[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)]
[Rules and Regulations]
[Pages 50351-50353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17785]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0581; FRL-9949-68-Region 7]


Approval of Missouri's Air Quality Implementation Plans; Regional 
Haze State Implementation Plan Revision and 2013 Five-Year Progress 
Report

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve the Missouri State Implementation Plan (SIP) revision 
submitted to EPA by the State of Missouri on August 5, 2014, 
documenting that the State's existing plan is making adequate progress 
to achieve visibility goals by 2018. The Missouri SIP revision 
addressed the Regional Haze Rule (RHR) requirements under the Clean Air 
Act (CAA or Act) to submit a report describing progress in achieving 
reasonable progress goals (RPGs) to improve visibility in Federally 
designated areas in nearby states that may be affected by emissions 
from sources in Missouri. EPA is taking final action to approve 
Missouri's determination that the existing Regional Haze (RH) SIP is 
adequate to meet the visibility goals and requires no substantive 
revision at this time.

DATES: This final rule is effective August 31, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2015-0581. 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 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 Algoe-Eakin, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219 at 913-551-7942, 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. Background
II. Summary of SIP Revision
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On September 29, 2015, (80 FR 58410), EPA published a notice of 
proposed rulemaking (NPR) for the State of Missouri. In the NPR, EPA 
proposed approval of Missouri's progress report SIP, a report on 
progress made in the first implementation period towards RPGs for Class 
I areas that are affected by emissions from Missouri sources. This 
progress report SIP and accompanying cover letter also included a 
determination that Missouri's existing regional haze SIP requires no 
substantive revision to achieve the established regional haze 
visibility improvement and emissions reduction goals for 2018.
    States are required to submit a progress report in the form of a 
SIP revision every five years that evaluates progress towards the RPGs 
for each mandatory Class I Federal area within the state and in each 
mandatory Class I Federal area outside the state which may be affected 
by emissions from within the state. See 40 CFR 51.308(g). In addition, 
the provisions under 40 CFR 51.308(h) require states to submit, at the 
same time as the 40 CFR 51.308(g) progress report, a determination of 
the adequacy of the state's existing regional haze SIP. The first 
progress report SIP is due five years after submittal of the initial 
regional haze SIP. The Missouri Department of Natural Resources (MDNR) 
submitted its regional haze SIP on August 5, 2009, and a supplement on 
January 30, 2012, in accordance with 40 CFR 51.308(b).\1\
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    \1\ On June 26, 2012, EPA finalized a limited approval of 
Missouri's August 5, 2009, regional haze SIP to address the first 
implementation period for regional haze (77 FR 38007). In a separate 
action, published on June 7, 2012 (77 FR 33642), EPA finalized a 
limited disapproval of the Missouri regional haze SIP because of the 
State's reliance on the Clean Air Interstate Rule to meet certain 
regional haze requirements, which EPA replaced in August 2011 with 
the Cross-State Air Pollution Rule (CSAPR) (76 FR 48208 (Aug. 8, 
2011)). In the aforementioned June 7, 2012, action, EPA finalized a 
Federal Implementation Plan (FIP) for Missouri to replace the 
State's reliance on CAIR with reliance on CSAPR. Following these EPA 
actions, the D.C. Circuit issued a decision in EME Homer City 
Generation, L.P. v. EPA (``EME Homer City''), 696 F. 3d 7 (D.C. Cir. 
2012), vacating CSAPR and keeping CAIR in place pending the 
promulgation of a valid replacement rule. On April 29, 2014, the 
U.S. Supreme Court reversed the D.C. Circuit opinion vacating CSAPR, 
and remanded the case for further proceedings. EME Homer City, 572 
U.S. 134 S. Ct. 1584. In the interim, CAIR remained in place. On 
October 23, 2014, the D.C. Circuit granted EPA's motion to lift the 
stay on CSAPR. Order of October 23, 2014, in EME Homer City, D.C. 
Cir. No. 11-1302. EPA issued an interim final rule to clarify how 
EPA will implement CSAPR consistent with the D.C. Circuit's order. 
79 FR 71663 (December 3, 2014) (interim final rulemaking). 
Subsequent to the interim final rulemaking, EPA began implementation 
of CSAPR on January 1, 2015.
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    On February 14, 2014, MDNR provided to the Federal Land Managers a 
revision to Missouri's SIP reporting on progress made during the first 
implementation period toward RPGs for Class I areas in the state and 
Class I areas outside the state that are affected by Missouri sources. 
Missouri has two Class I areas, Mingo National Wildlife Refuge (Mingo) 
and Hercules Glades Wilderness Area (Hercules Glades). Missouri also 
hosts an additional

[[Page 50352]]

Interagency Monitoring of Protected Visual Environments (IMPROVE) 
monitoring site, located at El Dorado Springs.\2\ Notification was 
published on MDNR's Air Pollution Control Program Web site on April 28, 
2014. A public hearing was held on held at the St. Louis Regional 
Office on Thursday, May 29, 2014.
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    \2\ The El Dorado Springs IMPROVE monitoring site is a Protocol 
monitoring site that is maintained by MDNR to also measure 
visibility impairment in Missouri, but it is not located in a 
Federal Class I area. It was established to aid in determining 
impacts to portions of the country where no Class I areas exist.
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    On August 5, 2014, MDNR submitted the five year progress report SIP 
to EPA. This progress report SIP and accompanying cover letter also 
included a determination that the state's existing regional haze SIP 
requires no substantive revision to achieve the established regional 
haze visibility improvement and emissions reduction goals for 2018. EPA 
proposed approval of Missouri's progress report SIP on the basis that 
it satisfies the requirements of 40 CFR 51.308(g) and (h).

II. Summary of SIP Revision

    On August 5, 2014, MDNR submitted a revision to Missouri's regional 
haze SIP to address progress made toward RPGs of Class I areas in the 
state and Class I areas outside the state that are affected by 
emissions from Missouri's sources. This progress report SIP also 
included a determination of the adequacy of the state's existing 
regional haze SIP. Missouri has two Class I areas within its borders, 
and maintains an additional IMPROVE monitoring site. MDNR utilized 
particulate matter source apportionment (PSAT) techniques for 
photochemical modeling conducted by the Central Regional Air Planning 
Association (CENRAP) to identify two Class I areas in nearby Arkansas 
potentially impacted by Missouri sources: Upper Buffalo Wilderness Area 
(UBWA) and Caney Creek Wilderness Area (CCWA).
    The provisions in 40 CFR 51.308(g) require a progress report SIP to 
address seven elements. In the NPR, EPA proposed to approve the SIP as 
adequately addressing each element under 40 CFR 51.308(g). The seven 
elements and EPA's proposed conclusions in the NPR are briefly 
summarized below.
    The provisions in 40 CFR 51.308(g) require progress report SIPs to 
include a description of the status of measures in the regional haze 
implementation plan; a summary of the emissions reductions achieved; an 
assessment of the visibility conditions for each Class I area in the 
state; an analysis of the changes in emissions from sources and 
activities within the state; an assessment of any significant changes 
in anthropogenic emissions within or outside the state that have 
limited or impeded visibility improvement progress in Class I areas 
impacted by the state's sources; an assessment of the sufficiency of 
the regional haze implementation plan to enable states to meet 
reasonable progress goals; and a review of the state's visibility 
monitoring strategy. As explained in detail in the NPR, EPA proposed 
Missouri's progress report SIP addressed each element and therefore 
satisfied the requirements under 40 CFR 51.308(g).
    In addition, pursuant to 40 CFR 51.308(h), states are required to 
submit, at the same time as the progress report SIP revision, a 
determination of the adequacy of their existing regional haze SIP and 
to take one of four possible actions based on information in the 
progress report. In its progress report SIP, Missouri determined that 
its regional haze SIP is sufficient to meet its obligations related to 
the reasonable progress goals for Class I areas affected by Missouri's 
sources. The State accordingly provided EPA with a negative declaration 
that further revision of the existing regional haze implementation plan 
was not needed at this time. See 40 CFR 51.308(h)(1). As explained in 
detail in the NPR, EPA proposed to determine that Missouri had 
adequately addressed 40 CFR 51.308(h) because the visibility data 
trends at the Class I areas impacted by Missouri's sources and the 
emissions trends of the largest emitters in Missouri of visibility-
impairing pollutants both indicate that the reasonable progress goals 
for 2018 for these areas will be met or exceeded. Therefore, in our 
NPR, EPA proposed to approve Missouri's progress report SIP as meeting 
the requirements of 40 CFR 51.308(g) and (h).

III. Final Action

    EPA is taking final action to approve Missouri's regional haze 
five-year progress report and SIP revision, submitted August 5, 2014, 
as meeting the applicable regional haze requirements as set forth in 40 
CFR 51.308(g) and (h).

IV. Statutory and Executive Order Reviews

    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.);
     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).
    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

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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 September 30, 2016. 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: July 18, 2016.
Mark Hague,
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

0
2. In Sec.  52.1320, the table in paragraph (e) is amended by adding 
the entry ``(70) State Implementation Plan (SIP) Revision for the 
Attainment and Maintenance of National Ambient Air Quality Standards 
for Regional Haze (2014 Five-Year Progress Report)'' in numerical order 
to read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (e) * * *

                               EPA-Approved Missouri Nonregulatory SIP Provisions
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                                        Applicable           State
    Name of nonregulatory SIP          geographic or       submittal     EPA approval date       Explanation
            provision               nonattainment area       date
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                                                  * * * * * * *
(70) State Implementation Plan     Statewide...........       8/5/14   8/1/16 [Insert        [EPA-R07-OAR-2015-0
 (SIP) Revision for the                                                 Federal Register      581; FRL-9949-68-
 Attainment and Maintenance of                                          citation].            Region 7].
 National Ambient Air Quality
 Standards for Regional Haze
 (2014 Five-Year Progress Report).
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[FR Doc. 2016-17785 Filed 7-29-16; 8:45 am]
 BILLING CODE 6560-50-P