9, 2019)]
[Proposed Rules]
[Pages 32671-32672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14005]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2019-0339; FRL-9995-60-Region 7]
Air Plan Approval; Missouri; Revocation of Kansas City Area
Transportation Conformity Requirements Plans
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval of Missouri's request to remove the transportation conformity
rule for the Kansas City area.
DATES: Comments must be received on or before August 8, 2019.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2019-0339 to https://www.regulations.gov. Follow the online
instructions for submitting comments.
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received will be posted without
change to https://www.regulations.gov/, including any personal
information provided. For detailed instructions on sending comments and
additional information on the rulemaking process, see the ``Written
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this
document.
FOR FURTHER INFORMATION CONTACT: Jed D. Wolkins, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-
7588; email address [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.
Table of Contents
I. Written Comments
II. What is being addressed in this document?
III. Have the requirements for approval of a SIP revision been met?
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2019-
0339, at https://www.regulations.gov. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
II. What is being addressed in this document?
The EPA is proposing to approve the removal of 10 CSR 10-2.390
Kansas City Area Transportation Conformity Requirements. Pursuant to 40
CFR 93.102 (b) transportation conformity must be conducted in all non-
attainment and maintenance areas and States must adopt State Plans to
conduct transportation conformity. The Kansas City Area, Clay, Jackson,
and Platte Counties, were designated non-attainment for the 1979 one
hour ozone standard (40 CFR 81.326, March 3, 1978). On July 23, 1992
the Kansas City Area was redesignated as attainment/maintenance (57 FR
27939, July 23, 1992). Pursuant to CAA Section 175A, the maintenance
status lasted for two consecutive ten year periods from the effective
date of the EPA's approval of the first ten-year maintenance plan and
redesignation of the area to attainment for the NAAQS. On July 23,
2012, the second maintenance plan ended as did the requirement for
transportation conformity in the Kansas City Area. Pursuant to 40 CFR
51.1118, as the Kansas City Area is in attainment for all standards,
the Kansas City Area Transportation Conformity Requirements are no
longer needed. If in the future, the Kansas City Area was to be
determined to be non-attainment with a standard requiring conformity,
the State would have to develop new transportation conformity
requirements. Furthermore, the Kansas City Area Transportation
Conformity Requirements are not relied on in any other maintenance or
attainment plan.
III. Have the requirements for approval of a SIP revision been met?
The state submission has met the public notice requirements for SIP
[[Page 32672]]
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. The
state provided public notice from May 15, 2018 to August 2, 2018, and
received no comments on this rule. In addition, the revision meets the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations.
IV. What action is the EPA taking?
We are processing this as a proposed action because we are
soliciting comments on this proposed action. Final rulemaking will
occur after consideration of any comments.
V. Incorporation by Reference
In this document, as described in the proposed amendments to 40 CFR
part 52 set forth below, the EPA is proposing to remove provisions of
the EPA-Approved Missouri Regulations from the Missouri State
Implementation Plan, which is incorporated by reference in accordance
with the requirements of 1 CFR part 51.
VI. Statutory and Executive Order Reviews
Under the Clean Air Act (CAA), the Administrator is required to
approve a SIP submission that complies with the provisions of the Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. Accordingly,
this action merely approves state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
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 the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; 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).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: June 24, 2019.
James Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA proposes to amend
40 CFR part 52 as set forth below:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart--AA Missouri
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2. In Sec. 52.1320, the table in paragraph (c) is amended by removing
the entry ``10-2.390'' under the heading ``Chapter 2--Air Quality
Standards and Air Pollution Control Regulations for the Kansas City
Metropolitan Area''.
[FR Doc. 2019-14005 Filed 7-8-19; 8:45 am]
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