[Federal Register Volume 77, Number 124 (Wednesday, June 27, 2012)]
[Rules and Regulations]
[Pages 38183-38185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15573]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2011-0627; FRL-9692-8]


Approval and Promulgation of Implementation Plans and 
Designations of Areas for Air Quality Planning Purposes; Missouri and 
Illinois; St. Louis Nonattainment Area; Determination of Attainment by 
Applicable Attainment Date for the 1997 Annual Fine Particulate 
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is determining, pursuant to the Clean Air Act (CAA), that 
the bi-state St. Louis, Missouri-Illinois, fine particulate 
(PM2.5) nonattainment area (hereafter referred to as ``the 
St. Louis area'' or ``the area'') has attained the 1997 annual 
PM2.5 national ambient air quality standards (NAAQS) by its 
applicable attainment date of April 5, 2010. This determination is 
based on quality-assured and certified monitoring data for the 2007-
2009 monitoring period. Based on this data, EPA previously determined 
on May 23, 2011, that the area attained the 1997 standards, and EPA 
suspended certain planning requirements for the area based on that 
determination. EPA is now finding that the St. Louis area attained the 
1997 annual PM2.5 NAAQS by its applicable attainment date. 
EPA is finalizing this action because it is consistent with the CAA and 
its implementing regulations.

DATES: This rule is effective on July 27, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2011-0627. All documents in the electronic docket are 
listed in the 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 
www.regulations.gov or in hard copy at the Atmospheric Section, Air 
Planning and Development Branch, Air Waste and Management Division, 
U.S. Environmental Protection Agency, Region 7, 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, 8:30 a.m. to 4:30 p.m., 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: In Region 7, Steven Brown, Atmospheric 
Programs Section, Air Planning and Development Branch, Air and Waste 
Management Division, U.S. Environmental Protection Agency, Region 7, 
901 North 5th Street, Kansas City, Kansas 66101. Steven Brown may be 
reached by telephone at (913) 551-7718 or via electronic mail at 
[email protected]. In Region 5, John Summerhays, Attainment Planning 
and Maintenance Section, Air Programs Branch (AR 18J), U.S. 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604. The telephone number is (312) 886-6067. Mr. 
Summerhays can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. What action is EPA taking?
II. What is the effect of this action?
III. What is the final action?
IV. Statutory and Executive Order Reviews

I. What action is EPA taking?

    Based on EPA's review of the quality-assured and certified 
monitoring data for 2007-2009, and in accordance with section 179(c)(1) 
of the CAA, EPA is determining that the St. Louis area attained the 
1997 annual PM2.5 NAAQS

[[Page 38184]]

by the applicable attainment date of April 5, 2010. The St. Louis area 
is comprised of Jefferson County, Franklin County, St. Louis County, 
St. Louis City, and St. Charles in Missouri, and Madison, Monroe and 
St. Clair Counties, and Baldwin Township in Randolph County in 
Illinois. On May 23, 2011, EPA published a final rulemaking making a 
determination that the St. Louis area attained the 1997 annual 
PM2.5 NAAQS based on quality-assured, quality controlled and 
certified ambient air monitoring data for the 2007-2009 monitoring 
period and thereby suspended the requirements for the St. Louis area to 
submit an attainment demonstration and associated reasonably available 
control measures (RACM), a reasonable further progress (RFP) plan, 
contingency measures, and other planning State Implementation Plan 
(SIP) revisions related to attainment of the 1997 annual 
PM2.5 NAAQS so long as the area continues to attain the 1997 
Annual PM2.5 NAAQS. See 76 FR 29652. Further information 
regarding that action is available in the notice proposing that action, 
published on March 7, 2011, at 76 FR 12302.
    Today's final action merely makes a determination that the St. 
Louis area attained the 1997 annual PM2.5 NAAQS by its 
applicable attainment date. This action does not revisit the prior 
attainment determination or reconsider the suspension of the 
requirements for the St. Louis area to submit an attainment 
demonstration and associated RACM, an RFP plan, contingency measures, 
and other planning SIP revisions related to attainment of the standard. 
More information regarding the 1997 annual PM2.5 NAAQS and 
the area's attainment of that NAAQS is available at 76 FR 29652 (May 
23, 2011). A detailed discussion of EPA's review of the monitoring data 
showing attainment of the standard can be found in the March 7, 2011 
proposed action and the May 23, 2011 final action.
    Other specific requirements of the determination and the rationale 
for EPA's action today are explained in the Notice of Proposed 
Rulemaking (NPR) published on December 20, 2011 (76 FR 78869). The 
comment period closed on January 19, 2012. No comments were received in 
response to the NPR.

II. What is the effect of this action?

    Today's action is a determination that the St. Louis area attained 
the 1997 annual PM2.5 NAAQS by its applicable attainment 
date of April 5, 2010, consistent with CAA section 179(c)(1). 
Finalizing this action does not constitute a redesignation of the St. 
Louis area to attainment of the 1997 annual PM2.5 NAAQS 
under section 107(d)(3) of the CAA. Further, finalizing this action 
does not involve approving maintenance plans for the St. Louis area as 
required under section 175A of the CAA, nor would it find that the St. 
Louis area has met all other requirements for redesignation. The 
designation status of the St. Louis area remains nonattainment for the 
1997 annual PM2.5 NAAQS until such time as EPA determines 
that the area meets the CAA requirements for redesignation to 
attainment and takes action to redesignate the area.

III. What is the final action?

    This action is a final determination, based on quality-assured and 
certified monitoring data for the 2007-2009 monitoring period, that the 
St. Louis area attained the annual PM2.5 NAAQS by its 
applicable attainment date of April 5, 2010. This action is being taken 
pursuant to section 179(c)(1) of the CAA and is consistent with the CAA 
and its implementing regulations.

IV. Statutory and Executive Order Reviews

    This final action merely makes a determination of the St. Louis 
area's attainment of the 1997 PM2.5 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 PM2.5 NAAQS based solely upon complete, quality-
assured, and certified ambient air quality data, as mandated by CAA 
section 179(c)(1). 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 rule determines that the St. Louis area 
attained the 1997 annual average PM2.5 NAAQS by its 
applicable attainment date does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIPs are not approved to apply in Indian country located in 
the states, 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.

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

    Dated: May 16, 2012.
Karl Brooks,
Regional Administrator, Region 7.
    Dated: June 15, 2012.
Susan Hedman,
Regional Administrator, Region 5.

    Therefore, 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.

0
2. Section 52.725(k) is revised to read as follows:


Sec.  52.725  Control Strategy: Particulates.

* * * * *
    (k) Determination of attainment. EPA has determined, as of May 23, 
2011, that the St. Louis (MO-IL) metropolitan 1997

[[Page 38185]]

PM2.5 nonattainment area has attained the 1997 
PM2.5 NAAQS. This determination, in accordance with 40 CFR 
51.1004(c), 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 PM2.5 NAAQS. In addition, 
based upon review of the air quality data for the 3-year period 2007 to 
2009, EPA has determined that the St. Louis (MO-IL) PM2.5 
nonattainment area has attained the 1997 PM2.5 NAAQS by the 
applicable attainment date of April 5, 2010.

0
3. Section 52.1341 is revised to read as follows:


Sec.  52.1341  Control strategy: Particulate.

    Determination of attainment. EPA has determined, as of May 23, 
2011, that the St. Louis (MO-IL) metropolitan 1997 PM2.5 
nonattainment area has attained the 1997 PM2.5 NAAQS. This 
determination, in accordance with 40 CFR 51.1004(c), 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 PM2.5 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) PM2.5 nonattainment area has attained the 1997 
PM2.5 NAAQS by the applicable attainment date of April 5, 
2010.

[FR Doc. 2012-15573 Filed 6-26-12; 8:45 am]
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