[Federal Register Volume 76, Number 39 (Monday, February 28, 2011)]
[Proposed Rules]
[Pages 10815-10817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4382]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2010-0416; FRL-9271-8]


Approval and Promulgation of Determination of Attainment for the 
1997 8-Hour Ozone Standard: States of Missouri and Illinois

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to determine that the St. Louis (MO-IL) 
metropolitan nonattainment area has attained the 1997 8-hour National 
Ambient Air Quality Standard (NAAQS) for ozone. The St. Louis 
metropolitan 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, St. Clair, and 
Jersey in Illinois. This proposed determination is based on three years 
of complete, quality assured ambient air quality monitoring data for 
Missouri and Illinois for the 2008 through 2010 ozone seasons showing 
attainment of the NAAQS at all ozone monitoring sites in the 
nonattainment area. If EPA finalizes its proposed determination, it 
will suspend the obligation to submit certain ozone attainment 
demonstration requirements, along with other requirements related to 
the attainment of the 1997 8-hour ozone standard.

DATES: Comments must be received on or before March 30, 2011.

ADDRESSES: Submit your comments regarding the Missouri portion of the 
St. Louis (MO-IL) metropolitan area, identified by Docket ID No. EPA-
R07-OAR-2010-0416, 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 or Hand Delivery or Courier: Lachala Kemp, Environmental 
Protection Agency, Air Planning and Development Branch, 901 North 5th 
Street, Kansas City, Kansas 66101.
    Submit your comments regarding the Illinois portion of the St. 
Louis (MO-IL) metropolitan area, identified by Docket ID No. EPA-R07-
OAR-2010-0416, 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 or Hand Delivery or Courier: John M. Mooney, Chief, 
Attainment Planning and Maintenance Section, Air Programs Branch, (AR-
18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, 
Chicago, Illinois 60604.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2010-0146. 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 information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. 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.

[[Page 10816]]

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 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, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
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. EPA requests that you contact the 
person listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The interested persons wanting to examine 
these documents should make an appointment with the office at least 24 
hours in advance.

FOR FURTHER INFORMATION CONTACT: In Region 7 contact Lachala Kemp, Air 
Planning and Development Branch, 901 N. 5th Street, Kansas City, Kansas 
66101 at 913 551-7214, or by e-mail at [email protected]. In Region 
5 contact Edward Doty, Attaining Planning and Maintenance Section, Air 
Programs Branch (AR-18J), 77 West Jackson Boulevard, Chicago, Illinois, 
60604, (312) 866-6057 or by e-mail at [email protected].

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

Table of Contents

I. What should I consider as I prepare my comments to EPA?
II. What action is EPA proposing to take?
III. What is the effect of this action?
IV. EPA's proposed action?
V. Statutory and Executive Order Reviews

I. What should I consider as I prepare my comments to EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    2. Follow directions--EPA may ask you to respond to specific 
questions or organize comments by referencing Code of Federal 
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternative and 
substitute language for your requested change.
    4. Describe any assumptions and provide any technical information 
and/or data you used.
    5. If you estimate potential cost or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline 
identified in the proposed rule.

II. What action is EPA proposing to take?

    EPA is proposing to determine that the St. Louis (MO-IL) 
metropolitan 1997 8-hour ozone nonattainment area has attained the 1997 
8-hour ozone NAAQS. EPA received a request from the Missouri Department 
of Natural Resources to determine that the St. Louis metropolitan 
nonattainment area has attained the 1997 8-hour ozone standard of 0.08 
parts per million (ppm). This request is based upon the most recent 
three years of complete, quality assured ambient air monitoring data 
for Missouri and Illinois showing that the area has attained the NAAQS 
during the 2008-2010 monitoring period.
    On March 27, 2008 (73 FR 16436), EPA promulgated a revised 8-hour 
ozone standard of 0.075 ppm. On January 6, 2010, EPA again addressed 
this 2008 revised standard and proposed to set the primary 8-hour ozone 
standard within the range of 0.060 to 0.070 ppm, rather than at 0.075 
ppm. EPA is working to complete reconsideration of the standard and 
thereafter will proceed with designations. Today's proposed rulemaking 
relates only to a determination of attainment for the 1997 8-hour ozone 
standard and is not affected by the ongoing process of reconsidering 
the revised 2010 standard.
    The monitors and design values are displayed in Table 1. The table 
summarizes the annual fourth-high daily maximum 8-hour ozone 
concentrations and their 3-year (2008-2010) averages for all monitors 
in the St. Louis (MO-IL) metropolitan nonattainment area. These data 
reflect peak ozone concentrations quality assured and reported by the 
States of Illinois and Missouri.

             Table 1--Annual Fourth-High Daily Maximum 8-Hour Ozone Concentrations and 3-Year Averages in ppm for the St. Louis (MO-IL) Area
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                                                                                                           2008  4th   2009  4th   2010  4th   2008-2010
                State                                 County                           Monitor               high        high        high       average
                                                                                                             (ppm)       (ppm)       (ppm)       (ppm)
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Illinois.............................  Jersey..............................  Jerseyville, 17-083-1001...       0.069       0.068       0.072       0.069
                                       Madison.............................  Alton, 17-119-0008.........       0.068       0.067       0.080       0.071
                                                                             Maryville, 17-119-1009.....       0.070       0.074       0.074       0.072
                                                                             Wood River, 17-119-3007....       0.067       0.066       0.070       0.067
                                       St. Clair...........................  East St. Louis, 17-163-0010       0.064       0.069       0.072       0.068
Missouri.............................  Jefferson...........................  Arnold West, 29-099-00019..        0.70       0.070       0.077       0.072
                                       St. Charles.........................  Orchard Farm, 29-183-1004..       0.072       0.073       0.077       0.074
                                                                             West Alton, 29-183-1002....       0.076       0.071       0.084       0.077
                                       St. Louis...........................  Maryland Heights, 29-189-         0.069       0.070       0.076       0.071
                                                                              0014.
                                                                             Pacific, 29-189-0005.......       0.064       0.064       0.069       0.065
                                       St. Louis City......................  Blair Street, 29-510-0085..       0.073       0.065       0.071       0.069
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[[Page 10817]]

    Review of the 2008-2010 ozone monitoring data in the nonattainment 
area shows that all sites were attaining the 1997 8-hour ozone NAAQS 
during this period. Therefore, based on the most recent three years of 
complete, quality assured ozone monitoring data, EPA is proposing to 
determine that the 1997 8-hour ozone standard has been attained in the 
St. Louis (MO-IL) metropolitan ozone nonattainment area.

III. What is the effect of this action?

    EPA is proposing to determine that the St. Louis metropolitan 8-
hour ozone nonattainment area consisting of both the Missouri and 
Illinois portions of the area has attained the 1997 8-hour ozone 
standard. As provided in 40 CFR 51.918, if EPA finalizes this 
determination, certain attainment demonstration requirements and 
associated reasonably available control measures, reasonable further 
progress plans, contingency measures, and other planning SIP 
requirements related to attainment of the 8-hour ozone NAAQS shall be 
suspended as to the St. Louis nonattainment area. Under 40 CFR 51.918, 
a final determination that the area has met the 1997 8-hour ozone 
standard suspends the State's obligation to submit requirements related 
to attainment, for so long as the area continues to attain the 
standard. This action does not constitute a redesignation to attainment 
under CAA section 107(d)(3), because Missouri and Illinois do not have 
approved maintenance plans as required under section 175A of the CAA, 
nor has EPA made a determination that the area has met the other 
requirements for redesignation. The ozone classification and 
designation status of the area remains moderate nonattainment for the 
1997 8-hour ozone NAAQS until such time as a redesignation request and 
maintenance plan are submitted to EPA and EPA determines that it meets 
the CAA requirements for redesignation to attainment.
    If EPA subsequently determines, after notice-and-comment rulemaking 
in the Federal Register, that the area has violated the 1997 8-hour 
ozone standard, the basis for the suspension of these requirements 
would no longer exist, and the area would thereafter have to address 
the pertinent requirements.

IV. EPA's proposed action?

    EPA is proposing to determine that the St. Louis (MO-IL) 
metropolitan 1997 8-hour ozone nonattainment area has attained the 1997 
8-hour ozone standard based on three years of complete, quality assured 
ambient air quality monitoring data for Missouri and Illinois for the 
2008-2010 ozone seasons. As provided in 40 CFR 51.918, if EPA finalizes 
this determination, the requirements for Missouri and Illinois to 
submit an attainment demonstration and associated reasonably available 
control measures, a reasonable further progress plan, and contingency 
measures under section 172(c)(9), and any other planning SIP related to 
attainment of the 1997 8-hour ozone NAAQS for the St. Louis 
Metropolitan area would be suspended. This suspension of requirements 
would be effective as long as the area continues to attain the 1997 8-
hour ozone standard. This action addresses only the 1997 8-hour ozone 
standard of 0.08 ppm, and does not address any subsequent revisions to 
the standard.

V. Statutory and Executive Order Reviews

    This action proposes to make a determination based on air quality 
data, and would, if finalized, result in the suspension of certain 
Federal Requirements. Accordingly, this proposed action does not impose 
additional requirements beyond those imposed by State law. Therefore, 
this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed 8-hour ozone clean NAAQS data 
determination for the St. Louis (MO-IL) metropolitan area does not have 
Tribal implications as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000), because the SIP is not approved to apply in Indian 
country located in the State, and EPA notes that it will not impose 
substantial direct costs on Tribal governments or preempt Tribal law.

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: February 10, 2011.
Karl Brooks,
Regional Administrator, Region 7.
    Dated: February 16, 2011.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. 2011-4382 Filed 2-25-11; 8:45 am]
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