Air Plan Approval; Missouri; Removal of Control of Emissions From Solvent Cleanup Operations, 14541-14542 [2021-05403]
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Federal Register / Vol. 86, No. 50 / Wednesday, March 17, 2021 / Rules and Regulations
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Table of Contents
[FR Doc. 2021–04210 Filed 3–16–21; 8:45 am]
I. What is being addressed in this document?
II. Have the requirements for approval of a
SIP revision been met?
III. What action is the EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
BILLING CODE P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2020–0620; FRL–10021–
40–Region 7]
jbell on DSKJLSW7X2PROD with RULES
Air Plan Approval; Missouri; Removal
of Control of Emissions From Solvent
Cleanup Operations
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a State Implementation Plan
SUMMARY:
VerDate Sep<11>2014
15:45 Mar 16, 2021
Jkt 253001
(SIP) revision submitted by the State of
Missouri on January 15, 2019, and
supplemented by letter on June 14,
2019. Missouri requests that the EPA
remove a rule related to control of
emissions from the solvent cleanup
operations in the Kansas City, Missouri
area from its SIP. This removal does not
have an adverse effect on air quality.
The EPA’s approval of this rule revision
is in accordance with the requirements
of the Clean Air Act (CAA) and will
ensure consistency between state and
federally-approved rules.
DATES: This final rule is effective on
April 16, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2020–0620. 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:
William Stone, Environmental
Protection Agency, Region 7 Office, Air
Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219;
telephone number: (913) 551–7714;
email address: stone.william@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
I. What is being addressed in this
document?
The EPA is approving the removal of
10 Code of State Regulations (CSR) 10–
2.215, Control of Emissions from
Solvent Cleanup Operations, from the
Missouri SIP.
At the time that the rule was
approved into the SIP, 10 CSR 10–2.215
applied to any person in Clay, Jackson
and Platte Counties in Missouri that
performs or allows the performance of
any cleaning operation involving the
use of a volatile organic compound
(VOC) solvent or solvent solution that
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
14541
emitted over 500 pounds per day of
VOCs. According to the June 14, 2019
letter from the Missouri Department of
Natural Resources, available in the
docket for this action, Missouri
rescinded the rule because there are no
sources subject to the rule, and the rule
is no longer necessary for attainment
and maintenance of the 1979, 1997, or
2008 National Ambient Air Quality
Standards (NAAQS) for Ozone.
As explained in detail in the EPA’s
proposed rule, Missouri has
demonstrated that removal of 10 CSR
10–2.215 will not interfere with
attainment of the NAAQS, reasonable
further progress 1 or any other
applicable requirement of the CAA
because there are no existing sources
that are subject to the rule, and therefore
removal of the rule will not cause VOC
emissions to increase. 85 FR 82995,
December 21, 2020.
The EPA solicited comments on the
proposed revision to Missouri’s SIP, and
did not receive any comments.
Therefore, the EPA is finalizing its
proposal to remove 10 CSR 10–2.215
from the SIP.
II. Have the requirements for approval
of a SIP revision been met?
The State submission has met the
public notice requirements for SIP
submissions in accordance with 40 CFR
51.102. The submission also satisfied
the completeness criteria of 40 CFR part
51, appendix V. The State provided
public notice on this SIP revision from
February 28, 2018, to April 5, 2018 and
received five comments from the EPA
that related to Missouri’s lack of an
adequate demonstration that the rule
could be removed from the SIP in
accordance with section 110(l) of the
CAA. Missouri’s June 14, 2019 letter
addressed the EPA’s comments. In
addition, the revision meets the
substantive SIP requirements of the
CAA, including section 110 and
implementing regulations.
III. What action is the EPA taking?
The EPA is taking final action to
approve Missouri’s request to remove 10
CSR 2.215 from the SIP.
IV. Incorporation by Reference
In this document, the EPA is
amending regulatory text that includes
incorporation by reference. As described
in the amendments to 40 CFR part 52 set
forth below, the EPA is removing
provisions of the EPA-Approved
Missouri Regulation from the Missouri
1 RFP is not applicable to the Kansas City Area
because the area is in attainment of all applicable
ozone standards.
E:\FR\FM\17MRR1.SGM
17MRR1
14542
Federal Register / Vol. 86, No. 50 / Wednesday, March 17, 2021 / Rules and Regulations
jbell on DSKJLSW7X2PROD with RULES
State Implementation Plan, which is
incorporated by reference in accordance
with the requirements of 1 CFR part 51.
V. 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);
• 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 (Public Law 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).
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
VerDate Sep<11>2014
15:45 Mar 16, 2021
Jkt 253001
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 17, 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
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: March 10, 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.
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
Subpart AA—Missouri
§ 52.1320
[Amended]
2. In § 52.1320, the table in paragraph
(c) is amended by removing the entry
‘‘10–2.215’’ under the heading ‘‘Chapter
2-Air Quality Standards and Air
Pollution Control Regulations for the
Kansas City Metropolitan Area’’.
■
[FR Doc. 2021–05403 Filed 3–16–21; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Part 405
[CMS–3372–IFC]
RIN 0938–AT88
Medicare Program; Medicare Coverage
of Innovative Technology (MCIT) and
Definition of ‘‘Reasonable and
Necessary’’; Delay of Effective Date;
Public Comment Period
Centers for Medicare &
Medicaid Services (CMS), Department
of Health and Human Services (HHS).
ACTION: Interim final rule; delayed
effective date; request for comments.
AGENCY:
Consistent with the
memorandum of January 20, 2021, from
the Assistant to the President and Chief
of Staff, titled ‘‘Regulatory Freeze
Pending Review,’’ this document delays
the effective date of the final rule titled,
‘‘Medicare Program; Medicare Coverage
of Innovative Technology (MCIT) and
Definition of ’Reasonable and
Necessary’ ’’ published in the Federal
Register on January 14, 2021, for 60
days. We are providing a 30-day public
comment period to allow interested
parties to provide comments about
issues of fact, law, and policy raised by
the rule and this information could be
considered by the agency in
determining whether further actions are
appropriate, which could include
whether to revise or rescind.
DATES:
Effective date: As of March 12, 2021,
the effective date of the final rule
amending 42 CFR part 405 published at
86 FR 2987 on January 14, 2021, is
delayed by this interim final rule until
May 15, 2021.
Comment period: To be assured
consideration, comments on the January
14, 2021 final rule and ‘‘Medicare
Program; Medicare Coverage of
Innovative Technology (MCIT) and
Definition of ‘‘Reasonable and
SUMMARY:
E:\FR\FM\17MRR1.SGM
17MRR1
]]>Agencies
[Federal Register Volume 86, Number 50 (Wednesday, March 17, 2021)]
[Rules and Regulations]
[Pages 14541-14542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05403]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2020-0620; FRL-10021-40-Region 7]
Air Plan Approval; Missouri; Removal of Control of Emissions From
Solvent Cleanup Operations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a State Implementation Plan (SIP) revision submitted
by the State of Missouri on January 15, 2019, and supplemented by
letter on June 14, 2019. Missouri requests that the EPA remove a rule
related to control of emissions from the solvent cleanup operations in
the Kansas City, Missouri area from its SIP. This removal does not have
an adverse effect on air quality. The EPA's approval of this rule
revision is in accordance with the requirements of the Clean Air Act
(CAA) and will ensure consistency between state and federally-approved
rules.
DATES: This final rule is effective on April 16, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2020-0620. 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: William Stone, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7714; 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. Have the requirements for approval of a SIP revision been met?
III. What action is the EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is being addressed in this document?
The EPA is approving the removal of 10 Code of State Regulations
(CSR) 10-2.215, Control of Emissions from Solvent Cleanup Operations,
from the Missouri SIP.
At the time that the rule was approved into the SIP, 10 CSR 10-
2.215 applied to any person in Clay, Jackson and Platte Counties in
Missouri that performs or allows the performance of any cleaning
operation involving the use of a volatile organic compound (VOC)
solvent or solvent solution that emitted over 500 pounds per day of
VOCs. According to the June 14, 2019 letter from the Missouri
Department of Natural Resources, available in the docket for this
action, Missouri rescinded the rule because there are no sources
subject to the rule, and the rule is no longer necessary for attainment
and maintenance of the 1979, 1997, or 2008 National Ambient Air Quality
Standards (NAAQS) for Ozone.
As explained in detail in the EPA's proposed rule, Missouri has
demonstrated that removal of 10 CSR 10-2.215 will not interfere with
attainment of the NAAQS, reasonable further progress \1\ or any other
applicable requirement of the CAA because there are no existing sources
that are subject to the rule, and therefore removal of the rule will
not cause VOC emissions to increase. 85 FR 82995, December 21, 2020.
---------------------------------------------------------------------------
\1\ RFP is not applicable to the Kansas City Area because the
area is in attainment of all applicable ozone standards.
---------------------------------------------------------------------------
The EPA solicited comments on the proposed revision to Missouri's
SIP, and did not receive any comments. Therefore, the EPA is finalizing
its proposal to remove 10 CSR 10-2.215 from the SIP.
II. Have the requirements for approval of a SIP revision been met?
The State submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. The
State provided public notice on this SIP revision from February 28,
2018, to April 5, 2018 and received five comments from the EPA that
related to Missouri's lack of an adequate demonstration that the rule
could be removed from the SIP in accordance with section 110(l) of the
CAA. Missouri's June 14, 2019 letter addressed the EPA's comments. In
addition, the revision meets the substantive SIP requirements of the
CAA, including section 110 and implementing regulations.
III. What action is the EPA taking?
The EPA is taking final action to approve Missouri's request to
remove 10 CSR 2.215 from the SIP.
IV. Incorporation by Reference
In this document, the EPA is amending regulatory text that includes
incorporation by reference. As described in the amendments to 40 CFR
part 52 set forth below, the EPA is removing provisions of the EPA-
Approved Missouri Regulation from the Missouri
[[Page 14542]]
State Implementation Plan, which is incorporated by reference in
accordance with the requirements of 1 CFR part 51.
V. 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);
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 (Public Law 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).
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 17, 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 extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Reporting and recordkeeping requirements, Volatile organic
compounds.
Dated: March 10, 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
Sec. 52.1320 [Amended]
0
2. In Sec. 52.1320, the table in paragraph (c) is amended by removing
the entry ``10-2.215'' under the heading ``Chapter 2-Air Quality
Standards and Air Pollution Control Regulations for the Kansas City
Metropolitan Area''.
[FR Doc. 2021-05403 Filed 3-16-21; 8:45 am]
BILLING CODE 6560-50-P
