Federal Register / Vol. 86, No. 47 / Friday, March 12, 2021 / Rules and Regulations 14007 

1The 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. 

2The Missouri rule allowed an additional one psi 

for gasoline containing 9 to 10% ethanol. 

3See 63 FR 20318. 

4The Missouri rule allows an additional one psi 

for gasoline containing 9 to 10% ethanol. 

5See 67 FR 6658. 

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: wolkins.jed@epa.gov. 

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). 

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

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. 

14008 Federal Register / Vol. 86, No. 47 / Friday, March 12, 2021 / Rules and Regulations 

6See 85 FR 83877 (December 23, 2020). 

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 

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.); 

• 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 

Federal Register / Vol. 86, No. 47 / Friday, March 12, 2021 / Rules and Regulations 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 

■ 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 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Final supplementary rules. 

SUMMARY: 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: 

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 

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