[Federal Register Volume 87, Number 64 (Monday, April 4, 2022)]
[Rules and Regulations]
[Pages 19392-19393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06938]


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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.

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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: <a href="/cdn-cgi/l/email-protection#54303b3a3b3c21317a3538383d31143124357a333b22"><span class="__cf_email__" data-cfemail="42262d2c2d2a37276c232e2e2b27022732236c252d34">[email protected]</span></a>.

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\
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    \1\ 62 FR 27968, May 22, 1997.
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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:
    <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);

[[Page 19393]]

    <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 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).
    <bullet> 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).
    <bullet> This action is subject to the Congressional Review Act, 
and the EPA will submit a rule report to each House of the Congress and 
to the Comptroller General of the United States. This action is not a 
``major rule'' as defined by 5 U.S.C. 804(2).
    <bullet> 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, 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

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart AA--Missouri

0
2. In Sec.  52.1320, the table in paragraph (c) is amended by revising 
the entry for ``10-5.390'' to read as follows:


Sec.  52.1320   Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Missouri Regulations
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                                                      State
    Missouri citation             Title             effective      EPA approval date           Explanation
                                                      date
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                                    Missouri Department of Natural Resources
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   Chapter 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
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                                                  * * * * * * *
10-5.390................  Control of Emissions        9/30/2020  4/4/2022, [insert      ........................
                           from the                               Federal Register
                           Manufacturing of                       citation].
                           Paints, Varnishes,
                           Lacquers, Enamels
                           and Other Allied
                           Surface Coating
                           Products.
 
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[FR Doc. 2022-06938 Filed 4-1-22; 8:45 am]
BILLING CODE 6560-50-P


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