Air Plan Approval; Missouri and Kansas; Determination of Attainment for the Jackson County, Missouri 1-Hour Sulfur Dioxide Nonattainment Area and Redesignation of the Wyandotte County, Kansas Unclassifiable Area to Attainment/Unclassifiable
| Published date | 09 July 2020 |
| Citation | 85 FR 41193 |
| Record Number | 2020-13376 |
| Section | Rules and Regulations |
| Court | Environmental Protection Agency |
Federal Register, Volume 85 Issue 132 (Thursday, July 9, 2020)
[Federal Register Volume 85, Number 132 (Thursday, July 9, 2020)]
[Rules and Regulations]
[Pages 41193-41195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13376]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R07-OAR-2020-0155; FRL-10010-76-Region 7]
Air Plan Approval; Missouri and Kansas; Determination of
Attainment for the Jackson County, Missouri 1-Hour Sulfur Dioxide
Nonattainment Area and Redesignation of the Wyandotte County, Kansas
Unclassifiable Area to Attainment/Unclassifiable
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to determine that the Jackson County, Missouri 1-hour (1-hr)
Sulfur Dioxide (SO2) National Ambient Air Quality Standard
(NAAQS) Nonattainment Area has attained the NAAQS and to redesignate
the Wyandotte County, Kansas 1-hr SO2 NAAQS Unclassifiable
Area as Attainment/Unclassifiable. Both final action decisions are
based on air quality monitoring and modeling data.
DATES: This final rule is effective on July 9, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2020-0155. 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: Steven Brown, Environmental Protection
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-7718; email
address [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA.
Table of Contents
I. What is being addressed in this document?
II. The EPA's Response to Comments
III. What action is the EPA taking?
IV. Statutory and Executive Order Reviews
[[Page 41194]]
I. What is being addressed in this document?
This document takes final action on the Missouri Department of
Natural Resources' (MoDNR) May 4, 2018 request asking the EPA to make a
determination that the Jackson County, Missouri (hereby referred to as
the ``Jackson County area'') Nonattainment Area has attained the 2010
1-hr primary SO2 NAAQS.
This document also takes final action to redesignate the Wyandotte
County, Kansas 1-hr SO2 NAAQS unclassifiable area
(hereinafter referred to as the ``Wyandotte County area'') to
attainment/unclassifiable based on a January 10, 2017 request from the
Kansas Department of Health and Environment (KDHE). Detailed
information regarding these actions can be found in the proposed rule,
85 FR 20896, published April 15, 2020 in the Federal Register and in
this docket.
II. The EPA's Response to Comments
The public comment period on the EPA's proposed rule opened April
15, 2020, the date of its publication in the Federal Register and
closed on May 15, 2020. During this period, the EPA received one
comment. This comment is not substantive and does not require a
response from the EPA.
III. What action is the EPA taking?
The EPA is taking final action to determine that the Jackson County
2010 1-hr primary SO2 nonattainment area, in Missouri, has
attained the 2010 1-hr primary SO2 NAAQS. This final
determination of attainment is based on a May 2018 request from the
Missouri Department of Natural Resources (MoDNR) asking the EPA to
consider complete, quality assured, and certified ambient air
monitoring data from the 2015-2017 monitoring period and make a
determination that the area has attained the 2010 1-hr primary
SO2 NAAQS.
The EPA is also taking final action to a January 2017 request from
the Kansas Department of Health and Environment (KDHE) to redesignate
the Wyandotte County, Kansas 1-hr SO2 NAAQS unclassifiable
area to attainment/unclassifiable. The EPA's redesignation of the
Wyandotte County area is based on air quality dispersion modeling
submitted by the KDHE and supplemented by modeling analysis from the
MoDNR for the Jackson County area. The relationship between the MoDNR's
modeling analysis and the Wyandotte County area is explained in more
detail in the ``What is the EPA's Analysis of the Information Submitted
by the States?'' and ``Connection to the Jackson County Clean Data
Modeling'' sections of the proposed rule, 85 FR 20896, published April
15, 2020. The EPA has made the monitoring and modeling data available
in the docket to this rulemaking through www.regulations.gov.
IV. Statutory and Executive Order Reviews
This action makes a determination based on air quality monitoring
data and modeling and results in the suspension of certain Federal
requirements and does not impose any additional requirements.
With regard to the redesignation portion of this action, under the
Clean Air Act (CAA), redesignation of an area to attainment/
unclassifiable is an action that affects the air quality designation
status of geographical areas and does not impose any regulatory
requirements. For these reasons, this final 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because it is not a significant regulatory
action 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).
This action does not apply on any Indian reservation land or in any
other area where EPA or an Indian tribe has demonstrated that a tribe
has jurisdiction. In those areas of Indian country, the action 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).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Clean data
determination, Determination of attainment, Incorporation by reference,
Redesignation, Reporting and recordkeeping requirements, Sulfur
dioxide.
40 CFR Part 81
Environmental protection, Air pollution control.
Dated: June 16, 2020.
James Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA amends 40 CFR parts
52 and 81 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. 52.1343, revise paragraph (b) to read as follows:
Sec. 52.1343 Control strategy: Sulfur dioxide.
* * * * *
(b) Determination of attainment. EPA has determined, as of July 9,
2020, that the Jackson County 2010 SO2 nonattainment has
attained the 2010 SO2 1-hr NAAQS. This determination
suspends the requirements for this area to submit an attainment
demonstration, associated reasonably available control measures,
reasonable further progress, contingency measures, and other plan
elements related to attainment of the standards for as long as the area
continues to meet the 2010 SO2 1-hr NAAQS.
[[Page 41195]]
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart C--Section 107 Attainment Status Designations
0
4. In Sec. 81.317, the table titled ``Kansas-2010 Sulfur Dioxide NAAQS
[Primary]'' is amended by revising the entry ``Wyandotte County, KS''
to read as follows:
Sec. 81.317 Kansas.
* * * * *
Kansas--2010 Sulfur Dioxide NAAQS
[Primary]
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Designation
Designated area \1\ -----------------------------------------------------------------------------------
Date \2\ Type
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* * * * * * *
Wyandotte County, KS........ July 9, 2020............................ Attainment/Unclassifiable.
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\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
boundaries of any area of Indian country in this table, including any area of Indian country located in the
larger designation area. The inclusion of any Indian country in the designation area is not a determination
that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is April 9, 2018, unless otherwise noted.
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[FR Doc. 2020-13376 Filed 7-8-20; 8:45 am]
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