Air Plan Approval; Missouri; Removal of Kansas City, Missouri Reid Vapor Pressure Requirement |
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James Gulliford
Environmental Protection Agency
23 December 2020
[Federal Register Volume 85, Number 247 (Wednesday, December 23, 2020)]
[Proposed Rules]
[Pages 83877-83880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28119]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2020-0695; FRL-10018-78-Region 7]
Air Plan Approval; Missouri; Removal of Kansas City, Missouri
Reid Vapor Pressure Requirement
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval of revision to the Missouri State Implementation Plan (SIP),
submitted by the Missouri Department of Natural Resources (MoDNR) on
September 15, 2020. The proposed revision removes the Kansas City,
Missouri low Reid Vapor Pressure (RVP) requirement which required
gasoline sold in the Kansas City, Missouri area to have a seven pounds
per square inch Reid Vapor Pressure from June 1 to September 15. The
majority of the state is subject to the Clean Air Act (CAA) nine pounds
per square inch Reid Vapor Pressure from June 1 to September 15. If
approved the Kansas City, Missouri area would be subject to the Clean
Air Act Reid Vapor Pressure requirement. In addition, EPA anticipates
issuing a separate proposal for the Kansas side of the Kansas City
metro area.
DATES: Comments must be received on or before January 22, 2021.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2020-0695 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: Jed Wolkins, Environmental Protection
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-7588;
email address: wolkins.jed@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.
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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. Background
V. What is the EPA's analysis of Missouri's SIP request?
VI. What action is the EPA taking?
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2020-
0695, 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 a revision to the Missouri SIP,
submitted by the MoDNR on September 15, 2020. The proposed revision
removes the Kansas City, Missouri; Clay, Jackson, and Platte Counties;
seven pounds per square inch (psi) Reid Vapor Pressure (RVP)
requirement. The approved SIP, 10 CSR 10-2.330, requires gasoline sold
in the three counties to have an RVP of seven psi or less from June 1
through September 15.\1\ If the SIP revision is approved, the Kansas
City, Missouri area would be subject to the CAA RVP requirement of nine
psi or less from June 1 through September 15.\2\ Missouri has asked EPA
to remove 10 CSR 10-2.330, Control of Gasoline Reid Vapor Pressure from
the SIP.
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\1\ The Missouri rule allows an additional one psi for gasoline
containing 9 to 10% ethanol.
\2\ The CAA allows an additional one psi for gasoline containing
up to 15% ethanol.
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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 February 18,
2020 to April 2, 2020 and received three comments. Missouri adequately
responded to the comments but did not change the removal based on the
comments. In addition, as explained below, the revision meets the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations.
IV. Background
The EPA established a 1-hour ozone NAAQS in 1971.\3\ 36 FR 8186
(April 30, 1971). On March 3, 1978, the EPA designated Clay, Platte and
Jackson counties (hereinafter referred to in this document as the
``Kanas City area'') in nonattainment of the 1971 1-hour ozone NAAQS,
as required by the CAA Amendments of 1977. 43 FR 8962 (March 3, 1978).
On February 8, 1979, the EPA revised the 1-hour ozone NAAQS, referred
to as the 1979 ozone NAAQS. 44 FR 8202 (February 8, 1979).
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\3\ The 1-hour ozone NAAQS was originally promulgated as a
photochemical oxidant standard. See 36 FR 8186 (April 30, 1971). In
1979, the EPA substituted the word ``ozone'' for ``photochemical
oxidant''. See 44 FR 8202 (February 8, 1979). In doing so, the EPA
stated that ``(t)he intent of the standard (total-oxidant
reduction), the control strategies, and the index of Progress toward
attainment (measured ozone levels) remain unchanged.'' Id. at 8203.
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The EPA redesignated the Kansas City area to attainment of the 1979
1-hour ozone standard and approved the ozone maintenance plan on July
23, 1992. 57 FR 27939 (June 23, 1992). Pursuant to section 175A of the
CAA, the first 10-year maintenance period for the 1-hour ozone standard
began on July 23, 1992, the effective date of the redesignation
approval.
In 1995, the Kansas City area violated the 1979 1-hour ozone
standard. Missouri revised the control strategy and contingency
measures in the maintenance plan, which was approved on June 24, 2002.
67 FR 20036 (April 24, 2002). The revised control strategy included 10
CSR 10-2.330, Control of Gasoline Reid Vapor Pressure.
On January 1, 1997, Missouri adopted the seven and two tenths (7.2)
pounds per square inch (psi) Reid Vapor Pressure (RVP) limit from June
1 to September 15.\4\ EPA approved this rule into the SIP on April 24,
1998.\5\ On April 3, 2001, Missouri revised the rule to seven (7.0) psi
limit from June 1 to September 15.\6\ EPA approved this rule into the
SIP on February 13, 2002.\7\
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\4\ The Missouri rule allowed an additional one psi for gasoline
containing 9 to 10% ethanol.
\5\ 63 FR 20318.
\6\ The Missouri rule allows an additional one psi for gasoline
containing 9 to 10% ethanol.
\7\ 67 FR 6658.
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On April 30, 2004, the EPA published a final rule in the Federal
Register stating the 1979 ozone NAAQS would no longer apply (i.e.,
would be revoked) for an area one year after the effective date of the
area's designation for the 8-hour ozone NAAQS. 69 FR 23951 (April 30,
2004). The Kansas City Area was designated as an unclassifiable area
for the 1997 8-hour ozone NAAQS, effective June 15, 2004. See id.
However, on May 3, 2005, EPA published a final rule designating the
Kansas City area as an attainment area for the 1997 8-hour ozone NAAQS
based on new monitoring data. See 70 FR 22801 (May 3, 2005). The
effective date of the revocation of the 1979 1-hour ozone standard for
the Kansas City area was June 15, 2005. See 70 FR 44470 (August 3,
2005). Missouri achieved the required maintenance of the 1979 1-hour
ozone standard in 2014.
On September 15, 2020, Missouri requested that the EPA remove 10
CSR 10-2.330 from the SIP. Section 110(l) of the CAA prohibits EPA from
approving a SIP revision that interferes with any applicable
requirement concerning attainment and reasonable further progress
(RFP), or any other applicable requirement of the CAA.
V. What is the EPA's analysis of Missouri's SIP request?
EPA is making the preliminary determination that the ozone NAAQS is
the primary focus for the noninterference demonstration required by
section 110(l) of the CAA because the RVP requirements result primarily
in emissions benefits for VOCs and NOX. VOCs and
NOX emissions are precursors for ozone. NOX
emissions are precursors for particulate matter. NO2 is a
component of NOX. There are no emissions reductions
attributable to the emissions of carbon monoxide (CO), lead and sulfur
dioxide (SO2) from RVP requirements.
In Missouri's September 15, 2020 submission the State provided a
technical demonstration to support the request to remove Missouri's 7.0
psi RVP requirement from the active measures portions of the Missouri
SIP. In that technical demonstration, Missouri provided Motor Vehicle
Emissions Simulator (MOVES) results,
[[Page 83879]]
modeling the emissions of VOCs and NOX associated with
changing the high ozone season RVP requirements from the state-level
requirement of 7.0 psi to the federal requirement of 9.0 psi. EPA
evaluated the state's assumptions and inputs used in MOVES, and EPA
finds the state analysis is appropriate. Specifically, MDNR compared
what the projected emissions in the year 2020 (the year the program is
requested to be rescinded) would be, assuming a RVP level of 7.0 psi
and 9.0 psi, respectively, in two separate modeling simulations. The
comparison revealed an increase in emissions of 0.17 tons for
NOX and 0.71 tons for VOC, per ozone season day, would
result from the change to the federal requirement from June 1 through
September 15. While the modeling showed a slight increase in
NOX and VOC emissions resulting from the use of 9.0 psi RVP
as opposed to 7.0 psi, the most appropriate analysis is whether
emissions in the future years would increase and potentially interfere
with maintenance of the NAAQS. The State compared actual emissions from
2017 using a RVP of 7.0 psi to emissions modelled for the years 2020
using a RVP of 9.0 psi. Table 1 below provides the results of this
analysis.
Table 1--Comparative Emissions for Change to RVP
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2017 7.0 psi RVP 2020 7.0 psi RVP 2020 9.0 psi RVP Decrease in 2020 9.0 psi RVP
(tons per ozone (tons per ozone (tons per ozone compared to 2017 7.0 psi RVP
season day) season day) season day) (tons per ozone season day)
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NOX.............................................................. 57.01 43.51 43.68 13.33
VOC.............................................................. 31.25 28.11 28.82 2.43
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As Table 1 indicates, NOX and VOC emissions in the
Kansas City Area would decrease from 2017 to 2020, even with the
increase due to ozone season fuel RVP of 9.0 psi. The modeling
demonstration shows the slight increase in emissions is being mitigated
area-wide by a steady decrease in tailpipe emissions. This is the
result of a cleaner new vehicle fleet replacing the older fleet \8\ and
the decrease in the sulfur content in gasoline as required by EPA's
Tier 3 motor vehicle emission and fuel standards, which were
implemented beginning on January 1, 2017.\9\
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\8\ As vehicle owners purchase new vehicles, the older vehicles
slowly are removed from the vehicles on the road. A used vehicle
maybe purchased and driven by several owner, but eventually the
older, more polluting vehicles are removed from the road.
Manufactures' fleets in 1994 are allowed 0.6 gram/mile
NOX emissions. Manufactures' fleets in 2004 are allowed
0.07 gram/mile Nox emissions. Manufactures' fleets in 2025 will be
allowed 0.03 gram/mile NOX emissions.
\9\ Control of Air Pollution From Motor Vehicles: Tier 3 Motor
Vehicle Emission and Fuel Standards (See 79 FR 23414, April 28,
2014.)
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The Kansas City, Missouri area is designated attainment/
unclassifiable or attainment for the 1979, 1997, 2008, and 2015 ozone
standards. While the 1979 maintenance plan is approved into the SIP,
the 1979 NAAQS has been revoked for the Kansas City area. There are no
other ozone maintenance plans for the Kansas City area in the SIP. The
highest monitor design value in the Kansas City area is 68 parts per
billion (ppb), which is below the 2015 ozone NAAQS of 70 ppb.\10\ Based
on the state's modeling analysis, along with air quality data, EPA is
making the preliminary determination that the slight increase in
NOX and VOC emissions resulting from the use of 9.0 psi RVP
fuel will not interfere with the Kansas City area's ability to maintain
the ozone NAAQS, or any other applicable requirement. The EPA is making
this determination based on MOVES modeling that indicates that on-road
VOC and NOX emissions in 2020 with gasoline meeting the 9.0
psi RVP requirement remain below the emissions levels in 2017, a year
in which the area's design value was also below the 2015 ozone standard
of 70 ppb.
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\10\ Based on the most recent quality assured data design values
(2017-2019).
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The Kansas City area is designated as attainment or unclassifiable
for the 2006 24-hour PM2.5, 2012 annual PM2.5,
1971 annual NO2, and 2010 1-hour NO2 standards.
There are no maintenance plans for any of these standards. The highest
PM2.5 design value is 75% of the standard. The highest
NO2 design value is 50% of the standard. As discussed above
the area has a decrease from 2017 to 2020 in NOX and VOC
emissions. Based on this data together with air quality data, EPA is
making the preliminary determination that the slight increase in
NOX and VOC emissions in 2020 and the downward trend in on-
road VOC and NOX emissions resulting from this change will
not interfere with the Area's ability to maintain the any
PM2.5 or NO2 NAAQS, or any other applicable
requirement.
The Platte and Clay Counties of the Kansas City area are designated
as attainment or unclassifiable for the SO2 standards.
Jackson county is designated as nonattainment. There are no maintenance
plans for any of these standards. The most recent (2017-2019) highest
SO2 design value is in Jackson County and is less than 15%
of the standard. The RVP standard has no effect on SO2
emissions. Based on this data together with air quality data, EPA is
making the preliminary determination that the change will not interfere
with the Area's ability to attain or maintain the SO2 NAAQS,
or any other applicable requirement.
The Kansas City area is designated as attainment or unclassifiable
for the CO and lead standards. There are no maintenance plans for any
of these standards. The highest CO design value is less than 20% of the
standard. There is no lead monitoring in the area. The RVP standard has
no effect on CO or lead emissions. Based on this data together with air
quality data, EPA is making the preliminary determination that the
change will not interfere with the area's ability to maintain the CO or
lead NAAQS, or any other applicable requirement. EPA is making the
preliminary determination that the change will not interfere with
reasonable progress towards natural visibility in Missouri's Class 1
areas nor any Class 1 area in another state Missouri impacts.
VI. What action is the EPA taking?
We are proposing to approve Missouri's removal of the state RVP
requirement from the SIP for the Kansas City, Missouri area. As
discussed above the removal of the RVP requirement will not affect the
area's ability to attain or maintain any air quality standard. 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.
VII. Incorporation by Reference
In this document, the EPA is proposing to amend regulatory text
that includes incorporation by reference. As described in the proposed
amendments to 40 CFR part 52 set forth below, the EPA is proposing to
remove provisions of the EPA-Approved Missouri
[[Page 83880]]
Regulations from the Missouri State Implementation Plan, which is
incorporated by reference in accordance with the requirements of 1 CFR
part 51.
VIII. 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);
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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: December 14, 2020.
James Gulliford,
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
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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 ``10-2.330'' under the heading ``Chapter 2-Air Quality
Standards and Air Pollution Control Regulations for the Kansas City
Metropolitan Area''.
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3. In Sec. 52.1323, paragraph (n) is revised to read as follows:
Sec. 52.1323 Approval status.
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(n) Missouri rule 10 CSR 10-2.330 was rescinded on January 22,
2021.
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[FR Doc. 2020-28119 Filed 12-22-20; 8:45 am]
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