[Federal Register Volume 77, Number 83 (Monday, April 30, 2012)]
[Rules and Regulations]
[Pages 25363-25366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10207]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2012-0053; FRL-9666-2]


Approval and Promulgation of Implementation Plans and 
Designations of Areas for Air Quality Planning Purposes; Missouri and 
Illinois; St. Louis; Determination of Attainment by Applicable 
Attainment Date for the 1997 Ozone National Ambient Air Quality 
Standard (NAAQS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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[[Page 25364]]

SUMMARY: EPA is taking final action to determine, pursuant to the Clean 
Air Act (CAA), that the bi-state St. Louis (MO-IL) ozone nonattainment 
area (``St. Louis area'') attained the 1997 8-hour ozone National 
Ambient Air Quality Standards (NAAQS) by the applicable attainment date 
of June 15, 2010. This determination is based upon complete, quality-
assured, and certified ambient air quality data from the 2007-2009 
monitoring period which show that the St. Louis area has monitored 
attainment of the 1997 8-hour ozone NAAQS as of the applicable date.

DATES: Effective Date: This final rule will be effective May 30, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2012-0053. All documents in the docket are listed on 
the 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 
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 if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday, 8:00 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 email 
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, at (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 final action is EPA taking in this final rule?
II. What is the background for this final action?
III. What was the air quality in the St. Louis area for the 1997 8-
hour ozone NAAQS for the 2007-2009 monitoring period?
IV. EPA's Final Action
V. Statutory and Executive Order Reviews

I. What final action is EPA taking in this final rule?

    Pursuant to section 181(b)(2) of the CAA, EPA is taking final 
action to determine that the St. Louis area attained the 1997 8-hour 
ozone NAAQS by its applicable attainment date of June 15, 2010. The St. 
Louis area is composed of Jefferson County, Franklin County, St. Louis 
County, St. Louis City, and St. Charles County in Missouri, and 
Madison, Monroe, Jersey, and St. Clair Counties in Illinois. This 
determination is based upon complete, quality-assured and certified 
ambient air monitoring data from 2007-2009 which show that the St. 
Louis area monitored attainment of the 1997 8-hour ozone NAAQS as of 
its applicable attainment date.
    On February 2, 2012, EPA published in the Federal Register a 
proposed rulemaking to determine that the St. Louis area attained the 
1997 8-hour ozone NAAQS by its applicable attainment date of June 15, 
2010 (see 77 FR 5210). EPA did not receive any public comments on this 
proposal.

II. What is the background for this action?

    On July 18, 1997 (62 FR 38856), EPA promulgated an 8-hour ozone 
standard of 0.08 parts per million (ppm). On April 30, 2004 (69 FR 
23858), EPA published a final rule designating and classifying areas 
under the 8-hour ozone NAAQS. These designations and classifications 
became effective June 15, 2004. EPA designated as nonattainment any 
area that was violating the 8-hour ozone NAAQS based on the three most 
recent years of air quality data, 2001-2003. Under EPA's implementation 
rule for the 1997 8-hour ozone standard (69 FR 23951, April 30, 2004), 
an area was classified under subpart 2 of the CAA based on its 8-hour 
ozone design value (i.e. the three-year average annual fourth-highest 
daily maximum 8-hour average ozone concentration), if it had a 1-hour 
design value at the time of designation at or above 0.121 ppm. See 40 
CFR 51.902(a). All other nonattainment areas were covered under subpart 
1, based upon their 8-hour design values (69 FR 23958). The St. Louis 
area was classified as a subpart 2, 8-hour ozone moderate nonattainment 
area by EPA on April 30, 2004 (69 FR 23858, 23898 and 23915), based on 
the three most recent years of monitoring data (2001-2003), consistent 
with 40 CFR 51.903(a).
    As a moderate nonattainment area for the 1997 8-hour ozone NAAQS, 
the St. Louis (MO-IL) area had an applicable attainment date of June 
15, 2010, as required by 40 CFR 51.903(a) Table 1. Pursuant to section 
181(b)(2) of the CAA, EPA is required to make a determination as to 
whether the St. Louis area attained the standard as of its applicable 
attainment date. This final action is based on the area's design value 
as of the attainment date, which in turn is based on the three most 
recent years of air quality data (2007-2009) prior to the attainment 
date.

III. What was the air quality in the St. Louis area for the 1997 8-hour 
ozone NAAQS for the 2007-2009 monitoring period?

    Today's rulemaking assesses whether the St. Louis area attained the 
1997 8-hour ozone NAAQS by its applicable attainment date of June 15, 
2010. Under EPA regulations at 40 CFR 50.15, the 1997 8-hour primary 
and secondary ozone ambient air quality standards are met at an ambient 
air quality monitoring site when the 3-year average of the annual 
fourth-highest daily maximum 8-hour average ozone concentration is less 
than or equal to 0.08 ppm, as determined in accordance with 40 CFR part 
50, Appendix I. Based on the rounding convention set forth in section 
2.3 of Appendix I, the smallest value that is greater than 0.08 ppm is 
0.085 ppm.
    EPA has reviewed the ambient air monitoring data for the St. Louis 
area for the 1997 8-hour ozone NAAQS, consistent with requirements 
contained at 40 CFR Part 50. EPA's review focused primarily on data 
recorded in the EPA Air Quality System (AQS) database for the St. Louis 
area for 2007-2009.
    More detailed discussion of EPA's evaluation of the available 
monitoring data for the St. Louis area during the 2007-2009 monitoring 
period can be found in the proposal for this rulemaking (see 77 FR at 
5211). Based on its evaluation of complete quality assured and 
certified data from the relevant monitoring sites for the 2007-2009 
monitoring period, EPA has determined that the St. Louis area attained 
the 1997 8-hour ozone NAAQS by the June 15, 2010 attainment date. EPA 
did not receive any comments on the proposed determination during the 
public comment period on the proposal.
    Table 1 shows the 2007-2009 and 2008-2010 ozone design values for 
the St. Louis area monitors with complete, quality-assured and 
certified data for that period. All data values are expressed in ppm. 
As shown in Table 1, all of these monitors recorded ozone

[[Page 25365]]

design values less than 0.085 ppm for 2007-2009 and 2008-2010, with the 
highest value at any monitor in the area, 0.078 ppm, recorded at the 
West Alton monitor.

 Table 1--Annual Fourth-Highest Daily Maximum 8-Hour Ozone Concentrations and 3-Year Averages in ppm for the St. Louis Area Monitors With Complete Data
                                                              [(2007-2009) and (2008-2010)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                 2007-2009    2008-2010
                                                                                    2007  4th  2008  4th  2009  4th  2010  4th     Design       Design
             State                       County                    Monitor             High       High       High       High       Value        Value
                                                                                      (ppm)      (ppm)      (ppm)      (ppm)       (ppm)        (ppm)*
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Illinois......................  Jersey..................  Jerseyville.............      0.075      0.069      0.068      0.072        0.070        0.069
                                                          17-083-1001.............
                                Madison.................  Alton...................      0.081      0.068      0.067      0.080        0.072        0.071
                                                          17-119-0008.............
                                                          Maryville...............      0.087      0.070      0.074      0.074        0.077        0.072
                                                          17-119-1009.............
                                                          Wood River..............      0.086      0.067      0.066      0.070        0.073        0.067
                                                          17-119-3007.............
                                St. Clair...............  East St. Louis..........      0.077      0.064      0.069      0.072        0.070        0.068
                                                          17-163-0010.............
Missouri......................  St. Charles.............  West Alton..............      0.089      0.076      0.071      0.084        0.078        0.077
                                                          29-183-1002.............
                                                          Orchard Farm............      0.083      0.072      0.073      0.077        0.076        0.074
                                                          29-183-1004.............
                                St. Louis...............  Maryland Heights........      0.094      0.069      0.070      0.076        0.077        0.071
                                                          29-189-0014.............
                                                          Pacific.................      0.085      0.064      0.064      0.069        0.071        0.065
                                                          29-189-0005.............
                                St. Louis City..........  Blair Street............      0.087      0.073      0.065      0.071        0.075        0.069
                                                          29-510-0085.............
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* Although the determination here is whether the area attained the 1997 8-hour ozone NAAQS based on 2007-2009 data, the 2010 data shows that all
  monitors in the St. Louis area continued to attain the NAAQS in 2008-2010.

    Based on its evaluation of complete quality assured and certified 
data from the relevant monitoring sites for the 2007-2009 monitoring 
period, EPA has determined that the St. Louis area attained the 1997 8-
hour ozone NAAQS by the June 15, 2010 attainment date.

IV. EPA's Final Action

    In today's rulemaking, pursuant to CAA section 181(b)(2), EPA is 
taking final action to determine that the St. Louis area has attained 
the 1997 8-hour ozone NAAQS by its applicable attainment date of June 
15, 2010.

V. Statutory and Executive Order Reviews

    This final action merely makes a determination of the St. Louis 
area's attainment of the 1997 8-hour ozone NAAQS based upon complete, 
quality-assured, and certified ambient air quality data, pursuant to 
statutory mandate, and does not impose additional requirements beyond 
those imposed by state law. This final action makes a non-discretionary 
determination of the St. Louis area's attainment of the 1997 8-hour 
ozone NAAQS based solely upon complete, quality-assured, and certified 
ambient air quality data, as mandated by CAA section 181(b)(2)(A). For 
that reason, 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 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 final action does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the determination only affects the St. Louis area--which does 
not include Indian country--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

[[Page 25366]]

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 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 June 29, 2012. 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, Ozone, Reporting 
and recordkeeping requirements.

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

    Dated: April 4, 2012.
 Mark J. Hague,
Acting Regional Administrator, Region 7.
    Dated: April 18, 2012.
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
2. In Sec.  52.726, paragraph (kk) is added to read as follows:


Sec.  52.726  Control Strategy: Ozone.

* * * * *
    (kk) 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. In addition, based upon EPA's review of the air 
quality data for the 3-year period 2007 to 2009, the St. Louis (MO-IL) 
ozone nonattainment area has attained the 1997 8-hour ozone NAAQS by 
the applicable attainment date of June 15, 2010.

Subpart AA--Missouri

0
3. In Sec.  52.1342, paragraph (a) 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. In addition, based upon EPA's review of the air 
quality data for the 3-year period 2007 to 2009, the St. Louis (MO-IL) 
ozone nonattainment area has attained the 1997 8-hour ozone NAAQS by 
the applicable attainment date of June 15, 2010.
* * * * *

[FR Doc. 2012-10207 Filed 4-27-12; 8:45 am]
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