[Federal Register Volume 86, Number 140 (Monday, July 26, 2021)]
[Rules and Regulations]
[Pages 39978-39979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15724]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2021-0332; FRL-8717-02-R7]


Air Plan Approval; Missouri; Removal of Control of Emissions From 
the Application of Deadeners and Adhesives

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 Missouri State Implementation Plan 
(SIP) submitted by the State of Missouri on January 15, 2019, and 
supplemented by letter on July 11, 2019. Missouri requests that the EPA 
remove a rule related to control of emissions from the application of 
deadeners and adhesives in the St. Louis, Missouri area from its SIP. 
This rescission does not have an adverse effect on air quality and 
meets the requirements of the Clean Air Act (CAA). The EPA's approval 
of this rule revision is in accordance with the requirements of the 
CAA.

DATES: This final rule is effective on August 25, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2021-0332. 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: Ashley Keas, Environmental Protection 
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-7629; 
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) 10-5.370, Control of Emissions from the Application of Deadeners 
and Adhesives, from the Missouri SIP. As explained in detail in the 
EPA's proposed rule, Missouri has demonstrated that removal of 10 CSR 
10-5.370 will not interfere with attainment of the National Ambient Air 
Quality Standards (NAAQS), reasonable further progress or any other 
applicable requirement of the CAA because the single source subject to 
the rule has permanently ceased operations and removal of the rule will 
not cause VOC emissions to increase. 86 FR 26450, May 14, 2021. The 
public comment period on the EPA's proposed rule opened May 14, 2021, 
the date of its publication in the Federal Register and closed on June 
14, 2021. During this period, the EPA received no comments. Therefore 
the EPA is finalizing its proposal to remove 10 CSR 10-5.370 from the 
Missouri 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 June 25, 
2018, to August 2, 2018, and held a public hearing on July 26, 2018. 
Missouri 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 July 
11, 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 10-5.370 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 Regulations from the Missouri 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, EPA's role is to approve state choices,

[[Page 39979]]

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 cause disproportionate human health or 
environmental effects, as applicable 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).
    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. 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 September 24, 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: July 19, 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


Sec.  52.1320  [Amended]

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2. In Sec.  52.1320, the table in paragraph (c) is amended by removing 
the entry ``10-5.370'' under the heading ``Chapter 5--Air Quality 
Standards and Air Pollution Control Regulations for the St. Louis 
Metropolitan Area''.

[FR Doc. 2021-15724 Filed 7-23-21; 8:45 am]
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