[Federal Register Volume 85, Number 120 (Monday, June 22, 2020)]
[Proposed Rules]
[Pages 37411-37413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13049]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2020-0289; FRL-10010-55-Region 7]
Air Plan Approval; Missouri; Control of Emissions From Industrial
Surface Coating Operations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Missouri State Implementation Plan (SIP)
received on March 20, 2019. The submission revises a Missouri
regulation that restricts emissions of volatile organic compounds
(VOCs) from industrial surface coating operations in Clay, Jackson, and
Platte Counties in Missouri. Specifically, the revisions to the rule
remove unnecessary restrictive words, adds exemptions, including
definitions specific to the rule, corrects test method references,
removes obsolete requirements specific to sources that have closed,
changes sections to the standard rule format, and makes minor
clarifications and grammatical changes. The new exemptions are
consistent with the Control Techniques Guidelines (CTG) for several
types of surface coating or apply to activities that are regulated
under other federal or state regulations that limit emissions of VOCs.
The new exemptions are needed to make the rule consistent with the St.
Louis version of this rule, 10 Code of State Regulation
[[Page 37412]]
(CSR) 10-5.330 Industrial Surface Coating Operations. These exemptions
are not expected to result in an emission increase.
The other revisions are administrative in nature and do not impact
the stringency of the SIP or air quality. Approval of these revisions
will ensure consistency between State and federally-approved rules.
DATES: Comments must be received on or before July 22, 2020.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2020-0289 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: William Stone, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-
7714; 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-2020-
0289, 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 revisions to 10 CSR 10-2.230
``Control of Emissions from Industrial Surface Coating Operations'',
which restricts emissions of volatile organic compounds (VOCs) from
industrial surface coating operations in Clay, Jackson, and Platte
Counties in Missouri. These revisions are described in detail in the
technical support document (TSD) included in the docket for this
action.
Missouri received three comments from EPA during the comment
period. Missouri responded to all three comments, as noted in the State
submission included in the docket for this action. In response to EPA's
comments, Missouri submitted a letter providing supplemental
information regarding the revisions.
Therefore, the EPA is proposing to approve the revisions to this
rule because it will not have a negative impact on air quality.
III. Have the requirements for approval of a SIP revision been met?
The State submission has met the public notice requirements for SIP
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 of the revisions from August 1, 2018, to
October 4, 2018, and held a public hearing on September 27, 2018. The
state received and addressed eight comments. As explained in more
detail in the TSD which is part of this docket, the SIP revision
submission meets the substantive requirements of the CAA, including
section 110 and implementing regulations.
IV. What action is the EPA taking?
The EPA is proposing to amend the Missouri SIP by approving the
State's request to revise 10 CSR 10-2.230 ``Control of Emissions from
Industrial Surface Coating Operations''. Approval of these revisions
will ensure consistency between State and federally-approved rules. The
EPA has determined that these changes will not adversely impact air
quality.
The EPA is soliciting comment on the substantive and administrative
revisions detailed in this proposal and the TSD. The EPA is not
soliciting comment on existing rule text that has been previously
approved by the EPA into the SIP. Final rulemaking will occur after
consideration of any comments.
V. Incorporation by Reference
In this document, the EPA is proposing to include regulatory text
in an EPA final rule that includes incorporation by reference. In
accordance with the requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference the Missouri State Implementation Plan and
Supplemental modeling analyses described in the proposed amendments to
40 CFR part 52 set forth below. The EPA has made, and will continue to
make, these materials generally available through www.regulations.gov
and at the EPA Region 7 Office (please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section of this preamble for more
information).
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, the EPA's role is to approve State
choices, if 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
[[Page 37413]]
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, Incorporation by
reference, Volatile organic compounds.
Dated: June 10, 2020.
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 revising
the entry ``10-2.230'' to read as follows:
Sec. 52.1320 Identification of plan.
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(c) * * *
EPA-Approved Missouri Regulations
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State effective
Missouri citation Title date EPA approval date Explanation
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Missouri Department of Natural Resources
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Chapter 2--Air Quality Standards and Air Pollution Control Regulations for the Kansas City Metropolitan Area
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10-2.230........................ Control of 3/30/2019 [Date of publication of
Emissions from the final rule in the
Industrial Surface Federal Register],
Coating Operations. [Federal Register
citation of the final
rule].
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[FR Doc. 2020-13049 Filed 6-19-20; 8:45 am]
BILLING CODE 6560-50-P