[Federal Register Volume 86, Number 50 (Wednesday, March 17, 2021)]
[Rules and Regulations]
[Pages 14541-14542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05403]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2020-0620; FRL-10021-40-Region 7]


Air Plan Approval; Missouri; Removal of Control of Emissions From 
Solvent Cleanup Operations

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 State Implementation Plan (SIP) revision submitted 
by the State of Missouri on January 15, 2019, and supplemented by 
letter on June 14, 2019. Missouri requests that the EPA remove a rule 
related to control of emissions from the solvent cleanup operations in 
the Kansas City, Missouri area from its SIP. This removal does not have 
an adverse effect on air quality. The EPA's approval of this rule 
revision is in accordance with the requirements of the Clean Air Act 
(CAA) and will ensure consistency between state and federally-approved 
rules.

DATES: This final rule is effective on April 16, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2020-0620. 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: 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. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is the EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    The EPA is approving the removal of 10 Code of State Regulations 
(CSR) 10-2.215, Control of Emissions from Solvent Cleanup Operations, 
from the Missouri SIP.
    At the time that the rule was approved into the SIP, 10 CSR 10-
2.215 applied to any person in Clay, Jackson and Platte Counties in 
Missouri that performs or allows the performance of any cleaning 
operation involving the use of a volatile organic compound (VOC) 
solvent or solvent solution that emitted over 500 pounds per day of 
VOCs. According to the June 14, 2019 letter from the Missouri 
Department of Natural Resources, available in the docket for this 
action, Missouri rescinded the rule because there are no sources 
subject to the rule, and the rule is no longer necessary for attainment 
and maintenance of the 1979, 1997, or 2008 National Ambient Air Quality 
Standards (NAAQS) for Ozone.
    As explained in detail in the EPA's proposed rule, Missouri has 
demonstrated that removal of 10 CSR 10-2.215 will not interfere with 
attainment of the NAAQS, reasonable further progress \1\ or any other 
applicable requirement of the CAA because there are no existing sources 
that are subject to the rule, and therefore removal of the rule will 
not cause VOC emissions to increase. 85 FR 82995, December 21, 2020.
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    \1\ RFP is not applicable to the Kansas City Area because the 
area is in attainment of all applicable ozone standards.
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    The EPA solicited comments on the proposed revision to Missouri's 
SIP, and did not receive any comments. Therefore, the EPA is finalizing 
its proposal to remove 10 CSR 10-2.215 from the SIP.

II. 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 28, 
2018, to April 5, 2018 and received five comments from the EPA that 
related to Missouri's lack of an adequate demonstration that the rule 
could be removed from the SIP in accordance with section 110(l) of the 
CAA. Missouri's June 14, 2019 letter addressed the EPA's comments. In 
addition, the revision meets the substantive SIP requirements of the 
CAA, including section 110 and implementing regulations.

III. What action is the EPA taking?

    The EPA is taking final action to approve Missouri's request to 
remove 10 CSR 2.215 from the SIP.

IV. 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 Regulation from the Missouri

[[Page 14542]]

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

V. 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);
     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 (Public Law 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).
    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 17, 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 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: March 10, 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

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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


Sec.  52.1320  [Amended]

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2. In Sec.  52.1320, the table in paragraph (c) is amended by removing 
the entry ``10-2.215'' under the heading ``Chapter 2-Air Quality 
Standards and Air Pollution Control Regulations for the Kansas City 
Metropolitan Area''.

[FR Doc. 2021-05403 Filed 3-16-21; 8:45 am]
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