[Federal Register Volume 76, Number 140 (Thursday, July 21, 2011)]
[Rules and Regulations]
[Pages 43598-43601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18176]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2011-0451; FRL-9440-9]


Approval and Promulgation of Air Quality Plans: State of Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving an April 20, 2011, request from the State of 
Missouri to exempt sources of Nitrogen Oxides (NOX) in the 
Missouri portion of the St. Louis (MO-IL) metropolitan 8-hour ozone 
nonattainment area from the Clean Air Act (CAA) requirements for 
NOX Reasonably Available Control Technology (RACT) for 
purposes of attaining the 1997 8-hour ozone National Ambient Air 
Quality Standard (NAAQS). The Missouri NOX RACT waiver 
request for its portion of the St. Louis metropolitan 8-hour ozone 
nonattainment area is based on the most recent three years of complete, 
quality-assured ozone monitoring data, which demonstrate that 
additional reductions of NOX emissions in the Area would not 
contribute to attainment of the 1997 8-hour ozone NAAQS.

DATES: This direct final rule will be effective September 19, 2011 
without further notice unless EPA receives adverse comments by August 
22, 2011. If adverse comments are 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-2011-0451, 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, Air Planning and 
Development Branch, U.S. Environmental Protection Agency, 901 North 5th 
Street, Kansas City, Kansas 66101.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2011-0451. 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. 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

[[Page 43599]]

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. The Regional Office's official hours of business are 
Monday through Friday, 8 to 4:30 excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lachala Kemp, Air Planning and 
Development Branch, U.S. Environmental Protection Agency, Region 7, 901 
N. 5th Street, Kansas City, Kansas 66101 at 913-551-7214, 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. State Petition
III. EPA Review of the Petition
    A. Has this ozone nonattainment area attained the 1997 8-hour 
ozone NAAQS?
    B. EPA's Analysis of Missouri's NOX RACT Waiver 
Petition
IV. What is the effect of this action?
V. EPA's Action
VI. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is approving an April 20, 2011, request from the State of 
Missouri to exempt sources of NOX in the Missouri portion of 
the St. Louis (MO-IL) metropolitan 8-hour ozone nonattainment area from 
the CAA requirements for NOX RACT for purposes of attaining 
the 1997 8-hour ozone NAAQS.\1\ The St. Louis (MO-IL) metropolitan 8-
hour ozone nonattainment (hereafter referred to as the ``St. Louis 
Area'' or ``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. The 
State's NOX RACT waiver request is based on the most recent 
three years of complete, quality-assured ozone monitoring data, which 
demonstrate that additional reduction of NOX emissions in 
the Missouri portion of the St. Louis ozone nonattainment area would 
not contribute to attainment of the 1997 8-hour ozone NAAQS in this 
ozone nonattainment areas. See 76 FR 33647 (June 9, 2011) for more 
information about this monitoring data.
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    \1\ EPA previously approved Missouri's NOX RACT rules 
submitted to meet its obligations under the 1-hour ozone standard. 
See, 65 FR 31482, May 18, 2000. Today's action does not affect these 
State Implementation Plan (SIP)-approved rules, which remain in 
effect. This action relates only to Missouri's obligations with 
respect to NOX RACT related to the 1997 8-hour ozone 
standard.
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    EPA is publishing this rule without prior proposal because we view 
this as a noncontroversial action and anticipate no relevant adverse 
comments. EPA notes that the technical basis for this rule was its 
previous final determination on June 9, 2011 (76 FR 33647) that the St. 
Louis (MO-IL) metropolitan 1997 8-hour ozone nonattainment area has 
attained the 1997 8-hour ozone NAAQS. EPA received no comments during 
that particular rulemaking. However, in the proposed rules section of 
this Federal Register publication, we are publishing a separate 
document that will serve as the proposal to approve the SIP revision if 
relevant adverse comments are received. This rule will be effective on 
September 19, 2011 without further notice unless EPA receives adverse 
comments by August 22, 2011. If we receive relevant adverse comments, 
we will publish a timely withdrawal in the Federal Register informing 
the public that the rule will not take effect. We will address all 
public comments in a subsequent final rule based on the proposed rule. 
We will not institute a second comment period on this action. Any 
parties interested in commenting must do so now. Please note that if we 
receive adverse comment on an amendment, paragraph, or section of this 
rule and if that provision may be severed from the remainder of the 
rule, we may adopt as final those provisions of the rule that are not 
the subject of an adverse comment.

II. State Petition

    On April 20, 2011, Missouri Department of Natural Resources (MDNR) 
submitted a request for a NOX RACT waiver for the St. Louis 
metropolitan ozone nonattainment area. This NOX RACT waiver 
was requested for the 1997 8-hour ozone NAAQS. MDNR based its 
NOX RACT waiver request on quality-assured ozone air quality 
data for 2008-2010, which demonstrate that the 1997 8-hour ozone NAAQS 
has been attained in the St. Louis (MO-IL) metropolitan area without 
the implementation of additional NOX RACT controls in the 
Missouri portion of the area.

III. EPA Review of the Petition

A. Has this ozone nonattainment area attained the 1997 8-hour ozone 
NAAQS?

    An area may be considered in attainment with the 1997 8-hour ozone 
NAAQS if there are no violations of the NAAQS, as determined in 
accordance with 40 CFR 50.10 and appendix I, based on the most recent 
three years of complete, quality-assured air quality monitoring data. 
To attain this standard, the average of the annual fourth-highest daily 
maximum 8-hour average ozone concentrations are measured and recorded 
at each monitoring site over the most recent 3-year period (the 
monitoring site's ozone design value) must not exceed the ozone 
standard. Based on an ozone data rounding convention described in 40 
CFR part 50, appendix I, the 1997 8-hour ozone standard is attained if 
the area's ozone design value is 0.084 parts per million (ppm) or less. 
The data must be collected and quality-assured in accordance with 40 
CFR part 58, and must be recorded in EPA's Air Quality System. The 
monitoring network collecting the data must meet the applicable 
requirements of 40 CFR part 58. The data supporting attainment of the 
standard must meet the minimum data completeness requirements in 40 CFR 
part 50, appendix I.
    The monitors and design values are displayed in Table 1. The table 
summarizes the annual fourth-highest daily maximum 8-hour ozone 
concentrations and their 3-year (2008-2010) averages for all monitors 
in the St. Louis (MO-IL) metropolitan area. These data reflect peak 
ozone concentrations quality assured and reported by the States of 
Illinois and Missouri.

[[Page 43600]]



           Table 1--Annual Fourth-Highest 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  high  2009 4th  high  2010 4th  high     2008-2010
               State                         County                    Monitor                 (ppm)           (ppm)           (ppm)      average  (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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    Review of the 2008-2010 ozone concentrations and site-specific 
ozone design values (3-year averages) shows that all of the monitoring 
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, the 1997 8-hour ozone standard has been 
attained in the area. Review of preliminary data from the 2011 ozone 
season indicates that the area continues to attain the 8-hour ozone 
NAAQS. See 76 FR 33647.\2\
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    \2\ In today's action, EPA is not reopening its final 
determination of attainment described in the June 9, 2011 final 
rule, but is merely explaining the technical basis for our 
conclusion that a NOX emission control exemption is 
appropriate for the area based on the area's attainment of the ozone 
NAAQS.
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B. EPA's Analysis of Missouri's NOX RACT Waiver Petition

    EPA's guidance document, ``Guidance on Limiting Nitrogen Oxides 
(NOX) Requirements Related to 8-Hour Ozone Implementation,'' 
sets forth the criteria for demonstrating that further NOX 
emission reductions in an ozone nonattainment area will not contribute 
to ozone NAAQS attainment.\3\ The guidance provides that three 
consecutive years of monitoring data documenting ozone levels attaining 
the ozone NAAQS in areas in which a state has not implemented certain 
NOX emission controls is adequate to demonstrate that the 
additional NOX emission reductions will not aid in achieving 
attainment of the ozone NAAQS. As described in the guidance document, 
approval of the NOX emission control exemption is granted by 
EPA on a contingent basis. The NOX emission control 
exemption continues only as long as the state's monitoring data 
continues to demonstrate attainment of the ozone NAAQS.\4\ If, prior to 
redesignation of the area to attainment of the ozone NAAQS, the area 
violates the 1997 8-hour ozone NAAQS, as defined at 40 CFR 50.10 and 
appendix I, EPA will undertake rulemaking to withdraw the 
NOX emission control exemption, and the area would once 
again be subject to the NOX emission control requirements 
under section 182(f) of the CAA.\5\
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    \3\ Steven D. Page, Director, Office of Air Quality Planning and 
Standards, ``Guidance on Limiting Nitrogen Oxides (NOX) 
Requirements Related to 8-Hour Ozone Implementation,'' Memorandum to 
EPA Air Directors, Regions I-X, January 14, 2005 (found at: http://www.epa.gov/ttn/oarpg/t1/memoranda/guide8hr-oz.pdf).
    \4\ Id. at 21.
    \5\ Id. at 21-22.
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    EPA's review of the ozone monitoring data and Missouri's 
NOX emission control exemption request shows that Missouri 
has complied with the requirements for a NOX RACT exemption 
in the State's 8-hour ozone nonattainment area under section 182(f) of 
the CAA consistent with the guidelines contained in EPA's January 14, 
2005, guidance document. Therefore, EPA has determined that the State 
of Missouri qualifies for exemption from the NOX RACT 
requirements for the Missouri portion of the St. Louis (MO-IL) 
metropolitan ozone nonattainment area for the purposes of attaining the 
1997 8-hour ozone NAAQS.

IV. What is the effect of this action?

    The section 182(f) NOX RACT exemption is based on a 
finding by EPA that additional reductions of NOX would not 
contribute to attainment of the 1997 8-hour ozone NAAQS in the St. 
Louis (MO-IL) metropolitan nonattainment area. The Area has three 
consecutive years of ozone levels attaining the ozone standard, and 
preliminary 2011 ozone data show that the 1997 8-hour ozone standard 
continues to be attained in the area.
    While EPA is waiving the requirements to control NOX 
emissions through additional NOX RACT controls in the 
Missouri portion of the St. Louis nonattaiment area, EPA recognizes 
that there are other benefits to controlling NOX emissions. 
These benefits include reducing acid deposition, reducing nitrogen 
deposition in sensitive wetlands, estuaries, and their watersheds, and 
mitigating ozone transport to downwind ozone nonattainment areas. 
Missouri will continue to be required to control NOX 
emissions from certain NOX sources under other CAA programs, 
such as the Acid Rain program in title IV of the CAA, for purposes of 
achieving these environmental benefits. This NOX RACT waiver 
will not affect other existing and pending NOX emission 
control requirements for Missouri that are needed to achieve these 
environmental benefits. In addition, as noted above, this action does 
not affect the NOX RACT controls in the St. Louis area 
previously approved by EPA relating to the 1-hour ozone standard.
    In addition, EPA notes that an approval of this waiver request is 
solely for purposes of the CAA requirements to meet the 1997 8-hour 
ozone NAAQS. The waiver would not apply for purposes of the ozone NAAQS 
promulgated in 2008 (March 27, 2008, 73 FR 16435) or for purposes of 
any future ozone NAAQS EPA may promulgate. To the extent that section 
182(f) may apply to the St. Louis area for purposes of the 2008 or any 
future ozone NAAQS, the State would need to submit a NOX 
RACT SIP or would need to demonstrate that a waiver is appropriate for 
purposes of that different ozone NAAQS.

V. EPA's Action

    EPA is approving Missouri's request to exempt the Missouri portion 
of the St. Louis 8-hour ozone nonattainment area

[[Page 43601]]

from the section 182(f) NOX RACT requirement. This approval 
is based on EPA's review of the data showing that the requirements of 
section 182(f)(1)(A), as elaborated upon in EPA's guidance for section 
182(f) exemptions, have been met for the St. Louis (MO-IL) metropolitan 
ozone nonattainment area. If EPA subsequently determines through 
notice-and-comment rulemaking that the Area has violated the 1997 8-
hour ozone standard, the basis for this exemption would no longer 
exist, and the area would thereafter have to address the pertinent 
requirements.

VI. Statutory and Executive Order Reviews

    In reviewing a request from the State to exempt sources of 
NOX in the Missouri portion of the St. Louis (MO-IL) 
metropolitan 8-hour ozone nonattainment area from the CAA requirements 
for NOX RACT for purposes of attaining the 1997 8-hour ozone 
NAAQS, EPA's role is to approve state choices, provided they meet the 
criteria of the CAA. Accordingly, this action does not impose 
additional requirements beyond those imposed by state law. Therefore, 
this 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 CAA; 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 exemption 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.
    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 in 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 March 16, 2009. 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).)

List of Subjects in 40 CFR Part 52

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

    Dated: July 12, 2011.
Karl Brooks,
Regional Administrator, Region 7.

    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 AA--Missouri

0
2. Section 52.1342 is revised to read as follows:


Sec.  52.1342   Control strategy: Ozone.

    (a) 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.
    (b) Approval. EPA is approving an April 20, 2011, request from the 
State of Missouri for a waiver from the Clean Air Act requirement for 
Oxides of Nitrogen (NOX) Reasonably Available Control 
Technology (RACT) in the Missouri portion of the St. Louis (MO-IL) 
metropolitan 8-hour ozone nonattainment area for purposes of attaining 
the 1997 8-hour ozone National Ambient Air Quality Standard.

[FR Doc. 2011-18176 Filed 7-20-11; 8:45 am]
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