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

Cited as:85 FR 41193
Court:Environmental Protection Agency
Publication Date:09 Jul 2020
Record Number:2020-13376
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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