[Federal Register Volume 68, Number 91 (Monday, May 12, 2003)]
[Rules and Regulations]
[Pages 25418-25442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11187]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[MO 182-1182; FRL-7494-5]


Determination of Attainment of Ozone Standard, St. Louis Area; 
Approval and Promulgation of Implementation Plans, and Redesignation of 
Areas for Air Quality Planning Purposes, State of Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is determining that the St. Louis ozone nonattainment area 
(St. Louis area) has attained the 1-hour ozone National Ambient Air 
Quality Standard (NAAQS). The St. Louis ozone nonattainment area 
includes the counties of Franklin, Jefferson, St. Charles, and St. 
Louis as well as St. Louis City in Missouri and the counties of 
Madison, Monroe, and St. Clair in Illinois. This determination is based 
on three years of complete, quality-assured ambient air quality 
monitoring data for the 2000 through 2002 ozone seasons that 
demonstrate that the 1-hour ozone NAAQS has been attained in the area. 
EPA is also determining that certain ozone attainment demonstration 
requirements, along with certain other related requirements of part D 
of title I of the Clean Air Act (CAA), are not applicable to the St. 
Louis area.
    EPA is also approving a request from the state of Missouri, 
submitted on December 6, 2002, to redesignate the St. Louis area to 
attainment of the 1-hour ozone NAAQS. In approving this request EPA is 
also approving the state's plan for maintaining the 1-hour ozone NAAQS 
through 2014, as a revision to the Missouri State Implementation Plan 
(SIP). EPA is also finding adequate and approving the state's 2014 
Motor Vehicle Emission Budgets (MVEBs) for volatile organic compounds 
(VOCs) and nitrogen oxide compounds (NOX) in the submitted 
maintenance plan for transportation conformity purposes. Refer also to 
a separate rule published today regarding similar approvals for the 
state of Illinois.

DATES: This rule is effective May 12, 2003.

ADDRESSES: Relevant documents for this rule are available for 
inspection at the Environmental Protection Agency, Region 7, Air 
Planning and Development Branch, 901 North 5th Street, Kansas City, 
Kansas 66101. Interested persons wanting to examine these documents 
should make an appointment with the appropriate office at least 24 
hours in advance.

FOR FURTHER INFORMATION CONTACT: Tony Petruska, (913) 551-7637, 
([email protected]).

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. What is the background for this action?
II. What actions are we taking and when are they effective?
III. Why are we taking these actions to redesignate the area?
IV. What are the effects of redesignation to attainment of the 1-
hour NAAQS?

[[Page 25419]]

V. What comments did we receive and what are our responses?
VI. Statutory and Executive Order Reviews.

I. What Is the Background for This Action?

    On January 30, 2003, EPA published a final rule and two proposed 
rules related to the St. Louis ozone nonattainment area (68 FR 4836, 68 
FR 4842 and 68 FR 4847). The final rule found at 68 FR 4836 reinstated 
and made effective a prior EPA finding that the St. Louis ozone 
nonattainment area did not attain the 1-hour ozone standard by November 
15, 1996 (based on 1994-1996 ozone data) and reinstated a 
reclassification of the area to a serious nonattainment area. In 
addition, in the January 30, 2003, final rule, EPA established a 
schedule for submission of state implementation plan revisions and 
established November 15, 2004, as the date by which the St. Louis area 
must attain the ozone standard. A correction to this final rule was 
published on February 13, 2003, which corrected a table entry (68 FR 
7410). In the proposed rule found at 68 FR 4847, EPA proposed to 
determine that the St. Louis ozone nonattainment area has attained the 
1-hour ozone standard based on complete, quality-assured monitoring 
data for 2000 through 2002. In addition, the proposed rule proposed to 
approve requests from the states of Missouri and Illinois to 
redesignate the St. Louis area to attainment with the 1-hour ozone 
NAAQS, proposed to determine that certain requirements of the CAA are 
not applicable, proposed to approve the states' maintenance plans as 
revisions to the SIP, and proposed to find adequate and approve the 
2014 motor vehicle emission budgets for volatile organic compounds and 
nitrogen oxide compounds for transportation conformity purposes. In the 
proposed rule found at 68 FR 4842, EPA proposed to approve a revision 
to the state implementation plan for the inspection and maintenance (I/
M) program operating in the Missouri portion of the St. Louis area.
    This rule is EPA's final action finding that the St. Louis ozone 
nonattainment area has attained the 1-hour ozone standard, as well as 
EPA's final action on the January 30, 2003, proposal found at 68 FR 
4847 as it relates to the Missouri portion of the St. Louis 
nonattainment area. As noted in the January 30, 2003, proposed rule on 
page 4848, EPA received separate requests from Missouri and Illinois to 
redesignate the St. Louis area to attainment. In the January 30, 2003, 
proposed rule, EPA proposed actions related to both the Missouri and 
Illinois portions of the nonattainment area. However, EPA stated that 
it was considering issuance of two separate rules when it took final 
action on the redesignation requests. We received no comments on this 
aspect of the proposal. With the exception of the determination of 
attainment, EPA is taking final action related to the Missouri portion 
of the nonattainment area and is taking final action on the Illinois 
portion of the St. Louis nonattainment area in separate rulemaking 
actions. Section 107(d)(3)(v) provides, as a prerequisite to 
redesignation, that: ``the State containing such area has met all 
requirements applicable to the area under section 110 and part D.'' 
This section plainly shows that Congress meant for EPA to evaluate 
whether each state requesting redesignation of an area has met the 
applicable requirements. In addition, each state has authority only to 
adopt and submit for approval a maintenance plan and a revision of its 
SIP that are applicable to its territory. Since each state has the 
authority only to request redesignation for the portion of the area 
within its boundaries, and EPA evaluated each states' request for 
redesignation separately, the final rules redesignating each states' 
portion of the nonattainment area are being published separately. 
However, EPA has concluded that in determining whether or not a 
multistate area has attained the standard based upon complete, quality-
assured ambient air quality monitoring data, EPA will consider the 
attainment status of the area as a whole. Therefore, EPA's finding that 
the area has attained the NAAQS applies to the entire nonattainment 
area, and we are publishing that finding in this rule. In another rule 
published today, EPA references this finding and takes separate action 
on a similar redesignation request and SIP submission by Illinois. See 
67 FR 49600, July 31, 2002 (Reinstatement of Redesignation of Kentucky 
Portion of Cincinnati-Hamilton area) for additional discussion of these 
issues.
    The history for this action has been set forth in detail in the 
proposed rulemaking published January 30, 2003 (68 FR 4847, 4848-4849), 
and is summarized below.
    The Missouri portion of the St. Louis nonattainment area includes 
Franklin, Jefferson, St. Charles, and St. Louis Counties and St. Louis 
City. The Illinois portion of the St. Louis nonattainment area includes 
Madison, Monroe, and St. Clair Counties (collectively referred to as 
the Metro-East area).
    The St. Louis area was designated as an ozone nonattainment area in 
March 1978 (43 FR 8962). On November 15, 1990, the CAA Amendments of 
1990 were enacted. Under section 107(d)(4)(A) of the CAA, on November 
6, 1991 (56 FR 56694), the St. Louis area was designated as a moderate 
ozone nonattainment area as a result of monitored violations of the 1-
hour ozone NAAQS during the 1987-1989 period. On January 30, 2003, EPA 
reclassified the area to a serious nonattainment area, effective 
January 30, 2003.
    The states adopted and implemented emission control programs 
required under the CAA to reduce emissions of VOC and NOX. 
These emission control programs include stationary source reasonably 
available control technology (RACT), vehicle I/M programs, 
transportation control measures (TCMs), and other measures (see the 
analysis and discussion of specific emission control measures at 68 FR 
4847). As a result of the emission control programs, ozone monitors in 
the St. Louis area have recorded three years of ozone monitoring data 
for the 2000-2002 period showing that the area has attained the 1-hour 
ozone NAAQS.
    On December 6, 2002, the Missouri Department of Natural Resources 
(MDNR) submitted a Redesignation Demonstration and Maintenance Plan for 
the Missouri Portion of the St. Louis ozone nonattainment area along 
with a request to redesignate the Missouri portion of the St. Louis 
nonattainment area to attainment of the 1-hour ozone NAAQS. Included in 
the Redesignation Demonstration and Maintenance Plan for the Missouri 
Portion of the St. Louis nonattainment area is a plan to maintain the 
1-hour ozone NAAQS for at least the next 10 years, and the 2014 MVEBs 
for transportation conformity purposes.

II. What Actions Are We Taking and When Are They Effective?

    After consideration of the comments received in response to the 
January 30, 2003, proposal, as described in section V below, we are 
taking the following actions:

A. Determination of Attainment

    EPA is determining that the St. Louis ozone nonattainment area, 
consisting of both the Missouri and the Illinois portions of the area, 
has attained the 1-hour ozone standard.
    EPA is also determining that certain attainment demonstration 
requirements (section 172(c)(1) of the CAA), along with certain other 
related requirements, of part D of title I of the CAA, specifically the 
section 172(c)(9) contingency measure requirement (measures needed to 
mitigate a state's

[[Page 25420]]

failure to achieve reasonable further progress toward, and attainment 
of, a NAAQS), the section 182 attainment demonstration and rate of 
progress (ROP) requirements, and the section 182(j) multi-state 
attainment demonstration requirement, are not applicable to the St. 
Louis area.
    On January 30, 2003 (68 FR 4847), EPA proposed that the St. Louis 
area had attained the standard based on 2000-2002 monitoring data. With 
this finding, EPA also proposed that certain requirements, including an 
attainment demonstration, were no longer applicable as the area had 
attained the standard. EPA has explained at length in other actions its 
rationale for the reasonableness of this interpretation of the CAA and 
incorporates those explanations by reference. See (67 FR 49600) 
(Cincinnati-Hamilton, Kentucky, July 31, 2002); (66 FR 53095) 
(Pittsburgh-Beaver Valley, Pennsylvania, October 19, 2001); (65 FR 
37879) (Cincinnati-Hamilton, Ohio and Kentucky, June 19, 2000); (61 FR 
20458) (Cleveland-Akron-Lorain, Ohio May 7, 1996); (60 FR 36723) (July 
18, 1995) Salt Lake and Davis Counties, Utah); (60 FR 37366) (July 20, 
1995), (61 FR 31832-31833) (June 21, 1996) (Grand Rapids, MI). The 
United States Court of Appeals for the Tenth Circuit has upheld EPA's 
interpretation. Sierra Club v. EPA, 99 F. 3d 1551 (10th Cir. 1996).
    EPA reiterates the position set forth in its prior rulemaking 
actions and in the January 30, 2003 (68 FR 4847) proposed rulemaking 
for the St. Louis area. Subpart 2 of part D of title I of the CAA 
contains various air quality planning and SIP submission requirements 
for ozone nonattainment areas. EPA believes it is reasonable to 
interpret the provisions regarding Reasonable Further Progress (RFP) 
and attainment demonstrations, along with other certain other related 
provisions, not to require SIP submissions if an ozone nonattainment 
area subject to those requirements is monitoring attainment of the 
ozone standard (i.e., attainment of the NAAQS demonstrated with three 
consecutive years of complete, quality-assured, air quality monitoring 
data). EPA interprets the general provisions of subpart 1 of part D of 
title I (sections 171 and 172) not to require the submission of SIP 
revisions concerning RFP, attainment demonstrations or section 
172(c)(9) contingency measures. As explained in a memorandum from John 
S. Seitz, Director, Office of Air Quality Planning and Standards, 
entitled ``Reasonable Further Progress, Attainment Demonstration, and 
Related Requirements for Ozone Nonattainment Area Meeting the Ozone 
National Ambient Air Quality Standard,'' dated May 10, 1995, EPA 
believes it is appropriate to interpret the more specific attainment 
demonstration and related provisions of subpart 2 in the same manner. 
See Sierra Club v. EPA, 99 F. 3d. 1551 (10th Cir. 1996).
    The attainment demonstration requirements of section 182(b)(1) 
require that the plan provide for ``such specific annual reductions in 
emissions * * * as necessary to attain the national primary ambient air 
quality standard by the attainment date applicable under the CAA.'' If 
an area has, in fact, monitored attainment of the relevant NAAQS, EPA 
believes there is no need for an area to make a further submission 
containing additional measures to achieve attainment. This is also 
consistent with the interpretation of certain section 172(c) 
requirements provided by EPA in the General Preamble to Title I. As EPA 
stated in the General Preamble, no other measures to provide for 
attainment would be needed by areas seeking redesignation to attainment 
since ``attainment will have been reached'' (57 FR 13564). Upon 
attainment of the NAAQS, the focus of state planning efforts shifts to 
the maintenance of the NAAQS and the development of a maintenance plan 
under section 175A.
    Similar reasoning applies to other related provisions of subpart 2. 
The first of these are the contingency measure requirements of section 
172(c)(9) of the CAA. EPA has previously interpreted the contingency 
measure requirements of section 172(c)(9) as no longer being applicable 
once an area has attained the standard since those ``contingency 
measures are directed at ensuring RFP and attainment by the applicable 
date'' (57 FR 13564).
    The state must continue to operate an appropriate network, in 
accordance with 40 CFR part 58, to verify the attainment status of the 
area. The air quality data relied upon to determine that the area is 
attaining the ozone standard must be consistent with 40 CFR part 58 
requirements and other relevant EPA guidance and recorded in EPA's 
Aerometric Information Retrieval System (AIRS).
    EPA has reviewed the ambient air monitoring data for ozone 
(consistent with the requirements contained in 40 CFR part 58 and 
recorded in EPA's AIRS) for the St Louis ozone nonattainment area from 
the 2000 to 2002 ozone seasons. EPA has also reviewed the preliminary 
data collected to date for the 2003 ozone season (for St. Louis, the 
ozone season is April 1 through October 31 of each year). On the basis 
of this review, EPA has determined that the area has attained the 1-
hour ozone standard during the 2000-2002 period and continues to attain 
the standard, and therefore is not required to submit an attainment 
demonstration and a section 172(c)(9) contingency measure plan, nor 
does it need any other measures to attain the 1-hour ozone standard.

B. Redesignation of Missouri Portion of the St. Louis Area to 
Attainment

    Although EPA is determining that the entire St. Louis nonattainment 
area has attained the 1-hour ozone standard, EPA has determined that it 
is appropriate to take final action related to Missouri's request to 
redesignate the Missouri portion of the St. Louis nonattainment area 
and take final action related to Illinois' request to redesignate the 
Illinois portion of the St. Louis nonattainment area in separate 
rulemaking actions being published today. In the January 30, 2003, 
proposal, EPA stated that it was considering publishing separate 
rulemakings for Missouri and Illinois (68 FR 4848). We received one 
comment in support of publishing separate rulemakings and no adverse 
comments. In this rulemaking, EPA is taking the following actions with 
respect to the Missouri portion of the St. Louis nonattainment area:
    EPA is approving a request from the state of Missouri to 
redesignate the Missouri portion of the St. Louis nonattainment area to 
attainment of the 1-hour ozone NAAQS.
    In addition, EPA is taking the following actions:
    1. Approving Missouri's plan for maintaining the 1-hour ozone NAAQS 
through 2014, as a revision to the Missouri SIP;
    2. Finding adequate and approving the 2014 MVEBs of 47.14 tons per 
ozone season weekday for VOC and 68.59 tons per ozone season weekday 
for NOX in the submitted maintenance plans for 
transportation conformity purposes; and,
    3. Determining that the attainment demonstration (and related 
contingency measure requirements) and reasonably available control 
measure (RACM) requirements of the CAA are not applicable.

C. Effective Date of These Actions

    EPA finds that there is good cause for this determination of 
attainment, redesignation to attainment and SIP revision to become 
effective immediately upon publication because a delayed effective date 
is unnecessary due to the nature of a redesignation to attainment which 
relieves the area from certain CAA requirements that would otherwise 
apply to it. The immediate

[[Page 25421]]

effective date for this action is authorized under both 5 U.S.C. 
553(d)(1), which provides that rulemaking actions may become effective 
less than 30 days after publication if the rule ``grants or recognizes 
an exemption or relieves a restriction'' and section 553(d)(3) which 
allows an effective date less than 30 days after publication ``as 
otherwise provided by the agency for good cause found and published 
with the rule.''
    In addition, as indicated above, the January 30, 2003, final rule 
reclassified the St. Louis area to a ``serious'' nonattainment area and 
established a schedule for submission of SIP revisions fulfilling the 
requirements for serious ozone nonattainment areas. Upon the effective 
date of this rule, the state of Missouri will be relieved of the 
obligation to develop and submit these SIP revisions. In addition, the 
Missouri rules adopted to meet the requirements of title V of the CAA, 
provide that in a ``serious'' area, stationary sources with potential 
emissions of VOCs and NOX greater than 50 tons per year are 
major sources. As such, these major sources are subject to the title V 
permit program and are required to submit title V permit applications 
within twelve months of January 30, 2003. Upon the effective date of 
this rule, stationary sources which are newly subject to the title V 
permitting program as a result of the January 30, 2003, 
reclassification to a serious nonattainment area will be relieved of 
the requirement to submit title V permit applications. In a separate 
rulemaking, EPA is redesignating the Illinois portions of the St. Louis 
area to attainment. Additional requirements specific to the Illinois 
portion of the St. Louis area are described in that separate rulemaking 
and are also being lifted as a result of that portion's redesignation 
to attainment. EPA finds that good cause exists for this final rule 
being immediately effective since it relieves the state of Missouri as 
well as stationary sources of certain restrictions which would 
otherwise apply.

III. Why Are We Taking These Actions To Redesignate the Area?

    EPA has determined that the St. Louis area has attained the 1-hour 
ozone standard. In addition, EPA has determined that the state of 
Missouri has demonstrated that the criteria for redesignation of the 
Missouri portion of the area from nonattainment to attainment have been 
met.
    In the January 30, 2003, proposed rule at 68 FR 4847, EPA described 
the applicable criteria for redesignation to attainment. Specifically, 
section 107(d)(3)(E) allows for redesignation providing that: (1) The 
Administrator determines that the area has attained the applicable 
NAAQS; (2) the Administrator has fully approved the applicable 
implementation plan for the area under section 110(k); (3) the 
Administrator determines that the improvement in air quality is due to 
permanent and enforceable reductions in emissions resulting from 
implementation of the applicable implementation plan and applicable 
Federal air pollutant control regulations and other permanent and 
enforceable reductions; (4) the Administrator has fully approved a 
maintenance plan for the area as meeting the requirements of section 
175A; and, (5) the state containing such area has met all requirements 
applicable to the area under section 110 and part D.
    EPA has determined that the St. Louis area has attained the 
applicable NAAQS. EPA has fully approved the applicable implementation 
plan for the Missouri portion of the St. Louis area under section 
110(k). EPA has determined that the improvement in air quality is due 
to permanent and enforceable reductions in emissions resulting from 
implementation of the applicable implementation plan and applicable 
Federal air pollutant control regulations and other permanent and 
enforceable reductions. EPA has fully approved a maintenance plan for 
the Missouri portion of the area as meeting the requirements of section 
175A. Missouri has met all requirements applicable to the Missouri 
portion of the area under section 110 and part D.
    By finding that the maintenance plan provides for maintenance of 
the NAAQS through 2014, EPA is hereby finding adequate and approving 
the 2014 MVEBs contained within the maintenance plan. The MVEB for 
NOX in the Missouri portion of the St. Louis area is 68.59 
tons per ozone season weekday. The MVEB for VOCs in the Missouri 
portion of the St. Louis area is 47.14 tons per ozone season weekday.
    The rationale for these findings is as stated in this rulemaking 
and the January 30, 2003, proposed rule found at 68 FR 4847.

IV. What Are the Effects of Redesignation to Attainment of the 1-Hour 
NAAQS?

    These actions determine that the area attained the 1-hour ozone 
standard and that certain other related requirements of part D of title 
I of the CAA, specifically the section 172(c)(9) contingency measure 
requirement (measures needed to mitigate a state's failure to achieve 
reasonable further progress toward, and attainment of, a NAAQS), the 
section 182 attainment demonstration and rate of progress requirements, 
and the section 182(j) multi-state attainment demonstration requirement 
are not applicable to the St. Louis area. EPA's determination that the 
St. Louis area has met the 1-hour ozone standard relieves the states 
from the obligation to meet certain additional requirements, which 
apply to areas not attaining that standard.
    EPA notes that the area is likely to be designated nonattainment 
for the 8-hour ozone standard and would be subject to any additional 
requirements as a result of such designation. EPA also notes that it is 
not revoking the 1-hour standard for the St. Louis area.
    Approval of the Missouri redesignation request changes the official 
designation for the 1-hour ozone NAAQS found at 40 CFR part 81 for the 
Missouri portion of the St. Louis area, including the City of St Louis, 
and the Counties of Franklin, Jefferson, St. Charles, and St. Louis 
from nonattainment to attainment. It also incorporates into the 
Missouri SIP a plan for maintaining the 1-hour ozone NAAQS through 
2014. The plan includes contingency measures to remedy any future 
violations of the 1-hour ozone NAAQS, and includes VOC and 
NOX MVEBs for 2014 for the Missouri portion of the St. Louis 
area.

V. What Comments Did We Receive and What Are Our Responses?

    We received five letters regarding the January 30, 2003, proposed 
rule found at 68 FR 4847. Four of the letters generally supported the 
rulemaking action. Two of the four letters in support of the rulemaking 
action raised issues to which EPA is responding in this section. One of 
the five letters contained adverse comments. A summary of the comments 
and EPA's responses to them are provided below. This discussion 
addresses comments relating to the St. Louis area as a whole, and 
comments specifically relating to the Missouri portion of the area. 
Comments relating specifically to the Illinois portion of the area are 
addressed in the final rule for Illinois published elsewhere in this 
Federal Register.

A. Comment Related to Meeting the Criteria for Redesignation to 
Attainment

    Comment 1: The St. Louis area has failed to meet any of the five 
criteria specified in section 107(d)(3)(E) of the CAA for redesignation 
to attainment.
    Response 1: EPA's determination that the St. Louis area has 
attained the ozone standard is set forth in section II.A above. EPA has 
further found that the area has met all of the five criteria

[[Page 25422]]

specified in section 107(d)(3)(E) of the CAA for redesignation to 
attainment. Below are specific comments and responses raised by the 
commenter regarding each criterion.

B. Comments Related to Criterion 1: The Area Must Be Attaining the 1-
Hour Ozone NAAQS

    Comment 2: Monitoring data are not representative of air quality 
conditions. Monitoring data collected on Labor Day weekend in 2002 are 
``hopelessly contaminated'' due to voluntary emission reductions 
undertaken by industry and others.
    Response 2: Section 107(d)(3)(E)(i) of the CAA states that one 
criterion for redesignation to attainment is that EPA must determine 
that the NAAQS has been attained. The regulations at 40 CFR part 58 
specify data collection and quality assurance procedures. For ozone, an 
area is attaining the 1-hour ozone NAAQS if there are no violations, as 
determined in accordance with 40 CFR 50.9 and appendix H. The 
regulation at 40 CFR 50.9 states ``the standard is attained when the 
expected number of days per calendar year with maximum hourly average 
concentrations above 0.12 part per million is equal to or less than 1 
as determined by appendix H.'' Appendix H states, ``The basic principle 
in making this determination is relatively straightforward. . . . In 
its simplest form, the number of exceedances at a monitoring site would 
be recorded for each calendar year and then averaged over the past 3 
calendar years to determine if this average is less than or equal to 
1.'' The monitoring data for the St. Louis nonattainment area 
demonstrate that the estimated number of exceedances per year averaged 
over three years (2000 through 2002) is 1.0 or less at all monitoring 
sites in the area. In the case of St. Louis, all of the data collected 
are reviewed, quality assured and submitted to EPA's Air Quality System 
(AQS) database. EPA conducts a number of activities to determine that 
the data meet the data collection and quality assurance procedures of 
40 CFR part 58 including the following:

--EPA ensures that the state (and local agencies) is performing quality 
assurance/quality control (QA/QC) checks properly through systems 
audits as required per 40 CFR part 58, appendix A. During these systems 
audits EPA ensures that states are properly calibrating instruments, 
properly performing precision and span checks on instruments, and 
properly conducting audits of the instruments as required in 40 CFR 
part 58, appendix A.
--EPA chooses several hourly ozone values and tracks those data points 
from their collection at the monitor through their data handling 
procedures, including QA/QC procedures, to its final destination in the 
AQS database.
--To ensure quality data, as required by 40 CFR part 58, appendix A, 
prior to the start of ozone season each year, EPA certifies at least 
one primary standard ozone photometer for each of the state and local 
agencies. These primary ozone photometers stay in the state/local 
laboratories. Transfer standard photometers are verified against the 
primary photometer and are used to calibrate the ozone analyzers in the 
field. Thus, all of the data collected is traceable back to EPA's 
primary photometer.
--EPA, as well as the quality assurance groups of the state and local 
agencies, conduct audits on the ozone instruments collecting the data. 
These audits are required to be performed quarterly as per 40 CFR part 
58, appendix A. EPA audits each ozone instrument at least once per 
ozone season. This ensures that the instrument is operating properly 
and collecting accurate data, and it also acts as a check on the state 
and local quality assurance groups to make sure that the audits they 
have conducted are accurate.
--As required by 40 CFR part 58, appendix A, Precision and Span checks 
are performed every two weeks by the agency operating the instrument.

    EPA believes that any voluntary measures which may have been taken 
by industry and others over a two- or three-day period in this three-
year time period do not render the air quality monitoring data 
unrepresentative of the air quality. The data would only be 
``contaminated'' if there had been an error with respect to collection 
and quality assurance of the data, which there was not. The commenter 
offers no information indicating data collection was improper. In 
addition, even if these activities by the community were relevant to 
whether the area had attained, there is no evidence that emissions were 
actually reduced to an extent which would have a significant effect on 
ozone levels. See response to comment 18 below regarding further 
discussion on the ``voluntary reductions'' during the Labor Day weekend 
in 2002. In fact, as explained in the January 30, 2003, proposal at 68 
FR 4856-4858, and in section V.D. below, the monitored improvements in 
air quality were due to permanent and enforceable emission reductions. 
For example, as explained further in response to comment 19, the 
Missouri centralized motor vehicle inspection and maintenance program 
began in April 2000, the first year of the 2000-2002 time period. The 
use of reformulated gasoline began in 1999 and achieved additional 
reductions during the 2000-2002 time period. The monitoring data 
accurately reflected actual air quality conditions. See response to 
comment 19 below regarding EPA's conclusion that improvements in air 
quality are attributable to permanent and enforceable reductions in 
ozone precursor emissions.
    Comment 3: EPA's proposal ignores the second component discussed in 
a September 4, 1992, redesignation guidance document from John Calcagni 
entitled ``Procedures for Processing Requests to Redesignate Areas to 
Attainment'' (Calcagni memo) to EPA regional offices, that the 
determination of attainment should rely not only on monitored values, 
but on supplemental EPA-approved modeling. For St. Louis, monitored 
data runs directly counter to air quality modeling. The modeling 
supported the contention that the NAAQS could be attained only in 2004 
after all control measures are adopted. Thus, the monitored attainment 
is a ``fluke'' explainable by factors other than the success of the 
pollution control measures. In addition, based on the Calcagni memo the 
commenter believes that supplemental ozone modeling may be necessary to 
determine the representativeness of the monitored data. Without such 
supplemental modeling, the commenter asserts that the January 30, 2003, 
proposed rule's implicit conclusion that the St. Louis area ozone data 
are ``representative'' is baseless.
    Response 3: The commenter cites a policy memorandum entitled 
``Procedures for Processing Requests to Redesignate Areas to 
Attainment'' dated September 4, 1992 (Calcagni memo), which states that 
there are two components in determining that an area has met the 
section 107(d)(3)(E)(i) requirement. This policy states the following:

    The state must show that the area is attaining the applicable 
NAAQS. There are two components involved in making this 
demonstration which should be considered interdependently. The first 
component relies upon ambient air quality data. * * * The second 
component relies upon supplemental EPA-approved air quality 
modeling. No such supplemental modeling is required for 
O3

[[Page 25423]]

(ozone) nonattainment areas seeking redesignation * * * (pages 2 and 
3).

    This document explains that supplemental modeling may be needed, 
for example, in sulfur dioxide and carbon monoxide areas, where 
emissions are localized and a small number of monitors may not be 
representative of air quality (page 3). In contrast, ozone is not a 
localized pollutant, and the St. Louis area has an extensive monitoring 
network consisting of nineteen monitors operating each year from 2000 
through 2002 as described in EPA's proposal at 68 FR 4850. Therefore, 
consistent with the language in the policy and the rationale in calling 
for modeling in some cases for some pollutants and not in other cases, 
modeling is not required as part of this redesignation. Neither section 
107(d)(3)(E) nor the policy referenced by the commenter requires 
modeling as a prerequisite to redesignation of an ozone nonattainment 
area. In addition, no modeling was conducted as part of the 
redesignation requests submitted by Missouri or Illinois. Therefore, 
EPA does not believe that the monitored data runs counter to air 
quality modeling. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001), and 
the redesignations for Pittsburgh (66 FR 53094, October 19, 2001), and 
Cincinnati (65 FR 37879, June 19, 2000). See response to comments 10, 
19, 21, 23, 24, 26, 37 below regarding further discussion of modeling 
issues.
    Commenter's contention that attainment cannot be reached until at 
least 2004 is addressed below in response to comments 21 and 24.
    In addition, the correlation between air quality improvements and 
permanent and enforceable emission reductions, demonstrating that 
monitored attainment is not a ``fluke'' is described in detail in the 
proposal and section V.D below.
    The ozone modeling approaches used do not support any direct 
comparisons between ozone modeling results and monitored ozone 
concentrations for years other than a monitored and modeled base 
period. Although statistical comparisons are made between monitored 
ozone data and modeled base period ozone concentrations to validate 
ozone modeling results, ozone models are not designed to explicitly 
model ozone concentrations at specific locations or to exactly predict 
future ozone concentrations that can be compared to monitored ozone 
concentrations on a site-by-site basis. Ozone models are designed to 
primarily predict the relative impacts of emission changes on future 
peak ozone levels assuming the same meteorological conditions that are 
modeled for the base period. Such modeling techniques produce results 
with considerable uncertainty (relative to time- and location-specific 
monitored ozone concentrations) when one actually compares future 
modeled results with monitored ozone concentrations for the same years. 
The commenter errs in trying to force comparisons not supported by the 
existing science.
    What the modeling results do imply is that, as regional 
NOX emission controls are implemented through statewide 
rules in Illinois, Missouri, and other states, peak ozone levels in the 
St. Louis area are expected to decrease. This increases the likelihood 
of maintaining the ozone standard in the St. Louis area, thus 
supporting the approval of the state's ozone redesignation request. 
Illinois and Missouri are committed to implement statewide 
NOX emission controls regardless of the attainment status of 
the St. Louis area. Both states are currently implementing statewide 
NOX control rules.
    Comment 4: The monitored data do not support a conclusion of 
continued attainment since the trend is toward increases in exceedances 
because the number of exceedances tripled from 2000 to 2001 and more 
than doubled from 2001 to 2002 showing an upward trend in peak ozone 
concentrations. The commenter notes that, if the same number of 
exceedances that occurred in 2002 occur in 2003 or 2004, the area will 
again violate the one-hour ozone standard.
    Response 4: See response to comment 20 below for our detailed 
response to the comment relating to air quality trends. The 
determination of attainment, as explained in the January 30, 2003, 
proposal, in section II.A. above, and in response to comment 2, is 
based on the requirements of section 107(d)(3)(E)(i) and EPA's 
regulation which defines attainment of the ozone standard. The 
regulatory definition is based on design values over a 3-year period, 
not on year-to-year trends within the three-year period. It would be 
inconsistent with the regulation to adopt an additional criterion for 
determining attainment.
    It should be noted that a ``worsening'' ozone trend for the St. 
Louis area can only be discerned for the 2000-2002 period by combining 
the annual number of exceedances for all monitoring sites in the area 
(by totaling the number of exceedances for each year for all monitoring 
sites combined). This approach is technically flawed. The ozone 
standard is based on assessing the peak ozone data for each monitoring 
site individually not by cumulating the data for all sites. Review of 
the yearly exceedance data for each monitoring site, as given in Table 
1 in the January 30, 2003, proposed rule (68 FR 4850) and in response 
to comment 20 below, shows that no consistent ozone exceedance rate 
trend can be established for the individual monitoring sites for this 
period. For example, the West Alton site experienced one ozone 
exceedance per year with no up or down trend. The Wood River monitor in 
Illinois increased from zero exceedances in 2000 to one exceedance in 
2001 and back down to zero exceedances in 2002. Many monitors continued 
to record zero exceedances throughout the 2000-2002 period as noted 
above. Some monitors, which recorded zero exceedances in 2000 and 2001, 
recorded one or two exceedances in 2002, hardly a consistent, robust 
trend. Contrary to the commenter's assertion, on a monitor-by-monitor 
basis, which is the basis for assessing compliance with the 1-hour 
ozone standard, there is no consistent ``worsening'' trend in peak 
ozone concentrations.
    Comment 5: EPA asserts that the data is ``quality assured'' but 
provided no explanation. EPA must demonstrate that the data is quality 
assured. EPA must document the adequacy of the states' quality 
assurance plan. Also, the commenter questions whether the data relied 
on for the attainment determination was quality-assured since it was 
entered in AIRS earlier than usual.
    Response 5: As indicated in the response to comment 2 above, the 
regulations at 40 CFR part 58 specify data collection and quality 
assurance procedures. The Calcagni memo on page 2 specifies that the 
data should be collected and quality-assured in accordance with 40 CFR 
part 58 and recorded in AIRS in order for it to be available to the 
public for review. The monitoring data for the St. Louis area was 
quality assured and entered into AIRS in accordance with these 
requirements.
    Appendix A to 40 CFR part 58 specifies the quality assurance 
requirements for state and local air monitoring stations. The 
regulation at 40 CFR 58.35(c) requires that the monitoring data be 
entered into AIRS within 90 days after the end of the calendar quarter 
in which it is collected. Thus, monitoring data collected through 
September 2002 must be quality assured and entered into AIRS by 
December 31, 2002. Monitoring data for October 2002 must be quality 
assured and entered into AIRS by March 31, 2003.

[[Page 25424]]

Monitoring data collected in a calendar quarter can be quality assured 
and entered into AIRS at any time prior to 90 days after the end of 
that quarter.
    The monitoring data is quality assured and entered into AIRS by the 
state and local agencies in the St. Louis area. The regulation at 40 
CFR 58.20 requires states to adopt and submit to EPA revisions to the 
SIP which provide for meeting the requirements of appendix A. On 
September 27, 1984 (49 FR 38103), EPA approved Missouri's Air Quality 
Monitoring Plan. EPA stated in this September 27, 1984, rulemaking that 
``the Missouri Air Quality Monitoring Plan satisfies the requirements 
of 40 CFR 58.20.'' On March 4, 1981 (46 FR 15136), EPA approved 
Illinois' Air Quality Surveillance Plan. EPA stated in this March 4, 
1981, rulemaking that EPA has reviewed the plan and ``it meets the 
requirements of * * * EPA regulations in 40 CFR part 58.'' As part of 
the September 27, 1984, and March 4, 1981, rulemakings the public was 
provided the opportunity to review and comment on Missouri's and 
Illinois' quality assurance procedures. Pursuant to the Calcagni memo, 
page 3, and upheld in Wall v. EPA (265 F.3d. 426, 437), an EPA action 
on a redesignation request does not mean that earlier issues with 
regard to the SIP will be reopened. Thus, there is no requirement to 
present quality assurance procedures in this rulemaking.
    In addition to Missouri's Air Quality Monitoring Plan and Illinois' 
Air Quality Surveillance Plan, EPA reviewed and approved the States' 
Quality Management Plans (QMP). Under the states' QMP, the state and 
local agencies conducting the ambient monitoring develop Quality 
Assurance Project Plans (QAPP). It is through the QMP and QAPP that EPA 
reviewed and approved the states' and local agencies' quality assurance 
procedures. In order to verify that the state and local agencies 
followed these procedures and that the data meets the data collection 
and quality assurance procedures of 40 CFR part 58, EPA conducted the 
actions listed in the response to comment 2 above.

C. Comments Related to Criterion 2: The Area Must Have a Fully Approved 
SIP Under Section 110(k)

    Comment 6: The serious area SIP requirements of the CAA are 
applicable to the St. Louis area. These requirements have not been 
promulgated by the states and there is no ``claim'' that they could not 
have been submitted with the redesignation request. Thus, the SIPs are 
not ``fully approved.'' In addition, the Calcagni memo includes 
procedures suggested by EPA for reducing the stringency of the control 
measures to become part of the contingency measure. The states have not 
done these procedures.
    Response 6: The SIP which is required to be ``fully approved'' 
under criterion 2 is the ``applicable'' implementation plan (section 
107(d)(3)(E)(ii)). This section requires that the SIP must be ``fully 
approved'' under section 110(k) rather than partial, conditional, or 
limited approval (Calcagni memo, page 3). Section 107(d)(3)(E)(v) 
requires the SIP to include ``all requirements applicable to the area 
under Section 110 and Part D.'' This comment relates to the issue of 
which requirements are ``applicable,'' rather than whether the SIP is 
fully approved. The commenter asserts, without explanation, that the 
statute requires EPA to determine that the ``serious'' area 
requirements are applicable to its consideration of the redesignation 
request for the area. However, the CAA is not as prescriptive as the 
commenter assumes. (See, Wall v. EPA, 265 F.3d 426,438 (6th Cir. 2001) 
which states: ``The statute, however, does not describe how the EPA is 
to decide which Part D requirements are ``applicable'' in evaluating a 
redesignation request.'')
    EPA has established a policy to provide guidance in determining how 
to apply the statutory criterion with respect to which requirements are 
applicable in reviewing a redesignation request. As stated in the 
January 30, 2003, proposed rule (page 4851), the September 4, 1992, 
Calcagni memo (see ``Procedures for Processing Requests to Redesignate 
Areas to Attainment,'' Memorandum from John Calcagni, Director, Air 
Quality Management Division, September 4, 1992) describes EPA's 
interpretation of the section 107(d)(3)(E) requirement. Under this 
interpretation, states requesting redesignation to attainment must meet 
the relevant CAA requirements that come due prior to the submittal of a 
complete redesignation request. Areas may be redesignated even though 
they have not adopted measures that come due after the submission of a 
complete redesignation request. A detailed discussion of EPA's 
rationale for this interpretation is contained in the rule 
redesignating Detroit-Ann Arbor, 60 FR 12459, 12465-12466 (March 7, 
1995). Pursuant to the January 30, 2003, final rule reclassifying the 
St. Louis area to ``serious'' (68 FR 4836), the serious nonattainment 
area requirements are due on January 30, 2004. The final rule has not 
been timely challenged under section 307(b)(1) of the CAA. Thus, the 
serious nonattainment area requirements due date is January 30, 2004. 
Since the serious area requirements are not yet due, the SIP is not 
deficient because the serious area requirements have not been included. 
EPA policy and a reasonable application of sections 107(d)(3)(E)(ii) 
and (v) allow for an area to be redesignated even though the area has 
not adopted measures which are not yet due. EPA has consistently 
applied this policy and interpretation in other redesignations 
including the Detroit-Ann Arbor redesignation cited above.
    In addition, there is no requirement in section 107(d)(3)(E) that 
states must ``claim'' (or demonstrate) that they could not have 
submitted the serious area SIP revisions or any additional revisions at 
the time of the redesignation requests, if those requirements are not 
applicable to the area when the request is made. EPA's action to 
reclassify the area to a serious nonattainment area was published in 
the Federal Register after both states had submitted their 
redesignation requests to attainment, and it established a deadline for 
submission of the serious area requirements which had not yet passed, 
and still remains in the future. Thus, Missouri was not required to 
include in its request a ``claim'' that the state cannot complete the 
serious area requirements.
    Finally, the Calcagni memo discusses the statutory requirement that 
the state must implement all measures included in the SIP prior to 
redesignation (pages 12-13). (In response to comment 32, EPA discusses 
how this requirement has been met.) This requirement does not expand 
the universe of requirements which are ``applicable'' for purposes of 
redesignation. Unless the serious area requirements are applicable to 
an area, and already contained in a SIP prior to redesignation, the 
discussion in the Calcagni memo does not relate to the issue raised by 
the commenter.
    Because the serious area requirements are not applicable 
requirements for St. Louis, for the reasons discussed above, and are 
not included in the SIP for St. Louis, the guidance in the Calcagni 
memo and in a memorandum entitled ``State Implementation Plan (SIP) 
Requirements for Areas Submitting Requests for Redesignation to 
Attainment of the Ozone and Carbon Monoxide (CO) National Ambient Air 
Quality Standards (NAAQS) on or after November 15, 1992'' dated 
September 17, 1993 (Shapiro memo), relating to mechanisms for 
converting part D measures into contingency measures is

[[Page 25425]]

not relevant for purposes of this redesignation.
    Comment 7: The proposed rulemaking suggests that a SIP meeting the 
serious area requirements need not be fully approved because such a 
plan is not yet due. The CAA does not make an exception for SIP 
revisions that have or have not become due. In fact, the serious area 
requirements have, as a matter of law, become due. The plans were due 
by June 14, 1998, and no later than May 18, 2002, pursuant to previous 
EPA and Court actions. The commenter stated that the May 18, 2002, date 
was set by EPA in a March 19, 2001, rulemaking, and that the effect of 
a decision by the Court of Appeals for the Seventh Circuit was to 
reinstate this submission date.
    Response 7: Section 107(d)(3)(E)(ii) requires that the applicable 
SIP for the area must be fully approved under section 110(k). As 
discussed in the response to comments 6 and 8, the applicable SIPs for 
the St. Louis area are fully approved, and the serious area 
requirements have not yet become due. In making this determination, EPA 
is not creating an ``exception'' to the statutory requirements for 
approved SIPs, but is determining that SIP revisions which are not yet 
due are not ``applicable'' for purposes of section 107(d)(3)(E)(ii) and 
(v). As stated in the January 30, 2003, final rule at 68 FR 4838, on 
November 25, 2002, the Seventh Circuit Court of Appeals vacated a June 
26, 2001, rule extending the St. Louis area's attainment date, and 
remanded to EPA for ``entry of a final rule that reclassifies St Louis 
as a serious nonattainment area effective immediately * * *'' (Sierra 
Club and Missouri Coalition for the Environment v. EPA, 311 F. 3d 853 
(7th Cir. 2002)). In response to the Court's order, and in accordance 
with section 181(b)(2) of the CAA, EPA reinstated the nonattainment 
determination and reclassification contained in the March 19, 2001, 
rulemaking (66 FR 15585). In the January 30 rule, EPA also established 
a deadline of 12 months after January 30, 2003, for the states to 
submit the serious area requirements. The rationale for the deadline is 
stated in the January 30, 2003, final rule (68 FR 4838). The January 
30, 2003, final rule was not challenged and this redesignation 
rulemaking does not reopen the January 30 rulemaking. Comments on the 
appropriate deadline for the serious area requirements are beyond the 
scope of this rule.
    With respect to the commenter's assertion that the serious area 
requirements should have been due by June 14, 1998, this is based on an 
argument made by the commenter in the U.S. District Court and the Court 
of Appeals for the District of Columbia that the reclassification of 
the St. Louis area to serious should have been made retrocative to 
1997, with the serious area measures due in 1998. This argument is not 
only outside the scope of this rulemaking as explained previously, but 
it was rejected by both Courts (See, Sierra Club v. Whitman, 285 F.3d, 
63, 68 (D.C. Cir. 2002)). The Courts rejected the notion that 
retroactive SIP submission dates should be imposed because they would 
have passed before the area had notice and opportunity to meet the 
deadlines. See also, Metropolitan Washington, DC, Maryland and Virginia 
Determination of Nonattainment (68 FR 3410, January 24, 2003). As 
explained above, EPA's determination that the serious area requirements 
are not ``applicable'' with respect to this redesignation because they 
are not yet due is consistent with the CAA, with the January 30, 2003, 
final rule, with applicable EPA policy, with relevant judicial 
decisions, and with a long history of prior redesignation actions.
    Comment 8: There is no ``fully approved'' or even a partially 
approved SIP because the June 26, 2001, rule was vacated by the Court 
of Appeals for the Seventh Circuit.
    Response 8: This comment refers to both the Missouri and Illinois 
portions of the St. Louis area. EPA is hereby providing a response 
regarding the Missouri portion of the St. Louis area. See the 
rulemaking in today's Federal Register regarding redesignation of the 
Illinois portion of the St. Louis area for EPA's response to this 
comment as it pertains to the Illinois portion of the St. Louis area.
    In the January 30, 2003, proposed rule at 68 FR 4850 through 4856, 
EPA described the actions taken by EPA in the June 26, 2001, rule which 
were vacated by the Court of Appeals for the Seventh Circuit. Also, in 
the January 30, 2003, proposed rule at 68 FR 4850 through 4856, EPA 
reproposed to approve some requirements, and explained that certain 
additional actions vacated by the Court were no longer applicable 
requirements since the area has attained the NAAQS. As discussed in the 
January 30, 2003, proposed rule, the additional actions vacated by the 
Court which are no longer applicable include the contingency measure 
requirements of section 172(c), additional RACM requirements of section 
172(c)(1) and section 182(b), and the attainment demonstration 
requirements of section 182(b)(1). That discussion is incorporated 
herein. See also the discussion in section II.A concerning the 
inapplicability of certain requirements. In the June 26, 2001, rule, 
EPA took the following relevant actions: approved Missouri's and 
Illinois' 1-hour ozone attainment demonstration; found that the St. 
Louis ozone nonattainment area met the RACM requirements of the CAA; 
found that the contingency measures identified by the states of 
Illinois and Missouri are adequate; approved the Illinois and Missouri 
MVEBs; approved an exemption from the oxides of nitrogen 
(NOX) emission control requirements for RACT and disapproved 
an exemption from the NOX new source review (NSR) and 
NOX conformity requirements for the Illinois portion of the 
St. Louis ozone nonattainment area. EPA has determined, for the reasons 
stated in this rule and in the proposed rule, that the attainment 
demonstration, and RACM requirements, are no longer applicable 
requirements since the area has attained the NAAQS. In this rulemaking, 
EPA is approving contingency measures as part of Missouri's maintenance 
plan, and approving MVEBs for 2014, for the Missouri portion of the 
area. In a separate rulemaking in today's Federal Register, EPA is 
approving revisions to Missouri's I/M rule.
    To be considered fully approved pursuant to section 110(k), the SIP 
must not have partial approval, disapproval, or conditional approval of 
submittals. EPA is not partially approving, disapproving, nor 
conditionally approving any of the SIP actions contained in the June 
26, 2001, rule vacated by the Court. EPA is fully approving the 
measures submitted by Missouri which are applicable for purposes of 
section 107(d)(3)(E)(v), and is determining that the other submissions 
are not applicable.
    Therefore, the SIP is ``fully approved'' for all applicable 
requirements.
    Comment 9: EPA attempted to assert that the Missouri and Illinois 
SIPs ``can be considered to be approved.'' This is a ``pseudo-
approval'' and an attempt by EPA to escape the simple straightforward 
statutory requirement to have a fully approved SIP. This effort by EPA 
fails because of the clear language of the CAA, and because EPA must do 
a rulemaking to approve the SIP. EPA is also avoiding the requirement 
for judicial review of its actions.
    Response 9: This comment refers to both the Missouri and Illinois 
portions of the St. Louis area. EPA is hereby providing a response 
regarding the Missouri portion of the St. Louis area. See the 
rulemaking in today's Federal Register regarding redesignation of the

[[Page 25426]]

Illinois portion of the St. Louis area for EPA's response to this 
comment as it pertains to the Illinois portion of the St. Louis area.
    The use of the phrase ``can be considered to be approved'' (see the 
January 30, 2003, proposed rule at 68 FR 4851, 4852) was merely a 
statement the SIPs will meet the section 110 requirements and as such 
``can be considered to be approved'' if EPA were to approve certain 
plan elements, described in the proposed rulemakings. On January 30, 
2003, EPA published two proposed rules found at 68 FR 4842 and 68 FR 
4847. As part of these proposals, EPA proposed to approve revisions to 
Missouri's I/M rule. In today's Federal Register, EPA is taking final 
action approving Missouri's I/M rule. By taking these actions, EPA now 
concludes that Missouri's SIP is approved. The use of the quoted phrase 
was not intended to escape a statutory requirement. In fact, it 
recognized EPA's obligation to complete rulemakings in order to approve 
SIPs, and it recognized that EPA could not determine that the SIP was 
fully approved until it took final action to approve the remaining SIP 
elements. All of the SIP elements which are applicable to the St. Louis 
area for purposes of redesignation have either been approved in 
previous rulemakings (see response to comments 6, 7, 8, 13, 14, 15, and 
16 for a discussion of these prior rulemakings) or are approved in 
rulemakings published today.
    The proposed rule at 68 FR 4851 states that on November 25, 2002, 
the U.S. Court of Appeals for the Seventh Circuit (Court) issued a 
decision in Sierra Club and Missouri Coalition for the Environment v. 
EPA, 311 F. 3d 853 (7th Cir. 2002). In this decision, the Court vacated 
the June 26, 2001, rule and remanded to EPA for entry of a final rule 
that reclassifies St Louis as a serious nonattainment area for ozone. 
Although the Court's opinion addressed only EPA's action extending the 
attainment date for St. Louis, the Court's order vacated the other EPA 
actions in the rulemaking as well. EPA has approved all SIP elements 
that are applicable to the St. Louis area and is determining that 
certain others are not applicable. This is not a ``pseudo-approval'' of 
the SIP elements, but a determination that because certain requirements 
(e.g., the attainment demonstration and RACM) are not applicable, they 
need not be approved. (See response to comment 8 for more discussion of 
the requirement for a fully approved SIP.) The applicable requirements 
which were approved prior to the June 26, 2001, action (e.g., VOC RACT, 
NOX RACT, the ROP Plan) were subject to notice and comment 
rulemaking and judicial review. The measures approved today (the 
maintenance plan and contingency measures, MVEBs, I/M program 
revisions) have been subject to notice and comment rulemaking and EPA's 
action is subject to judicial review. EPA's determination that certain 
requirements are not applicable has been subject to notice and comment 
rulemaking and is subject to judicial review. The public has had full 
opportunity to comment on all of EPA's actions, as evidenced by the 
numerous comments submitted by the commenter. Therefore, EPA has not 
avoided any requirement for public comment or judicial review.
    In acting upon a redesignation request, EPA may rely on any prior 
SIP approvals plus any additional approvals it may perform in 
conjunction with acting on the redesignation. EPA has already taken 
final action to approve all required SIP elements or is approving them 
in conjunction with this final action on the redesignation. Therefore, 
the St. Louis area has a fully approved SIP. See ``Procedures for 
Processing Requests to Redesignate Areas to Attainment,'' John 
Calcagni, Director, Air Quality Management Division, September 4, 1992, 
page 3 (Calcagni memo). The Calcagni memo allows for approval of SIP 
elements and redesignation to occur simultaneously, and EPA has 
frequently taken this approach in its redesignation actions. See (66 FR 
53096) (Pittsburgh-Beaver Valley, Pennsylvania, October 19, 2001); (65 
FR 37879) (Cincinnati-Hamilton, Ohio, June 19, 2000); (61 FR 20458) 
(Cleveland-Akron-Lorain, Ohio May 7, 1996); (60 FR 37366) (July 20, 
1995), (61 FR 31832-31833) (June 21, 1996) (Grand Rapids, MI).
    Comment 10: The SIPs fail to meet the section 110 requirements 
because the ``inapplicable ``moderate'' area'' requirements contained 
in the SIPs do not provide for implementation, maintenance, and 
enforcement of the NAAQS because modeling shows that the plan does not 
provide for attainment until 2004. Furthermore, Missouri has failed to 
meet the section 110(a)(2)(D) requirements related to the 
NOX SIP call.
    Response 10: EPA finds that the Missouri SIP meets the section 110 
requirements. See the January 30, 2003, proposal and the responses to 
comments 8 and 9 for further discussion.
    Submissions under the NOX SIP call are not applicable 
requirements for purposes of evaluating a redesignation request.
    At this time, Missouri is not subject to the NOX SIP 
call. As explained in the proposal, EPA's determination that Missouri 
significantly contributes to downwind nonattainment was vacated by the 
Court of Appeals for the District of Columbia Circuit. EPA is not 
relying on a SIP to predict attainment but is relying on air quality 
monitoring data to show that the area has attained. With respect to the 
assertion that the area must have an approved attainment demonstration 
SIP in order to meet the requirements of section 110, EPA has addressed 
this issue in its response to comments on the lack of an approved 
attainment demonstration for the area. Section 110(a)(1) does not add 
any additional requirements for compliance with the NAAQS other than 
those included in section 172(c) and 182, and the commenter does not 
identify any specific additional requirements. See the responses to 
comments 3, 21, and 24 with respect to the assertion that the modeling 
for the area shows that it cannot attain until 2004.
    The SIP call budget for Missouri was proposed on February 22, 2002 
(67 FR 8396), but has not yet been finalized. For this reason alone, it 
is not an applicable requirement. In addition, the NOX SIP 
call requirements for a state are not linked with a particular 
nonattainment area's designation and classification in that state. EPA 
believes that the requirements linked with a particular nonattainment 
area's designation and classification are the relevant measures to 
evaluate in reviewing a redesignation request. The NOX SIP 
call submittal requirements, where applicable, continue to apply to a 
state regardless of the designation of any one particular area in the 
state.
    Thus, we do not agree that the NOX SIP call submission 
should be construed to be an applicable requirement for purposes of 
redesignation. The section 110 and part D requirements, which are 
linked with a particular area's designation and classification, are the 
relevant measures to evaluate in reviewing a redesignation request. 
This policy is consistent with EPA's existing conformity and oxygenated 
fuels requirements, as well as with section 184 ozone transport 
requirements. See Reading, Pennsylvania, proposed and final rulemakings 
(61 FR 53174-53176, October 10, 1996), (62 FR 24826, May 7, 1997); 
Cleveland-Akron-Lorain, Ohio, final rulemaking (61 FR 20458, May 7, 
1996); and Tampa, Florida, final rulemaking at (60 FR 62748, December 
7, 1995). See also the discussion on this issue in the Cincinnati 
redesignation (65 FR 37890, June 19, 2000), and in the

[[Page 25427]]

Pittsburgh redesignation (66 FR 50399, October 19, 2001).
    Comment 11: The state SIPs fail to meet the part D requirements of 
the CAA. EPA asserts that certain requirements of part D are not 
applicable because monitoring data shows the area has attained. EPA 
relies on the case of Sierra Club v. EPA for this conclusion. However, 
this case has no application here because it was not a ``redesignation 
case.'' Given the attainment demonstration modeling, it would be 
impossible to conclude that any of the ``part D requirements are not 
necessary.'' All part D requirements are applicable unless, prior to 
redesignation, EPA formally exempts the St. Louis area from the part D 
requirements.
    Response 11: Section II.A of this document, discussing the 
rationale for EPA's determination of attainment and suspension of 
certain requirements, addresses the applicability of the part D 
requirements. The part D requirements specifically include the 
requirements of sections 172(c) and 176 as well as the applicable 
requirements of subpart 2. The section 172(c) requirements include 
General Plan Requirements which to the extent applicable, must provide 
for the implementation of all RACM as expeditiously as practicable (at 
a minimum this requires RACT for stationary source), RFP, emissions 
inventory, identification and quantification of allowable emissions for 
major new or modified stationary sources, permits for new and modified 
major stationary sources, other emission control measures needed to 
assure attainment of the NAAQS, section 110(a)(2) requirements, and 
contingency measures. Section 110(a)(2) requirements include submittal 
of a SIP that has been adopted by the state after reasonable public 
notice and hearing; provisions for establishment and operation of 
appropriate apparatus, methods, systems, and procedures needed to 
monitor ambient air quality; implementation of a source permit program; 
provisions for the implementation of part C requirements (Prevention of 
Significant Deterioration (PSD)); provisions for the implementation of 
part D requirements (nonattainment area NSR permit programs); 
provisions for stationary source emission control measures, source 
monitoring, and source reporting; provisions for air pollution 
modeling; and provisions for public and local agency participation in 
planning and emission control rule development. Subpart 2 requirements 
include attainment demonstration, 1990 base year inventory and periodic 
emissions inventories updates, emission statements, rate-of-progress 
plans, VOC RACT, RACM, stage II vapor recovery, I/M, and NOX 
emission controls.
    As stated in the response to comment 8 above, the Missouri SIP 
meets all applicable requirements including section 110 and part D 
requirements. As stated in the January 30, 2003, proposed rule at 68 FR 
4852 and 4853, EPA has approved each state's RFP, permitting programs, 
and VOC RACT rules as meeting the requirements of part D. Missouri's 
SIP has regulations requiring annual emission statements from major 
sources. Missouri has submitted complete emission inventories. Missouri 
has approved general conformity rules pursuant to section 176. In 
addition, Missouri has approved transportation conformity rules. EPA is 
approving in this action Missouri's maintenance plan which includes 
adequate contingency measures. Thus, Missouri has met the applicable 
part D requirements of the CAA. Note that also as stated in the 
response to comment 8, by finding that the St. Louis area has attained 
the standard, the attainment demonstration and RACM requirements are no 
longer applicable requirements. See also the final rule for Illinois 
describing how the Metro-East St. Louis area has met the applicable 
requirements.
    As indicated in comment 3 above, neither section 107(d)(3)(E) nor 
EPA policy referenced by the commenter requires modeling as a 
prerequisite to redesignation of an ozone nonattainment area. In 
addition, no modeling was conducted as part of the redesignation 
requests submitted by Missouri or Illinois. Thus, there is no modeling 
basis for EPA to make any conclusions regarding the necessity for the 
part D requirements. (Modeling is not a required element of a 
redesignation request. See, 65 FR 37879--Cincinnati redesignation for 
additional discussion of this issue. See, Wall v. EPA, 265 F.3d. 426 
upholding this interpretation.) However, as explained in detail in 
comment 3, the monitoring data collected over the 2000 through 2002 
period show that the area has in fact attained the ozone standard. EPA 
finds no need for further controls to bring about attainment.
    With respect to the commenter's assertion that the Tenth Circuit 
Sierra Club case is not applicable because it is not a 
``redesignation'' case, the commenter misses the point of the case as 
it relates to St. Louis. The Tenth Circuit's endorsement of the 
interpretation of the CAA in the Seitz memo (that certain ``statutory'' 
requirements relating to attainment are not applicable to an area which 
has attained the standard) was not dependent on the fact that the area 
was not being redesignated. The case involved a determination by EPA 
that Salt Lake and Davies Counties, Utah, had attained the standard, 
and that, therefore, certain additional requirements relating to 
attainment (such as an attainment demonstration) would not apply so 
long as the area continued to attain. The Court expressly recognized 
that the area could be redesignated without having met those 
requirements, even though the action at issue there was an attainment 
determination and not a redesignation. The Court stated: ``Recall that 
the Environmental Protection Agency's determination to exempt the 
Counties from limited ozone requirements is really no more than a 
suspension of those requirements for so long as the area continues to 
attain the standard or until the area is formally redesignated to 
attainment.'' (Sierra Club v. EPA, 99 F.3d 1551, 1558 (10th Cir. 
1996)). (See also, 66 FR 53095 for EPA's redesignation of the 
Pittsburgh area.) The Court did not say, as the commenter would have 
it, that the area would have to adopt those measures which had been 
determined to be unnecessary in order to be redesignated. As it did for 
the Utah counties, in which EPA redesignated those counties without 
requiring that they meet the suspended requirements, EPA is here 
determining that the St. Louis area is attaining the standard and that 
certain requirements are suspended and do not apply because the area is 
being redesignated. The basis for this determination and the suspension 
of certain requirements for the area was explained in detail in the 
proposal found at 68 FR 4850-4858 and further explained in this 
response to various comments on the issue. The determination is based 
on monitored data, not modeling, for reasons explained in this 
document. Nothing in the Tenth Circuit case prohibits EPA from 
simultaneously suspending the requirements and redesignating an area, 
which is what this rulemaking accomplishes. EPA has taken this dual 
action in a number of areas including Louisville (66 FR 53665), 
Cincinnati (65 FR 37879), Grand Rapids (61 FR 31831), and Pittsburgh 
(66 FR 53094). Upon redesignation to attainment, the suspended 
nonattainment area requirements will no longer apply at all since the 
area is no long a designated nonattainment area.
    Comment 12: EPA asserts that the RACM requirements of section 
172(c)(1) need not be adopted because the area has attained the NAAQS, 
thus, these

[[Page 25428]]

measures would not accelerate attainment. This is confoundingly 
circular reasoning which erases the ``fully approved'' requirements of 
the CAA. EPA's assertion is not relevant here.
    Response 12: The April 16, 1992, General Preamble (57 FR 13560) 
states that EPA interprets section 172(c)(1) such that the RACM 
requirements are a ``component'' of an area's attainment demonstration. 
Thus, since the attainment demonstration is not an applicable 
requirement, RACM is also no longer an applicable requirement. See 
response to comment 8 for further discussion. Also, EPA has been 
consistent in this interpretation. See the final rulemaking for 
Pittsburgh, 66 FR 53096 (October 19, 2001) for additional discussion of 
this interpretation.
    EPA believes that its policy is not ``confoundingly circular 
reasoning'' but rather straightforward reasoning. It is reasonable to 
conclude that states need not develop an attainment demonstration 
showing how they will attain a NAAQS that they have already attained. 
Similarly, states need not adopt additional reasonably available 
control measures as necessary to accelerate attainment when attainment 
has already been achieved.
    As stated in the response to comments 8 and 9, SIPs must be ``fully 
approved'' as required by section 107(d)(3)(E)(ii), only with respect 
to the ``applicable'' requirements of section 110 and part D, as 
addressed in section 107(d)(3)(E)(v). If requirements are not 
``applicable'' with respect to those sections, they need not be fully 
approved.
    Comment 13: The RACM and RACT requirements of the CAA are not tied 
to reasonable further progress but are required by the CAA to be 
implemented as expeditiously as practicable. This is supported by H.R. 
Rep. No. 101-490, Part 2, 101st Cong., 2d Sess. at p. 223; Sierra Club 
v. EPA, 99 F.3d 1551, 1557 (10th Cir. 1996); Wall v. EPA, 265 F.3d 426, 
441 (6th Cir. 2001); and, EPA's Seitz memo, page 4. EPA's contention 
that any additional RACM and RACT measures need not be adopted directly 
repudiates the plain language of the CAA.
    Response 13: This comment refers to both the Missouri and Illinois 
portions of the St. Louis area. EPA is hereby providing a response 
regarding the Missouri portion of the St. Louis area. See the 
rulemaking in today's Federal Register regarding redesignation of the 
Illinois portion of the St. Louis area for EPA's response to this 
comment as it pertains to the Illinois portion of the St. Louis area.
    EPA has previously addressed the rationale for its determination 
that additional RACM is not required for an area attaining the 
standard. (See, e.g., section II and response to comment 12.) The RFP 
requirement under section 172(c)(2) is defined as progress that must be 
made toward attainment. Section 182(b)(1)(A) sets forth the specific 
requirements for RFP for a moderate nonattainment area which includes a 
reduction in VOC emissions of at least 15 percent from baseline 
emissions. As stated in the January 30, 2003, proposed rule at 68 FR 
4854, 4855, EPA approved Missouri's 15 percent ROP plan.
    RACM is a general requirement of section 172(c)(1) which calls for 
SIPs to contain ``all reasonably available control measures as 
expeditiously as practicable (including such reductions in emissions 
from existing sources in the area as may be obtained through the 
adoption, at a minimum, of reasonably available control technology and 
shall provide for attainment of the national primary ambient air 
quality standards.'' EPA has consistently interpreted this provision to 
require only implementation of potential RACM measures that could 
contribute to reasonable progress or attainment. (See General Preamble 
57 FR 13498, April 16, 1992.) Thus, where an area has already met all 
applicable requirements for progress and has attained the relevant 
standard, no additional RACM measures are required.
    Section 182(b)(2) specifies the SIP requirements for RACT in 
moderate nonattainment areas. These requirements include implementation 
of RACT at each source of VOCs covered by Control Technology Guidelines 
(CTGs) and all other major sources of VOCs. EPA has never indicated 
that the area could avoid implementing VOC RACT requirements because 
the area has attained the standard.
    As stated in the January 30, 2003, proposed rule at 68 FR 4855, 
Missouri has adopted and implemented all required VOC RACT rules. In 
addition, section 182(f) establishes NOX RACT requirements 
for major stationary sources. EPA approved Missouri's NOX 
RACT rule into the SIP on May 18, 2000 (65 FR 31482).
    The commenter states that H.R. Rep. No. 101-490, Part 2, 101st 
Cong., 2d Sess. at p. 223 does not tie RACM and RACT measures to RFP. 
This document is a recitation of the statute, but does not address 
tying RACM and RACT to RFP.
    With respect to the commenter's contention that EPA's position 
regarding additional RACM and RACT measures was rejected in the Tenth 
Circuit Sierra Club case and in Wall, the commenter is incorrect. The 
Wall case involved VOC RACT, which is not an issue here, because, as 
discussed previously, and in response to comment 14 below, Missouri has 
adopted all applicable VOC RACT measures. Missouri has also adopted 
NOX RACT measures. The Tenth Circuit Sierra Club case upheld 
EPA's determination that RACT was not tied to reasonable further 
progress, and that case did not address EPA's interpretation of RACM at 
all. The commenter's Seventh Circuit brief, which it relies on to 
support its position that RACM requirements must be met for an area to 
be redesignated, argued that EPA's interpretation of the RACM 
requirement (that section 172(c)(1) requires only implementation of all 
RACM which would expedite attainment) is an improper reading of the 
CAA. That issue was not addressed or decided by the Seventh Circuit. 
However, the issue of EPA's interpretation of the RACM requirement was 
raised and upheld in the 5th Circuit (Sierra Club v. EPA, 314 F.3d 735, 
743-745 (5th Cir. 2002)) and the District of Columbia Circuit (Sierra 
Club v. EPA, 294 F.3d 155, 162-163 (D.C. Cir. 2002)). Both circuits 
found that EPA's interpretation that the statute only required 
implementation of RACM measures that would advance attainment was 
reasonable.
    Comment 14: The rulemaking should identify each VOC RACT rule 
implemented by the states and identify whether the states have met the 
VOC RACT requirements.
    Response 14: This comment refers to both the Missouri and Illinois 
portions of the St. Louis area. EPA is hereby providing a response 
regarding the Missouri portion of the St. Louis area. See the 
rulemaking in today's Federal Register regarding redesignation of the 
Illinois portion of the St. Louis area for EPA's response to this 
comment as it pertains to the Illinois portion of the St. Louis area.
    The January 30, 2003, proposed rule states at 68 FR 4855 that both 
states have adopted and implemented all required VOC RACT rules. In 
addition, the proposed rule provided the following web sites which 
contain the content of these rules, and references to EPA's rulemakings 
approving these rules. The Web site for Missouri is: http://www.epa.gov/region07/programs/artd/air/rules/missouri/chap5.htm.
    The VOC RACT rules listed on this Web site and EPA's rulemakings 
approving these rules include the following:

10 CSR 10-5.070 Open Burning Restrictions, 37 FR 10842 (5/31/72)

[[Page 25429]]

10 CSR 10-5.220 Control of Petroleum Liquid Storage, Loading and 
Transfer, 37 FR 10842 (5/31/72)
10 CSR 10-5.295 Control of Emissions From Aerospace Manufacturing and 
Rework Facilities, 65 FR 31489 (5/18/2000)
10 CSR 10-5.300 Control of Emissions from Solvent Metal Cleaning, 45 FR 
24140 (4/9/80) and 45 FR 56806 (7/11/80) (correction)
10 CSR 10-5.310 Liquefied Cutback Asphalt Paving Restricted, 45 FR 
24140 (4/9/80) and 45 FR 46806 (7/11/80) (correction)
10 CSR 10-5.320 Control of Emissions from Perchloroethylene Dry 
Cleaning Installations, 46 FR 20172 (4/3/81)
10 CSR 10-5.330 Control of Emissions from Industrial Surface Coating 
Operations, 45 FR 24140 (4/9/80) and 45 FR 46806 (7/11/80) (correction)
10 CSR 10-5.340 Control of Emissions from Rotogravure and Flexographic 
Printing Facilities, 46 FR 20172 (4/3/81)
10 CSR 10-5.350 Control of Emissions from Manufacture of Synthesized 
Pharmaceutical Products, 46 FR 20172 (4/3/81)
10 CSR 10-5.360 Control of Emissions from Polyethylene Bag Sealing 
Operations, 49 FR 40164 (10/15/84)
10 CSR 10-5.370 Control of Emissions from the Application of Deadeners 
and Adhesives, 55 FR 7712 (3/5/90)
10 CSR 10-5.390 Control of Emissions from Manufacture of Paints, 
Varnishes, Lacquers, Enamels and Other Allied Surface Coating Products, 
50 FR 14925 (4/16/85)
10 CSR 10-5.410 Control of Emissions from the Manufacture of 
Polystyrene Resin, 55 FR 7712 (3/5/90)
10 CSR 10-5.420 Control of Equipment Leaks from Synthetic Organic 
Chemical and Polymer Manufacturing Plants, 53 FR 12417 (4/14/88)
10 CSR 10-5.440 Control of Emissions from Bakery Ovens, 65 FR 8060 (2/
17/2000)
10 CSR 10-5.442 Control of Emissions From Offset Lithographic Printing 
Operations, 65 FR 8060 (2/17/00)
10 CSR 10-5.450 Control of VOC Emissions from Traffic Coatings, 65 FR 
8060 (2/17/00)
10 CSR 10-5.451 Control of Emissions from Aluminum Foil Rolling, 65 FR 
8060 (2/17/00)
10 CSR 10-5.455 Control of Emissions from Solvent Cleanup Operations, 
65 FR 8060 (2/17/00)
10 CSR 10-5.490 Municipal Solid Waste Landfills, 63 FR 20320 (4/24/98)
10 CSR 10-5.500 Control of Emissions From Volatile Organic Liquid 
Storage, 65 FR 31489 (5/18/00)
10 CSR 10-5.520 Control of Volatile Organic Compound Emissions From 
Existing Major Sources, 65 FR 31489 (5/18/2000)
10 CSR 10-5.530 Control of Volatile Organic Compound Emissions From 
Wood Furniture Manufacturing Operations, 65 FR 31489 (5/18/00)
10 CSR 10-5.540 Control of Emissions From Batch Process Operations, 65 
FR 31489 (5/18/00)
10 CSR 10-5.550 Control of Volatile Organic Compound Emissions From 
Reactor Processes and Distillations Operations Processes in the 
Synthetic Organic Chemical Manufacturing Industry, 65 FR 31489 (5/18/
00)
    The rationale for approval of each of these rules is described in 
the respective Federal Register document approving each rule. As stated 
previously, in the response to comment 5, this redesignation rulemaking 
does not reopen rulemakings regarding prior SIP approvals.
    Comment 15: Missouri has not adopted all appropriate NOX 
and NOX RACT rules. Thus, the SIP is not approvable.
    Response 15: Missouri has adopted and EPA has approved into 
Missouri's SIP a NOX RACT rule meeting the requirements of 
section 182(f). The Missouri NOX RACT rule can be found at 
10 CSR 10-5.510. See comment 13 for further discussion on Missouri's 
NOX RACT rule. As described in response to previous 
comments, pursuant to the Calcagni Memo page 3, and upheld in the Wall 
case cited previously, an EPA action on a redesignation request does 
not mean that earlier issues with regard to the SIP will be reopened. 
See also, Southwestern Pennsylvania Growth Alliance v. Browner, 144 
F.3d 984 (6th Cir. 1998). Thus, EPA is not reopening Missouri's 
NOX RACT rule as part of this redesignation.
    Missouri has adopted and EPA has approved into the SIP a state-wide 
NOX rule (10 CSR 10-6.350 Emissions Limitations and 
Emissions Trading of Oxides of Nitrogen, 65 FR 82285 (12/28/00)).
    As stated in comment 10 above, EPA believes that submissions under 
the NOX SIP call are not applicable requirements for 
purposes of evaluating Missouri's redesignation request.
    EPA has determined that Missouri has adopted all applicable 
NOX and NOX RACT rules.
    Comment 16: The Missouri I/M rule being approved in a separate 
rulemaking does not meet the requirements for an I/M program. EPA needs 
to explain how it can approve an I/M rule since it does not meet the I/
M requirements for a serious area.
    Response 16: EPA is responding to comments regarding Missouri's I/M 
program in a separate rulemaking published in today's Federal Register. 
EPA's response to comments included in that rulemaking are incorporated 
here.
    The Federal rule at 40 CFR 51.372(c) states that ``Any 
nonattainment area that EPA determines would otherwise qualify for 
redesignation from nonattainment to attainment shall receive full 
approval of a SIP submittal under Sections 182(a)(2)(B) or 182(b)(4) if 
the submittal contains the following elements: (1) Legal authority to 
implement a basic I/M program (or enhanced if the State chooses to opt 
up) as required by this subpart. The legislative authority for an I/M 
program shall allow the adoption of implementing regulations without 
requiring further legislation. (2) A request to place the I/M plan (if 
no I/M program is currently in place or if an I/M program has been 
terminated) or the I/M upgrade (if the existing I/M program is to 
continue without being upgraded) into the contingency measures portion 
of the maintenance plan upon redesignation. (3) A contingency measure 
consisting of a commitment by the Governor or the Governor's designee 
to adopt or consider adopting regulations to implement the required I/M 
program to correct a violation of the ozone or CO standard or other air 
quality problem, in accordance with the provisions of the maintenance 
plan. (4) A contingency commitment that includes an enforceable 
schedule for adoption and implementation of the I/M program, and 
appropriate milestones. The schedule shall include the date for 
submission of a SIP meeting all of the requirements of this subpart. 
Schedule milestones shall be listed in months from the date EPA 
notifies the State that it is in violation of the ozone or CO standard 
or any earlier date specified in the State plan. Unless the State, in 
accordance with the provisions of the maintenance plan, chooses not to 
implement I/M, it must submit a SIP revision containing an I/M program 
no more than 18 months after notification by EPA.''
    Regarding item (1) above, as indicated in the response to comment 
35, Missouri has the authority to implement an I/M program. Regarding 
item (2) above, the maintenance plan contains ``High Enhanced I/M'' as 
a contingency measure. The plan was accompanied by a request from an 
authorized Missouri official for EPA to approve the maintenance plan. 
Regarding item (3) above, section 7.1 of the maintenance plan contains 
a commitment to adopt or consider adopting the I/M program listed as a 
contingency measure.

[[Page 25430]]

Regarding item (4) above, the SIP contains an enforceable schedule for 
adoption and implementation of the I/M program. Section 7.1 of the 
maintenance plan sets for a schedule with milestones for promulgation 
and implementation of a program meeting the requirements.
    This meets the condition imposed by the Federal rule at 40 CFR 
51.372(c). Thus, EPA is approving the I/M program in a separate 
rulemaking. This satisfies the basic I/M requirements for moderate 
ozone areas. Since EPA is taking final action to approve the 
redesignation of the St. Louis area prior to the date that the serious 
area requirement for enhanced I/M would be due, EPA can approve the I/M 
program as meeting the moderate rather than the serious area I/M 
requirement, as fully explained in this final rule and in the separate 
I/M approval action taken elsewhere in today's Federal Register.

D. Comments Related to Criterion 3: The Improvement in Air Quality Must 
Be Due to Permanent and Enforceable Reductions in Emissions

    Comment 17: The area cannot meet this requirement since there is 
not an approved SIP meeting the ``serious'' area requirements, and 
there is no applicable implementation plan.
    Response 17: This comment refers to both the Missouri and Illinois 
portions of the St. Louis area. EPA is hereby providing a response 
regarding the Missouri portion of the St. Louis area. See the 
rulemaking in today's Federal Register regarding redesignation of the 
Illinois portion of the St. Louis area for EPA's response to this 
comment as it pertains to the Illinois portion of the St. Louis area.
    As described in the response to comments for Criterion 2 above, the 
SIPs meet the applicable CAA requirements. The applicable SIP 
requirements are described in the January 30, 2003, proposed rulemaking 
(68 FR 4850-4856). EPA's approval of previous SIP submittals, this 
rulemaking and today's rulemaking approving Missouri's I/M rule render 
Missouri's SIP ``fully approved'' for all applicable SIP requirements. 
As stated in response to comments relating to Criterion 2, above, since 
the serious area requirements are not yet due, the SIP is not deficient 
because the serious area requirements have not been included.
    In any event, this criterion is not dependent on which requirements 
are applicable or have been approved or implemented. The requirement is 
that air quality improvements be attributable to permanent and 
enforceable reductions in emissions which is a separate inquiry from 
the question of the requirements applicable to the area. Missouri's 
submission contains a detailed analysis of the air quality improvements 
in St. Louis and their relation to the permanent and enforceable 
control measures which are in place in the area. (See response to 
comment 19 for further discussion.) These measures are listed in the 
proposal at 68 FR 4856-4858. These measures are all part of the 
applicable SIP. Thus, the commenter is incorrect in its assertion that 
there is no applicable SIP.
    Comment 18: It is impossible to demonstrate that monitored 
concentrations on the 2002 Labor Day weekend resulted from permanent 
and enforceable reductions. The reductions were due to voluntary 
curtailment of operations by large industrial operations.
    Response 18: The monitoring data for the St. Louis nonattainment 
area demonstrate that the estimated number of exceedances per year 
averaged over three years is 1.0 or less at all monitoring sites in the 
area. EPA believes that any voluntary measures taken by industry and 
others over a two-or three-day period in this three-year time period 
does not render the air quality monitoring data unrepresentative of the 
air quality. As explained in more detail in response to comment 19 
below, ozone levels monitored during 2000-2002 are due to permanent and 
enforceable measures which are in place (e.g., I/M programs, RACT on 
VOC and NOX stationary sources).
    In the event that some sources did voluntarily reduce emissions 
over this two- or three-day period, EPA has no basis to conclude that 
these voluntary reductions had an effect on the monitored air quality. 
As the commenter points out, ozone formation occurs through ``complex 
chemistry and meteorology.'' Voluntary reductions over a short time 
period may or may not have had an impact on the monitored air quality. 
(We note that ``voluntary'' reductions are always a factor, since total 
emissions at a given point in time depend, for example, on how many 
people decide to drive on a given day or weekend.) However, the state's 
demonstration that air quality improvements are due to permanent and 
enforceable emission reductions is based on its analysis of emission 
reductions over a ten-year period (see response to comment 19), 
consistent with the CAA requirements and EPA policy including the 
Calcagni memo at page 4. Also, see the response to comment 2 above for 
further discussion on this issue. Note that in general, EPA encourages 
voluntary reductions to reduce emissions. EPA supports programs such as 
the Air Quality Index which encourages people to voluntarily reduce 
ozone forming activities such as filling gas tanks, painting, mowing, 
etc. at times when ozone formation is expected to be high. Although 
these measures are not enforceable nor measurable, they are encouraged.
    Comment 19: EPA cannot demonstrate that permanent and enforceable 
reductions are responsible for any alleged improvement of air quality. 
The only way to demonstrate this point is through photochemical grid 
modeling. No such modeling has been presented. Without modeling, EPA's 
claim is pure speculation. Emission reductions attributable to the 
emission controls ``could just as easily lead to increases in ozone 
concentrations.'' The attainment demonstration modeling shows that 
attainment was ``impossible'' in 2003.
    Response 19: This comment refers to both the Missouri and Illinois 
portions of the St. Louis area. EPA is hereby providing a response 
regarding the Missouri portion of the St. Louis area. See the 
rulemaking in today's Federal Register regarding redesignation of the 
Illinois portion of the St. Louis area for EPA's response to this 
comment as it pertains to the Illinois portion of the St. Louis area.
    EPA's response to this and other comments on the attainment 
demonstration modeling is included in the response to comments 21 and 
24. In addition, see the response to comment 23 for further discussion 
regarding the use of modeling in demonstrating maintenance of the 
NAAQS.
    Neither Section 107(d)(3)(E)(iii) nor the Calcagni memo referenced 
by the commenter require modeling as a prerequisite to redesignation of 
an ozone nonattainment area. Thus, modeling is not required to 
demonstrate that the improvement in air quality is due to permanent and 
enforceable reductions. See General Preamble for the Interpretation of 
Title I of the CAA Amendments of 1990 at 57 FR 13496 (April 16, 1992), 
supplemented at 57 FR 18070 (April 28, 1992); ``Procedures for 
Processing Requests to Redesignate Areas to Attainment,'' John 
Calcagni, Director, Air Quality Management Division, September 4, 1992; 
``State Implementation Plan (SIP) Requirements for Areas Submitting 
Requests for Redesignation to Attainment of the Ozone and Carbon 
Monoxide (CO) National Ambient Air Quality Standards (NAAQS) on or 
after November 15, 1992,'' Michael H.

[[Page 25431]]

Shapiro, Acting Assistant Administrator for Air and Radiation, 
September 17, 1993; and ``Use of Actual Emissions in Maintenance 
Demonstrations for Ozone and CO Nonattainment Areas,'' D. Kent Berry, 
Acting Director, Air Quality Management Division, November 30, 1993. 
Our guidance provides that an area may meet this requirement by showing 
how its ozone precursor emissions changed due to permanent and 
enforceable emissions reductions from when the area was not monitoring 
attainment of the 1-hour ozone NAAQS to when it reached attainment. See 
the rationale set forth in the Cincinnati redesignation (65 FR 37879, 
37886-37889, June 19, 2000) and the Pittsburgh redesignation (66 FR 
53094, October 19, 2001). The Sixth Circuit has recently upheld EPA's 
interpretation in Wall v. EPA (265 F.3d 426, 435).
    In the January 30, 2003, proposed rule at 68 FR 4856-4858, EPA 
explained the basis for concluding that the observed air quality 
improvements are due to the implementation of permanent and enforceable 
emission reductions. The reasons include, analysis of the emission 
controls which have resulted in emission reductions, an analysis of 
meteorological conditions showing a trend toward the reduction of ozone 
concentrations while the number of days conducive to forming ozone 
showed no significant trend, and an assessment of emissions in 1990 and 
2000 which have shown a substantial decrease in emissions of VOCs and 
NOX.
    Annual days conducive to ozone formation (those days with 
relatively clear skies, low wind speeds and southerly wind directions, 
high peak temperatures exceeding 85 degrees Fahrenheit, and little or 
no precipitation) have shown no noticeable trend up or down, only 
yearly variations. The number of conducive days have stayed between 
approximately 20 and 50 days per year with no increasing or decreasing 
trend. Meanwhile, exceedances have decreased from over 120 in 1978, 
over 100 in 1983, over 60 in 1988, to a total of 11 in the three-year 
period of 2000 to 2002. In addition, year-to-year fluctuation of 
conducive days cannot be correlated with higher or lower exceedance 
levels over the last few years. Since 1989, as the number of conducive 
days fluctuated from year to year, the number of exceedances 
demonstrated no similar trend. This indicates a disassociation between 
monitored exceedances and meteorological effects.
    During the 1990-2000 period, as the area-wide ozone design values 
in the St. Louis area were decreasing, the VOC and NOX 
emissions in the St. Louis area were also significantly decreasing (see 
response to comment 20 for further discussion on the area's design 
values). The following tables list VOC and NOX emissions in 
1990 and 2000 for the Missouri and Illinois portions of the St. Louis 
ozone nonattainment area. These tables show that the entire 
nonattainment area experienced a downward trend in VOC and 
NOX emissions. This downward trend in emissions and ozone 
design values, along with no significant trend in the number of days 
conducive to ozone formation shows that the observed improvements in 
air quality are due to the implementation of permanent and enforceable 
emission control measures.

 1990 and 2000 Missouri Portion of the St. Louis Nonattainment Area VOC
                            and NOX Emissions
              [Emissions in tons per ozone season weekday]
------------------------------------------------------------------------
                    Source category                       VOC      NOX
------------------------------------------------------------------------
                                  1990
------------------------------------------------------------------------
Point Sources                                             81.97   347.61
Area Sources                                              87.74    29.47
On-Road Mobile Sources                                   135.42   135.00
Off-Road Mobile Sources                                   64.30   114.32
                                                       ----------
  1990 Totals                                            369.43   626.40
-------------------------------------------------------
                                  2000
------------------------------------------------------------------------
Point Sources                                             46.59   165.96
Area Sources                                              57.38    32.27
On-Road Mobile Sources                                   103.79   181.75
Off-Road Mobile Sources                                   40.59    73.16
                                                       ----------
  2000 Totals                                            248.35   453.14
------------------------------------------------------------------------


           1990 and 2000 Metro-East Area VOC and NOX Emissions
              [Emissions in tons per ozone season weekday]
------------------------------------------------------------------------
                    Source category                       VOC       NOX
------------------------------------------------------------------------
                                  1990
------------------------------------------------------------------------
Point Sources                                             74.05    95.85
Area Sources                                              33.84     1.66
On-Road Mobile Sources                                    43.27    45.13
Off-Road Mobile Sources                                   23.49    23.99
                                                       ----------
  1990 Totals                                            174.65   166.63
-------------------------------------------------------
                                  2000
------------------------------------------------------------------------
Point Sources                                             17.91    61.91
Area Sources                                              28.32     1.18
On-Road Mobile Sources                                    26.57    54.71
Off-Road Mobile Sources                                   21.31    23.85
                                                       ----------
  2000 Totals                                             94.11   141.64
------------------------------------------------------------------------

    Reductions in ozone precursor (VOC and NOX) emissions 
have brought many areas across the country into attainment. EPA has 
approved many ozone redesignations showing decreases in ozone precursor 
emissions resulting in attainment of the ozone standard. See 
redesignations for Pittsburgh (66 FR 53094, October 19, 2001), 
Cincinnati (65 FR 37879, June 19, 2000), Charleston (59 FR 30326, June 
13, 1994; 59 FR 45985, September 6, 1994), Greenbrier County (60 FR 
39857, August 4, 1995), Parkersburg (59 FR 29977, June 10, 1994); (59 
FR 45978, September 6, 1994), Jacksonville/Duval County (60 FR 41, 
January 3, 1995), Miami/Southeast Florida (60 FR 10325, February 24, 
1995), Tampa (60 FR 62748, December 7, 1995), Lexington (60 FR 47089, 
September 11, 1995), Owensboro (58 FR 47391, September 9, 1993), 
Indianapolis (59 FR 35044, July 8, 1994; 59 FR 54391, October 31, 
1994), South Bend-Elkhart (59 FR 35044, July 8, 1994; 59 FR 54391, 
October 31, 1994), Evansville (62 FR 12137, March 14, 1997; 62 FR 
64725, December 9, 1997), Canton (61 FR 3319, January 31, 1996), 
Youngstown-Warren (61 FR 3319, January 31, 1996), Cleveland-Akron-
Lorain (60 FR 31433, June 15, 1995; 61 FR 20458, May 7, 1996), Clinton 
County (60 FR 22337, May 5, 1995; 61 FR 11560, March 21, 1996), 
Columbus (61 FR 3591, February 1, 1996), Kewaunee County (61 FR 29508, 
June 11, 1996; 61 FR 43668, August 26, 1996), Walworth County (61 FR 
28541, June 5, 1996; 61 FR 43668, August 26, 1996), Point Coupee Parish 
(61 FR 37833, July 22, 1996; 62 FR 648, January 6, 1997), and Monterey 
Bay (62 FR 2597, January 7, 1997). Most of the areas that have been 
redesignated to attainment for the 1-hour ozone standard have continued 
to attain it. Areas that are not maintaining the 1-hour ozone standard 
have a maintenance plan to bring them back into attainment.
    Between 1990 and 2000, area-wide VOC and NOX emissions 
in the St. Louis area decreased by 37 percent and 25 percent, 
respectively. In Missouri, the VOC and NOX emissions during 
this time period decreased by 33 percent and 28 percent, respectively. 
(See the rulemaking redesignating the Illinois portion of the St. Louis 
area published in today's Federal Register for NOX and VOC 
reductions for the Metro-East area.) These emissions reductions were 
due to the implementation of Missouri's 15 percent rate-of-progress 
plan, including its implementation of a centralized motor vehicle 
inspection and maintenance program and stationary source controls. 
Additional reductions

[[Page 25432]]

were due to tighter Federal standards for new vehicles, and some were 
due to requirements for reformulated and low Reid Vapor Pressure (RVP) 
gasoline for motor vehicles. In addition, Title IV of the CAA resulted 
in reduced NOX emissions from utility sources.
    The commenter claims that the combination of NOX and VOC 
emissions reductions could just as easily have led to increases in 
ozone. However, the actual monitoring data collected in the area shows 
that ambient ozone concentrations have dropped when this combination of 
ozone precursor reductions occurred. In other metropolitan areas, other 
levels of VOC and NOX reductions have also resulted in 
attainment. See the areas listed above in first part of this response. 
The St Louis area's decrease in ozone levels is consistent with what 
other areas have experienced. The commenter has not provided data 
showing that decreases in ozone precursor emissions have led to higher 
levels of ozone.
    EPA's conclusion that improvements in air quality are attributable 
to permanent and enforceable reductions in precursors is not 
``speculation'' but is based on a careful review of the various 
technical analyses conducted by the states and described above. EPA 
believes it is reasonable not to require photochemical grid modeling. 
Three-year averaging addresses variations in meteorological conditions, 
an analysis of meteorological conditions showed no significant trend in 
the number of days conducive to ozone formation, and the commenter has 
presented no evidence that the three-year attainment period was 
unusually favorable. It is important to note that redesignation is not 
intended as an absolute guarantee that the area will never monitor 
future violations. This is what maintenance plan contingency measures 
are designed to address and correct. See the Cincinnati redesignation 
(65 FR 37879, 37886-37889, June 19, 2000) and the Pittsburgh 
redesignation (66 FR 53094, October 19, 2001) for additional discussion 
of this issue.
    Comment 20: If improvements in St. Louis air quality were due to 
permanent and enforceable reductions, the trend in monitored 
concentrations would be to go down. However, exceedances tripled from 
2000 to 2001 and more than doubled from 2001 to 2002.
    Response 20: As stated in response to comment 2 above, a violation 
of the 1-hour ozone NAAQS occurs when the estimated number of 
exceedances per year averaged over three years is greater than 1.0 at 
any monitoring site in the area or its downwind environs, using 
conventional rounding techniques. Although there was an increase in the 
number of exceedances between 2000 and 2001 as well as between 2001 and 
2002, year-to-year trends in exceedances are not used to determine 
attainment, but rather an average over three years is used. For reasons 
stated previously, EPA has determined that the St. Louis area is in 
attainment with the NAAQS.
    As indicated in the January 30, 2003, proposal at 68 FR 4850, Table 
1 Summarizes the number of expected exceedances at each monitor in the 
area.

       Table 1.--1-Hour Ozone NAAQS Exceedances in the St. Louis, Illinois-Missouri Area from 2000 to 2002
----------------------------------------------------------------------------------------------------------------
                                                                         Estimated exceedances    Average number
                                                                      ---------------------------  of estimated
                Site name                   County or city and state                                exceedances
                                                                         2000     2001     2002      2000-2002
----------------------------------------------------------------------------------------------------------------
Jerseyville.............................  Jersey, IL.................      0.0      1.0      1.0             0.7
Alton...................................  Madison, IL................      0.0      0.0      0.0             0.0
Maryville...............................  Madison, IL................      0.0      0.0      1.0             0.3
Edwardsville............................  Madison, IL................      0.0      0.0      0.0             0.0
Wood River..............................  Madison, IL................      0.0      1.0      0.0             0.3
Houston.................................  Randolph, IL...............      0.0      0.0      0.0             0.0
East St. Louis..........................  St. Clair, IL..............      0.0      0.0      0.0             0.0
Arnold..................................  Jefferson, MO..............      0.0      0.0      0.0             0.0
West Alton..............................  St. Charles, MO............      1.0      1.0      1.0             1.0
Orchard Farm............................  St. Charles, MO............      0.0      0.0      2.0             0.7
Bonne Terre.............................  St. Genevieve, MO..........      0.0      0.0      0.0             0.0
South Lindbergh.........................  St. Louis, MO..............      0.0      0.0      2.0             0.7
Queeny..................................  St. Louis, MO..............      0.0      0.0      0.0             0.0
Hunter..................................  St. Louis, MO..............      0.0      0.0      0.0             0.0
Flo Valley..............................  St. Louis, MO..............      0.0      0.0      0.0             0.0
St. Ann (old)...........................  St. Louis, MO..............      0.0      n/a      n/a         \1\ 0.0
St. Ann (new)...........................  St. Louis, MO..............      n/a      0.0      0.0         \1\ n/a
Broadway................................  St. Louis City, MO.........      0.0      0.0      0.0             0.0
Clark...................................  St. Louis City, MO.........      0.0      0.0      0.0             0.0
Margaretta..............................  St. Louis City, MO.........      0.0      0.0      0.0             0.0
----------------------------------------------------------------------------------------------------------------
\1\ The owner of the property on which the old St. Ann monitor was located terminated the lease agreement with
  the Missouri Department of Natural Resources. The new site is 0.7 miles east of the old site. In general,
  ambient monitors should remain at the same location for the duration of the monitoring period required for
  demonstrating attainment. However, when three complete, consecutive calendar years of data is not available
  for a monitoring site, adjustments are made consistent with EPA monitoring criteria, in determining the
  average number of estimated exceedances per year. The average number of estimated exceedances for 2000-2002
  for the old St. Ann monitor is the estimated exceedances for 2000, or 0.0. In addition, where a monitor has
  been in operation less than three years, the average estimated number of exceedances cannot be determined.
  Since the new St. Ann monitor has been in operation less than three years, the average number of estimated
  exceedances for 2000-2002 was not determined.

    The area has monitored attainment for the three-year period from 
2000-2002. This demonstrates that the current level of emissions is 
adequate to keep the area in attainment during weather conditions as in 
past years associated with higher levels of ozone. In addition, the CAA 
does not presume that the area will always be in attainment. The CAA 
provides that if the area were to violate the 1-hour ozone standard, 
then the contingency measures in the maintenance plan would be 
triggered. This would reduce the ozone precursor emissions and bring 
the area back into attainment.
    One exceedance in the area was monitored in 2000, three in 2001, 
and

[[Page 25433]]

seven in 2002. EPA notes that when dealing with numbers as small as one 
exceedance in 2000, any subsequent increase in the number of 
exceedances will result in the number of exceedances being at least 
doubled. In other words, when dealing with a number as small as one, 
any increase will be at least double that value. Thus, citing a 
doubling or tripling of exceedances is not necessarily an indicator of 
significant changes in air quality.
    The one-hour ozone NAAQS is based upon a three-year average. For a 
violation, the estimated number of exceedances per year must exceed 1.0 
at any monitoring site. Under this standard, a monitor may record up to 
three exceedances over a three-year period without causing a violation 
of the standard. The fourth highest monitored level at a monitor over a 
three-year period can be used as an indicator of potential violations 
of the NAAQS. (Note that since other factors, such as missing data, can 
affect the calculation of the estimated number of exceedances, the 
fourth highest monitored value is not solely used to determine a 
violation. See the discussion in the January 30, 2003, proposed rule at 
68 FR 4849 and 4850 for an example of how the number of estimated 
exceedances is determined.) The term ``design value'' is used to refer 
to the fourth highest monitored value in a three-year period. For an 
individual monitor, the design value is the fourth highest monitored 
value in a three-year period. For an area such as the St. Louis area, 
the highest of the individual monitor design values over a three-year 
period is referred to as the ``area's design value.'' The lower an 
area's design value the more likely the area will meet the standard. 
Also, an area's design value which decreases over time indicates that 
the monitored ozone concentrations are generally lowering and the air 
quality is improving.
    The St. Louis area's design value reduced as follows: 0.156 parts 
per million (ppm) in 1987-1989 (see 52 FR 13385-13386 dated March 18, 
1999); 0.136 ppm in 1994-1996 (see 53 FR 15581 dated March 19, 2001); 
0.131 ppm in 1996-1998 (see 53 FR 15583 dated March 19, 2001); 0.127 
ppm in 1998-2000 (see 53 FR 15584 dated March 19, 2001); and, 0.123 ppm 
in 2000-2002.
    This indicates that the monitored air quality improved over this 
time period.
    In the January 30, 2003, proposed rule at 68 FR 4856-4858, and in 
the response to comment 19, EPA explains the basis for concluding that 
the observed air quality improvements are due to the implementation of 
permanent and enforceable emission reductions. The reasons cited 
include emission controls which have resulted in emission reductions, 
an analysis of meteorological conditions which has shown a trend in the 
reduction of ozone from 1989 to the present while the number of days 
conducive to forming ozone showed no significant trend, and an 
assessment of emissions in 1990 and 2000 which have shown substantial 
decreases in emissions of VOCs and NOX.
    Finally, it is noted that the commenter errs in combining the 
exceedance data from many monitors and concluding, on the basis of the 
exceedance totals that a worsening ozone trend has occurred. Referring 
to Table 1 in the January 30, 2003, proposed rule (68 FR 4850) 
(repeated above), one can see that many monitors, including the worst-
case monitor at West Alton, show no consistent trend in exceedance 
numbers in the 2000-2002 period. The ``sudden'' increase in exceedances 
from zero to two at the Orchard Farm and South Lindbergh monitoring 
sites, although implying a worsening ozone trend, simply point to the 
instability of considering year-to-year changes within a small time 
period.
    Comment 21: The only modeling which the commenter is aware of was 
relied upon in the June 26, 2001, rulemaking. This modeling shows that 
it is impossible to attain the NAAQS in St. Louis in 2002. The 
significant factor is long-range transport. This suggests that 
variations in out-of-state transport may account for the monitored 
improvements in air quality.
    Response 21: Previous modeling referred to by the commenter was 
conducted as part of the attainment demonstration approved by EPA in 
the June 26, 2001, rulemaking (66 FR 33995). (This approval was vacated 
by the U.S. Court of Appeals for the Seventh Circuit, as explained 
previously.) This modeling demonstrated that utilizing planned controls 
and measures the area will attain the standard by no later than 
November 15, 2004. EPA disagrees with the commenter's assertion that 
the modeling demonstrated it was impossible to attain the standard in 
2002. The purpose of the modeling was to determine the likelihood of 
attainment. EPA's approval of the states' attainment demonstrations did 
not include a determination that attainment or maintenance of the 
standard prior to 2004 was impossible.
    The assumptions used in the modeling for the attainment 
demonstration approved in the June 26, 2001, rulemaking are described 
in an April 3, 2001, proposal (66 FR 17649-17652). In this discussion, 
EPA noted that the states incorporated corrections to the 1996 base 
year emissions inventory, an assessment of the model's performance by 
applying statistical tests, and assumptions regarding which states are 
affected by the NOX SIP call including NOX limits 
on facilities.
    As discussed in the April 2001 document, the states had taken 
measures to revise the emissions inventory to reflect the most current 
data inputs available. In addition, an evaluation of the model was 
performed as a measure of the ``likelihood'' that the standard will be 
achieved. The June 26, 2001, rulemaking at 66 FR 17652 states:


    The states conclude, and EPA concurs, that the revised modeling 
system performs at an acceptable level because it satisfactorily 
reproduces peak ozone concentrations relative to the monitored peak 
ozone concentrations. The modeling system adequately simulates the 
observed magnitude and spatial and temporal patterns of monitored 
ozone concentrations. Furthermore, the modeling results accurately 
differentiate between days with marginal ozone levels and days with 
elevated ozone concentrations. Therefore, based on the revised 
modeling and WOE results presented by the states which confirm the 
adequacy of the adopted emission control strategy, EPA is approving 
the states' attainment demonstrations.

    The conclusions made regarding the likelihood of attainment based 
upon the attainment demonstration modeling were the best that could be 
drawn from the available information. And, it is likely that different 
conclusions regarding attainment would be drawn if the states were 
required to conduct modeling as part of the maintenance demonstration. 
For example, if a prospective maintenance demonstration were performed 
with an ozone photochemical model following EPA guidance, the modeling 
would be allowed to use episode days from the 2000-2002 period, not 
1991 and 1995 as was used in the attainment demonstration modeling. In 
addition, the modeling would use a more current base-year inventory 
(1999 or 2000) rather than the 1996 base-year inventory used in the 
attainment demonstration modeling. It is highly likely, if not certain, 
that the outcome would be a conclusion that attainment will be 
preserved through the required 10-year period.
    Ozone models are designed to primarily predict the relative impacts 
of emission changes on future ozone levels. Thus, it is not uncommon to 
observe that actual monitored ozone concentrations are different from

[[Page 25434]]

modeled values at certain locations. The commenter's assertion that 
attaining the standard in 2002 is impossible is not supported by the 
existing science.
    The commenter does not provide data to support its hypothesis that 
variations in out-of-state transport may account for the improvement in 
air quality. The commenter only speculates that out-of-state transport 
may account for the improvement in air quality. As described in the 
response to comments 19 and 20 above, the states demonstrated that 
improvements in air quality are due to permanent and enforceable 
emission controls which have resulted in emission reductions, an 
analysis of meteorological conditions which has shown no significant 
decrease in the annual number of days conducive to ozone formation, 
while there has been a significant reduction in monitored ozone 
concentrations, and an assessment of emissions in 1990 and 2000 which 
has shown decreased emissions of VOCs and NOX. Thus, the 
states have demonstrated the improvements in the St. Louis area are due 
to permanent enforceable reductions in the St. Louis area.

E. Comments Related to Criterion 4: The Area Must Have a Fully Approved 
Maintenance Plan Meeting the Requirements of Section 175A

    Comment 22: Section 175A(a) of the CAA requires that state 
maintenance plans must be SIP revisions. Section 110(a)(2)(A) of the 
CAA requires a SIP to contain enforceable emission limitations. The 
maintenance plans for each state do not include any enforceable 
emission limitations. For example, Missouri NOX controls 
have not yet been promulgated.
    Response 22: This comment refers to both the Missouri and Illinois 
portions of the St. Louis area. EPA is hereby providing a response 
regarding the Missouri portion of the St. Louis area. See the 
rulemaking in today's Federal Register regarding redesignation of the 
Illinois portion of the St. Louis area for EPA's response to this 
comment as it pertains to the Illinois portion of the St. Louis area.
    In this rulemaking, EPA is approving Missouri's maintenance plan as 
a SIP revision.
    The CAA requires the area to have a fully approved SIP and to have 
met all of the applicable requirements of the CAA. The area's SIP 
satisfies these requirements as described in this final rule and in 
EPA's proposed rulemaking published on January 30, 2003 (68 FR 4847). 
The measures that the states are relying on to maintain the 1-hour 
ozone standard have been approved into the SIPs and are state and 
Federally enforceable. This includes Missouri's NOX RACT 
rule found at 10 CSR 10-5.510 and the statewide NOX rule 
found at 10 CSR 10-6.350. (See response to comment 10 above regarding 
the NOX SIP Call.) The states must continue to implement 
these measures as provided for in the Federally-approved SIPs.
    The CAA does not require a separate level of enforcement for a 
maintenance plan as a prerequisite to redesignation. The enforcement 
program approved for and applicable to the SIPs as a whole also applies 
to the maintenance plan. See discussion in the Cincinnati redesignation 
(65 FR 37879, 37881-37882), and the Sixth Circuit decision in Wall v. 
EPA, 265 F. 3d at 438, upholding EPA's interpretation of the 
requirement. As explained below in the response to comment 26, Missouri 
has committed to continue to implement the measures included in the 
approved SIP and relied on for maintenance of the standard.
    All of the control measures which the states relied upon are SIP-
approved measures. EPA cannot withhold its approval of the maintenance 
plan submitted by the states because of concerns that the states may, 
at some future time, either submit a SIP revision to amend or remove a 
program, or that the states may fail to implement these programs in the 
St. Louis area. The Federally-approved SIP requirements remain in place 
and enforceable until such time as EPA takes action to approve SIP 
revisions to amend or remove them. This can only be done via Federal 
rulemaking, which includes procedures for public comment and review.
    Comment 23: Section 182(j), 40 CFR 51.112(b), the Calcagni memo, 
and the General Preamble require the use of photochemical modeling to 
demonstrate maintenance. EPA is overruling Congress, EPA regulations 
and common sense by proposing to predict maintenance for ten years 
without any modeling. Monitoring is more accurate to show past 
concentrations, but modeling is required to predict future 
concentrations. The commenter cites Ober v. U.S.E.P.A., 84 F.3d 304 
(9th Cir. 1996) in support of its assertion.
    Response 23: EPA disagrees with the commenter's assertion that the 
use of photochemical modeling to demonstrate maintenance is required by 
the CAA, EPA policy or EPA regulations. The EPA is not overruling 
Congress, or EPA regulations.
    Section 175A requires states to develop and submit, as a SIP 
revision, a plan for maintaining the NAAQS for at least 10 years after 
redesignation. The plan shall contain such additional measures, if any, 
as the Administrator deems necessary to ensure such maintenance. 
Section 175A does not require modeling.
    Section 182(j) contains no reference to maintenance plans. Section 
182(j)(1) requires that each state in a multi-state ozone nonattainment 
area shall ``* * * (A) take all reasonable steps to coordinate, 
substantively and procedurally, the revisions and implementation of 
State implementation plans applicable to the nonattainment area 
concerned; and (B) use photochemical grid modeling or any other 
analytical method determined by the Administrator, in his discretion, 
to be at least as effective.'' The language in this section clearly 
refers to ``nonattainment'' areas. Thus, EPA believes that Section 
182(j) is applicable to attainment demonstrations, not maintenance 
plans.
    Even if the commenter is correct in its assertion that section 
182(j) applies to maintenance plans, this section does not necessarily 
require modeling. EPA has the discretion to use other analytical 
methods determined to be at least as effective. In the Calcagni memo on 
page 9 EPA stated ``A State may generally demonstrate maintenance of 
the NAAQS by either showing that future emissions of a pollutant or its 
precursors will not exceed the level of the attainment inventory, or by 
modeling to show that the future mix of sources and emission rates will 
not cause a violation of the NAAQS.'' By this policy, EPA has, in 
effect, expressed how its discretion will be utilized regarding the use 
of emissions in lieu of modeling in demonstrating maintenance. In 
addition, the Sixth Circuit in Wall v. EPA (265 F.3d 426, 435) 
determined that ``EPA's actions are completely consistent with its own 
interpretive memorandum, which allows for NAAQS maintenance to be 
demonstrated by showing that the future emissions of a pollutant's 
precursors will not exceed the level that allowed the area to achieve 
attainment in the first place.'' See also EPA's discussion in its brief 
in the Wall case. The Ober case cited by the commenter deals with 
modeling requirements for approval of a SIP revision in a nonattainment 
area for particulate matter, and has no relevance to the ozone 
maintenance plan at issue here.
    The regulation at 40 CFR 51.112(a) requires the SIP to demonstrate 
that the measures, rules and regulations contained in the plan are 
adequate to provide for the timely attainment and maintenance of the 
NAAQS. The regulation at 40 CFR 51.112(b) specify

[[Page 25435]]

what the demonstration required in 40 CFR 51.112(a) must include. The 
Sixth Circuit in Wall v. EPA (265 F.3d 426, 435) determined that EPA's 
position that the regulation at 40 CFR 51.112(a) applies only to 
attainment demonstrations and not maintenance plans is ``neither 
impermissible nor in conflict with a statutory mandate * * *. Moreover, 
EPA's actions are completely consistent with its own interpretive 
memorandum, which allows for NAAQS maintenance to be demonstrated by 
showing that the future emissions of a pollutant's precursors will not 
exceed the level that allowed the area to achieve attainment in the 
first place.''
    Lastly, the proposed rule at 68 FR 4858 states that projected 
emissions of NOX in Illinois will be reduced from 141.64 to 
96.67 tons per ozone season weekday from 2000 to 2014 and in Missouri, 
they will be reduced from 453.14 to 317.58 tons per ozone season 
weekday from 2000 to 2014. Projected emissions of VOCs in Illinois will 
be reduced from 94.11 to 75.98 tons per ozone season weekday from 2000 
to 2014 and in Missouri, they will be reduced from 248.35 to 182.57 
tons per ozone season weekday from 2000 to 2014. A ``common sense'' 
conclusion is that further emission reductions are projected to occur 
through 2014. Based on past trends of emissions decreases, reduced peak 
ozone levels will continue from 2000 to 2014. Further modeling would 
continue to demonstrate attainment. The commenter has not provided any 
data to indicate that these reductions in ozone precursors would lead 
to modeled increases in ozone concentrations.
    Comment 24: EPA and the states have stated in testimony provided to 
courts and the public that maintenance of the NAAQS in 2003 is not 
possible. EPA and the states have stated that, due to upwind emissions, 
attainment of the NAAQS cannot be achieved until 2004. EPA's modeling 
demonstrates that it is not possible to assure that the NAAQS would be 
maintained in 2003.
    Response 24: The Commenter uses the same arguments in this comment 
to state that the attainment of the NAAQS cannot be maintained as were 
used in comment 21 above to claim that the area cannot attain the 
NAAQS. See the response to comment 21 for further discussion.
    EPA disagrees with the commenter's assertion that the modeling 
demonstrated it was impossible to maintain the standard in 2003. The 
purpose of the modeling is to predict the likelihood of attainment. 
EPA's approval of the states' attainment demonstrations did not include 
a determination that attainment or maintenance of the standard prior to 
2004 was impossible.
    The commenter refers to documents submitted by EPA and the states, 
as well as to language used in various rulemakings stating, in effect, 
that reductions in upwind emissions are necessary for attainment of the 
standard and that the earliest attainment date is projected to be 
November 15, 2004. At the time these documents were developed, EPA and 
the states were basing their conclusions on the attainment 
demonstration and the accompanying modeling. The statements made were 
the best conclusions that could be drawn from the available 
information.
    The conclusion that the maintenance plan will provide for 
maintenance of the NAAQS for the next ten years as required by section 
175A is based, in part, on more recent information than what was relied 
upon in the attainment demonstration which included the modeling 
referred to by the commenter. The maintenance plan includes an emission 
inventory which is more recent than the inventory used in the 
attainment demonstration. See the response to comment 36 for further 
discussion.
    EPA has no data to support the commenter's hypothesis that 
variations in out-of-state transport may account for the improvement in 
air quality. The commenter only speculates that out-of-state transport 
solely account for the improvement in air quality. EPA concludes that 
the plan demonstrates maintenance through 2014.
    Comment 25: The SIP must provide assurance that the states have 
adequate personnel, funding and authority to carry out the SIP. The 
record for this action must provide real evidence of this assurance.
    Response 25: This comment refers to both the Missouri and Illinois 
portions of the St. Louis area. EPA is hereby providing a response 
regarding the Missouri portion of the St. Louis area. See the 
rulemaking in today's Federal Register regarding redesignation of the 
Illinois portion of the St. Louis area for EPA's response to this 
comment as it pertains to the Illinois portion of the St. Louis area.
    EPA disagrees with the commenter that this action must include in 
the record further evidence of resource commitments. The analysis has 
already been performed in prior rulemakings and need not be reopened 
here. See the redesignation of Cincinnati (65 FR 37881-37882), 
Pittsburgh (66 FR 53102), and Cleveland (65 FR 77308, 77315) for 
additional examples in which EPA has taken this position. See also, 
Southwestern Pennsylvania Growth Alliance v. Browner, 144 F.3d 984 (6th 
Cir. 1998).
    In a final rulemaking action published on April 9, 1980 (45 FR 
24146), EPA approve Missouri's SIP as meeting the financial and 
manpower resource commitments of the CAA.
    The Sixth Circuit in Wall v. EPA (265 F.3d 426, 437) determined 
regarding resource and authority commitments for enforcement that 
``there is no language in the CAA or in the EPA's regulations that 
specifically requires that a separate commitment be made within the 
maintenance plans themselves * * *. Morever, this decision is in accord 
with the interpretation given to the CAA under the Calcagni Memorandum, 
advising that `an EPA action on a redesignation request does not mean 
that earlier issues with regard to the SIP will be reopened,' an 
interpretation that has been upheld by this court.''
    EPA also notes that more recent resource commitment reviews have 
been performed. For example, in the February 17, 2000, proposed rule at 
65 FR 8099 EPA noted that in proposing to approve Missouri's I/M 
program, the ``the SIP includes a detailed budget plan that describes 
the source of funds for personnel, program administration, program 
enforcement, and purchase of equipment. * * * The SIP meets the Federal 
requirements for evidence of adequate tools and resources under 40 
CFR.51.372 and 51.354.''
    Comment 26: EPA policy states that a state may not relax existing 
controls upon redesignation. However, the states are moving LAER, 
offsets and NOX RACT to the contingency plan without a 
modeling demonstration showing that these control measures are not 
needed for attainment, contrary to EPA policy.
    Response 26: This comment refers to both the Missouri and Illinois 
portions of the St. Louis area. EPA is hereby providing a response 
regarding the Missouri portion of the St. Louis area. See the 
rulemaking in today's Federal Register regarding redesignation of the 
Illinois portion of the St. Louis area for EPA's response to this 
comment as it pertains to the Illinois portion of the St. Louis area.
    Missouri has a commitment on page 29 of the maintenance plan which 
states ``The department provides assurance that all of the control 
measures adopted by state rules and listed in the ROP plan or this 
document will be enforced to ensure maintenance of the one-hour ozone 
NAAQS.''
    The commenter refers to the Calcagni memo at page 10 which states 
that ``the

[[Page 25436]]

State will be expected to maintain its implemented control strategy 
despite redesignation to attainment, unless such measures are shown to 
be unnecessary for maintenance or are replaced with measures that 
achieve equivalent reductions.''
    Section 175A requires that maintenance plans shall contain 
contingency provisions deemed necessary to assure that the states will 
promptly correct any violation of the standard which occurs after 
redesignation of the area as an attainment area. These provisions shall 
include a requirement that the state will implement ``all measures with 
respect to the control of the air pollutant concerned which were 
contained in the SIP for the area before redesignation of the area as 
an attainment area.'' On page 6 of an October 14, 1994, memorandum 
entitled, ``Part D New Source Review (part D NSR) Requirements for 
Areas Requesting Redesignation to Attainment'' from Mary D. Nichols, 
assistant Administrator for Air and Radiation, EPA stated its 
interpretation on the term ``measures'' used in section 175A does not 
include part D NSR permitting programs. In accordance with this 
interpretation, EPA believes that lowest achievable emission rate 
(LAER) and offsets, which are components of Missouri's part D NSR 
permitting program, are not required to be retained following 
redesignation of the St. Louis area as an attainment area.
    LAER and offsets are specified in part D and subpart 2 of the CAA 
applicable to nonattainment areas. Upon redesignation to attainment, 
these requirements are no longer applicable. Removing the LAER and 
offsets provision in the states' permitting programs is not contrary to 
the above-mentioned policy. Upon redesignation to attainment, the LAER 
requirements included in stationary source permits and the offsets 
which were obtained by stationary sources at the time when the LAER and 
offset provisions were in effect, will remain in effect for those 
facilities. Thus, the LAER and offset measures which were relied upon 
to attain the NAAQS will remain in effect following redesignation.
    Following redesignation, any new facilities subject to the state's 
permitting requirements will be subject, as a minimum, to the 
Prevention of Significant Deterioration (PSD) requirements of Part C of 
Title I of the CAA. (In Missouri, the LAER and offset requirements 
remain in effect, unless the NSR rules are revised by the state and the 
revision is approved by EPA.) Under the PSD requirements, the states 
must ensure that such new facility will not cause a significant 
deterioration of air quality to the extent that it causes or 
contributes air pollution in excess of the NAAQS (Section 165). As part 
of the PSD program sources are required to perform a source-specific 
air quality demonstration to show no adverse impact on the NAAQS. Thus, 
maintenance of the NAAQS is an inherent feature of the PSD program, 
should Missouri choose not to retain its current program for new source 
permitting in the future.
    As for NOX RACT, Missouri has an approved NOX 
RACT rule which will remain in effect following redesignation. Thus, 
there will be no relaxation of NOX RACT in Missouri 
following redesignation.
    Regarding modeling, the Shapiro Memo at page 6 states that ``States 
may be able to move SIP measures to the contingency plan upon 
redesignation if the State can adequately demonstrate that such action 
will not interfere with maintenance of the standard.'' As stated above, 
for Missouri, all control measures established prior to redesignation 
as a result of the LAER and offset requirements are being retained 
following redesignation and NOX RACT is being retained.
    Comment 27: The contingency provision of the maintenance plan fall 
short of those required. All serious area requirements of Section 
182(c) of the CAA must be included in the contingency plan and 
implemented promptly in case of a violation. Virtually none of these 
provisions are included in the contingency plan and thus cannot be 
approved.
    Response 27: EPA disagrees with the commenter's assertion that all 
the serious area requirements of section 182(c) are required to be 
included in the contingency plan and implemented in case of a 
violation.
    The requirements for maintenance plans and contingency measures are 
set forth in section 175A(d). Section 175A(d) states:


    Each plan revision submitted under this section shall contain 
such contingency provisions as the Administrator EPA deems necessary 
to assure that the State will promptly correct any violation of the 
standard which occurs after the redesignation of the area as an 
attainment area. Such provisions shall include a requirement that 
the State will implement all measures with respect to the control of 
the air pollutant concerned which were contained in the State 
implementation plan for the area before redesignation of the area as 
an attainment area.

    None of the serious area requirements was an applicable requirement 
that was contained in the SIP prior to redesignation. The plan must 
contain contingency measures that the Administrator deems appropriate 
to assure that the states ``will promptly correct any violation of the 
standard which occurs after the redesignation of the area as an 
attainment area.'' As described in response to comment 28 below, EPA 
believes that this requirement has been met. The statute does not 
require that all serious area requirements be included in the 
maintenance plan as contingency measures but rather that all measures 
included in the SIP prior to redesignation be included in the 
maintenance plan as contingency measures. As explained previously, 
certain serious area requirements need not be met in the case of St. 
Louis since they are not yet due. Since these provisions are not 
applicable in St. Louis, they do not need to be included in the 
maintenance plan as contingency measures.
    The commenter's assertion that ``there is no implementation plan 
applicable to this `serious area' '' is addressed in other responses in 
this rulemaking. See, e.g., response to comment 17.
    Comment 28: 42 U.S.C. 7505a(d) requires that the states will 
promptly correct any violation of the standard which occurs after 
redesignation. However, there is nothing in either contingency plan 
which assures prompt correction of future violations. The plans contain 
no adopted measures, and no schedule to adopt specific measures. The 
plans offer to adopt an unspecified measure within eighteen months of 
notification of a violation. This is an unreasonably long period. The 
plans should require adoption in much less than eighteen months and 
immediate implementation.
    Response 28: This comment refers to both the Missouri and Illinois 
portions of the St. Louis area. EPA is hereby providing a response 
regarding the Missouri portion of the St. Louis area. See the 
rulemaking in today's Federal Register regarding redesignation of the 
Illinois portion of the St. Louis area for EPA's response to this 
comment as it pertains to the Illinois portion of the St. Louis area.
    EPA disagrees that Missouri's maintenance plan lacks adequate 
contingency provisions should the area violate the standard. As stated 
in the January 30, 2003, proposed rule at 68 FR 4859, the contingency 
plan portion of the maintenance plans delineated Missouri's planned 
actions in the event of future 1-hour ozone standard violations, 
increasing ozone levels threatening a subsequent violation of the ozone 
standard, and unanticipated

[[Page 25437]]

increases in ozone precursor emissions threatening a subsequent 
violation of the ozone standard. Missouri has developed a contingency 
plan with several levels of triggered actions depending on whether the 
ozone standard has actually been violated after the redesignation of 
the area to attainment or whether a subsequent violation of the ozone 
standard is threatened on the basis of increased ozone concentrations 
approaching the standard or unanticipated significant increases in 
ozone precursor emissions. Missouri has also committed to continue to 
implement all control measures included in the SIP prior to 
redesignation consistent with section 175A(d) of the CAA.
    The action trigger levels and planned corrective actions in the 
contingency plan are the following:
    A Level I Trigger will be exceeded if: (1) The monitored ambient 
ozone levels exceed 124 parts per billion, one-hour averaged, more than 
once per year at any monitoring site in the St. Louis maintenance area 
(the current St. Louis ozone nonattainment area), or more than two 
exceedances in any two- or three-year period; or (2) the St. Louis 
maintenance area's VOC or NOX emissions for 2005 or 2008 
increase more than 5 percent above the 2000 attainment levels. In the 
event one of these action trigger levels are exceeded, Illinois and 
Missouri will work together to evaluate the situation and determine if 
adverse emissions trends are likely to continue. If so, the states will 
determine what and where emission controls may be required to avoid a 
violation of the 1-hour ozone NAAQS. A study shall be completed within 
nine months of the determination of the action trigger exceedance.
    A Level II Trigger will be exceeded if a violation of the 1-hour 
ozone NAAQS at any monitoring site in the St. Louis ozone maintenance 
area is recorded after the area is redesignated to attainment of the 
standard. If this trigger is exceeded, Illinois and Missouri will work 
together to conduct a thorough analysis to determine appropriate 
measures, from those listed below, to address the cause of the ozone 
standard violation.
    The contingency plan for Missouri lists a number of possible 
contingency measures. The plan calls for the appropriate contingency 
measures to be adopted and implemented within 18 months of a Level I or 
Level II trigger being exceeded. The list of possible contingency 
measures in Missouri's contingency plan include the following:
Point Source Measures
    [sbull] NOX SIP Call Phase II (non-utility)
    [sbull] Apply RACT to smaller existing sources
    [sbull] Tighten RACT for existing sources covered by EPA Control 
Techniques Guidelines
    [sbull] Expanded geographic coverage of current point source 
measures
    [sbull] MACT for industrial sources
    [sbull] New source offsets and Lowest Achievable Emission Rates
    [sbull] Other measures to be identified
Mobile Source Measures
    [sbull] Transportation Control Measures, including, but not limited 
to, area-wide rideshare programs, telecommuting, transit improvements, 
and traffic flow improvements.
    [sbull] High Enhanced I/M (OBDII)
    [sbull] California Engine Standards
    [sbull] Other measures to be identified
Area Source Measures
    [sbull] California Architectural/Industrial Maintenance (AIM)
    [sbull] California Commercial and Consumer Products
    [sbull] Broader geographic applicability of existing measures
    [sbull] California Off-road Engine Standards
    [sbull] Other measures to be identified
    As stated in the September 4, 1992, Calcagni memo, page 12, ``For 
purposes of section 175A, a State is not required to have fully adopted 
contingency measures that will take effect without further action by 
the State in order for the maintenance plan to be approved. However, 
the contingency plan is considered to be an enforceable part of the SIP 
and should ensure that the contingency measures are adopted expediently 
once they are triggered.'' Thus, EPA has long interpreted section 175A 
not to require that contingency measures have already been adopted.
    On July 21, 1983 (48 FR 33265), EPA approved Missouri rule 10 CSR 
10-1.010, General Organization which set forth the organization, powers 
and duties of the Missouri Air Conservation Commission. The rule 
contained a new section (3) which described procedures to be followed 
by the Air Pollution Control Program for providing public notice and 
public participation in the rulemaking process.
    In order to comply with 10 CSR 10-1.010, and the underlying statute 
by which Missouri is authorized by the legislature to adopt 
regulations, Missouri requires time to evaluate potential controls and 
provide public notice and public participation in the rulemaking 
process when adopting contingency measures. In addition, selected 
controls would require a period of time for sources to install the 
controls (e.g., RACT on smaller sources) or for an implementing agency 
to fund and establish the new program (e.g., transportation control 
measures). The commenter provided no rationale for its assertion that 
an outside date of 18 months for adoption of measures is unreasonable. 
The statute affords EPA discretion to determine whether the timeframe 
for implementation of contingency measures is reasonable. EPA finds 
that 18 months as described in the maintenance plan to adopt and 
implement contingency measures is a reasonable time period for Missouri 
to meet its regulatory obligations while meeting the requirement under 
section 175A to promptly correct any violation of the standard. In 
addition, this 18-month period to adopt and implement contingency 
measures is consistent with other redesignations such as Pittsburgh (66 
FR 53102) in which a 12- to 24-month time period was specified to adopt 
and implement contingency measures. See also the Louisville 
redesignation (66 FR 53665, October 23, 2001) approving an 18-month 
schedule for implementation of contingency measures, and Northern 
Kentucky (Cincinnati-Hamilton) (65 FR 37879, June 19, 2000) and (67 FR 
49600, July 31, 2002).
    Comment 29: Neither maintenance plan provides any procedure for 
quantifying the reductions needed to correct violations.
    Response 29: This comment refers to both the Missouri and Illinois 
portions of the St. Louis area. EPA is hereby providing a response 
regarding the Missouri portion of the St. Louis area. See the 
rulemaking in today's Federal Register regarding redesignation of the 
Illinois portion of the St. Louis area for EPA's response to this 
comment as it pertains to the Illinois portion of the St. Louis area.
    As indicated in the response to comment 28 above, the maintenance 
plan refers to a violation of the NAAQS as a level II trigger. In the 
event of a violation, Illinois and Missouri have committed to work 
together to conduct a thorough analysis to determine appropriate 
measures to address the cause of the ozone standard violation. It is 
impossible for a state to determine, before a violation, what 
reductions are necessary to correct a violation. For example, if 
Missouri would select tightening RACT for existing sources as a 
contingency measure, the amount of reductions by implementing this 
measure is dependent upon the number of sources subject to RACT rules 
in the

[[Page 25438]]

area at the time of the violation. Since the state has no control over 
when a source ceases operating, it is impossible to determine, at this 
time, how many sources will be affected by a tightening of RACT which 
may be implemented at some unspecified time in the future. Thus it is 
impossible to determine beforehand how much of a reduction will be 
achieved by implementing this measure. See the discussion in the 
Cuyohoga and Jefferson Counties, Ohio, redesignation for particulate 
matter (65 FR 77308, December 11, 2000).
    The approach taken in the maintenance plan is to conduct a thorough 
analysis to determine the magnitude of the reductions needed to correct 
the violation, the types of sources from which reductions must be made 
(e.g., point, area, or mobile sources), and the mechanisms for 
achieving the reductions. The list of contingency measures includes a 
reasonable mix of measures from which to select the measures most 
suited to address a future violation (a level II trigger), if one 
occurs, or to alleviate an unanticipated decline in air quality (a 
level I trigger). EPA finds that this is a reasonable approach which 
will assure prompt correction of the violation. In addition, consistent 
with the Calcagni memo, the maintenance plan includes a Level I trigger 
in which Missouri will evaluate and determine if adverse emissions 
trends are likely to continue. If so, Missouri will determine what and 
where emission controls may be required to avoid a violation of the 1-
hour ozone NAAQS.
    Comment 30: The contingency measures in the maintenance plans are 
vague and open ended. Neither plan identifies any measures to be 
adopted. No firm schedule for adoption and implementation is included.
    Response 30: This comment refers to both the Missouri and Illinois 
portions of the St. Louis area. EPA is hereby providing a response 
regarding the Missouri portion of the St. Louis area. See the 
rulemaking in today's Federal Register regarding redesignation of the 
Illinois portion of the St. Louis area for EPA's response to this 
comment as it pertains to the Illinois portion of the St. Louis area.
    EPA disagrees with the commenter's assertion that the contingency 
measures are vague and open ended. In response to comments 28 and 29 
above, EPA addressed the procedures contained in the maintenance plan 
for evaluating which measures are necessary to promptly correct a 
violation.
    In addition, in response to comment 28 above, EPA identified the 
list of potential contingency measures contained in Missouri's 
maintenance plan along with a schedule of 18 months to adopt and 
implement selected contingency measures in the event of a violation (a 
level II trigger) or a decline in air quality (a level I trigger). EPA 
has concluded that the maintenance plan satisfies statutory 
requirements and EPA guidance regarding adoption and implementation of 
contingency measures consistent with EPA guidance and the CAA. The 
commenter acknowledges this 18-month time period to adopt and implement 
contingency measures in the comments.
    Comment 31: Each maintenance plan contains inadequate provisions to 
respond to anticipated violations of the NAAQS. Anticipated violations 
are based upon inventories exceeding the 2000 inventory or two 
exceedances at any monitoring site. There is no commitment to adopt any 
additional controls to address anticipated violations.
    Response 31: This comment refers to both the Missouri and Illinois 
portions of the St. Louis area. EPA is hereby providing a response 
regarding the Missouri portion of the St. Louis area. See the 
rulemaking in today's Federal Register regarding redesignation of the 
Illinois portion of the St. Louis area for EPA's response to this 
comment as it pertains to the Illinois portion of the St. Louis area.
    As indicated above, a Level I Trigger will be exceeded if: (1) The 
monitored ambient ozone levels exceed 124 parts per billion, one-hour 
average, more than once per year at any monitoring site in the St. 
Louis maintenance area (the current St. Louis ozone nonattainment 
area), or more than two exceedances in any two-or three-year period; or 
(2) the St. Louis maintenance area's VOC or NOX emissions 
for 2005 or 2008 increase more than 5 percent above the 2000 attainment 
levels. In the event one of these action trigger levels is exceeded, 
Illinois and Missouri will work together to evaluate the situation and 
determine if adverse emissions trends are likely to continue. If so, 
the states will determine what and where emission controls may be 
required to avoid a violation of the 1-hour ozone NAAQS. The emission 
controls will be selected from a list of measures included in the 
contingency plan. A study shall be completed within nine months of the 
determination of the action trigger exceedance, and Missouri's 
maintenance plan contains a commitment to adopt and implement the 
necessary contingency measures within 18 months of a Level I trigger 
consistent with the discretion afforded EPA by the statute. The 
contingency plan meets the requirement of section 175A(d) and the 
applicable guidance in the Calcagni memo.
    Comment 32: The maintenance plans contain no commitment to 
implement measures in the SIP. EPA cannot approve the maintenance plan 
without this commitment.
    Response 32: This comment refers to both the Missouri and Illinois 
portions of the St. Louis area. EPA is hereby providing a response 
regarding the Missouri portion of the St. Louis area. See the 
rulemaking in today's Federal Register regarding redesignation of the 
Illinois portion of the St. Louis area for EPA's response to this 
comment as it pertains to the Illinois portion of the St. Louis area.
    The commenter is incorrect in its statement that the maintenance 
plan does not contain a commitment to implement measures in the SIP. 
Such a commitment was included in Missouri's maintenance plan. Section 
5.4 of Missouri's maintenance plan states the following: ``The 
department provides assurance that all of the control measures adopted 
by state rules and listed in the ROP plan or this document will be 
enforced to ensure maintenance of the one-hour ozone NAAQS. Any 
revisions to the control measures included as part of the maintenance 
plan will be submitted as a SIP revision to EPA for approval.'' As 
described in response to comment 28, Missouri is retaining all of the 
measures contained in its SIP prior to redesignation.
    Comment 33: The maintenance plans do not address expected growth in 
areas adjacent to the nonattainment area such as Ste. Genevieve County. 
An assessment of this growth should be included. Also, the plan is 
based on the ``irrational assumption'' that ``if there is no increase 
in emissions, and no decrease in controls, the standard will be 
maintained.''
    Response 33: This comment refers to both the Missouri and Illinois 
portions of the St. Louis area. EPA is hereby providing a response 
regarding the Missouri portion of the St. Louis area. See the 
rulemaking in today's Federal Register regarding redesignation of the 
Illinois portion of the St. Louis area for EPA's response to this 
comment as it pertains to the Illinois portion of the St. Louis area.
    The commenter's characterization of the ``basic premise'' of the 
maintenance plan is incorrect. The plan does not simplistically assume 
that there will be no increase in emissions. The plan carefully 
projects the growth in emissions which will occur in various source 
sectors, and the reductions which will occur based on emission

[[Page 25439]]

control programs which are in place, in order to determine the net 
change in emissions from 2000-2014. The states are required to and have 
applied the appropriate techniques to estimate and account for 
potential emissions changes in the area. These techniques are 
necessarily based on sector-based growth indicators (positive and 
negative), i.e., sector-specific economic factors, because the states 
have no way of predicting specific changes which take place within the 
emissions inventory.
    Specific projects, such as those cited by the commenter, are 
addressed through mechanisms other than maintenance plans. Missouri 
implements Prevention of Significant Deterioration and NSR permitting 
regulations. These regulations address the air quality impacts of new 
sources and modifications of existing sources both inside and outside 
the boundaries of the nonattainment area. They are designed to prevent 
new source construction or existing source expansion which would 
adversely affect an area's ability to attain or maintain a national 
standard. The anticipated plant referenced by the commenter is a 
potential source in Missouri and the state is currently in the process 
of reviewing construction permit applications under state permitting 
requirements. This plant has not received the preconstruction permit 
necessary for construction and operation. Before any such project can 
be permitted, a permit applicant would be required, among other 
requirements, to identify specific emission increases and decreases 
associated with a particular project and demonstrate that the project 
would not have a significant adverse impact on an ambient air quality 
standard. Missouri regulation 10 CSR 10-6.060, Missouri's construction 
permitting rule, is part of the Federally-approved SIP.
    EPA believes that it is the function of the state's air permitting 
rules, rather than the maintenance plan, to ensure that specific 
potential new sources do not create emissions which would interfere 
with the maintenance of the ozone standard.
    Comment 34: The emission estimates are unreliable. A recent study 
of flares throws doubt into the St. Louis emission inventory. EPA must 
consider the significant underestimation of flare emissions in the 
emission inventory.
    Response 34: This comment refers to both the Missouri and Illinois 
portions of the St. Louis area. EPA is hereby providing a response 
regarding the Missouri portion of the St. Louis area. See the 
rulemaking in today's Federal Register regarding redesignation of the 
Illinois portion of the St. Louis area for EPA's response to this 
comment as it pertains to the Illinois portion of the St. Louis area.
    EPA believes that the states used the appropriate emission 
estimates in developing the emission inventory. The commenter cites a 
study of emissions from flares reported by the Bay Area Management 
District which the commenter alleges shows that the states greatly 
underestimated emissions from flares. EPA does not agree that the study 
cited by the commenter renders the emission estimates unreliable.
    The Bay Area Management Study referenced by the commenter is a 
draft document and specifically states on the first page ``Do not cite 
or quote.'' This document is currently undergoing scientific review. 
Therefore, no conclusions or comparisons should be drawn from this 
study until it becomes final. This study specifically addresses 
refinery flare emissions. However, no refineries are located in the 
Missouri side of the non-attainment area. Further review of the 
document has shown that methane was included in the emission factor 
that was used to derive emissions for this study. Methane is not an 
ozone precursor, and the inclusion of this pollutant could 
significantly alter the preliminary findings. The study targets the 
control efficiencies of the flares and states that ``efficiency drops 
approximately by the cube of the speed (wind)''. This would suggest 
that on high wind event days the control efficiencies would be at their 
lowest. However, in the St. Louis area, high ozone days have been 
characterized by low wind conditions, which would produce minimal 
impact on flare control efficiencies during the periods of concern. 
Lastly, NOX and VOC emissions from all flares constitute 
less than one-tenth of one percent of the total inventory for the 
Missouri side of the St. Louis area. Therefore, any potential changes 
in calculation methodology from this source category, even if changes 
were warranted based on this draft study, would still likely produce an 
insignificant change to the total inventory.
    Comment 35: Missouri states that it operates an enhanced I/M 
program but this has never been authorized by the Missouri legislature.
    Response 35: The Missouri Legislature authorized MDNR to develop an 
I/M program, including a centralized test only program, as necessary to 
provide for attainment and maintenance of the national ambient air 
quality standard. That authority is codified in the Missouri Revised 
Statutes, Sections 643.300--643.355. Missouri's I/M program has 
incorporated most of the features of an enhanced program, described in 
our 2000 rulemakings (65 FR 8097, February 17, 2000 and 65 FR 31480, 
May 18, 2000).
    The I/M program operated in the St. Louis, Missouri, area is known 
as the Gateway Clean Air Program. The Gateway Clean Air Program 
utilizes transient emission testing, the IM240 test, at centralized 
testing stations. These features are commonly thought of as being 
associated with an ``enhanced'' I/M program, as compared with 
decentralized, idle test programs. The IM240 test measures the vehicle 
under various operating conditions, measures NOX, and makes 
these measurements in terms of grams per mile, all of which the idle 
test cannot. Additionally, the Gateway Clean Air Program includes gas 
cap testing, which addresses evaporative hydrocarbon emissions that a 
tailpipe test cannot. Thus, Missouri often refers to the Gateway Clean 
Air Program as an Enhanced I/M program. As seen in Missouri's December 
2002 program evaluation, this program is achieving emission reductions 
beyond those which would be achieved through a decentralized, idle test 
program. The descriptive terminology is irrelevant in any event. 
Missouri has assumed emissions reductions for the program it has in 
place (whatever label is used to describe the program), and the 
commenter does not provide any information indicating that the assumed 
reductions are not appropriate.
    Comment 36: The emission inventory submitted by Missouri is not an 
inventory of emissions during the attainment period but is projected 
emissions drawn from Missouri's old attainment demonstration. EPA 
cannot conclude that keeping emissions no higher than these projected 
inventory amounts will ensure maintenance of the NAAQS.
    Response 36: Missouri did not use the same inventories in the 
attainment demonstration as was used in the maintenance plan. Missouri 
used a 1995/1996 inventory for the attainment demonstration and a 1999 
inventory for the maintenance plan.
    In the maintenance plan, Missouri selected 2000 as ``the attainment 
year'' for purposes of demonstrating attainment of the 1-hour ozone 
NAAQS. Both point and area source inventories were grown from 1999 
emission inventories. To demonstrate maintenance of the ozone standard 
through a ten-year maintenance period, Missouri projected VOC and 
NOX emissions for the St. Louis area to 2007

[[Page 25440]]

and 2014 and compared these projected emissions to the 2000 attainment 
year emissions. The 2007 emission estimates were generated to test a 
midpoint in the ten-year maintenance period.
    In the April 17, 2000, proposed rule at 65 FR 20411 for the 
attainment demonstration, EPA noted that ``The state submittals 
describe in detail the procedures used to develop, and then project, 
the base year emission inventories to the 1995/1996 period and to 
project emission to account for growth and control through 2003.'' The 
maintenance plan does not rely on these inventories.
    As stated in response to comment 23 above, keeping emissions no 
higher than those projected in the inventory will ensure maintenance of 
the NAAQS. The Sixth Circuit in Wall v. EPA (265 F.3d 426, 435) 
determined that ``EPA's actions are completely consistent with its own 
interpretive memorandum, which allows for NAAQS maintenance to be 
demonstrated by showing that the future emissions of a pollutant's 
precursors will not exceed the level that allowed the area to achieve 
attainment in the first place.''
    Comment 37: Neither maintenance plan provides a technical analysis 
demonstrating that maintenance of the 2000 emission levels will assure 
maintenance of the NAAQS. Such a demonstration requires photochemical 
grid modeling.
    Response 37: This comment refers to both the Missouri and Illinois 
portions of the St. Louis area. EPA is hereby providing a response 
regarding the Missouri portion of the St. Louis area. See the 
rulemaking in today's Federal Register regarding redesignation of the 
Illinois portion of the St. Louis area for EPA's response to this 
comment as it pertains to the Illinois portion of the St. Louis area.
    EPA disagrees that modeling is required to demonstrate maintenance 
of the NAAQS. EPA reiterates its response to other comments including 
comments 23 and 36 in that the Court of Appeals for the Sixth Circuit 
in Wall v. EPA (265 F.3d 426, 435) determined that ``EPA's actions are 
completely consistent with its own interpretive memorandum, which 
allows for NAAQS maintenance to be demonstrated by showing that the 
future emissions of a pollutant's precursors will not exceed the level 
that allowed the area to achieve attainment in the first place.''
    Missouri's maintenance plan includes a technical analysis as 
described in the response to comment 28 above that demonstrates 
maintenance of the NAAQS, based on a comparison of base year 
(attainment year) and projected VOC and NOX emissions. This 
analysis meets the requirements of the CAA, is consistent with EPA 
guidance, and demonstrates maintenance of the NAAQS.
    Comment 38: The maintenance plan must include RACM and RACT, for 
the reasons stated in comment 13 above.
    Response 38: EPA incorporates its response to comment 13 in 
response to this comment.

F. Comments Related to Criterion 5: The Area Must Have Met All 
Applicable Requirements Under Section 110 and Part D

    Comment 39: Neither state has met all the requirements applicable 
to the area. The serious area requirements of section 182(c) are 
applicable but none of these requirements have been met. Some of the 
requirements are applicable and enforceable now, such as the 50 ton per 
year threshold for permitting and enforcement and paragraphs 7, 8, and 
10 of section 182(c).
    Response 39: This comment refers to both the Missouri and Illinois 
portions of the St. Louis area. EPA is hereby providing a response 
regarding the Missouri portion of the St. Louis area. See the 
rulemaking in today's Federal Register regarding redesignation of the 
Illinois portion of the St. Louis area for EPA's response to this 
comment as it pertains to the Illinois portion of the St. Louis area.
    As stated in the response to comments 6 through 11 above, the SIPs 
meet the applicable requirements and the serious area requirements are 
not applicable for purposes of this redesignation. States requesting 
redesignation to attainment must meet the relevant CAA requirements 
that come due prior to the submittal of a complete redesignation 
request. Areas may be redesignated even though they have not adopted 
measures that come due after the submission of a complete redesignation 
request. Upon completion of today's actions, the SIP is fully approved 
for all applicable regulations. SIP revisions addressing the serious 
area requirements were required to be submitted by January 30, 2004.
    Section 182(c) paragraphs 7 and 8 refer to special rules for 
modifications of major sources while paragraph 10 refers to 1.2 to 1 
offset requirements for serious nonattainment areas. Missouri rule 10 
CSR 10-6.020 defines the Missouri portion of the St. Louis area as a 
moderate ozone nonattainment area. A SIP revision would be required to 
redefine the Missouri portion of the St. Louis area to a serious 
nonattainment area. As stated in response to comment 7, EPA established 
a future date for submission of the serious area requirements, 
including section 182(c)(7),(8), and (10), and the requirements are not 
now applicable for purposes of this redesignation.

G. Comments Related to Implementation of Contingency Measures

    Comment 40: One commenter requested that in the final rule, EPA 
expressly state that in the event of a future violation of the NAAQS, 
Illinois and Missouri will not necessarily be required to evaluate any 
particular contingency measure nor be required to submit further 
attainment demonstrations.
    Response 40: As stated above, the contingency plan portion of each 
state's maintenance plans delineate the states' planned actions in the 
event of future 1-hour ozone standard violations, increasing ozone 
levels threatening a subsequent violation of the ozone standard, and 
unanticipated increases in ozone precursor emissions threatening a 
subsequent violation of the ozone standard. In the event of a level I 
trigger, Illinois and Missouri will work together to evaluate the 
situation and determine if adverse emissions trends are likely to 
continue. If so, the states will determine what and where emission 
controls may be required to avoid a violation of the 1-hour ozone 
NAAQS. A study shall be completed within nine months of the 
determination of the action trigger exceedance. In the event of a Level 
II trigger, Illinois and Missouri will work together to conduct a 
thorough analysis to determine appropriate contingency measures. EPA 
expects that through this process, the states will identify the 
appropriate measures to implement to maintain the NAAQS. Redesignated 
areas are not subject to an obligation to meet additional nonattainment 
area requirements such as attainment demonstrations since they are no 
longer designated nonattainment areas. Instead, they must implement the 
contingency measures, which is what Congress provided for in the CAA.

H. Comments Related to Redesignation of a Portion of the St. Louis Area

    Comment 41: One commenter requested that in the event the EPA is 
unable to finalize Missouri's I/M program, as proposed in a separate 
rulemaking on January 30, 2003, EPA should proceed with the 
redesignation for the Illinois portion of the St. Louis area.
    Response 41: In today's Federal Register, EPA is approving 
Missouri's revised I/M rule. In addition, as explained above, EPA is 
finalizing its actions on the Missouri and Illinois

[[Page 25441]]

redesignation requests in separate rulemakings.

I. Comments Related to Interstate Transport

    Comment 42: EPA must ensure that the CAA requirements of Section 
110(a)(2)(D) pertaining to interstate transport impacts are actively 
and adequately met through the states' SIPs and through federal control 
programs such as the NOX SIP call.
    Response 42: This comment refers to both the Missouri and Illinois 
portions of the St. Louis area. EPA is hereby providing a response 
regarding the Missouri portion of the St. Louis area. See the 
rulemaking in today's Federal Register regarding redesignation of the 
Illinois portion of the St. Louis area for EPA's response to this 
comment as it pertains to the Illinois portion of the St. Louis area.
    As stated above, EPA believes that submissions under the 
NOX SIP call should not be considered applicable 
requirements for purposes of evaluating a redesignation request. The 
NOX SIP call requirements are not linked with a particular 
nonattainment area's designation and classification. EPA believes that 
the requirements linked with a particular nonattainment area's 
designation and classification are the requirements that are the 
relevant measures to evaluate in reviewing a redesignation request. The 
NOX SIP call submittal requirements continue to apply to a 
state regardless of the designation of any one particular area in the 
state.
    Thus, we do not believe that the NOX SIP call submission 
should be construed to be an applicable requirement for purposes of 
redesignation. The section 110 and part D requirements, which are 
linked with a particular area's designation and classification, are the 
relevant measures to evaluate in reviewing a redesignation request. 
This policy is consistent with EPA's existing conformity and oxygenated 
fuels requirements, as well as with section 184 ozone transport 
requirements. See Reading, Pennsylvania, proposed and final rulemakings 
(61 FR 53174-53176, October 10, 1996), (62 FR 24826, May 7, 1997); 
Cleveland-Akron-Lorain, Ohio, final rulemaking (61 FR 20458, May 7, 
1996); and Tampa, Florida, final rulemaking (60 FR 62748, December 7, 
1995). See also the discussion on this issue in the Cincinnati 
redesignation (65 FR 37890, June 19, 2000).
    Missouri has adopted and EPA has approved into the SIP a state-wide 
NOX rule (10 CSR 10-6.350 Emissions Limitations and 
Emissions Trading of Oxides of Nitrogen (65 FR 82285, December 28, 
2000). This rule will remain as a SIP requirement following 
redesignation of the area to attainment. EPA is also determining in a 
separate rulemaking (proposed at 67 FR 8396) whether or not the eastern 
part of Missouri is to be subject to the NOX SIP call in 
response to a court remand.
    Comment 43: The expected NOX emission control programs 
and emission reductions for the St. Louis area should not be 
jeopardized due to the absence of continued federal enforceability of 
the SIPs.
    Response 43: The SIPSs will remain Federally enforceable following 
redesignation of the St. Louis area to attainment. In addition, all of 
the NOX emission controls measures which are currently in 
place will remain as SIP requirements following redesignation to 
attainment. These emission control measures include NOX 
RACT, and the state-wide NOX rule in Missouri. Any revisions 
to SIP requirements would have to meet the applicable provisions of the 
CAA and be approved by EPA.
    Comment 44: The redesignation of the St. Louis area to attainment 
should not weaken the impetus to rapidly address NOX 
transport to downwind areas. These efforts are critical to addressing 
the 8-hour and 1-hour ozone NAAQS in the St. Louis and downwind areas.
    Response 44: The St. Louis redesignation to attainment will not 
delay EPA's decision as to whether or not the eastern portion of 
Missouri is to be included in the NOX SIP call. EPA will 
closely review any proposed changes to the NOX emission 
control programs which are currently in place in the St. Louis area to 
ensure that the proposed changes will not adversely affect the 
maintenance of the NAAQS.

VI. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the CAA. 
This rule also is not subject to Executive Order 13045 ``Protection of 
Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. In this 
context, in the absence of a prior existing requirement for the State 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the CAA. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note) do not apply. This rule does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    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

[[Page 25442]]

report containing this rule 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 July 11, 2003. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule 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

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Ozone, Wilderness areas.

    Dated: April 29, 2003.
William W. Rice,
Acting Regional Administrator, Region 7.

0
Chapter I, title 40 of the Code of Federal Regulations is amended as 
follows:

PART 52--[AMENDED]

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(e) the table is amended by adding an entry at the 
end of the table to read as follows:


Sec.  52.1320  Identification of Plan.

* * * * *
    (e) * * *

                               EPA Approved Missouri Nonregulatory SIP Provisions
----------------------------------------------------------------------------------------------------------------
                                                                              State         EPA
    Name of nonregulatory SIP provision        Applicable geographic or     submittal     approval   Explanation
                                                  nonattainment area           date         date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Maintenance Plan for the Missouri Portion   St. Louis....................     12/06/02      5/12/03
 of the St. Louis Ozone Nonattainment Area
 including 2014 On-Road Motor Vehicle
 Emission Budgets.
----------------------------------------------------------------------------------------------------------------

PART 81--[AMENDED]

0
1. The authority citation for part 81 continues to read as follows:

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

0
2. In Sec.  81.326 the table entitled ``Missouri--Ozone (1-Hour 
Standard)'' is amended by revising the entry for St. Louis Area to read 
as follows:


Sec.  81.326  Missouri.

* * * * *

                                                 Missouri--Ozone
                                                [1-Hour Standard]
----------------------------------------------------------------------------------------------------------------
                                                   Designation                         Classification
           Designated area           ---------------------------------------------------------------------------
                                        Date \1\             Type             Date \1\             Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
St. Louis Area:
    Franklin County.................      5/12/03  Attainment.............
    Jefferson County................      5/12/03  Attainment.............
    St. Charles County..............      5/12/03  Attainment.............
    St. Louis.......................      5/12/03  Attainment.............
    St. Louis County................      5/12/03  Attainment ............
----------------------------------------------------------------------------------------------------------------
\1\ This date is October 18, 2000, unless otherwise noted.

* * * * *
[FR Doc. 03-11187 Filed 5-9-03; 8:45 am]
BILLING CODE 6560-50-P