[Federal Register Volume 85, Number 247 (Wednesday, December 23, 2020)]
[Proposed Rules]
[Pages 83877-83880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28119]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2020-0695; FRL-10018-78-Region 7]


Air Plan Approval; Missouri; Removal of Kansas City, Missouri 
Reid Vapor Pressure Requirement

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing 
approval of revision to the Missouri State Implementation Plan (SIP), 
submitted by the Missouri Department of Natural Resources (MoDNR) on 
September 15, 2020. The proposed revision removes the Kansas City, 
Missouri low Reid Vapor Pressure (RVP) requirement which required 
gasoline sold in the Kansas City, Missouri area to have a seven pounds 
per square inch Reid Vapor Pressure from June 1 to September 15. The 
majority of the state is subject to the Clean Air Act (CAA) nine pounds 
per square inch Reid Vapor Pressure from June 1 to September 15. If 
approved the Kansas City, Missouri area would be subject to the Clean 
Air Act Reid Vapor Pressure requirement. In addition, EPA anticipates 
issuing a separate proposal for the Kansas side of the Kansas City 
metro area.

DATES: Comments must be received on or before January 22, 2021.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2020-0695 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 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.

[[Page 83878]]

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. Background
V. What is the EPA's analysis of Missouri's SIP request?
VI. What action is the EPA taking?
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews

I. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2020-
0695, 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 a revision to the Missouri SIP, 
submitted by the MoDNR on September 15, 2020. The proposed revision 
removes the Kansas City, Missouri; Clay, Jackson, and Platte Counties; 
seven pounds per square inch (psi) Reid Vapor Pressure (RVP) 
requirement. The approved SIP, 10 CSR 10-2.330, requires gasoline sold 
in the three counties to have an RVP of seven psi or less from June 1 
through September 15.\1\ If the SIP revision is approved, the Kansas 
City, Missouri area would be subject to the CAA RVP requirement of nine 
psi or less from June 1 through September 15.\2\ Missouri has asked EPA 
to remove 10 CSR 10-2.330, Control of Gasoline Reid Vapor Pressure from 
the SIP.
---------------------------------------------------------------------------

    \1\ The Missouri rule allows an additional one psi for gasoline 
containing 9 to 10% ethanol.
    \2\ The CAA allows an additional one psi for gasoline containing 
up to 15% ethanol.
---------------------------------------------------------------------------

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 on this SIP revision from February 18, 
2020 to April 2, 2020 and received three comments. Missouri adequately 
responded to the comments but did not change the removal based on the 
comments. In addition, as explained below, the revision meets the 
substantive SIP requirements of the CAA, including section 110 and 
implementing regulations.

IV. Background

    The EPA established a 1-hour ozone NAAQS in 1971.\3\ 36 FR 8186 
(April 30, 1971). On March 3, 1978, the EPA designated Clay, Platte and 
Jackson counties (hereinafter referred to in this document as the 
``Kanas City area'') in nonattainment of the 1971 1-hour ozone NAAQS, 
as required by the CAA Amendments of 1977. 43 FR 8962 (March 3, 1978). 
On February 8, 1979, the EPA revised the 1-hour ozone NAAQS, referred 
to as the 1979 ozone NAAQS. 44 FR 8202 (February 8, 1979).
---------------------------------------------------------------------------

    \3\ The 1-hour ozone NAAQS was originally promulgated as a 
photochemical oxidant standard. See 36 FR 8186 (April 30, 1971). In 
1979, the EPA substituted the word ``ozone'' for ``photochemical 
oxidant''. See 44 FR 8202 (February 8, 1979). In doing so, the EPA 
stated that ``(t)he intent of the standard (total-oxidant 
reduction), the control strategies, and the index of Progress toward 
attainment (measured ozone levels) remain unchanged.'' Id. at 8203.
---------------------------------------------------------------------------

    The EPA redesignated the Kansas City area to attainment of the 1979 
1-hour ozone standard and approved the ozone maintenance plan on July 
23, 1992. 57 FR 27939 (June 23, 1992). Pursuant to section 175A of the 
CAA, the first 10-year maintenance period for the 1-hour ozone standard 
began on July 23, 1992, the effective date of the redesignation 
approval.
    In 1995, the Kansas City area violated the 1979 1-hour ozone 
standard. Missouri revised the control strategy and contingency 
measures in the maintenance plan, which was approved on June 24, 2002. 
67 FR 20036 (April 24, 2002). The revised control strategy included 10 
CSR 10-2.330, Control of Gasoline Reid Vapor Pressure.
    On January 1, 1997, Missouri adopted the seven and two tenths (7.2) 
pounds per square inch (psi) Reid Vapor Pressure (RVP) limit from June 
1 to September 15.\4\ EPA approved this rule into the SIP on April 24, 
1998.\5\ On April 3, 2001, Missouri revised the rule to seven (7.0) psi 
limit from June 1 to September 15.\6\ EPA approved this rule into the 
SIP on February 13, 2002.\7\
---------------------------------------------------------------------------

    \4\ The Missouri rule allowed an additional one psi for gasoline 
containing 9 to 10% ethanol.
    \5\ 63 FR 20318.
    \6\ The Missouri rule allows an additional one psi for gasoline 
containing 9 to 10% ethanol.
    \7\ 67 FR 6658.
---------------------------------------------------------------------------

    On April 30, 2004, the EPA published a final rule in the Federal 
Register stating the 1979 ozone NAAQS would no longer apply (i.e., 
would be revoked) for an area one year after the effective date of the 
area's designation for the 8-hour ozone NAAQS. 69 FR 23951 (April 30, 
2004). The Kansas City Area was designated as an unclassifiable area 
for the 1997 8-hour ozone NAAQS, effective June 15, 2004. See id. 
However, on May 3, 2005, EPA published a final rule designating the 
Kansas City area as an attainment area for the 1997 8-hour ozone NAAQS 
based on new monitoring data. See 70 FR 22801 (May 3, 2005). The 
effective date of the revocation of the 1979 1-hour ozone standard for 
the Kansas City area was June 15, 2005. See 70 FR 44470 (August 3, 
2005). Missouri achieved the required maintenance of the 1979 1-hour 
ozone standard in 2014.
    On September 15, 2020, Missouri requested that the EPA remove 10 
CSR 10-2.330 from the SIP. Section 110(l) of the CAA prohibits EPA from 
approving a SIP revision that interferes with any applicable 
requirement concerning attainment and reasonable further progress 
(RFP), or any other applicable requirement of the CAA.

V. What is the EPA's analysis of Missouri's SIP request?

    EPA is making the preliminary determination that the ozone NAAQS is 
the primary focus for the noninterference demonstration required by 
section 110(l) of the CAA because the RVP requirements result primarily 
in emissions benefits for VOCs and NOX. VOCs and 
NOX emissions are precursors for ozone. NOX 
emissions are precursors for particulate matter. NO2 is a 
component of NOX. There are no emissions reductions 
attributable to the emissions of carbon monoxide (CO), lead and sulfur 
dioxide (SO2) from RVP requirements.
    In Missouri's September 15, 2020 submission the State provided a 
technical demonstration to support the request to remove Missouri's 7.0 
psi RVP requirement from the active measures portions of the Missouri 
SIP. In that technical demonstration, Missouri provided Motor Vehicle 
Emissions Simulator (MOVES) results,

[[Page 83879]]

modeling the emissions of VOCs and NOX associated with 
changing the high ozone season RVP requirements from the state-level 
requirement of 7.0 psi to the federal requirement of 9.0 psi. EPA 
evaluated the state's assumptions and inputs used in MOVES, and EPA 
finds the state analysis is appropriate. Specifically, MDNR compared 
what the projected emissions in the year 2020 (the year the program is 
requested to be rescinded) would be, assuming a RVP level of 7.0 psi 
and 9.0 psi, respectively, in two separate modeling simulations. The 
comparison revealed an increase in emissions of 0.17 tons for 
NOX and 0.71 tons for VOC, per ozone season day, would 
result from the change to the federal requirement from June 1 through 
September 15. While the modeling showed a slight increase in 
NOX and VOC emissions resulting from the use of 9.0 psi RVP 
as opposed to 7.0 psi, the most appropriate analysis is whether 
emissions in the future years would increase and potentially interfere 
with maintenance of the NAAQS. The State compared actual emissions from 
2017 using a RVP of 7.0 psi to emissions modelled for the years 2020 
using a RVP of 9.0 psi. Table 1 below provides the results of this 
analysis.

                                                    Table 1--Comparative Emissions for Change to RVP
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    2017 7.0 psi RVP   2020 7.0 psi RVP   2020 9.0 psi RVP  Decrease in 2020 9.0 psi RVP
                                                                    (tons per ozone    (tons per ozone    (tons per ozone   compared to 2017 7.0 psi RVP
                                                                      season day)        season day)        season day)      (tons per ozone season day)
--------------------------------------------------------------------------------------------------------------------------------------------------------
NOX..............................................................              57.01              43.51              43.68                         13.33
VOC..............................................................              31.25              28.11              28.82                          2.43
--------------------------------------------------------------------------------------------------------------------------------------------------------

    As Table 1 indicates, NOX and VOC emissions in the 
Kansas City Area would decrease from 2017 to 2020, even with the 
increase due to ozone season fuel RVP of 9.0 psi. The modeling 
demonstration shows the slight increase in emissions is being mitigated 
area-wide by a steady decrease in tailpipe emissions. This is the 
result of a cleaner new vehicle fleet replacing the older fleet \8\ and 
the decrease in the sulfur content in gasoline as required by EPA's 
Tier 3 motor vehicle emission and fuel standards, which were 
implemented beginning on January 1, 2017.\9\
---------------------------------------------------------------------------

    \8\ As vehicle owners purchase new vehicles, the older vehicles 
slowly are removed from the vehicles on the road. A used vehicle 
maybe purchased and driven by several owner, but eventually the 
older, more polluting vehicles are removed from the road. 
Manufactures' fleets in 1994 are allowed 0.6 gram/mile 
NOX emissions. Manufactures' fleets in 2004 are allowed 
0.07 gram/mile Nox emissions. Manufactures' fleets in 2025 will be 
allowed 0.03 gram/mile NOX emissions.
    \9\ Control of Air Pollution From Motor Vehicles: Tier 3 Motor 
Vehicle Emission and Fuel Standards (See 79 FR 23414, April 28, 
2014.)
---------------------------------------------------------------------------

    The Kansas City, Missouri area is designated attainment/
unclassifiable or attainment for the 1979, 1997, 2008, and 2015 ozone 
standards. While the 1979 maintenance plan is approved into the SIP, 
the 1979 NAAQS has been revoked for the Kansas City area. There are no 
other ozone maintenance plans for the Kansas City area in the SIP. The 
highest monitor design value in the Kansas City area is 68 parts per 
billion (ppb), which is below the 2015 ozone NAAQS of 70 ppb.\10\ Based 
on the state's modeling analysis, along with air quality data, EPA is 
making the preliminary determination that the slight increase in 
NOX and VOC emissions resulting from the use of 9.0 psi RVP 
fuel will not interfere with the Kansas City area's ability to maintain 
the ozone NAAQS, or any other applicable requirement. The EPA is making 
this determination based on MOVES modeling that indicates that on-road 
VOC and NOX emissions in 2020 with gasoline meeting the 9.0 
psi RVP requirement remain below the emissions levels in 2017, a year 
in which the area's design value was also below the 2015 ozone standard 
of 70 ppb.
---------------------------------------------------------------------------

    \10\ Based on the most recent quality assured data design values 
(2017-2019).
---------------------------------------------------------------------------

    The Kansas City area is designated as attainment or unclassifiable 
for the 2006 24-hour PM2.5, 2012 annual PM2.5, 
1971 annual NO2, and 2010 1-hour NO2 standards. 
There are no maintenance plans for any of these standards. The highest 
PM2.5 design value is 75% of the standard. The highest 
NO2 design value is 50% of the standard. As discussed above 
the area has a decrease from 2017 to 2020 in NOX and VOC 
emissions. Based on this data together with air quality data, EPA is 
making the preliminary determination that the slight increase in 
NOX and VOC emissions in 2020 and the downward trend in on-
road VOC and NOX emissions resulting from this change will 
not interfere with the Area's ability to maintain the any 
PM2.5 or NO2 NAAQS, or any other applicable 
requirement.
    The Platte and Clay Counties of the Kansas City area are designated 
as attainment or unclassifiable for the SO2 standards. 
Jackson county is designated as nonattainment. There are no maintenance 
plans for any of these standards. The most recent (2017-2019) highest 
SO2 design value is in Jackson County and is less than 15% 
of the standard. The RVP standard has no effect on SO2 
emissions. Based on this data together with air quality data, EPA is 
making the preliminary determination that the change will not interfere 
with the Area's ability to attain or maintain the SO2 NAAQS, 
or any other applicable requirement.
    The Kansas City area is designated as attainment or unclassifiable 
for the CO and lead standards. There are no maintenance plans for any 
of these standards. The highest CO design value is less than 20% of the 
standard. There is no lead monitoring in the area. The RVP standard has 
no effect on CO or lead emissions. Based on this data together with air 
quality data, EPA is making the preliminary determination that the 
change will not interfere with the area's ability to maintain the CO or 
lead NAAQS, or any other applicable requirement. EPA is making the 
preliminary determination that the change will not interfere with 
reasonable progress towards natural visibility in Missouri's Class 1 
areas nor any Class 1 area in another state Missouri impacts.

VI. What action is the EPA taking?

    We are proposing to approve Missouri's removal of the state RVP 
requirement from the SIP for the Kansas City, Missouri area. As 
discussed above the removal of the RVP requirement will not affect the 
area's ability to attain or maintain any air quality standard. 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.

VII. Incorporation by Reference

    In this document, the EPA is proposing to amend regulatory text 
that includes incorporation by reference. 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

[[Page 83880]]

Regulations from the Missouri State Implementation Plan, which is 
incorporated by reference in accordance with the requirements of 1 CFR 
part 51.

VIII. 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, 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: December 14, 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

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 ``10-2.330'' under the heading ``Chapter 2-Air Quality 
Standards and Air Pollution Control Regulations for the Kansas City 
Metropolitan Area''.
0
3. In Sec.  52.1323, paragraph (n) is revised to read as follows:


Sec.  52.1323  Approval status.

* * * * *
    (n) Missouri rule 10 CSR 10-2.330 was rescinded on January 22, 
2021.
* * * * *
[FR Doc. 2020-28119 Filed 12-22-20; 8:45 am]
BILLING CODE 6560-50-P