Air Plan Approval; Missouri; Missouri Reid Vapor Pressure Requirement, 14007-14009 [2021-04764]
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Federal Register / Vol. 86, No. 47 / Friday, March 12, 2021 / Rules and Regulations
III. Have the requirements for approval of a
SIP revision been met?
IV. What action is the EPA taking?
V. Impacts on the Boutique Fuels List
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2020–0695; FRL–10021–
11–Region 7]
Air Plan Approval; Missouri; Missouri
Reid Vapor Pressure Requirement
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 Kansas
City, Missouri low Reid Vapor Pressure
(RVP) fuel 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 fuel
requirement from June 1 to September
15. In addition, the EPA has issued a
separate proposal for the Kansas side of
the Kansas City metropolitan area.
DATES: This final rule is effective on
April 12, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2020–0695. 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;
telephone number: (913) 551–7588;
email address: wolkins.jed@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
SUMMARY:
Table of Contents
I. What is being addressed in this document?
II. Background
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I. What is being addressed in this
document?
The EPA is approving a revision to
the Missouri SIP, submitted by the
Missouri Department of Natural
Resources (MoDNR) on September 15,
2020. The revision removes the seven
pounds per square inch (psi) Reid Vapor
Pressure (RVP) fuel requirement for the
Kansas City, Missouri, area; consisting
of Clay, Jackson, and Platte Counties.
The former SIP-approved rule, 10 CSR
10–2.330, required gasoline sold in the
three counties to have a RVP of seven
psi or less from June 1 through
September 15. After the effective date of
this final action, the Kansas City,
Missouri area will only be subject to the
CAA RVP fuel requirement of nine psi
or less from June 1 through September
15.
II. Background
The EPA established a 1-hour ozone
national ambient air quality standard
(NAAQS) in 1971.1 See 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 ‘‘Kansas City area’’) in
nonattainment of the 1971 1-hour ozone
NAAQS, as required by the CAA
Amendments of 1977. See 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. See 44 FR 8202 (February 8,
1979).
The EPA redesignated the Kansas City
area to attainment of the 1979 1-hour
ozone standard and approved Missouri’s
ozone maintenance plan for the Kansas
City area on July 23, 1992. See 57 FR
27939 (June 23, 1992). Pursuant to
section 175A of the CAA, the first 10year 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
1 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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14007
maintenance plan, which was approved
on June 24, 2002. See 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) psi RVP
limit from June 1 to September 15.2 The
EPA approved this rule into the SIP on
April 24, 1998.3 On April 3, 2001,
Missouri revised the rule to seven (7.0)
psi RVP limit from June 1 to September
15.4 The EPA approved this rule into
the SIP on February 13, 2002.5
On July 18, 1997, the EPA established
a new 8-hour ozone NAAQS (hereafter
the 1997 8-hour ozone NAAQS). See 62
FR 38856 (July 18, 1997). This newly
established 8-hour ozone NAAQS
replaced the prior 1-hour ozone
NAAQS.
On April 30, 2004, the EPA published
a final rule in the Federal Register
stating the 1979 1-hour 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 1997 8-hour ozone NAAQS. See
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, the
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 1hour 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 the 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. As
detailed in the proposal, Missouri
adequately demonstrated that removal
of this rule will not affect the area’s
ability to attain or maintain any air
quality standards.
2 The Missouri rule allowed an additional one psi
for gasoline containing 9 to 10% ethanol.
3 See 63 FR 20318.
4 The Missouri rule allows an additional one psi
for gasoline containing 9 to 10% ethanol.
5 See 67 FR 6658.
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Federal Register / Vol. 86, No. 47 / Friday, March 12, 2021 / Rules and Regulations
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
held a public hearing on March 26,
2020. Missouri received three
comments. Missouri adequately
responded to the comments but did not
change the removal request based on the
comments. In addition, as explained in
the proposal, the revision meets the
substantive SIP requirements of the
CAA, including section 110 and
implementing regulations.6
IV. What action is the EPA taking?
The EPA is taking final action to
approve Missouri’s removal of the state
RVP requirement from the SIP for the
Kansas City, Missouri area. As
discussed in the proposal the removal of
the RVP requirement will not affect the
area’s ability to attain or maintain any
air quality standard.
The EPA published the proposed
approval of Missouri’s removal of the
state RVP requirement from the SIP for
the Kansas City, Missouri area on
December 23, 2020. The thirty-day
public comment period closed on
January 22, 2021. The EPA received no
public comments on the proposal.
However, the proposal contained an
error concerning 40 CFR 52.1323,
paragraph (n), as it included a rescinded
date, February 22, 2021. The date
should have contained a placeholder
that indicated that the effective date of
the rescission was 30 days following
publication of the final rule in the
Federal Register. We are noting the
error here and are correcting 40 CFR
52.1323 paragraph (n) to reflect the
correct effective date of the rescission.
V. Impacts on the Boutique Fuels List
Section 1541(b) of the Energy Policy
Act of 2005 required the EPA, in
consultation with the U.S. Department
of Energy, to determine the number of
fuels programs approved into all SIPs as
of September 1, 2004 and to publish a
list of such fuels. On December 28,
2006, the EPA published the original list
of boutique fuels. See 71 FR 78192
(December 28, 2006). On December 4,
2020 the EPA updated the list of
boutique fuels to remove boutique fuels
that were no longer in approved SIPs.
See 85 FR 78412 (December 4, 2020).
The EPA maintains the current list of
6 See
85 FR 83877 (December 23, 2020).
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boutique fuels on its website at: https://
www.epa.gov/gasoline-standards/statefuels. The boutique fuels list is based on
a fuel type approach. CAA section
211(c)(4)(C)(v)(III) requires that the EPA
remove a fuel from the published list if
it is either identical to a Federal fuel or
is removed from the SIP in which it is
approved. Under the adopted fuel type
approach, the EPA interpreted this
requirement to mean that a fuel would
have to be removed from all states’ SIPs
in which it was approved in order to
remove the fuel type from the list. See
71 FR 78195 (December 28, 2006). The
7.0 psi RVP fuel program as approved
into Missouri’s SIP, is a fuel type that
is included in the EPA’s boutique fuel
list. See 85 FR 78412 (December 4,
2020). Subsequent to the effective date
of today’s action, the EPA will update
the State Fuels web page to remove
Missouri’s 7.0 psi RVP program from the
list of boutique fuels.
VI. 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.
VII. 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.);
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• 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 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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by May 11, 2021. 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
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Federal Register / Vol. 86, No. 47 / Friday, March 12, 2021 / Rules and Regulations
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: March 2, 2021.
Edward H. Chu,
Acting 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
2. In § 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’’.
■ 3. In § 52.1323, add paragraph (n) to
read as follows:
■
§ 52.1323
Approval status.
*
*
*
*
*
(n) Missouri rule 10 CSR 10–2.330
was rescinded on April 12, 2021.
*
*
*
*
*
[FR Doc. 2021–04764 Filed 3–11–21; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8365
[212.LLAZP00000.L12200000.PM0000.
LXSSA3610000]
Final Supplementary Rules for
Selected Public Lands in Gila,
Maricopa, Pima, Pinal and Yavapai
Counties, AZ
Bureau of Land Management,
Interior.
ACTION: Final supplementary rules.
AGENCY:
VerDate Sep<11>2014
19:32 Mar 11, 2021
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The Bureau of Land
Management (BLM) is finalizing
supplementary rules on selected public
lands administered by the Hassayampa
and Lower Sonoran Field Offices. These
rules are being established by the
Arizona State Director of the BLM to
provide for public health and safety and
to reduce user conflicts within
developed recreation areas (or sites),
including recreational shooting sports
sites.
DATES: These supplementary rules are
effective April 12, 2021.
ADDRESSES: You may submit inquiries
by any of the following methods:
D Mail: BLM, Phoenix District,
Attention: Braden Yardley, 21605 North
7th Avenue, Phoenix, AZ 85027.
D Email: BLM_AZ_PDO@blm.gov.
FOR FURTHER INFORMATION CONTACT: John
(Jake) Szympruch, District Chief Law
Enforcement Ranger at email:
jszympru@blm.gov; Lane Cowger,
Hassayampa Field Office Manager at
email: lcowger@blm.gov; or Edward J.
Kender, Lower Sonoran Field Office
Manager at email: ekender@blm.gov; or
at 623–580–5500. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Relay
Service (FRS) at 1–800–877–8339 to
contact one of the above individuals.
The FRS is available 24 hours a day, 7
days a week, to leave a message or
question. You will receive a reply
during normal business hours.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
These final supplementary rules are
necessary for the protection of public
lands and resources and for the
protection, well-being, and health and
safety of those using public lands. In
January 2020, the BLM Phoenix District
approved the construction of five
recreational shooting sports sites (Baldy
Mountain, Box Canyon, Church Camp
Road, Narramore Road, and Saddleback
Mountain) in the Recreational Shooting
Sports Project Final Environmental
Assessment (EA). The EA supports the
establishment of the final
supplementary rules and is in
conformance with the two applicable
land use plans: The BradshawHarquahala Approved Resource
Management Plan and Record of
Decision (Bradshaw-Harquahala RMP
(BLM 2010)) and the Lower Sonoran
Approved Resource Management Plan
and Record of Decision (Lower Sonoran
RMP (BLM 2012)). As a result of
improvements, each site would meet the
‘‘developed recreation site and area’’
definition found in 43 Code of Federal
Regulations (CFR) 8360.0–5. Existing
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14009
rules associated with developed
recreation sites and areas (43 CFR part
8365) apply in addition to these final
supplementary rules.
To promote safe use and operation of
each site, these supplementary rules are
necessary to manage behavior. Within
developed recreation areas established
for recreational shooting sports, the
discharge of firearms is allowed where
authorized (see 43 CFR 8365.2–5). Each
recreation area will be posted with
appropriate signage at access points.
II. Discussion of Public Comments and
Final Supplementary Rules
The BLM Arizona State Director
proposed these supplementary rules in
the Federal Register on August 17, 2020
(85 FR 49995). Final supplementary
rules 1 through 4 apply to existing
developed recreation areas throughout
the Phoenix District, and to future
developed recreation areas. The rest of
the final supplementary rules apply
only to the recreational shooting sports
sites and any future recreational
shooting sports sites within the district.
The notice announced a 60-day public
comment period on the proposed
supplementary rules including the longterm closure of the Hazardous Exclusion
Areas to public entry for public safety.
The Hazardous Exclusion Area is the
area within a recreational shooting
sports site where errant/ricochet
projectiles could potentially land. The
BLM notified by email approximately
215 individuals, organizations, and
agencies of the comment period. This
notification included Arizona Game and
Fish Department and the Federal Lands
Hunting, Fishing and Shooting Sports
Roundtable. The BLM also published a
news release and legal notice
advertising the comment period. The
news release was published in the
Wickenburg Sun and Daily Independent
on August 17, 2020. The legal notice
was published in the Arizona Business
Gazette on August 20, 2020.
The comment period ended on
October 16, 2020. The BLM received 11
comment emails and letters to consider.
Most of the commenters supported the
supplementary rules without further
substantive comments. A coalition of 18
recreation and conservation
organizations endorsed the proposed
long-term closures as needed for public
safety. One commenter stated the longterm closure areas should be expanded.
According to the John D. Dingell, Jr.
Conservation, Management, and
Recreation Act, closures should be the
smallest area required for public safety.
The Hazardous Exclusion Areas were
based on Department of Energy
guidance for calculating areas that could
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]]>Agencies
[Federal Register Volume 86, Number 47 (Friday, March 12, 2021)]
[Rules and Regulations]
[Pages 14007-14009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04764]
[[Page 14007]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2020-0695; FRL-10021-11-Region 7]
Air Plan Approval; Missouri; Missouri Reid Vapor Pressure
Requirement
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 Kansas City, Missouri low Reid Vapor Pressure (RVP) fuel
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
fuel requirement from June 1 to September 15. In addition, the EPA has
issued a separate proposal for the Kansas side of the Kansas City
metropolitan area.
DATES: This final rule is effective on April 12, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2020-0695. 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; telephone number: (913) 551-
7588; email address: [email protected].
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. Background
III. Have the requirements for approval of a SIP revision been met?
IV. What action is the EPA taking?
V. Impacts on the Boutique Fuels List
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. What is being addressed in this document?
The EPA is approving a revision to the Missouri SIP, submitted by
the Missouri Department of Natural Resources (MoDNR) on September 15,
2020. The revision removes the seven pounds per square inch (psi) Reid
Vapor Pressure (RVP) fuel requirement for the Kansas City, Missouri,
area; consisting of Clay, Jackson, and Platte Counties. The former SIP-
approved rule, 10 CSR 10-2.330, required gasoline sold in the three
counties to have a RVP of seven psi or less from June 1 through
September 15. After the effective date of this final action, the Kansas
City, Missouri area will only be subject to the CAA RVP fuel
requirement of nine psi or less from June 1 through September 15.
II. Background
The EPA established a 1-hour ozone national ambient air quality
standard (NAAQS) in 1971.\1\ See 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 ``Kansas City area'')
in nonattainment of the 1971 1-hour ozone NAAQS, as required by the CAA
Amendments of 1977. See 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. See 44 FR 8202 (February 8, 1979).
---------------------------------------------------------------------------
\1\ 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.
---------------------------------------------------------------------------
The EPA redesignated the Kansas City area to attainment of the 1979
1-hour ozone standard and approved Missouri's ozone maintenance plan
for the Kansas City area on July 23, 1992. See 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.
See 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)
psi RVP limit from June 1 to September 15.\2\ The EPA approved this
rule into the SIP on April 24, 1998.\3\ On April 3, 2001, Missouri
revised the rule to seven (7.0) psi RVP limit from June 1 to September
15.\4\ The EPA approved this rule into the SIP on February 13, 2002.\5\
---------------------------------------------------------------------------
\2\ The Missouri rule allowed an additional one psi for gasoline
containing 9 to 10% ethanol.
\3\ See 63 FR 20318.
\4\ The Missouri rule allows an additional one psi for gasoline
containing 9 to 10% ethanol.
\5\ See 67 FR 6658.
---------------------------------------------------------------------------
On July 18, 1997, the EPA established a new 8-hour ozone NAAQS
(hereafter the 1997 8-hour ozone NAAQS). See 62 FR 38856 (July 18,
1997). This newly established 8-hour ozone NAAQS replaced the prior 1-
hour ozone NAAQS.
On April 30, 2004, the EPA published a final rule in the Federal
Register stating the 1979 1-hour 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 1997 8-hour ozone NAAQS. See 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, the 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 the 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. As detailed in
the proposal, Missouri adequately demonstrated that removal of this
rule will not affect the area's ability to attain or maintain any air
quality standards.
[[Page 14008]]
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 held a public hearing on March 26, 2020.
Missouri received three comments. Missouri adequately responded to the
comments but did not change the removal request based on the comments.
In addition, as explained in the proposal, the revision meets the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations.\6\
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\6\ See 85 FR 83877 (December 23, 2020).
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IV. What action is the EPA taking?
The EPA is taking final action to approve Missouri's removal of the
state RVP requirement from the SIP for the Kansas City, Missouri area.
As discussed in the proposal the removal of the RVP requirement will
not affect the area's ability to attain or maintain any air quality
standard.
The EPA published the proposed approval of Missouri's removal of
the state RVP requirement from the SIP for the Kansas City, Missouri
area on December 23, 2020. The thirty-day public comment period closed
on January 22, 2021. The EPA received no public comments on the
proposal. However, the proposal contained an error concerning 40 CFR
52.1323, paragraph (n), as it included a rescinded date, February 22,
2021. The date should have contained a placeholder that indicated that
the effective date of the rescission was 30 days following publication
of the final rule in the Federal Register. We are noting the error here
and are correcting 40 CFR 52.1323 paragraph (n) to reflect the correct
effective date of the rescission.
V. Impacts on the Boutique Fuels List
Section 1541(b) of the Energy Policy Act of 2005 required the EPA,
in consultation with the U.S. Department of Energy, to determine the
number of fuels programs approved into all SIPs as of September 1, 2004
and to publish a list of such fuels. On December 28, 2006, the EPA
published the original list of boutique fuels. See 71 FR 78192
(December 28, 2006). On December 4, 2020 the EPA updated the list of
boutique fuels to remove boutique fuels that were no longer in approved
SIPs. See 85 FR 78412 (December 4, 2020). The EPA maintains the current
list of boutique fuels on its website at: https://www.epa.gov/gasoline-standards/state-fuels. The boutique fuels list is based on a fuel type
approach. CAA section 211(c)(4)(C)(v)(III) requires that the EPA remove
a fuel from the published list if it is either identical to a Federal
fuel or is removed from the SIP in which it is approved. Under the
adopted fuel type approach, the EPA interpreted this requirement to
mean that a fuel would have to be removed from all states' SIPs in
which it was approved in order to remove the fuel type from the list.
See 71 FR 78195 (December 28, 2006). The 7.0 psi RVP fuel program as
approved into Missouri's SIP, is a fuel type that is included in the
EPA's boutique fuel list. See 85 FR 78412 (December 4, 2020).
Subsequent to the effective date of today's action, the EPA will update
the State Fuels web page to remove Missouri's 7.0 psi RVP program from
the list of boutique fuels.
VI. 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.
VII. 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 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 11, 2021. 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
[[Page 14009]]
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: March 2, 2021.
Edward H. Chu,
Acting 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
0
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''.
0
3. In Sec. 52.1323, add paragraph (n) to read as follows:
Sec. 52.1323 Approval status.
* * * * *
(n) Missouri rule 10 CSR 10-2.330 was rescinded on April 12, 2021.
* * * * *
[FR Doc. 2021-04764 Filed 3-11-21; 8:45 am]
BILLING CODE 6560-50-P
