[Federal Register Volume 86, Number 87 (Friday, May 7, 2021)]
[Rules and Regulations]
[Pages 24503-24505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09387]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2021-0136; FRL-10023-01-Region 7]


Air Plan Approval; Missouri; Control of Volatile Organic Compound 
Emissions From Wood Furniture Manufacturing 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 February 15, 2019. This final action will 
amend the SIP to revise a Missouri regulation which restricts the 
emissions of volatile organic compounds from wood furniture 
manufacturing operations in St. Louis City and Jefferson, St. Charles, 
Franklin, and St. Louis Counties. These revisions do 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 June 7, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2021-0136. 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., 
confidential business information (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

[[Page 24504]]

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 revisions to the Missouri SIP received on 
February 15, 2019. The revisions are to Title 10, Division 10 of the 
Code of State Regulations, 10 CSR 10-5.530 ``Control of Volatile 
Organic Compound Emissions From Wood Furniture Manufacturing 
Operations'', which restricts the emissions of volatile organic 
compounds (VOC) from wood furniture manufacturing operations in St. 
Louis City and Jefferson, St. Charles, Franklin, and St. Louis Counties 
(hereinafter referred to in this document as the ``St. Louis Area''). 
The revisions to the rule specify that this rule only applies to 
sources that were existing at the time of the rule's promulgation, 
remove restrictive words, update references, and make minor 
clarifications and grammatical changes. The revisions are described in 
detail in the technical support document (TSD) included in the docket 
for this action. The EPA solicited comments on the proposed revision to 
Missouri's SIP, and received one comment that was supportive of the 
proposed action (86 FR 13264, March 8, 2021).

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 June 15, 2018, 
to September 6, 2018, and held a public hearing on August 30, 2018. The 
State received and addressed six comments from the EPA. As explained in 
more detail in the TSD which is included in the docket for this action, 
the SIP revision submission meets the substantive requirements of the 
CAA, including section 110 and implementing regulations.

III. What action is the EPA taking?

    The EPA is taking final action to amend the Missouri SIP by 
approving the State's request to revise 10 CSR 10-5.530 ``Control of 
Volatile Organic Compound Emissions From Wood Furniture Manufacturing 
Operations.''

IV. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that 
includes incorporation by reference. In accordance with requirements of 
1 CFR 51.5, the EPA is finalizing the incorporation by reference of the 
Missouri Regulations described in the 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).
    Therefore, these materials have been approved by the EPA for 
inclusion in the State Implementation Plan, have been incorporated by 
reference by EPA into that plan, are fully federally enforceable under 
sections 110 and 113 of the CAA as of the effective date of the final 
rulemaking of the EPA's approval, and will be incorporated by reference 
in the next update to the SIP compilation.\1\
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    \1\ 62 FR 27968, May 22, 1997.
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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 (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).
    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 July 6, 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

[[Page 24505]]

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: April 22, 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 revising 
the entry ``10-5.530'' to read as follows:


Sec.  52.1320  Identification of plan.

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    (c) * * *

                                        EPA-Approved Missouri Regulations
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                                                               State
       Missouri citation                  Title           effective date     EPA approval date      Explanation
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                                    Missouri Department of Natural Resources
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   Chapter 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
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                                                  * * * * * * *
10-5.530.......................  Control of Volatile           2/28/2019  5/7/2021, [insert
                                  Organic Compound                         Federal Register
                                  Emissions From Wood                      citation]
                                  Furniture
                                  Manufacturing
                                  Operations.
 
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[FR Doc. 2021-09387 Filed 5-6-21; 8:45 am]
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