[Federal Register Volume 86, Number 47 (Friday, March 12, 2021)]
[Rules and Regulations]
[Pages 14007-14009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04764]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2020-0695; FRL-10021-11-Region 7]


Air Plan Approval; Missouri; Missouri Reid Vapor Pressure 
Requirement

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a revision to the State Implementation Plan (SIP) for 
the State of Missouri. This final action will amend the SIP to remove 
the Kansas City, Missouri low Reid Vapor Pressure (RVP) fuel 
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 
fuel requirement from June 1 to September 15. In addition, the EPA has 
issued a separate proposal for the Kansas side of the Kansas City 
metropolitan area.

DATES: This final rule is effective on April 12, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2020-0695. 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: 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. What is being addressed in this document?
II. Background
III. Have the requirements for approval of a SIP revision been met?
IV. What action is the EPA taking?
V. Impacts on the Boutique Fuels List
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    The EPA is approving a revision to the Missouri SIP, submitted by 
the Missouri Department of Natural Resources (MoDNR) on September 15, 
2020. The revision removes the seven pounds per square inch (psi) Reid 
Vapor Pressure (RVP) fuel requirement for the Kansas City, Missouri, 
area; consisting of Clay, Jackson, and Platte Counties. The former SIP-
approved rule, 10 CSR 10-2.330, required gasoline sold in the three 
counties to have a RVP of seven psi or less from June 1 through 
September 15. After the effective date of this final action, the Kansas 
City, Missouri area will only be subject to the CAA RVP fuel 
requirement of nine psi or less from June 1 through September 15.

II. Background

    The EPA established a 1-hour ozone national ambient air quality 
standard (NAAQS) in 1971.\1\ See 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 ``Kansas City area'') 
in nonattainment of the 1971 1-hour ozone NAAQS, as required by the CAA 
Amendments of 1977. See 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. See 44 FR 8202 (February 8, 1979).
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    \1\ 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.
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    The EPA redesignated the Kansas City area to attainment of the 1979 
1-hour ozone standard and approved Missouri's ozone maintenance plan 
for the Kansas City area on July 23, 1992. See 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. 
See 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) 
psi RVP limit from June 1 to September 15.\2\ The EPA approved this 
rule into the SIP on April 24, 1998.\3\ On April 3, 2001, Missouri 
revised the rule to seven (7.0) psi RVP limit from June 1 to September 
15.\4\ The EPA approved this rule into the SIP on February 13, 2002.\5\
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    \2\ The Missouri rule allowed an additional one psi for gasoline 
containing 9 to 10% ethanol.
    \3\ See 63 FR 20318.
    \4\ The Missouri rule allows an additional one psi for gasoline 
containing 9 to 10% ethanol.
    \5\ See 67 FR 6658.
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    On July 18, 1997, the EPA established a new 8-hour ozone NAAQS 
(hereafter the 1997 8-hour ozone NAAQS). See 62 FR 38856 (July 18, 
1997). This newly established 8-hour ozone NAAQS replaced the prior 1-
hour ozone NAAQS.
    On April 30, 2004, the EPA published a final rule in the Federal 
Register stating the 1979 1-hour 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 1997 8-hour ozone NAAQS. See 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, the 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 the 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. As detailed in 
the proposal, Missouri adequately demonstrated that removal of this 
rule will not affect the area's ability to attain or maintain any air 
quality standards.

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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 held a public hearing on March 26, 2020. 
Missouri received three comments. Missouri adequately responded to the 
comments but did not change the removal request based on the comments. 
In addition, as explained in the proposal, the revision meets the 
substantive SIP requirements of the CAA, including section 110 and 
implementing regulations.\6\
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    \6\ See 85 FR 83877 (December 23, 2020).
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IV. What action is the EPA taking?

    The EPA is taking final action to approve Missouri's removal of the 
state RVP requirement from the SIP for the Kansas City, Missouri area. 
As discussed in the proposal the removal of the RVP requirement will 
not affect the area's ability to attain or maintain any air quality 
standard.
    The EPA published the proposed approval of Missouri's removal of 
the state RVP requirement from the SIP for the Kansas City, Missouri 
area on December 23, 2020. The thirty-day public comment period closed 
on January 22, 2021. The EPA received no public comments on the 
proposal. However, the proposal contained an error concerning 40 CFR 
52.1323, paragraph (n), as it included a rescinded date, February 22, 
2021. The date should have contained a placeholder that indicated that 
the effective date of the rescission was 30 days following publication 
of the final rule in the Federal Register. We are noting the error here 
and are correcting 40 CFR 52.1323 paragraph (n) to reflect the correct 
effective date of the rescission.

V. Impacts on the Boutique Fuels List

    Section 1541(b) of the Energy Policy Act of 2005 required the EPA, 
in consultation with the U.S. Department of Energy, to determine the 
number of fuels programs approved into all SIPs as of September 1, 2004 
and to publish a list of such fuels. On December 28, 2006, the EPA 
published the original list of boutique fuels. See 71 FR 78192 
(December 28, 2006). On December 4, 2020 the EPA updated the list of 
boutique fuels to remove boutique fuels that were no longer in approved 
SIPs. See 85 FR 78412 (December 4, 2020). The EPA maintains the current 
list of boutique fuels on its website at: https://www.epa.gov/gasoline-standards/state-fuels. The boutique fuels list is based on a fuel type 
approach. CAA section 211(c)(4)(C)(v)(III) requires that the EPA remove 
a fuel from the published list if it is either identical to a Federal 
fuel or is removed from the SIP in which it is approved. Under the 
adopted fuel type approach, the EPA interpreted this requirement to 
mean that a fuel would have to be removed from all states' SIPs in 
which it was approved in order to remove the fuel type from the list. 
See 71 FR 78195 (December 28, 2006). The 7.0 psi RVP fuel program as 
approved into Missouri's SIP, is a fuel type that is included in the 
EPA's boutique fuel list. See 85 FR 78412 (December 4, 2020). 
Subsequent to the effective date of today's action, the EPA will update 
the State Fuels web page to remove Missouri's 7.0 psi RVP program from 
the list of boutique fuels.

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 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);
     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 the 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. The 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 May 11, 2021. 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

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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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: March 2, 2021.
Edward H. Chu,
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

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, add paragraph (n) to read as follows:


Sec.  52.1323   Approval status.

* * * * *
    (n) Missouri rule 10 CSR 10-2.330 was rescinded on April 12, 2021.
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[FR Doc. 2021-04764 Filed 3-11-21; 8:45 am]
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