14000 Federal Register / Vol. 86, No. 47 / Friday, March 12, 2021 / Rules and Regulations 

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. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1. 

■ 2. Add § 100.T11–049 to read as 

follows: 

§ 100.T11–049 Special Local Regulation; 

Bay Guardian Exercise, Treasure Island, 

San Francisco, CA. 

(a) Regulated area. The regulations in 

this section apply to the following area: 

The navigable waters of San Francisco 

Bay, near Treasure Island, CA, bounded 

by a line beginning at position 

37°50′48.9′′ N, 122°23 45.4′′ W; thence 

to position 37°50′51.1′′ N, 122°22′14.1′′ 

W; thence to position 37°49′14.0′′ N, 

122°21′18.1′′ W; thence to position 

37°49′8.4′′ N, 122°21′28.7′′ W; thence to 

position 37°49′13.3′′ N, 122°21′48.4′′ W; 

thence along Treasure island shoreline 

to position 37°49′22.3′′ N, 122°21′44.4′′ 

W, thence along Treasure island 

shoreline to position 37°50′1.1′′ N, 

122°22′12.1′′ W; thence to position 

37°50′1.1′′ N, 122°23′46′′ W; and thence 

to the point of beginning. 

(b) Definitions. As used in this 

section— 

Designated representative means a 

Coast Guard Patrol Commander, 

including a Coast Guard coxswain, petty 

officer, or other officer operating a Coast 

Guard vessel and a Federal, State, and 

local officer designated by or assisting 

the Captain of the Port (COTP) San 

Francisco in the enforcement of the 

regulations in this section. 

Participant means all persons and 

vessels registered with the event 

sponsor as a participant in the exercise. 

(c) Regulations. (1) All nonparticipants are prohibited from 

entering, transiting through, anchoring 

in, or remaining within the regulated 

area described in paragraph (a) of this 

section unless authorized by the Captain 

of the Port (COTP) San Francisco or 

their designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by calling the Sector 

Command Center at 415–399–3547. 

Those in the regulated area must 

comply with all lawful orders or 

directions given to them by the COTP or 

the designated representative. 

(3) The COTP will provide notice of 

the regulated area through advanced 

notice via broadcast notice to mariners 

and by on-scene designated 

representatives. 

(d) Enforcement period. This section 

will be enforced from 8 a.m. to 6 p.m. 

on March 17, 2021. 

Dated: March 9, 2021. 

H.H. Wright, 

Captain, U.S. Coast Guard, Alternate Captain 

of the Port. 

[FR Doc. 2021–05258 Filed 3–11–21; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2020–0711; FRL–10021– 

10–Region 7] 

Air Plan Approval; Kansas; Removal of 

Kansas City, Kansas Reid Vapor 

Pressure Fuel 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 Kansas. This final action will amend 

the SIP to remove the Kansas City, 

Kansas low Reid Vapor Pressure (RVP) 

fuel requirement which required 

gasoline sold in the Kansas City, Kansas 

area to have a seven pounds per square 

inch (psi) 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 Missouri 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–2020–0711. 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. The EPA’s Response to Comments 

IV. Have the requirements for approval of a 

SIP revision been met? 

V. What action is the EPA taking? 

VI. Impacts on the Boutique Fuels List 

VII. Incorporation by Reference 

VIII. Statutory and Executive Order Reviews 

I. What is being addressed in this 

document? 

The EPA is approving a revision to 

the Kansas SIP, submitted by the Kansas 

Department of Health and Environment 

(KDHE) on December 9, 2020. The 

revision removes the seven psi RVP fuel 

requirement for the Kansas City, Kansas, 

area: Consisting of Johnson and 

Wyandotte Counties. The former SIPapproved rule, K.A.R. 28–19–719, 

required gasoline sold in the two 

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, Kansas 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 Johnson and Wyandotte 

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 

Federal Register / Vol. 86, No. 47 / Friday, March 12, 2021 / Rules and Regulations 14001 

2The Kansas rule allowed an additional one psi 

for gasoline containing 9 to 10% ethanol. 3See 62 FR 36212. 

4The Kansas rule allows an additional one psi for 

gasoline containing 9 to 10% ethanol. 

5See 67 FR 6655. 

6See https://www.epa.gov/naaqs for more 

information on the NAAQS. 7See 85 FR 83877 (December 23, 2020). 

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 Kansas’s 

ozone maintenance plan for the Kansas 

City area on July 23, 1992. See 57 FR 

27936 (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. Kansas 

revised the control strategy and 

contingency measures in the 

maintenance plan, which was approved 

on December 30, 2002. See 67 FR 66058 

(October 30, 2002). The revised control 

strategy included K.A.R. 28–19–719, 

Fuel Volatility. 

On May 2, 1997, Kansas 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 July 

7, 1997.3 Following a violation of the 

ozone standard for the three-year period 

of 1995–1997, on April 3, 2001, Kansas 

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). Kansas achieved the 

required maintenance of the 1979 1- 

hour ozone standard in 2014. 

On December 9, 2020, Kansas 

requested that the EPA remove K.A.R. 

28–19–719 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, Kansas 

adequately demonstrated that removal 

of this rule will not affect the area’s 

ability to attain or maintain any air 

quality standards. 

III. The EPA’s Response to Comments 

The public comment period on the 

EPA’s proposed rule opened January 19, 

2021 the date of its publication in the 

Federal Register and closed on February 

18, 2021. During this period, EPA 

received three supportive comments 

and one adverse comment. The adverse 

comment is discussed below. 

Comment: Jeopardizing the health of 

Kansas City residents is not worth the 

proposed change because cities are 

hotspots for air pollution, air pollution 

leads to respiratory issues and low 

income populations suffer more from air 

pollution. 

Response: As discussed in our 

proposal, the increases in emissions 

from this change will be offset by 

emissions decreases from fleet turnover 

and the Tier 3 motor vehicle and fuel 

standards. In addition, the NAAQS are 

set at a level protective of public health 

allowing an adequate margin of safety,6

and the Kansas City Area is currently 

monitoring air quality that is attaining 

all NAAQS. 

To determine if the removal of the 

RVP requirement would interfere with 

attainment of the NAAQS, KDHE 

conducted emission calculations for a 

baseline year of 2017 (with the state 

RVP requirement) and an 

implementation year of 2020 (without 

the state RVP requirement). KDHE 

found that emissions from motor 

vehicles decreased from the baseline 

year to the implementation year. We 

find this analysis an acceptable showing 

that the removal of the RVP requirement 

will not interfere with the attainment of 

the NAAQS. See our proposal of this 

action and the KDHE submittal in the 

docket for more information. 

In addition to comparing emissions 

between 2017 and 2020, KDHE also 

compared emissions in the same year 

with and without the state RVP 

requirement. While there is an increase 

in emissions from removing the state 

RVP requirement, the state has 

demonstrated that the removal of the 

RVP requirement will not interfere with 

attainment and maintenance of the 

NAAQS because emissions will be 

reduced by continued fleet turnover and 

Tier 3 motor vehicle and fuel standards. 

As such, the EPA finds that removal of 

the RVP requirement will not impair air 

quality in the Kansas City area and 

therefore will not result in the public 

health concerns expressed by the 

commenter. 

IV. 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 27, 2020 to November 4, 2020 

and held a public hearing on November 

4, 2020. Kansas received eight 

comments. Kansas 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.7

V. What action is the EPA taking? 

The EPA is taking final action to 

approve Kansas’s removal of the state 

RVP requirement from the SIP for the 

Kansas City, Kansas 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 Kansas’s removal of the 

state RVP requirement from the SIP for 

the Kansas City, Kansas area on January 

19, 2021. The thirty-day public 

comment period closed on February 18, 

2021. The EPA received four public 

comments on the proposal, discussed 

above. Also, the proposal contained an 

error concerning 40 CFR 52.873, 

paragraph (a), as it included a rescinded 

date, February 18, 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 

52.873 paragraph (a) to reflect the 

correct effective date of the rescission. 

VI. Impacts on the Boutique Fuels List 

Section 1541(b) of the Energy Policy 

Act of 2005 required the EPA, in 

14002 Federal Register / Vol. 86, No. 47 / Friday, March 12, 2021 / Rules and Regulations 

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 Kansas’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 Kansas’s 

7.0 psi RVP program from the list of 

boutique fuels. 

VII. 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 Kansas 

Regulations from the Kansas State 

Implementation Plan, which is 

incorporated by reference in accordance 

with the requirements of 1 CFR part 51. 

VIII. 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 

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 R—Kansas 

■ 2. In § 52.870, the table in paragraph 

(c) is amended by removing the entry 

‘‘K.A.R. 28–19–719’’ under the heading 

‘‘Volatile Organic Compound 

Emissions’’. 

■ 3. In § 52.873, paragraph (a) is revised 

to read as follows: 

§ 52.873 Approval status. 

(a) Kansas rule K.A.R. 28–19–719 was 

rescinded on April 12, 2021. 

* * * * * 

[FR Doc. 2021–04763 Filed 3–11–21; 8:45 am] 

BILLING CODE 6560–50–P