Air Plan Approval; Missouri; Revocation of Kansas City Area Transportation Conformity Requirements Plans, 54035-54037 [2019-21701]
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Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Rules and Regulations
553(b)(3)(B)) to amend this table
without further notice and comment.
I. National Technology Transfer and
Advancement Act (NTTAA)
C. Regulatory Flexibility Act (RFA)
NTTAA section 12(d) (15 U.S.C. 272
note) does not apply to this action
because it does not involve any
technical standards.
Since this rule eliminates a reporting
requirement, the Agency certifies
pursuant to RFA section 605(b) (5
U.S.C.601 et seq.), that this SNUR
revocation will not have a significant
economic impact on a substantial
number of small entities.
D. Unfunded Mandates Reform Act
(UMRA)
For the same reasons, this action does
not require any action under UMRA
sections 202, 203, 204, or 205 (2 U.S.C.
1501 et seq.).
E. Executive Order 13132: Federalism
This action does not have a
substantial direct effect on States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999).
This action does not entail special
considerations of environmental justice
related issues as delineated by
Executive Order 12898 (59 FR 7629,
February 16, 1994).
K. Congressional Review Act (CRA)
Pursuant to the CRA (5 U.S.C. 801 et
seq.), EPA will submit a report
containing this rule 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. This action is not
a ‘‘major rule’’ as defined by 5 U.S.C.
804(2).
List of Subjects
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
40 CFR Part 9
This action does not have Tribal
implications because it is not expected
to have substantial direct effects on
Indian Tribes. This action does not
significantly nor uniquely affect the
Indian Tribal governments, nor does it
involve or impose any requirements that
affect Indian Tribes. Accordingly, the
requirements of Executive Order 13175
(65 FR 67249, November 9, 2000), do
not apply to this action.
40 CFR Part 721
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
This action is not subject to Executive
Order 13045 (62 FR 19885, April 23,
1997), because this is not an
economically significant regulatory
action as defined under Executive Order
12866, and it does not address
environmental health or safety risks
disproportionately affecting children.
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J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
15:56 Oct 08, 2019
Jkt 250001
Environmental protection, Chemicals,
Hazardous substances, Reporting and
recordkeeping requirements.
Dated: September 26, 2019.
Tala Henry,
Deputy Director, Office of Pollution
Prevention and Toxics.
Therefore, 40 CFR parts 9 and 721 are
amended as follows:
PART 9—[AMENDED]
1. The authority citation for part 9
continues to read as follows:
■
Authority: 7 U.S.C. 135 et seq., 136–136y;
15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671;
21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318,
1321, 1326, 1330, 1342, 1344, 1345 (d) and
(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,
1971–1975 Comp. p. 973; 42 U.S.C. 241,
242b, 243, 246, 300f, 300g, 300g–1, 300g–2,
300g–3, 300g–4, 300g–5, 300g–6, 300j–1,
300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq.,
6901–6992k, 7401–7671q, 7542, 9601–9657,
11023, 11048.
§ 9.1
This action is not subject to Executive
Order 13211 (66 FR 28355, May 22,
2001), because this action is not
expected to affect energy supply,
distribution, or use.
VerDate Sep<11>2014
Environmental protection, Reporting
and recordkeeping requirements.
[Amended]
2. In § 9.1, remove the listing for
§ 721.10691 that appears in numerical
order under the undesignated center
heading ‘‘Significant New Uses of
Chemical Substances.’’
■
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54035
PART 721—[AMENDED]
3. The authority citation for part 721
continues to read as follows:
■
Authority: 15 U.S.C. 2604, 2607, and
2625(c).
§ 721.10691
■
[Removed]
4. Remove § 721.10691.
[FR Doc. 2019–21717 Filed 10–8–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2019–0339; FRL–10000–
76–Region 7]
Air Plan Approval; Missouri;
Revocation of Kansas City Area
Transportation Conformity
Requirements Plans
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the State
Implementation Plan (SIP) for the State
of Missouri. This final action will
amend the SIP to remove the
transportation conformity rule for the
Kansas City Area—Clay, Platte and
Jackson Counties.
DATES: This final rule is effective on
November 8, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2019–0339. 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: Jed
D. Wolkins, Environmental Protection
Agency, Region 7 Office, Air Quality
Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
(913) 551–7588, or by email at
wolkins.jed@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA.
SUMMARY:
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54036
Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Rules and Regulations
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
khammond on DSKJM1Z7X2PROD with RULES
I. What is being addressed in this
document?
The EPA is approving the removal of
10 CSR 10–2.390 Kansas City Area
Transportation Conformity
Requirements from the Missouri State
Implementation Plan (SIP). Missouri
submitted the SIP revision on January
14, 2019. Pursuant to the code of
Federal regulations at 40 CFR 93.102 (b)
transportation conformity must be
conducted in all nonattainment and
maintenance areas and States must
adopt State Plans to conduct
transportation conformity. The Kansas
City Area—Clay, Jackson, and Platte
Counties—was designated
nonattainment for the 1979 one-hour (1hr) ozone National Ambient Air Quality
Standard (NAAQS) (43 FR 8962, March
3, 1978). On July 23, 1992, the Kansas
City Area was redesignated as
attainment of the 1979 1-hr NAAQS and
its first 10-year maintenance plan was
approved (57 FR 27939, June 23, 1992).
Pursuant to CAA section 175A, the first
10-year maintenance period began on
July 23, 1992, the effective date of the
redesignation approval. The second
maintenance period plan was effective
February 12, 2004 (69 FR 1921, January
13, 2004). On April 30, 2004, EPA
revoked the 1-hr standard (69 FR 23951,
April 30, 2004). Upon the effective date
of the revocation, both the second 10year maintenance period and the
requirement for transportation
conformity in the Kansas City Area
ended. Pursuant to 40 CFR 51.905(e)(3),
because the Kansas City Area is in
attainment for all NAAQS, the Kansas
City Area Transportation Conformity
Requirements are no longer required. If
in the future, the Kansas City Area was
determined to be nonattainment with a
standard requiring conformity, the State
would have to develop new
transportation conformity requirements.
Furthermore, the Kansas City Area
Transportation Conformity
Requirements are not relied on in any
other maintenance or attainment plan.
The proposed rule did not include this
detail of the history of the 1-hr standard
however, we have included it here for
completeness. This additional history
supports EPA’s final action.
VerDate Sep<11>2014
15:56 Oct 08, 2019
Jkt 250001
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 submission also
satisfied the completeness criteria of 40
CFR part 51, appendix V. The state
provided public notice from May 15,
2018 to August 2, 2018 and received no
comments on this rule. 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 July 9,
2019, the date of its publication in the
Federal Register, and closed on August
8, 2019. During this period, the EPA
received two comments. One comment
was in support of the action and the
other was adverse. The EPA is providing
response to the adverse comment. Both
comments can be found in the docket to
this rulemaking.
Comment 1: One commenter
supported the action.
Response 1: Because this comment is
in support of the action, no response is
necessary.
Comment 2: One commenter
suggested EPA review a variety of
Missouri State Implementation Plans for
reliance on the Kansas City Area
Transportation Conformity
Requirements.
Response 2: We believe the
commenter’s reference to ‘‘50 CFR
52.1320’’ is a typographical error and
should instead reference 40 CFR part 52.
EPA has reviewed the Missouri plans
listed in the comment. Only two of
those plans relied on the Kansas City
Area transportation conformity
requirements. The plans are listed at 40
CFR 52.1320(e)(46) Maintenance Plan
for the 1-hour ozone standard in the
Missouri portion of the Kansas City
maintenance area for the second tenyear period; and 40 CFR 52.1320(e)(50)
Revision to Maintenance Plan for the 1hour ozone standard in the Missouri
portion of the Kansas City maintenance
area for the second ten-year period. Both
regulatory citations relate to the
Maintenance Plan for the 1-hr ozone
standard in the Missouri portion of the
Kansas City maintenance area for the
second ten-year period, and that period
has ended. (69 FR 1921, January 13,
2004, and 71 FR 36210, June 26, 2006).
The Kansas City Area transportation
conformity requirements are not relied
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on in any other maintenance or
attainment plan. As discussed above
and in the proposed action for this
rulemaking, Kansas City Area
transportation conformity requirements
are no longer required because the
Kansas City Area is in attainment for all
NAAQS.
IV. What action is the EPA taking?
The EPA is taking final action to
amend the Missouri SIP to remove the
transportation conformity rule for the
Kansas City Area.
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 Regulations 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 Clean Air Act, 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);
E:\FR\FM\09OCR1.SGM
09OCR1
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Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Rules and Regulations
• 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 the 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).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the 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. The 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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by December 9,
2019. 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
VerDate Sep<11>2014
15:56 Oct 08, 2019
Jkt 250001
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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: September 30, 2019.
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
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart AA—Missouri
§ 52.1320
[Amended]
2. In § 52.1320, the table in paragraph
(c) is amended by removing the entry for
‘‘10–2.390’’ under the heading ‘‘Chapter
2—Air Quality Standards and Air
Pollution Control Regulations for the
Kansas City Metropolitan Area’’.
■
[FR Doc. 2019–21701 Filed 10–8–19; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL MARITIME COMMISSION
46 CFR Parts 501 and 502
[Docket No. 19–07]
RIN 3072–AC78
Delegations to Bureau of Enforcement
and Enforcement Procedures
Federal Maritime Commission.
Direct final rule; request for
comments.
AGENCY:
ACTION:
The Federal Maritime
Commission (Commission) is revising
its delegations to the Bureau of
Enforcement and its procedures for
initiating enforcement action in order to
facilitate Commission oversight.
DATES: The rule is effective without
further action on December 23, 2019,
unless significant adverse comments are
filed prior to November 8, 2019. If
significant adverse comments are
received, the Commission will publish a
timely withdrawal of the rule in the
SUMMARY:
PO 00000
Frm 00043
Fmt 4700
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54037
Federal Register no later than
November 25, 2019.
ADDRESSES: You may submit comments,
identified by Docket No. 19–07, by the
following methods:
• Email: secretary@fmc.gov. For
comments, include in the subject line:
‘‘Docket No. 19–07, Comments on
Delegations to Bureau of Enforcement
and Enforcement Procedures.’’
Comments should be attached to the
email as a Microsoft Word or textsearchable PDF document. Only nonconfidential and public versions of
confidential comments should be
submitted by email.
• Mail: Rachel E. Dickon, Secretary,
Federal Maritime Commission, 800
North Capitol Street NW, Washington,
DC 20573–0001.
Instructions: For detailed instructions
on submitting comments, including
requesting confidential treatment of
comments, and additional information
on the rulemaking process, see the
Public Participation heading of the
Supplementary Information section of
this document. Note that all comments
received will be posted without change
to the Commission’s website, unless the
commenter has requested confidential
treatment.
Docket: For access to the docket to
read background documents or
comments received, go to the
Commission’s Electronic Reading Room
at: https://www2.fmc.gov/readingroom/
proceeding/19–07/, or to the Docket
Activity Library at 800 North Capitol
Street NW, Washington, DC 20573,
between 9:00 a.m. and 5:00 p.m.,
Monday through Friday, except Federal
holidays. Telephone: (202) 523–5725.
FOR FURTHER INFORMATION CONTACT:
Rachel E. Dickon, Secretary; Phone:
(202) 523–5725; Email: secretary@
fmc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The Commission’s Bureau of
Enforcement (BOE) is responsible for
investigating potential violations of the
Shipping Act of 1984 and Commission
regulations, and initiating enforcement
actions. Such actions include formal
Commission proceedings and informal
compromises of civil penalties. While
Commission approval is necessary to
initiate formal Commission proceedings,
BOE currently has broad delegated
authority with respect to informal
enforcement action. Specifically, BOE
has the authority, with the approval of
the Commission’s Managing Director, to
send out Notice and Demand Letters
(NDLs) describing alleged violations and
demanding civil penalties, and to enter
E:\FR\FM\09OCR1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 196 (Wednesday, October 9, 2019)]
[Rules and Regulations]
[Pages 54035-54037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21701]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2019-0339; FRL-10000-76-Region 7]
Air Plan Approval; Missouri; Revocation of Kansas City Area
Transportation Conformity Requirements Plans
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the State Implementation Plan (SIP) for
the State of Missouri. This final action will amend the SIP to remove
the transportation conformity rule for the Kansas City Area--Clay,
Platte and Jackson Counties.
DATES: This final rule is effective on November 8, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2019-0339. 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: Jed D. Wolkins, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219 at (913) 551-7588, or by email
at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA.
[[Page 54036]]
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 CSR 10-2.390 Kansas City
Area Transportation Conformity Requirements from the Missouri State
Implementation Plan (SIP). Missouri submitted the SIP revision on
January 14, 2019. Pursuant to the code of Federal regulations at 40 CFR
93.102 (b) transportation conformity must be conducted in all
nonattainment and maintenance areas and States must adopt State Plans
to conduct transportation conformity. The Kansas City Area--Clay,
Jackson, and Platte Counties--was designated nonattainment for the 1979
one-hour (1-hr) ozone National Ambient Air Quality Standard (NAAQS) (43
FR 8962, March 3, 1978). On July 23, 1992, the Kansas City Area was
redesignated as attainment of the 1979 1-hr NAAQS and its first 10-year
maintenance plan was approved (57 FR 27939, June 23, 1992). Pursuant to
CAA section 175A, the first 10-year maintenance period began on July
23, 1992, the effective date of the redesignation approval. The second
maintenance period plan was effective February 12, 2004 (69 FR 1921,
January 13, 2004). On April 30, 2004, EPA revoked the 1-hr standard (69
FR 23951, April 30, 2004). Upon the effective date of the revocation,
both the second 10-year maintenance period and the requirement for
transportation conformity in the Kansas City Area ended. Pursuant to 40
CFR 51.905(e)(3), because the Kansas City Area is in attainment for all
NAAQS, the Kansas City Area Transportation Conformity Requirements are
no longer required. If in the future, the Kansas City Area was
determined to be nonattainment with a standard requiring conformity,
the State would have to develop new transportation conformity
requirements. Furthermore, the Kansas City Area Transportation
Conformity Requirements are not relied on in any other maintenance or
attainment plan. The proposed rule did not include this detail of the
history of the 1-hr standard however, we have included it here for
completeness. This additional history supports EPA's final action.
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
submission also satisfied the completeness criteria of 40 CFR part 51,
appendix V. The state provided public notice from May 15, 2018 to
August 2, 2018 and received no comments on this rule. 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 July 9,
2019, the date of its publication in the Federal Register, and closed
on August 8, 2019. During this period, the EPA received two comments.
One comment was in support of the action and the other was adverse. The
EPA is providing response to the adverse comment. Both comments can be
found in the docket to this rulemaking.
Comment 1: One commenter supported the action.
Response 1: Because this comment is in support of the action, no
response is necessary.
Comment 2: One commenter suggested EPA review a variety of Missouri
State Implementation Plans for reliance on the Kansas City Area
Transportation Conformity Requirements.
Response 2: We believe the commenter's reference to ``50 CFR
52.1320'' is a typographical error and should instead reference 40 CFR
part 52. EPA has reviewed the Missouri plans listed in the comment.
Only two of those plans relied on the Kansas City Area transportation
conformity requirements. The plans are listed at 40 CFR 52.1320(e)(46)
Maintenance Plan for the 1-hour ozone standard in the Missouri portion
of the Kansas City maintenance area for the second ten-year period; and
40 CFR 52.1320(e)(50) Revision to Maintenance Plan for the 1-hour ozone
standard in the Missouri portion of the Kansas City maintenance area
for the second ten-year period. Both regulatory citations relate to the
Maintenance Plan for the 1-hr ozone standard in the Missouri portion of
the Kansas City maintenance area for the second ten-year period, and
that period has ended. (69 FR 1921, January 13, 2004, and 71 FR 36210,
June 26, 2006). The Kansas City Area transportation conformity
requirements are not relied on in any other maintenance or attainment
plan. As discussed above and in the proposed action for this
rulemaking, Kansas City Area transportation conformity requirements are
no longer required because the Kansas City Area is in attainment for
all NAAQS.
IV. What action is the EPA taking?
The EPA is taking final action to amend the Missouri SIP to remove
the transportation conformity rule for the Kansas City Area.
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 Regulations 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 Clean Air Act, 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);
[[Page 54037]]
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 the 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).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the 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. The 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 9, 2019. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 30, 2019.
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
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]
0
2. In Sec. 52.1320, the table in paragraph (c) is amended by removing
the entry for ``10-2.390'' under the heading ``Chapter 2--Air Quality
Standards and Air Pollution Control Regulations for the Kansas City
Metropolitan Area''.
[FR Doc. 2019-21701 Filed 10-8-19; 8:45 am]
BILLING CODE 6560-50-P
