[Federal Register Volume 76, Number 111 (Thursday, June 9, 2011)]
[Rules and Regulations]
[Pages 33647-33650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14296]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2010-0416; FRL-9317-4]


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: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action 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 
final 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. Based on this 
final determination, the obligation to submit certain ozone attainment 
demonstration requirements, along with other requirements related to 
the attainment of the 1997 8-hour ozone standard are suspended.

DATES: This rule is effective on July 11, 2011.

[[Page 33648]]


ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2010-0416. All documents in the docket are listed on 
the http://www.regulations.gov Web site. 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 through 
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 
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, Attainment Planning and Maintenance Section, Air 
Programs Branch (AR-18J), 77 West Jackson Boulevard, Chicago, Illinois 
60604, (312) 886-6057 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 action is EPA taking?
II. What is the effect of this action?
III. EPA's Determination of Attainment
IV. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is making a final determination that the St. Louis (MO-IL) 
metropolitan 1997 8-hour ozone nonattainment area has attained the 1997 
8-hour ozone NAAQS. EPA published in the Federal Register its proposed 
determination for the St. Louis (MO-IL) metropolitan nonattainment area 
on February 28, 2011 (76 FR 10815). A detailed discussion of the 
rationale for the determination, and the effect of the determination, 
was included in the proposal. EPA received no comments on the proposed 
rule. EPA's determination 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 rulemaking relates 
only to a final determination of attainment for the 1997 8-hour ozone 
standard and is not affected by the ongoing process of reconsidering 
the revised 2008 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                           2008 4th high   2009 4th high   2010 4th high     2008-2010
            State                         County                       Monitor                 (ppm)           (ppm)           (ppm)      average  (ppm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Illinois.....................  Jersey......................  Jerseyville................           0.069           0.068           0.072           0.069
                                                             17-083-1001................
                               Madison.....................  Alton......................           0.068           0.067           0.080           0.071
                                                             17-119-0008................
                                                             Maryville..................           0.070           0.074           0.074           0.072
                                                             17-119-1009................
                                                             Wood River.................           0.067           0.066           0.070           0.067
                                                             17-119-3007................
                               St. Clair...................  East St. Louis.............           0.064           0.069           0.072           0.068
                                                             17-163-0010................
Missouri.....................  Jefferson...................  Arnold West................            0.70           0.070           0.077           0.072
                                                             29-099-00019...............
                               St. Charles.................  Orchard Farm...............           0.072           0.073           0.077           0.074
                                                             29-183-1004................
                                                             West Alton.................           0.076           0.071           0.084           0.077
                                                             29-183-1002................
                               St. Louis...................  Maryland Heights...........           0.069           0.070           0.076           0.071
                                                             29-189-0014................
                                                             Pacific....................           0.064           0.064           0.069           0.065
                                                             29-189-0005................
                               St. Louis City..............  Blair Street...............           0.073           0.065           0.071           0.069
                                                             29-510-0085................
--------------------------------------------------------------------------------------------------------------------------------------------------------

    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 determining 
that the 1997 8-hour ozone standard has been attained in the St. Louis 
(MO-IL) metropolitan ozone nonattainment area.

[[Page 33649]]

II. What is the effect of this action?

    EPA is taking final action 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, based on 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.

III. EPA's Determination of Attainment

    EPA is taking final action 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, based on 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.

IV. Statutory and Executive Order Reviews

    This final determination of attainment is based on air quality data 
and would result in the suspension of certain Federal Requirements. 
Accordingly, this action does not impose additional requirements beyond 
those imposed by state law. Therefore this final 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 8-hour ozone clean NAAQS data final 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.
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 8, 2011. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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).)
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(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 24, 2011.
Karl Brooks,
Regional Administrator, Region 7.
    Dated: June 1, 2011.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR part 52 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 O--Illinois

* * * * *

0


[[Page 33650]]

2. Section 52.726 is amended by adding paragraph (jj) to read as 
follows:


Sec.  52.726  Control strategy: Ozone.

* * * * *
    (jj) Determination of Attainment. EPA has determined, as of June 9, 
2011, that the St. Louis (MO-IL) metropolitan 1997 8-hour ozone 
nonattainment area has attained the 1997 8-hour ozone NAAQS. This 
determination, in accordance with 40 CFR 51.918, suspends the 
requirements for this area to submit an attainment demonstration, 
associated reasonably available control measures, reasonable further 
progress, contingency measures, and other plan elements related to 
attainment of the standards for as long as the area continues to meet 
the 1997 Ozone NAAQS.

Subpart AA--Missouri

    2. Section 52.1342 is added to subpart AA to read as follows:


Sec.  52.1342  Control strategy: Ozone.

    Determination of Attainment. EPA has determined, as of June 9, 
2011, that the St. Louis (MO-IL) metropolitan 1997 8-hour ozone 
nonattainment area has attained the 1997 8-hour ozone NAAQS. This 
determination, in accordance with 40 CFR 51.918, suspends the 
requirements for this area to submit an attainment demonstration, 
associated reasonably available control measures, reasonable further 
progress, contingency measures, and other plan elements related to 
attainment of the standards for as long as the area continues to meet 
the 1997 Ozone NAAQS.

[FR Doc. 2011-14296 Filed 6-8-11; 8:45 am]
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