[Federal Register Volume 72, Number 104 (Thursday, May 31, 2007)]
[Rules and Regulations]
[Pages 30272-30275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10231]



40 CFR Part 52

[EPA-R07-OAR-2007-0383; FRL-8318-8]

Approval and Promulgation of Implementation Plans; State of 

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.


SUMMARY: EPA is approving a request to amend the Missouri State 
Implementation Plan (SIP) to include the base year inventory for the 
Missouri portion of the St. Louis 8-hour ozone national ambient air 
quality standard (NAAQS) nonattainment area and a demonstration of 
Missouri's emissions statement authority. The Missouri portion of the 
St. Louis nonattainment area consists of the City of St. Louis and 
Franklin, Jefferson, St. Charles and St. Louis Counties. The 
nonattainment area also includes four counties in Illinois. This 
amendment would fulfill Missouri's obligation, as a moderate 
nonattainment area, to submit a base year inventory for the 8-hour 
ozone NAAQS and to demonstrate adequate authority to address the 
emissions statement requirement as required under Section 182(a)(1) and 
Section 182(a)(3)(B) of the Clean Air Act, respectively.

DATES: This direct final rule will be effective July 30, 2007, without 
further notice, unless EPA receives adverse comment by July 2, 2007. If 
adverse comment is received, EPA will publish a timely withdrawal of 
the direct final rule in the Federal Register informing the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2007-0383, by one of the following methods:
    1. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    2. E-mail: [email protected].
    3. Mail: Shelly Rios-LaLuz, Environmental Protection Agency, Air 
Planning and Development Branch, 901 North 5th Street, Kansas City, 
Kansas 66101.
    4. Hand Delivery or Courier. Deliver your comments to Shelly Rios-
LaLuz, Environmental Protection Agency, Air Planning and Development 
Branch, 901 North 5th Street, Kansas City, Kansas 66101.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2007-0383. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit through http://www.regulations.gov or e-mail information that you consider to be CBI 
or otherwise protected. The http://www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of

[[Page 30273]]

encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in http://www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Air Planning and Development Branch, 901 North 5th Street, 
Kansas City, Kansas 66101. The Regional Office's official hours of 
business are Monday through Friday, 8 to 4:30 excluding Federal 
holidays. The interested persons wanting to examine these documents 
should make an appointment with the office at least 24 hours in 

FOR FURTHER INFORMATION CONTACT: Shelly Rios-LaLuz at (913) 551-7296, 
or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This section provides 
additional information by addressing the following questions:

What is a SIP?
What is the Federal approval process for a SIP?
What is being addressed in this document?
Have the requirements for approval of a SIP revision been met?
What action is EPA taking?

What is a SIP?

    Section 110 of the Clean Air Act (CAA) requires states to develop 
air pollution regulations and control strategies to ensure that state 
air quality meets the national ambient air quality standards 
established by EPA. These ambient standards are established under 
section 109 of the CAA, and they currently address six criteria 
pollutants. These pollutants are: Carbon monoxide, nitrogen dioxide, 
ozone, lead, particulate matter, and sulfur dioxide.
    Each state must submit these regulations and control strategies to 
us for approval and incorporation into the Federally-enforceable SIP.
    Each Federally-approved SIP protects air quality primarily by 
addressing air pollution at its point of origin. These SIPs can be 
extensive, containing state regulations or other enforceable documents 
and supporting information such as emission inventories, monitoring 
networks, and modeling demonstrations.

What is the Federal approval process for a SIP?

    In order for state regulations to be incorporated into the 
Federally-enforceable SIP, states must formally adopt the regulations 
and control strategies consistent with state and Federal requirements. 
This process generally includes a public notice, public hearing, public 
comment period, and a formal adoption by a state-authorized rulemaking 
    Once a state rule, regulation, or control strategy is adopted, the 
state submits it to us for inclusion into the SIP. We must provide 
public notice and seek additional public comment regarding the proposed 
Federal action on the state submission. If adverse comments are 
received, they must be addressed prior to any final Federal action by 
    All state regulations and supporting information approved by EPA 
under section 110 of the CAA are incorporated into the Federally-
approved SIP. Records of such SIP actions are maintained in the Code of 
Federal Regulations (CFR) at title 40, part 52, entitled ``Approval and 
Promulgation of Implementation Plans.'' The actual state regulations 
which are approved are not reproduced in their entirety in the CFR 
outright but are ``incorporated by reference,'' which means that we 
have approved a given state regulation with a specific effective date.

What is being addressed in this document?

    On June 15, 2006, we received a request from the Missouri 
Department of Natural Resources (MDNR) to amend its SIP to include the 
2002 Base Year Emissions Inventory for the Missouri Portion of the St. 
Louis 8-Hour Ozone Nonattainment Area. The Missouri portion of the St. 
Louis nonattainment area consists of the City of St. Louis and 
Franklin, Jefferson, St. Charles and St. Louis Counties. The St. Louis 
area was designated a moderate nonattainment area for the 8-hour ozone 
national ambient air quality standard (NAAQS) on April 15, 2004. This 
designation became effective on June 15, 2004. Moderate nonattainment 
areas must comply with requirements under the CAA Section 182(b), which 
states, in part, that moderate nonattainment areas shall make 
submissions that are required under subsection (a) relating to marginal 
areas. Section 182(a)(1) states that areas subject to Section 182(a) 
must submit a comprehensive, accurate, current inventory of actual 
emissions from all sources in accordance with EPA guidance. Such plans 
must be submitted within two years after the initial designation of 
June 15, 2004. In addition, Section 182(a)(3)(B) requires that the SIP 
include requirements that owner and operators of the sources emitting 
ozone precursors must submit annual statements of their emissions. This 
action addresses both of these requirements for the Missouri portion of 
the St. Louis 8-hour ozone nonattainment area.
    EPA's Emissions Inventory Guidance for Implementation of Ozone and 
Particulate Matter National Ambient Air Quality Standards (NAAQS) and 
Regional Haze Regulations (EPA-454/R-05-001, August 2005) was used as 
the basis for the development of the base year inventory submittal. 
MDNR chose 2002 as the base year for the St. Louis 8-hour ozone 
nonattainment area emissions inventory as recommended by the November 
18, 2002, EPA memorandum 2002 Base Year Inventory SIP Planning: 8-Hour 
Ozone, PM2.5 and Regional Haze Programs. The inventory 
addresses actual annual and actual ozone season day (OSD) emissions of 
volatile organic compounds (VOCs), nitrogen oxides (NOX) and 
carbon monoxide (CO) from stationary point and area sources, onroad and 
nonroad mobile sources, and biogenic sources within the Missouri 
portion of the St. Louis ozone nonattaiment area in accordance with the 
EPA's emission inventory guidance referenced above. The MDNR defined 
OSD emissions as those occurring during a typical weekday during the 
high ozone season, which takes place from June through August. This 
definition is consistent with the Consolidated Emissions Reporting Rule 
(CERR) where ozone daily emissions are defined as summer work weekday 
emissions. In addition, this period correlates to the 8-hour ozone 
NAAQS exceedences that occurred in 2002 and with the modeling episodes 
used in the attainment demonstration, which is currently under 
development by the state. The entire ozone season is from April-
    Emissions for Missouri's portion of the St. Louis 8-hour ozone 
nonattainment area for the 2002 base year inventory are summarized in 
Table 1.

[[Page 30274]]

                       Table 1.--2002 Base Year Emissions Summary by Source Category Type
         Source type           VOC tons/yr  VOC tons/OSD   NOX tons/yr  NOX tons/OSD   CO tons/yr    CO tons/OSD
Point.......................      10,868.4          29.0      44,018.3         126.8       9,207.0          26.4
Area........................      28,947.0          73.3      10,014.2          19.1      20,976.8          30.6
Offroad Mobile..............      13,881.3          45.3      19,329.0          60.2     188,365.9         642.6
Onroad Mobile...............      25,973.0          68.2      60,311.7         159.0     399,726.4         863.5
    Anthropogenic Totals....      79,669.7         215.7     133,673.2         365.1     618,276.1       1,563.2
Biogenics...................     56,878.50         385.8         886.5           3.5      4,813.60          28.7
    Total (All).............    136,548.20         601.5    134,559.70        368.60    623,089.70      1,591.90

    Missouri's obligation under Section 182(a)(3)(B) of the CAA, which 
requires that all states with ozone nonattainment areas collect 
emission statements of the actual VOC and NOX emissions from 
the owner or operators of each stationary source in the nonattainment 
area, was met by MDNR with its adoption of a revision to the Missouri 
SIP (rule 10 CSR 10-6.110), submitted to EPA on March 31, 1994, that 
demonstrated compliance with this requirement for the 1-hour ozone 
standard. Rule 10 CSR 10-6.110 was approved into the SIP on February 
29, 1996 (61 FR 7714), and was effective on April 1, 1996. EPA's 
rationale for approving this rule can be found in the April 3, 1995, 
proposed rule (60 FR 16827). This rule requires sources that emit 
NOX, VOC and CO equal or greater to 10 tons per year to 
submit emissions statements of their actual emissions to the state of 
Missouri. EPA has reviewed Missouri's rule and agrees that it is 
adequate for purposes of the emissions statement requirement for the 8-
hour ozone NAAQS.

Have the requirements for approval of a SIP revision been met?

    The state submittal has met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. The submittal also 
satisfied the completeness criteria of 40 CFR part 51, appendix V. In 
addition, as explained above and in more detail in the technical 
support document which is part of this document, the revision meets the 
substantive SIP requirements of the CAA, including section 110 and 
implementing regulations.

What action is EPA taking?

    We are approving the request to amend Missouri's SIP to include the 
base year inventory for the Missouri portion of the St. Louis 8-hour 
ozone nonattainment area. We are processing this action as a direct 
final action because the revisions make routine changes to the existing 
rules which are noncontroversial. Therefore, we do not anticipate any 
adverse comments. Please note that if EPA receives adverse comment on 
part of this rule and if that part can be severed from the remainder of 
the rule, EPA may adopt as final those parts of the rule that are not 
the subject of an adverse comment.

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 (Pub. L. 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 approves a state rule implementing a 
Federal standard.
    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 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

[[Page 30275]]

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. 
    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 30, 2007. 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 in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: May 14, 2007
John B. Askew,
Regional Administrator, Region 7.

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


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

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

Subpart AA--Missouri

2. In Sec.  52.1320(e) the table is amended by adding an entry in 
numerical order to read as follows:

Sec.  52.1320  Identification of Plan.

* * * * *
    (e) * * *

                               EPA-Approved Missouri Nonregulatory SIP Provisions
                                       Applicable         State
    Name of nonregulatory SIP        geographic or      submittal    EPA approval date         Explanation
            provision              nonattainment area      date
                                                  * * * * * * *
(52) Submittal of the 2002 Base   St. Louis..........     06/15/06  05/31/07 [insert FR
 Year Inventory for the Missouri                                     page number where
 Portion of the St. Louis 8-hour                                     the document
 ozone nonattaiment area and                                         begins].
 Emissions Statement SIP.

[FR Doc. E7-10231 Filed 5-30-07; 8:45 am]