2020-06464. Air Plan Approval; Missouri; Control of Emissions From Aerospace Manufacture and Rework Facilities  

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    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 for two rules related to emissions from aerospace manufacture and rework facilities in the Kansas City and St. Louis areas. This final action will amend the SIP to include adding incorporations by reference, revising unnecessarily restrictive language, and making other administrative wording changes. The EPA's approval of these rule revisions is being done in accordance with the requirements of the Clean Air Act (CAA).

    DATES:

    This final rule is effective on May 8, 2020.

    ADDRESSES:

    The EPA has established a docket for this action under Docket ID No. EPA-R07-OAR-2020-0024. 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.

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    FOR FURTHER INFORMATION CONTACT:

    Will 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.

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    SUPPLEMENTARY INFORMATION:

    Throughout this document “we,” “us,” and “our” refer to 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. 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 revisions to 10 Code of State Regulation (CSR) 10-2.205, Control of Emissions from Aerospace Manufacture and Rework Facilities and 10 CSR 10-5.295, Control of Emissions from Aerospace Manufacture and Rework Facilities in the Missouri SIP. Missouri made several revisions to the rules. These revisions are described in detail in the technical support document (TSD) included in the docket for this action. The EPA is finalizing this action because the revisions to these rules will not have a negative impact on air quality.

    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 August 1, 2018 to September 30, 2018 and received fourteen comments on the two rules. Missouri responded to all comments. 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 February 4, 2020, the date of its publication in the Federal Register and closed on March 4, 2020 (85 FR 6121). During this period, EPA received one comment that was supportive of the revisions to the rule. The comment can be found in the docket for this action.

    IV. What action is the EPA taking?

    The EPA is taking final action to amend 10 CSR 10-2.205 and 10 CSR 10-5.295, Control of Emissions from Aerospace Manufacture and Rework Facilities, which apply in the Kansas City and St. Louis areas, respectively.

    V. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the Missouri Regulations described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA Region 7 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information).

    Therefore, these materials have been approved by the EPA for inclusion in the State Implementation Plan, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of the EPA's approval, and will be incorporated by reference in the next update to the SIP compilation.[1]

    VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, 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 Start Printed Page 19675Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
    • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866.
    • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
    • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);
    • Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);
    • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);
    • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);
    • Is not subject to requirements of the National Technology Transfer and Advancement Act (NTTA) because this rulemaking does not involve technical standards; and
    • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

    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. 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 CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 8, 2020. 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)).

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    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
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    Dated: March 24, 2020.

    James Gulliford,

    Regional Administrator, Region 7.

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    For the reasons stated in the preamble, the EPA amends 40 CFR part 52 as set forth below:

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    PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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    1. The authority citation for part 52 continues to read as follows:

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    Authority: 42 U.S.C. 7401 et seq.

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    Subpart AA—Missouri

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    2. In § 52.1320, the table in paragraph (c) is amended by revising the entries “10-2.205” and “10-5.295” to read as follows:

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    Identification of plan.
    * * * * *

    (c) * * *

    EPA-Approved Missouri Regulations

    Missouri citationTitleState effective dateEPA approval dateExplanation
    Missouri Department of Natural Resources
    *         *         *         *         *         *         *
    Chapter 2—Air Quality Standards and Air Pollution Control Regulations for the Kansas City Metropolitan Area
    *         *         *         *         *         *         *
    10-2.205Control of Emissions from Aerospace Manufacturing and Rework Facilities3/30/20194/8/2020, [insert Federal Register citation]
    *         *         *         *         *         *         *
    Chapter 5—Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
    *         *         *         *         *         *         *
    10-5.295Control of Emissions from Aerospace Manufacturing and Rework Facilities3/30/20194/8/2020, [insert Federal Register citation]
    *         *         *         *         *         *         *
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    * * * * *
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    Footnotes

    1.  62 FR 27968 (May 22, 1997).

    Back to Citation

    [FR Doc. 2020-06464 Filed 4-7-20; 8:45 am]

    BILLING CODE 6560-50-P

Document Information

Effective Date:
5/8/2020
Published:
04/08/2020
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Final rule.
Document Number:
2020-06464
Dates:
This final rule is effective on May 8, 2020.
Pages:
19674-19676 (3 pages)
Docket Numbers:
EPA-R07-OAR-2020-0024, FRL-10007-12-Region 7
Topics:
Air pollution control, Carbon monoxide, Environmental protection, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds
PDF File:
2020-06464.pdf
Supporting Documents:
» R7 TSD January 23 2020
» MO Response to Comment
» MO Aerospace Rev Request from Stakeholder
» MACC proposal SOS
» Final letter for public comment on Rules with RIRs
» Final comment letter for the MACC hearing September 27
» Email RE 5.295 Aerospace Rule Exemption Request
» Email from Wayne re 5.295 Aerospace Rule Exemption Request
» Comment Letter only MO RIR June 4 2018
» 10 CSR 10-2.205 and 10 CSR 10-5.295 enclosure
CFR: (1)
40 CFR 52.1320