Air Plan Approval; Missouri; Removal of Control of Emissions From the Application of Automotive Underbody Deadeners |
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James Gulliford
Environmental Protection Agency
1 May 2020
[Federal Register Volume 85, Number 85 (Friday, May 1, 2020)]
[Rules and Regulations]
[Pages 25301-25302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08421]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2020-0039; FRL-10008-22--Region 7]
Air Plan Approval; Missouri; Removal of Control of Emissions From
the Application of Automotive Underbody Deadeners
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)
revision submitted by the State of Missouri on December 3, 2018, and
supplemented by letter on May 22, 2019. Missouri requests that the EPA
remove a rule related to control of emissions from the application of
automotive underbody deadeners 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).
DATES: This final rule is effective on June 1, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2020-0039. 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: Will Stone, Environmental Protection
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-7714; email
address stone.william@epa.gov.
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. The EPA's Response to Comments
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. 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) 10-2.310, Control of Emissions from the Application of Automotive
Underbody Deadeners, from the Missouri SIP. As explained in detail in
the EPA's proposed rule, Missouri has demonstrated that removal of 10
CSR 10-2.310 will not interfere with attainment of the NAAQS,
reasonable further progress \1\ 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. 85 FR 8230, February 13, 2020. Therefore the EPA is
finalizing its proposal to remove 10 CSR 10-2.310 from the SIP.
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\1\ Reasonable further progress is not applicable to the Kansas
City Area because the area is in attainment of all applicable ozone
standards.
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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
[[Page 25302]]
accordance with section 110(l) of the CAA. Missouri's May 22, 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. The EPA's Response to Comments
The public comment period on the EPA's proposed rule opened
February 13, 2020, the date of its publication in the Federal Register
and closed on March 16, 2020. During this period, the EPA received
three comments. Two comments were not substantive and do not require a
response from the EPA. The remaining comment is addressed in this
document.
Comment: How has the EPA confirmed that the facility that was
subject to this rule is decommissioned and is no longer subject to 10
CSR 10-2.310?
Response: The EPA confirmed that the facility subject to this rule
was decommissioned based on a publicly available source of information
that confirms that General Motors no longer owns the automotive
manufacturing facility. EPA has concluded that General Motors is no
longer subject to 10 CSR 10-2.310. A copy of the August 2000 remedial
action report in support of this statement is added to the docket.
IV. What action is the EPA taking?
The EPA is taking final action to approve Missouri's request to
remove 10 CSR 10-2.310 from the SIP.
V. 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 State Implementation
Plan, which is incorporated by reference in accordance with the
requirements of 1 CFR part 51.
VI. 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,
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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
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).
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 March 24, 2020. 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: April 16, 2020.
James Gulliford,
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 ``10-2.310'' under the heading ``Chapter 2--Air Quality
Standards and Air Pollution Control Regulations for the Kansas City
Metropolitan Area''.
[FR Doc. 2020-08421 Filed 4-30-20; 8:45 am]
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