[Federal Register Volume 84, Number 184 (Monday, September 23, 2019)]
[Rules and Regulations]
[Pages 49670-49671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20320]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2019-0336; FRL-9999-74-Region 7]


Air Plan Approval; Missouri; Removal of Control of VOC Emissions 
from Traffic Coatings

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of Missouri 
on December 3, 2018. Missouri requests that the EPA remove a rule 
related to control of volatile organic compounds (VOCs) from traffic 
coatings from its SIP. This rescission does not have an adverse effect 
on air quality. The EPA's approval of this rule revision is being done 
in accordance with the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on October 23, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2019-0336. All documents in the docket are 
listed on the https://www.regulations.gov website. 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 through https://www.regulations.gov or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional information.

FOR FURTHER INFORMATION CONTACT: Tracey Casburn, Environmental 
Protection Agency, Region 7 Office, Air Quality and Planning Branch, 
11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 
551-7016; email address [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to EPA.

Table of Contents

I. Background
II. What is being addressed in this document?
III. Have the requirements for approval of a SIP revision been met?
IV. What is the EPA's response to comment received?
V. What action is the EPA taking?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews

I. Background

    On July 2, 2019, the EPA proposed rescinding a State rule relating 
to VOC emissions from traffic coatings from the Missouri SIP in the 
Federal Register. See 84 FR 31538. The EPA solicited comments on the 
proposed SIP revision and received one comment.

II. What is being addressed in this document?

    The EPA is approving a request to revise the Missouri SIP, received 
on December 3, 2018. Missouri requested that a State rule, found at 
Title 10, Division 10 of the code of state regulations (CSR)--10-5.450, 
Control of VOC Emissions from Traffic Coatings--be rescinded from the 
Missouri SIP. A detailed discussion of the submission was provided in 
the EPA's July 2, 2019, Federal Register document. See 84 FR 31538.

III. Have the requirements for approval of a SIP revision been met?

    The submission has met the public notice requirements in accordance 
with 40 CFR 51.102. The submission also satisfied the completeness 
criteria of 40 CFR part 51, appendix V. Missouri provided public notice 
of the SIP revision from February 28, 2018, to March 30, 2018, and 
received two comments. Missouri did not make any changes to the 
rescission based on the comments received. In addition, as explained 
above, the revision meets the substantive SIP requirements of the CAA, 
including section 110 and implementing regulations.

IV. What is the EPA's response to comment received?

    The public comment period opened on the date of publication of the 
EPA's proposed rule in the Federal Register, July 2, 2019, and closed 
on August 1, 2019 See 84 FR 31538. During this period, the EPA received 
one comment. The comment can be found in the docket to this rulemaking.
    Comment: The commenter questioned whether the submittal was 
actually a complete SIP revision submittal. Additionally, the commenter 
believed that the record was incomplete because the submission included 
a portion of the transcript of the public hearing.
    Response: The commenter is concerned the submission was incomplete 
and asserted that the EPA should reopen the public comment period after 
Missouri submitted additional information. The commenter is looking for 
a demonstration that the rule rescission will not affect attainment and 
maintenance of the national ambient air quality standards and a 
complete transcript of the public hearing.
    First, the EPA agrees with the commenter that Missouri did not 
include a demonstration with its submission as indicated in its's own 
response to comment (published in the Missouri Register and included in 
the docket to this rulemaking). However, the EPA determined that the 
additional information was not necessary to move forward with SIP 
revision request. As noted in the notice of proposed rulemaking, 
Missouri's state rule--10-5.450, Control of VOC Emissions from Traffic 
Coatings--was replaced with a reliance on the Federal rule at 40 CFR 
part 59, subpart D--National Volatile Organic Compound Emission 
Standard for Architectural Coatings. Both rules have an identical limit 
of one hundred fifty (150) grams of volatile organic compounds per 
liter of coating and one point twenty-six (1.26) pounds per gallon. The 
Federal rule became effective on September 11, 1998 (63 FR 48877, 
August 11, 2004). The State rule was approved into the SIP in 2000 (65 
FR 8060, February 17, 2000). Because the Federal rule applies to 
sources in Missouri, the State rule was duplicative, likely unnecessary 
at the time it was approved into the SIP, and as such, not necessary.
    Second, the commenter notes that Missouri included a portion of the 
transcript of the public hearing in its submission but not the whole 
transcript. The EPA believes this is an acceptable practice that meets 
the completeness criteria of 40 CFR part 51, appendix V. Section 2.1(g) 
of appendix V requires the State provide certification that a public 
hearing was held consistent with the public hearing requirements in 40 
CFR 51.102. 40 CFR 51.102(e) requires the State to prepare and retain, 
for inspection by the Administrator upon request, a record of each 
hearing. The record must contain, at a minimum, a list of witnesses 
with the text of each presentation. Neither the EPA Administrator, nor 
his designee, the Region 7 Regional Administrator, requested an 
inspection of the record of the hearing. Although the transcript is not 
required to meet completeness criteria, the State's website provides

[[Page 49671]]

contact information for obtaining a copy.

V. What action is the EPA taking?

    The EPA is ammending the Missouri SIP by rescinding 10 CSR 10-
5.450. Approval of this revision will ensure consistency between State 
and federally-approved rules. The rescission will not impact air 
quality as the State rule is duplicative of the Federal rule.

VI. Incorporation by Reference

    In this document, the EPA is amending regulatory text that includes 
incorporation by reference. As described in the amendments to 40 CFR 
part 52 set forth below, the EPA is removing 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.

VII. 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, the 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).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the 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).
    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 action 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 November 22, 2019. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action 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, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Dated: September 11, 2019.
Mike Brincks,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA amends 40 CFR part 
52 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart--AA Missouri


Sec.  52.1320  [Amended]

0
2. In Sec.  52.1320, the table in paragraph (c) is amended by removing 
the entry ``10-5.450'' under the heading ``Chapter 5-Air Quality 
Standards and Air Pollution Control Regulations for the St. Louis 
Metropolitan Area''.

[FR Doc. 2019-20320 Filed 9-20-19; 8:45 am]
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