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Federal Register / Vol. 86, No. 186 / Wednesday, September 29, 2021 / Rules and Regulations Table of Contents
III. What action is the EPA taking?

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
The EPA is taking final action to amend the Missouri SIP by approving the States request to revise 10 CSR 10
5.540, Control of Emissions from Batch Process Operations. The EPA received no comments on the revisions detailed in the EPAs proposed rule and the TSD
contained in the docket for this action.
The EPA did not solicit comments on existing rule text that has been previously approved by the EPA into the SIP.

I. What is being addressed in this document?
The EPA is approving revisions to the Missouri SIP received on January 19, 2021. The revisions are to Title 10, Division 10 of the Code of State Regulations CSR, 10 CSR 105.540
Control of Emissions From Batch Process Operations which limits the volatile organic compound VOC
emissions from batch process operations by incorporating reasonably available control technology RACT requirements in the St. Louis 1997 ozone nonattainment area as required by the Clean Air Act Amendments CAAA of 1990. These revisions remove references to State rule 10 CSR 106.030, Sampling Methods for Air Pollution Sources, and replaces them with references to 10 CSR 106.070, New Source Performance Regulations, where the new source performance standards in 40 CFR part 60 are appropriately incorporated by reference.
These revisions are described in detail in the technical support document TSD included in the docket for this action.
The public comment period on the EPAs proposed rule opened August 9, 2021, the date of its publication in the Federal Register and closed on September 8, 2021 86 FR 43459.
During this period, the EPA received no comments. The EPA is finalizing approval of the revisions to this rule because it meets the requirements of the Clean Air Act and will not have a negative impact on air quality.

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II. Have the requirements for approval of a SIP revision been met?
The States 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 December 16, 2019, to February 6, 2020
and received no comments. As explained in the EPAs proposed rule and in the TSD included in the docket, the revisions meet the substantive SIP
requirements of the CAA, including section 110 and implementing regulations.

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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 the amendments to 40 CFR part 52 set forth 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 EPAs approval, and will be incorporated by reference in the next update to the SIP compilation.1
V. Statutory and Executive Order Reviews Under the 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. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, EPAs 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 1 62

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FR 27968, May 22, 1997.

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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. 1044;
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. 8042.
Under section 307b1 of the CAA, petitions for judicial review of this action must be filed in the United States
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