19390 Federal Register / Vol. 87, No. 64 / Monday, April 4, 2022 / Rules and Regulations 

quantitative and qualitative, of this 

regulatory action. The potential costs 

are those resulting from statutory 

requirements and those we have 

determined as necessary for 

administering the Department’s 

programs and activities. 

Regulatory Flexibility Act 

Certification: The Secretary certifies that 

this regulatory action does not have a 

significant economic impact on a 

substantial number of small entities. 

The U.S. Small Business Administration 

Size Standards define proprietary 

institutions as small businesses if they 

are independently owned and operated, 

are not dominant in their field of 

operation, and have total annual 

revenue below $7,000,000. Nonprofit 

institutions are defined as small entities 

if they are independently owned and 

operated and not dominant in their field 

of operation. Public institutions are 

defined as small organizations if they 

are operated by a government 

overseeing a population below 50,000. 

The small entities that this regulatory 

action will affect are nonprofit 

organizations and IHEs. We believe that 

the costs imposed on an applicant by 

the final definition will be limited to 

paperwork burden related to preparing 

an application and that the benefits of 

the final definition will outweigh any 

costs incurred by the applicant. 

Participation in the SEED program is 

voluntary. We expect that in 

determining whether to apply for SEED 

program funds, an eligible entity will 

evaluate the costs of preparing an 

application and weigh them against the 

benefits likely to be achieved by 

receiving a SEED program grant. An 

eligible entity will probably apply only 

if it determines that the likely benefits 

exceed the costs of preparing an 

application. Therefore, we believe that 

the definition will not have a significant 

economic impact on a substantial 

number of small entities. 

Paperwork Reduction Act of 1995: 

The final definition contains 

information collection requirements that 

are approved by OMB under OMB 

control number 1894–0006; the final 

definition does not affect the currently 

approved data collection. 

Intergovernmental Review: This 

program is subject to Executive Order 

12372 and the regulations in 34 CFR 

part 79. One of the objectives of the 

Executive order is to foster an 

intergovernmental partnership and a 

strengthened federalism. The Executive 

order relies on processes developed by 

State and local governments for 

coordination and review of Federal 

financial assistance. This document 

provides early notification of our 

specific plans and actions for this 

program. 

Accessible Format: On request to the 

program contact person listed under FOR

FURTHER INFORMATION CONTACT, 

individuals with disabilities can obtain 

this document in an accessible format. 

The Department will provide the 

requestor with an accessible format that 

may include Rich Text Format (RTF) or 

text format (txt), a thumb drive, an MP3 

file, braille, large print, audiotape, or 

compact disc, or other accessible format. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. You may access the official 

edition of the Federal Register and the 

Code of Federal Regulations at: 

www.govinfo.gov. At this site you can 

view this document, as well as all other 

documents of this Department 

published in the Federal Register, in 

text or Portable Document Format 

(PDF). To use PDF you must have 

Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at: www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Ruth E. Ryder, 

Deputy Assistant Secretary for Policy and 

Programs Office of Elementary and Secondary 

Education. 

[FR Doc. 2022–06965 Filed 4–1–22; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2022–0075; FRL–9428–02– 

R7] 

Air Plan Approval; Kansas; 2015 

Ozone NAAQS Interstate Transport 

Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Kansas as 

meeting the Clean Air Act (CAA) 

requirement that each State’s SIP 

contain adequate provisions to prohibit 

emissions that will significantly 

contribute to nonattainment or interfere 

with maintenance of the 2015 8-hour 

ozone national ambient air quality 

standards (NAAQS) in any other state. 

This action is being taken in accordance 

with the CAA. 

DATES: This final rule is effective on 

May 4, 2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2022–0075. 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 EPA. 

Table of Contents 

I. Background and Purpose 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background and Purpose 

On February 7, 2022, EPA published 

a Notice of Proposed Rulemaking 

(NPRM) for the State of Kansas. See 87 

FR 7071. The NPRM proposed approval 

of a Kansas SIP revision that addresses 

the CAA requirement prohibiting 

emissions from the state that 

significantly contribute to 

nonattainment or interfere with 

maintenance of the 2015 8-hour ozone 

NAAQS in other states. See CAA section 

110(a)(2)(D)(i)(I) (the ‘‘good neighbor 

provision’’). The SIP revision was 

submitted to EPA by Kansas on 

September 27, 2018. The rationale for 

EPA’s proposed action is given in the 

NPRM and will not be repeated here. In 

section IV. of the NPRM, EPA 

erroneously stated that Kansas 

submitted the Kansas submission on 

October 1, 2018. The submission was 

received on September 27, 2018. 

EPA received one public comment in 

support of the proposed action. 


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Federal Register / Vol. 87, No. 64 / Monday, April 4, 2022 / Rules and Regulations 19391 

II. Final Action 

EPA is approving a Kansas SIP 

revision, which was submitted on 

September 27, 2018. This submission is 

approved as meeting CAA section 

110(a)(2)(D)(i)(I) requirements that 

Kansas’s SIP includes adequate 

provisions prohibiting any source or 

other type of emissions activity within 

the state from emitting any air pollutant 

in amounts that will contribute 

significantly to nonattainment or 

interfere with maintenance of the 2015 

ozone NAAQS in any other state. 

III. 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, 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 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by June 3, 2022. 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, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: March 28, 2022. 

Meghan A. McCollister, 

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 

(e) is amended by adding the entry 

‘‘(47)’’ in numerical order to read as 

follows: 

§ 52.870 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED KANSAS NONREGULATORY PROVISIONS

Name of non regulatory SIP provision 

Applicable 

geographic or nonattainment area 

State 

submittal 

date 

EPA approval date Explanation 

*******

(47) Transport SIP for the 2015 

Ozone Standard.

Statewide ............. 9/27/2018 4/4/2022, [insert Federal 

Register citation].

[EPA–R07–OAR–2022–0075; FRL–9428–02–R7]. 

This transport SIP shows that Kansas does not significantly 

contribute to ozone nonattainment or maintenance in any 

other state. This submittal is approved as meeting the requirements of Clean Air Act section 110(a)(2)(D)(i)(I). 


khammond on DSKJM1Z7X2PROD with RULES
19392 Federal Register / Vol. 87, No. 64 / Monday, April 4, 2022 / Rules and Regulations 

1 62 FR 27968, May 22, 1997. 

[FR Doc. 2022–06937 Filed 4–1–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2021–0953; FRL–9396–02– 

R7] 

Air Plan Approval; Missouri; Control of 

Emissions From the Manufacturing of 

Paints, Varnishes, Lacquers, Enamels 

and Other Allied Surface Coating 

Products 

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 a Missouri regulation that 

controls emissions from facilities in St. 

Louis City and Jefferson, St. Charles, 

Franklin, and St. Louis Counties. The 

revisions to this rule include adding 

incorporations by reference to other 

State rules, including definitions 

specific to the rule, removing 

unnecessary words, making other 

administrative wording changes, and 

adding alternative test methods. These 

revisions do not impact the stringency 

of the SIP or air quality. Approval of 

these revisions will ensure consistency 

between state and federally approved 

rules. 

DATES: This final rule is effective on 

May 4, 2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2021–0953. 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: 

Allie Donohue, Environmental 

Protection Agency, Region 7 Office, Air 

Quality Planning Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219; 

telephone number: (913) 551–7986; 

email address: donohue.allie@epa.gov. 

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. 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 taking final action to 

approve revisions to 10 Code of State 

Regulations (CSR) 10–5.390, Control of 

Emissions from the Manufacturing of 

Paints, Varnishes, Lacquers, Enamels 

and Other Allied Surface Coating 

Products in the Missouri SIP. On 

January 27, 2022, the EPA published a 

notice of proposed rulemaking (NPRM) 

which proposed to approve the SIP 

revision as submitted by Missouri on 

June 10, 2021. (87 FR 4181) The 

revisions move previously SIP-approved 

definitions from 10 CSR 10–6.020, 40 

CFR 63.11607, and 40 CFR 63.5781 to 

this chapter to streamline the rule. The 

revisions also reorganize reporting and 

recordkeeping requirements to improve 

readability, add specific test methods 

applicable to sources subject to the rule, 

and make minor edits. More detail on 

the EPA’s analysis of the revisions can 

be found in the NPRM and technical 

support document (TSD) included in 

this docket. 

II. Have the requirements for approval 

of a SIP revision been met? 

The State’s 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 

January 2, 2020 to April 2, 2020 and 

received five comments. The State 

revised the rule based on the comments 

submitted. In addition, as explained in 

more detail in the NPRM and technical 

support document (TSD) which is part 

of this document, the revision meets the 

substantive SIP requirements of the 

CAA, including section 110 and 

implementing regulations. 

III. What action is the EPA taking? 

On January 27, 2022, the EPA 

published a NPRM proposing to 

approve Missouri’s June 10, 2021, SIP 

revision submittal. (87 FR 4180) The 

EPA sought public comment on the 

NPRM and received no comments. 

Therefore, the EPA is taking final action 

to amend the Missouri SIP to include 

revisions to 10 Code of State 

Regulations (CSR) 10–5.390, Control of 

Emissions from the Manufacturing of 

Paints, Varnishes, Lacquers, Enamels 

and Other Allied Surface Coating 

Products. Approval of these revisions 

will ensure consistency between State 

and federally approved rules. As 

described in the NPRM and the TSD, the 

EPA has determined that these changes 

will not adversely impact air quality or 

the stringency of the SIP. 

IV. 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 

Section I of this preamble and set forth 

the amendments to 40 CFR part 52 

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

V. 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, 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); 


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