Air Plan Approval; Missouri; Removal of Control of VOC Emissions From Traffic Coatings, 31538-31539 [2019-13371]

Download as PDF 31538 Federal Register / Vol. 84, No. 127 / Tuesday, July 2, 2019 / Proposed Rules (1) Requires the Tribe with jurisdiction over the land to maintain, at all times, the controlling interest in the TEDO; (2) Requires the Tribe (or the Tribe and one or more other Tribes the Tribal land of which is being developed) to own and control, at all times, a majority of the interest in the TEDO; and (3) Includes a statement that the TEDO is subject to the jurisdiction, laws, and authority of the Tribe. § 224.202 How must a TEDO submit an application for certification? A TEDO must submit an application and all supporting documents in written and electronic form to the Secretary at 1849 C Street NW, Washington, DC 20240, and TERA@bia.gov. § 224.203 What must the Secretary do upon receipt of an application for certification as a Tribal energy development organization? Within 90 days of receiving an application for certification as a TEDO, the Secretary must approve or disapprove the application. (b) Deliver a copy of the Certification to the applicant Tribe (or Tribes, as applicable); and (c) Publish the certification in the Federal Register. § 224.206 What is the effect of a TEDO receiving certification? Upon receiving certification under this subpart, a TEDO may enter into a lease, business agreement, or right-ofway with an Indian Tribe without Secretarial approval as long as: (a) The scope of the lease or business agreement does not exceed that of a TERA as established in § 224.85 of this part. (b) The scope of a right-of-way does not exceed that of a TERA as established in § 224.84 of this part. (c) The term of a lease, business agreement, or right-of-way does not exceed that of a TERA as established in § 224.86 of this part. Dated: May 30, 2019. Tara Sweeney, Assistant Secretary—Indian Affairs. [FR Doc. 2019–13265 Filed 7–1–19; 8:45 am] BILLING CODE 4337–15–P § 224.204 What criteria will the Secretary use to determine whether to approve an application for certification of a TEDO? The Secretary will approve the application for certification upon determining that the application contains the documentation required in § 224.201. khammond on DSKBBV9HB2PROD with PROPOSALS § 224.205 What must the Secretary do upon approval of an application for certification? If the Secretary approves an application for certification, the Secretary must do the following within 10 days of making the determination under § 224.203: (a) Issue a certification stating that: (1) The TEDO is organized under the laws of the Tribe and subject to the Tribe’s jurisdiction, laws, and authority; (2) The majority of the interest in the TEDO is owned and controlled by the Tribe (or the Tribe and one or more other Tribes) and the Tribal land of which is being developed; (3) The TEDO’s organizing document requires the Tribe with jurisdiction over the land to maintain, at all times, the controlling interest in the TEDO; (4) The TEDO’s organizing document requires the Tribe (or the Tribe and one or more other Tribes the Tribal land of which is being developed) to own and control, at all times, a majority of the interest in the TEDO; (5) The certification is issued under 25 U.S.C. 3504(h); and (6) Nothing in the certification waives the sovereign immunity of the Tribe. VerDate Sep<11>2014 16:06 Jul 01, 2019 Jkt 247001 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: Tracey Casburn, Environmental Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 551–7016; email address casburn.tracey@epa.gov. 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 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R07–OAR–2019–0336; FRL–9995–34– Region 7] Air Plan Approval; Missouri; Removal of Control of VOC Emissions From Traffic Coatings Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing approval of a State Implementation Plan (SIP) revision submitted by Missouri on December 3, 2018. Missouri requests that the EPA remove from its SIP a rule related to control of volatile organic compounds (VOCs) from traffic coatings. This rescission does not have an adverse effect on air quality. The EPA’s proposed approval of this rule revision is being done in accordance with the requirements of the Clean Air Act (CAA). DATES: Comments must be received on or before August 1, 2019. ADDRESSES: You may send comments, identified by Docket ID No. EPA–R07– OAR–2019–0336 to https:// www.regulations.gov. Follow the online instructions for submitting comments. Instructions: All submissions received must include the Docket ID No. for this SUMMARY: PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 Submit your comments, identified by Docket ID No. EPA–R07–OAR–2019– 0336, 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 the removal of 10 Code of State Regulation (CSR) 10–5.450, Control of VOC Emissions from Traffic Coatings, from the Missouri SIP. E:\FR\FM\02JYP1.SGM 02JYP1 Federal Register / Vol. 84, No. 127 / Tuesday, July 2, 2019 / Proposed Rules khammond on DSKBBV9HB2PROD with PROPOSALS Missouri rescinded the rule because the Federal rule at 40 CFR 59, subpart D—National Volatile Organic Compound Emission Standard for Architectural Coatings contains an identical limit of one hundred fifty (150) grams of VOCs per liter of coating and one point twenty-six (1.26) pounds per gallon. Enforcement of the rule is based on the ug/L standard. The Federal rule became effective on September 11, 1998 (63 FR 48877, August 11, 2004). Because the Federal rule applies to sources in Missouri, the state rule was duplicative and no longer necessary. The state rule was approved in 2000 (65 FR 8060, February 17, 2000). At that time, the Federal rule was also in place, therefore, the state rule was likely unnecessary at the time it was approved into the SIP. Missouri received two comments during the comment period. The EPA commented on the rule noting that the state rule was more stringent than the Federal rule related to the recordkeeping and reporting requirements. Missouri did not make any changes to the rescission based on the comments received. Upon further review, the EPA has analyzed both the state and Federal rule and determined that the Federal rule, as applied to Missouri, is protective of human health and the environment. The recordkeeping and reporting requirements are included in the Federal rule, which is still applicable. Those requirements did not apply to the sources the Missouri rule addressed. Therefore, the state SIP and current Federal rule were equivalent and removing the state rule will not make the requirements for these sources less stringent. Therefore, the EPA is proposing to approve the rescission of 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 February 28, 2018, to March 30, 2018, and received two comments. In addition, as explained above, 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 rescind 10 CSR 10–5.450 from the SIP because the VerDate Sep<11>2014 16:06 Jul 01, 2019 Jkt 247001 Federal rule provides the same air quality protection as the state rule and the state rule is duplicative of the Federal rule. 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 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 Regulations from the Missouri State Implementation Plan, which is incorporated by reference in accordance with the requirements of 1 CFR part 51. The EPA has made, and will continue to make the State Implementation Plan 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 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 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 31539 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, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: June 18, 2019. 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 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart—AA Missouri 2. In § 52.1320, the table in paragraph (c) is amended by removing the entry ‘‘10–5.450’’ under the heading ‘‘Chapter 5—Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area’’. ■ [FR Doc. 2019–13371 Filed 7–1–19; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\02JYP1.SGM 02JYP1

Agencies

[Federal Register Volume 84, Number 127 (Tuesday, July 2, 2019)]
[Proposed Rules]
[Pages 31538-31539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13371]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2019-0336; FRL-9995-34-Region 7]


Air Plan Approval; Missouri; Removal of Control of VOC Emissions 
From Traffic Coatings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing 
approval of a State Implementation Plan (SIP) revision submitted by 
Missouri on December 3, 2018. Missouri requests that the EPA remove 
from its SIP a rule related to control of volatile organic compounds 
(VOCs) from traffic coatings. This rescission does not have an adverse 
effect on air quality. The EPA's proposed approval of this rule 
revision is being done in accordance with the requirements of the Clean 
Air Act (CAA).

DATES: Comments must be received on or before August 1, 2019.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2019-0336 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: Tracey Casburn, Environmental 
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201 
Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-
7016; 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-2019-
0336, 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 the removal of 10 Code of State 
Regulation (CSR) 10-5.450, Control of VOC Emissions from Traffic 
Coatings, from the Missouri SIP.

[[Page 31539]]

    Missouri rescinded the rule because the Federal rule at 40 CFR 59, 
subpart D--National Volatile Organic Compound Emission Standard for 
Architectural Coatings contains an identical limit of one hundred fifty 
(150) grams of VOCs per liter of coating and one point twenty-six 
(1.26) pounds per gallon. Enforcement of the rule is based on the ug/L 
standard. The Federal rule became effective on September 11, 1998 (63 
FR 48877, August 11, 2004). Because the Federal rule applies to sources 
in Missouri, the state rule was duplicative and no longer necessary. 
The state rule was approved in 2000 (65 FR 8060, February 17, 2000). At 
that time, the Federal rule was also in place, therefore, the state 
rule was likely unnecessary at the time it was approved into the SIP.
    Missouri received two comments during the comment period. The EPA 
commented on the rule noting that the state rule was more stringent 
than the Federal rule related to the recordkeeping and reporting 
requirements. Missouri did not make any changes to the rescission based 
on the comments received.
    Upon further review, the EPA has analyzed both the state and 
Federal rule and determined that the Federal rule, as applied to 
Missouri, is protective of human health and the environment. The 
recordkeeping and reporting requirements are included in the Federal 
rule, which is still applicable. Those requirements did not apply to 
the sources the Missouri rule addressed. Therefore, the state SIP and 
current Federal rule were equivalent and removing the state rule will 
not make the requirements for these sources less stringent. Therefore, 
the EPA is proposing to approve the rescission of 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 February 28, 
2018, to March 30, 2018, and received two comments. In addition, as 
explained above, 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 rescind 10 
CSR 10-5.450 from the SIP because the Federal rule provides the same 
air quality protection as the state rule and the state rule is 
duplicative of the Federal rule. 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 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 Regulations from the 
Missouri State Implementation Plan, which is incorporated by reference 
in accordance with the requirements of 1 CFR part 51. The EPA has made, 
and will continue to make the State Implementation Plan 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 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, Incorporation by 
reference, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Dated: June 18, 2019.
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

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 removing 
the entry ``10-5.450'' under the heading ``Chapter 5--Air Quality 
Standards and Air Pollution Control Regulations for the St. Louis 
Metropolitan Area''.

[FR Doc. 2019-13371 Filed 7-1-19; 8:45 am]
BILLING CODE 6560-50-P
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