[Federal Register Volume 80, Number 159 (Tuesday, August 18, 2015)]
[Rules and Regulations]
[Pages 49913-49917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20249]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2014-0602; FRL-9932-39-Region 7]


Approval and Promulgation of Implementation Plans; State of 
Missouri, Controlling Emissions During Episodes of High Air Pollution 
Potential

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a revision to the State Implementation Plan (SIP) 
submitted by the State of Missouri and received by EPA on December 17, 
2013, pertaining to Missouri's regulation ``Controlling Emissions 
During Episodes of High Air Pollution Potential.'' This regulation 
specifies conditions that establish air pollution alerts and emergency 
alert levels, and associated procedures and emission reduction 
objectives statewide. This action revises the SIP by amending an 
existing table in the regulation, clarifying requirements of the 
regulation related to emission reduction plans and other provisions, 
and makes administrative and format changes, all consistent with 
Federal regulations.

DATES: This final rule is effective on September 17, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2014-0602. 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, 11201 Renner Boulevard, 
Lenexa, Kansas 66219. The Regional Office's official hours of business 
are Monday through Friday, 8:00 a.m. to 4:30 p.m., 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: Amy Bhesania, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219 at 913-551-7147, or by email at 
[email protected].

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

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. EPA's Response to Comments
IV. What action is EPA taking?

I. What is being addressed in this document?

    EPA is taking final action to approve a revision to the Missouri 
SIP received by EPA on December 17, 2013, pertaining to Missouri 
regulation 10 CSR 10-6.130, ``Controlling Emissions During Episodes of 
High Air Pollution Potential.'' This regulation specifies conditions 
that establish air pollution alerts and emergency alert levels, and 
associated procedures and emission reduction objectives statewide. This 
action revises the SIP by amending an existing table in the regulation, 
clarifying requirements of the regulation related to emission reduction 
plans and other provisions, and makes administrative and format changes 
all consistent with Federal regulations. EPA proposed approval of this 
rule on November 4, 2014 at 79 FR 65362.
    Specifically, in subsection (1)(A), the regulation is being revised 
to clarify the applicability of the regulation to all sources and 
premises throughout the entire state with emissions of sulfur dioxide 
(SO2), carbon monoxide (CO), ozone (O3), nitrogen 
dioxide (NO2) or Particulate Matter--10 Micron 
(PM10) and 2.5 Micron (PM2.5) that contribute to 
the air quality levels in the state. This clarification is consistent 
with federal regulations regarding prevention of air pollution 
emergency episodes found in 40 CFR part 51, subpart H.
    In addition, specific terms in this regulation that were previously 
defined in section (2) have now been removed and placed in Missouri 
regulation 10 CSR 10-6.020, ``Definitions and Common Reference 
Tables.''
    In section (3) of the regulation, table A is being amended to 
remove the specific breakpoint values for each relevant pollutant but 
retains the Air Quality Index (AQI) range values and categories for 
each pollutant. Because the AQI breakpoint values are updated each time 
a National Ambient Air Quality Standard (NAAQS) is revised, removing 
these values from the table eliminates unnecessary updates to this

[[Page 49914]]

table. The AQI breakpoint values are established when EPA takes final 
action to revise a NAAQS. In subparagraph (3)(A)2., Missouri identifies 
that these breakpoint values are codified in 40 CFR part 58, appendix G 
and therefore applicable to this state regulation Missouri's SIP 
approved regulation 10 CSR 10-6.010, Ambient Air Quality Standards, 
adopts EPA's most recent air quality standards and thus associated AQI 
breakpoint values. Therefore there is no need for this regulation being 
amended as part of today's action, to also contain these breakpoint 
values. This revision to the regulation does not alter any provisions 
or applicability of the regulation.
    The conditions that are listed for alert level categories are being 
moved from a narrative outline format into a table format in subsection 
(3)(B), table B, to provide more clarity regarding the specific 
applicable conditions. The requirement for an air stagnation advisory 
to be in effect in order to trigger an alert has been removed from all 
alert level categories thus, the conditions that are required to 
establish an alert are more easily triggered.
    The procedures established for addressing alert level conditions 
are being moved from a narrative outline into a table format in 
subsection (3)(C), table C, to provide clarity on applicable 
procedures. The alert level procedures associated with an orange alert 
which are currently listed in the regulation have been removed. These 
orange alert procedures were inadvertently retained when the state 
revised their regulation in 2002 to be consistent with revised Federal 
regulations by updating the formally called Pollution Standards Index 
(PSI) to the AQI standards and procedures as codified in 40 CFR part 
58, appendix G. EPA took action to approve Missouri's SIP revision on 
March 18, 2003 (68 FR 12829). Establishing orange alert procedures are 
not a Federal requirement. Today's action amends the SIP to correct 
this error. This action does not alter the stringency of the 
regulation.
    Additional clarity is being added to section (4) of the regulation 
addressing reporting and recordkeeping requirements. The alert plan 
requirements that are outlined in section (3) of the regulation are 
being moved to a table format, tables D, E, and F. These tables retain 
the same objectives as previously contained in the regulation, only 
modified in format and moved to section (4) of the regulation with the 
exception of one red alert procedure. The red alert procedure which 
previously outlined provisions for the director to request all 
entertainment functions and facilities be closed has been removed from 
the regulation. This procedure is not a requirement of Federal 
regulations for red alert procedures, and therefore remains consistent 
with Federal requirements. This does not alter the stringency of the 
regulation. This procedure remains applicable for maroon level 
procedures.

II. Have the requirements for approval of a SIP revision been met?

    The state submission has met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. The submission also 
satisfied the completeness criteria of 40 CFR part 51, appendix V. In 
addition, as explained above, the revision meets the substantive SIP 
requirements of the Clean Air Act (CAA), including section 110 and 
implementing regulations. These modifications will not adversely affect 
air quality and will not relax the SIP.

III. EPA's Response to Comments

    The public comment period on EPA's proposed regulation opened 
November 4, 2014, the date of its publication in the Federal Register, 
and closed on December 4, 2014 (79 FR 65362). During this period, EPA 
received two comment letters. The first letter is in support of EPA's 
action and therefore no response to the comment is necessary. The 
comments included in the second letter are addressed below.
    Comment 1: The commenter expressed overall agreement with EPA 
actions, however requests EPA to ``clarify certain aspects of the 
emergency episode program as well as the Air Quality Index (AQI) values 
derived from the significant harm levels (SHLs) for the 
PM2.5 NAAQS.''
    Response 1: Because this comment is not directly related to EPA's 
proposed action on November 4, 2014, no changes will be made in 
response to this comment. In this action, EPA is evaluating specific 
revisions to the existing SIP in Missouri. EPA is not addressing other 
Federal regulations that govern issues such as the AQI or SHLs for 
PM2.5. EPA provides the following background and references 
as guidance to address the commenter's request to clarify certain 
aspects of the emergency episode program.
    EPA promulgated regulations for emergency episodes in 40 CFR part 
51, subpart H (51.150 through 51.153). The regulations address the 
following:
     51.150--how regions are classified for sulfur oxides 
(SOX), PM, carbon monoxide (CO), nitrogen dioxide 
(NO2), and ozone;
     51.151--the requirement for a contingency plan for any 
region classified as Priority I to prevent air pollution levels from 
reaching the significant harm levels (SHLs) established therein;
     51.152--the specific content requirements for a 
contingency plan; a requirement that regions classified as Priority IA 
or II have a contingency plan that addresses a subset of those content 
requirements; a provision that regions ``classified Priority III do not 
need to develop episode plans;'' and an exemption mechanism for the 
Administrator; and
     51.153--how states should review the classification of 
regions using the most recent three years of data; and a requirement to 
revise emergency episode plans if a higher classification is warranted 
by the recent air pollution levels.

EPA has issued several memoranda that provide guidance on emergency 
episode planning to meet the requirements of section 110(a)(2)(G), 
including the 2007 Infrastructure SIP Guidance for the 1997 ozone and 
1997 fine particulate matter (PM2.5) NAAQS,\1\ the 2009 
Infrastructure SIP Guidance for the 2006 PM2.5 NAAQS,\2\ the 
2011 Infrastructure SIP Guidance for the 2008 lead (Pb) NAAQS,\3\ and 
the 2013 Infrastructure SIP Guidance for the 2008 ozone, 2010 
NO2, 2010 sulfur dioxide (SO2), and all future 
NAAQS. The latter represents EPA's most recent guidance.\4\
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    \1\ ``Guidance on SIP Elements Required Under Sections 110(a)(1) 
and (2) for the 1997 8-hour Ozone and PM2.5 National 
Ambient Air Quality Standards,'' William T. Harnett, Director, EPA's 
Air Quality Policy Division, October 2, 2007. http://www.epa.gov/ttn/oarpg/t1/memoranda/110a_sip_guid_fin100207.pdf.
    \2\ ``Guidance on SIP Elements Required Under Sections 110(a)(1) 
and (2) for the 2006 24-hour Fine Particle (PM2.5) 
National Ambient Air Quality Standards,'' William T. Harnett, 
Director, EPA's Air Quality Policy Division, September 25, 2009. 
http://www.epa.gov/ttn/caaa/t1/memoranda/20090925_harnett_pm25_sip_110a12.pdf.
    \3\ ``Guidance on SIP Elements Required Under Sections 110(a)(1) 
and (2) for the 2008 Lead (Pb) National Ambient Air Quality 
Standards,'' Stephen D. Page, Director, EPA's Office of Air Quality 
Planning and Standards, October 14, 2011. http://www.epa.gov/air/lead/pdfs/20111014infrastructure.pdf.
    \4\ ``Guidance on Infrastructure SIP Elements under Clean Air 
Act Sections 110(a)(1) and 110(a)(2),'' Stephen D. Page, Director, 
EPA's Office of Air Quality Planning and Standards, September 13, 
2013. http://www.epa.gov/oar/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf.
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    Comment 2: The commenter also stated that EPA incorrectly stated in 
its November 4, 2014, proposed action that Missouri's regulations are 
``consistent'' with Federal regulations that meet the breakpoint values 
in subpart H.

[[Page 49915]]

    Response 2: When stating the state's action was `consistent' with 
federal regulations, EPA was specifically referring to the Missouri 
revision in subsection (1)(A) of the regulation which was revised to 
clarify the applicability of the regulation to all sources and premises 
through the entire state. EPA believes that this specific revision to 
subsection (1)(A) of the regulation is in fact consistent with subpart 
H of 40 CFR part 51. This subsection of Missouri's regulation does not 
relate to the AQI table as the commenter suggests.
    Comment 3: The commenter implied that Missouri was removing SHLs 
from their regulation and was instead relying on AQI breakpoint values 
to determine the levels at which emergency episodes occur.
    Response 3: Missouri's regulations do not specifically include SHL 
values, and therefore EPA is not taking action to remove SHLs. In 
addition, for identified priority areas in Missouri, the state is not 
changing these classifications or supplanting these priority levels 
with the AQI.
    Comment 4: The commenter stated that AQI breakpoint values are not 
updated each time the National Ambient Air Quality Standards (NAAQS) 
are revised.
    Response 4: The January 15, 2013, final rule for the 
PM2.5 standards updated the AQI breakpoint values for 
PM2.5. See 78 FR 3086. This is consistent with past EPA 
actions.
    Comment 5: The fifth and sixth paragraphs of the commenter's letter 
expresses concern about EPA's historical actions related to the 
emergency episode program and that EPA has not determined a SHL (and 
thus AQI breakpoint values) specifically for PM2.5.
    Response 5: Because this comment is not related to EPA's proposed 
action on November 4, 2014, no changes will be made to EPA's action in 
response to this comment. Further, because EPA is not taking action to 
address or revise any SHL in Missouri's regulation, no changes will be 
made to EPA's action in response to this aspect of the comment. See 
response to comment 1 above for further information on EPA's historical 
actions related to the emergency episode program. In addition, while 
the regulations in 40 CFR part 51, subpart H do not address 
PM2.5 specifically and do not identify a significant harm 
level or priority classification levels for PM2.5, the EPA 
has recommended to states, through the September 25, 2009 guidance, 
which remains in effect, that states only need to develop contingency 
plans for any area that has a monitored and recorded 24-hour 
PM2.5 levels greater than 140.4 [micro]g/m\3\ since 2006. 
The EPA has evaluated PM2.5 regulatory monitoring data in 
Missouri since 2006 and have confirmed that no values greater than 
140.4 [micro]g/m\3\ have been recorded. Accordingly, EPA believes that 
there are no areas in Missouri for which a contingency plan is required 
at this time. If there were an area for which such a contingency plan 
were necessary, however, EPA's 2013 infrastructure SIP guidance states, 
``the EPA believes that the central components of a contingency plan 
would be to reduce emissions from the source(s) at issue (if necessary 
by curtailing operations of . . . PM2.5 sources) and public 
communication as needed.'' Thus, the absence of a significant harm 
level and classification levels for PM2.5 are not relevant, 
if Missouri were required to develop a contingency plan for purposes of 
PM2.5, which it is not at this time. However, EPA notes that 
the state regulation is applicable to ``all emissions'' including 
PM2.5 and therefore the provisions of the state regulation 
apply to PM2.5 as well.
    Comment 6: The commenter requests clarification regarding the 
``placeholder'' AQI levels and SHLs for PM2.5 remain 
appropriate for the nation and for Missouri.
    Response 6: EPA has previously approved Missouri's emergency 
episode plan as meeting the requirements of CAA section 110(a)(2)(G), 
See 78 FR 37457. For a detailed rationale on EPA's analysis of how 
Missouri meets these requirements, see EPA's proposed action on April 
10, 2013 (78 FR 21281).
    In response to the commenter's broader concern of the 
appropriateness of the AQI levels in relation to SHLs for 
PM2.5, EPA directs the commenter to EPA's February 2007 
issue paper on revising the AQI and setting a SHLs for PM2.5 
as previously referenced in comment 1.
    Comment 7: The commenter stated that, ``EPA should not approve 
state regulations that are merely `consistent with' federal regulations 
when EPA clearly set out `placeholder' values and not real values that 
would protect the public health and welfare.''
    Response 7: Because this comment is not related to EPA's action on 
November 4, 2014, no changes will be made in response to this comment. 
EPA directs the commenter to EPA's February 2007 issue paper on 
revising the AQI and setting a SHL for PM2.5 as previously 
referenced in comment 1.
    Comment 8: The commenter requested that EPA should explain why it 
has not revised the SHLs for PM2.5 in 15 years.
    Response 8: Because this comment is not related to EPA's action on 
November 4, 2014, no changes will be made in response to this comment. 
EPA directs the commenter to response number 1 and 5 above for further 
explanation of historical actions on EPA's emergency episode planning 
requirements and guidance.

IV. What action is EPA taking?

    Upon review and consideration of comments received, EPA is taking 
final action to revise the Missouri SIP pertaining to Missouri 
regulation 10 CSR 10-6.130, ``Controlling Emissions During Episodes of 
High Air Pollution Potential.'' Based upon review of the state's SIP 
revision and relevant requirements of the CAA, EPA believes that this 
revision meets applicable requirements and does not adversely impact 
air quality in Missouri.

Statutory and Executive Order Reviews

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the Missouri 
Code of State Regulations described in the amendments to 40 CFR part 52 
set forth below. EPA has made, and will continue to make, these 
documents generally available electronically through 
www.regulations.gov and/or in hard copy at the appropriate EPA office 
(see the ADDRESSES section of this preamble for more information).
    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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.);

[[Page 49916]]

     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).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications and will not impose substantial direct 
costs on tribal governments or preempt tribal law as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000).
    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).
    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 October 19, 2015. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: August 4, 2015.
Mark Hague,
Acting Regional Administrator, Region 7.
    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart AA--Missouri

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2. In Sec.  52.1320 the table in paragraph (c) is amended by revising 
the entry for 10-6.130 as follows:


Sec.  52.1320  Identification of plan.

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    (c)* * *

                                        EPA-Approved Missouri Regulations
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                                                       State
       Missouri citation               Title         effective   EPA approval date           Explanation
                                                        date
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                                    Missouri Department of Natural Resources
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    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
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                                                  * * * * * * *
10-6.130.......................  Controlling           12/30/13  8/18/15, [Insert   ............................
                                  Emissions During                Federal Register
                                  Episodes of High                citation].
                                  Air Pollution
                                  Potential.
 
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[FR Doc. 2015-20249 Filed 8-17-15; 8:45 am]
 BILLING CODE 6560-50-P