Rule2021-15724
Air Plan Approval; Missouri; Removal of Control of Emissions From the Application of Deadeners and Adhesives
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 26, 2021
Effective
August 25, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve a revision to the Missouri State Implementation Plan (SIP) submitted by the State of Missouri on January 15, 2019, and supplemented by letter on July 11, 2019. Missouri requests that the EPA remove a rule related to control of emissions from the application of deadeners and adhesives in the St. Louis, Missouri area from its SIP. This rescission does not have an adverse effect on air quality and meets the requirements of the Clean Air Act (CAA). The EPA's approval of this rule revision is in accordance with the requirements of the CAA.
Full Text
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<title>Federal Register, Volume 86 Issue 140 (Monday, July 26, 2021)</title>
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[Federal Register Volume 86, Number 140 (Monday, July 26, 2021)]
[Rules and Regulations]
[Pages 39978-39979]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15724]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2021-0332; FRL-8717-02-R7]
Air Plan Approval; Missouri; Removal of Control of Emissions From
the Application of Deadeners and Adhesives
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the Missouri State Implementation Plan
(SIP) submitted by the State of Missouri on January 15, 2019, and
supplemented by letter on July 11, 2019. Missouri requests that the EPA
remove a rule related to control of emissions from the application of
deadeners and adhesives in the St. Louis, Missouri area from its SIP.
This rescission does not have an adverse effect on air quality and
meets the requirements of the Clean Air Act (CAA). The EPA's approval
of this rule revision is in accordance with the requirements of the
CAA.
DATES: This final rule is effective on August 25, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2021-0332. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in
the index, some information is not publicly available, i.e.,
confidential business information (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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional information.
FOR FURTHER INFORMATION CONTACT: Ashley Keas, Environmental Protection
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-7629;
email address: <a href="/cdn-cgi/l/email-protection#b7dcd2d6c499d6c4dfdbd2cef7d2c7d699d0d8c1"><span class="__cf_email__" data-cfemail="aac1cfcbd984cbd9c2c6cfd3eacfdacb84cdc5dc">[email protected]</span></a>.
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) 10-5.370, Control of Emissions from the Application of Deadeners
and Adhesives, from the Missouri SIP. As explained in detail in the
EPA's proposed rule, Missouri has demonstrated that removal of 10 CSR
10-5.370 will not interfere with attainment of the National Ambient Air
Quality Standards (NAAQS), reasonable further progress or any other
applicable requirement of the CAA because the single source subject to
the rule has permanently ceased operations and removal of the rule will
not cause VOC emissions to increase. 86 FR 26450, May 14, 2021. The
public comment period on the EPA's proposed rule opened May 14, 2021,
the date of its publication in the Federal Register and closed on June
14, 2021. During this period, the EPA received no comments. Therefore
the EPA is finalizing its proposal to remove 10 CSR 10-5.370 from the
Missouri 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 June 25,
2018, to August 2, 2018, and held a public hearing on July 26, 2018.
Missouri 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 July
11, 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 10-5.370 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 Regulations from the Missouri 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, EPA's role is to approve state choices,
[[Page 39979]]
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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> Is not subject to requirements of the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
<bullet> Does not cause disproportionate human health or
environmental effects, as applicable under Executive Order 12898 (59 FR
7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
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. 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 September 24, 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: July 19, 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
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart AA--Missouri
Sec. 52.1320 [Amended]
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2. In Sec. 52.1320, the table in paragraph (c) is amended by removing
the entry ``10-5.370'' under the heading ``Chapter 5--Air Quality
Standards and Air Pollution Control Regulations for the St. Louis
Metropolitan Area''.
[FR Doc. 2021-15724 Filed 7-23-21; 8:45 am]
BILLING CODE 6560-50-P
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