[Federal Register Volume 87, Number 18 (Thursday, January 27, 2022)]
[Proposed Rules]
[Pages 4180-4182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01502]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2021-0953; FRL-9396-01-R7]


Air Plan Approval; Missouri; Control of Emissions From the 
Manufacturing of Paints, Varnishes, Lacquers, Enamels and Other Allied 
Surface Coating Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing 
approval of revisions to the Missouri State Implementation Plan (SIP) 
received on June 10, 2021. In the submission, Missouri requests to 
revise a regulation that controls emissions from facilities in St. 
Louis City and Jefferson, St. Charles, Franklin, and St. Louis 
Counties. The revisions to this rule include adding incorporations by 
reference to other State rules, including definitions specific to the 
rule, removing unnecessary words, making other administrative wording 
changes, and adding alternative test methods. These revisions do not 
impact the stringency of the SIP or air quality. Approval of these 
revisions will ensure consistency between state and federally approved 
rules.

DATES: Comments must be received on or before February 28, 2022.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2021-0953 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: Allie Donohue, Environmental 
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201 
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7986; email address: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to the EPA.

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. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2021-
0953, 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 revisions to 10 Code of State 
Regulation (CSR) 10-5.390, Control of Emissions from the Manufacturing 
of Paints, Varnishes, Lacquers, Enamels and Other Allied Surface 
Coating Products in the Missouri SIP. The revisions move previously 
SIP-approved definitions from 10 CSR 10-6.020, 40 CFR 63.11607, and 40 
CFR 63.5781 to this chapter to streamline the rule. The revisions also 
reorganize reporting and recordkeeping requirements to improve 
readability, add specific test methods applicable to sources subject to 
the rule, and make minor edits. The EPA's analysis of the revisions can 
be found in the technical support document (TSD) included in this 
docket.
    Missouri received four comments from EPA and one comment from the 
Missouri Department of Natural Resources' Air Pollution Control Program 
staff during the comment period. Missouri responded to all comments as 
noted in the State submission included in the docket for

[[Page 4181]]

this action. Missouri responded to EPA's comments and as described in 
the TSD for this action, amended the rule in response to some of EPA's 
comments. EPA finds that Missouri has adequately addressed the 
comments.
    Therefore, EPA is proposing to approve the revisions to this rule 
because it will not have a negative impact on air quality.

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 January 2, 2020 
to April 2, 2020 and received five comments. The State revised the rule 
based on the comments submitted. In addition, as explained above and in 
more detail in the TSD which is part of this docket, the revision meets 
the substantive SIP requirements of the CAA, including section 110 and 
implementing regulations.

IV. What action is the EPA taking?

    The EPA is proposing to approve Missouri's request to revise 10 CSR 
10-5.390. Because this rule was previously approved into Missouri's 
SIP, we are soliciting comments solely on the proposed revisions to the 
rule and not on the existing text that is approved into Missouri's SIP. 
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.

V. Incorporation by Reference

    In this document, the EPA is proposing to include regulatory text 
in an EPA final rule that includes incorporation by reference. In 
accordance with requirements of 1 CFR 51.5, the EPA is proposing to 
incorporate by reference the Missouri Regulations described in the 
proposed 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).

VI. 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 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, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: January 20, 2022.
Meghan A. McCollister,
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

0
2. In Sec.  52.1320, the table in paragraph (c) is amended by revising 
the entry ``10-5.390'' 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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[[Page 4182]]

 
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10-5.390................  Control of Emissions        9/30/2020  [Date of publication
                           from the                               of the final rule in
                           Manufacturing of                       the Federal
                           Paints, Varnishes,                     Register], [Federal
                           Lacquers, Enamels                      Register citation of
                           and Other Allied                       the final rule].
                           Surface Coating
                           Products.
 
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[FR Doc. 2022-01502 Filed 1-26-22; 8:45 am]
BILLING CODE 6560-50-P