[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Rules and Regulations]
[Pages 46679-46681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21528]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0356; FRL-9968-82-Region 7]


Approval of Missouri Air Quality Implementation Plans; 
Infrastructure SIP Requirements for the 2008 Ozone National Ambient Air 
Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
elements of a State Implementation Plan (SIP) revision from the State 
of Missouri for the 2008 Ozone National Ambient Air Quality Standard 
(NAAQS). Section 110 of the CAA requires that each state adopt and 
submit a SIP for the implementation, maintenance, and enforcement of 
each new or revised NAAQS promulgated by EPA. These SIPs are commonly 
referred to as ``infrastructure'' SIPs. The infrastructure requirements 
are designed to ensure that the structural components of each state's 
air quality management program are adequate to meet the state's 
responsibilities under the CAA.

DATES: This direct final rule will be effective December 5, 2017, 
without further notice, unless EPA receives adverse comment by November 
6, 2017. If EPA receives adverse comment, we 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-2015-0356, to https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Tracey Casburn, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219 at (913) 551-7016, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``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. What action is EPA taking?
IV. Statutory and Executive Order Reviews.

I. What is being addressed in this document?

    EPA is approving the infrastructure SIP submission from the State 
of Missouri received on July 08, 2013, as meeting the submittal 
requirements of 110(a)(1). EPA is approving the following elements of 
section 110(a)(2): (A), (B), (C), (D)(i)(II)--prevent significant 
deterioration of air quality (prong 3), (D)(ii), (E) through (H), and 
(J) through (M). EPA is not acting on the elements of section 
110(a)(2)(D)(i)(I)--significant contribution to nonattainment (prong 
1), interfering with maintenance of the NAAQs (prong 2) because those 
elements were not addressed in the SIP revision submittal. EPA is not 
acting on section 110(a)(2)(I). EPA will act on 110(a)(2)(D)(i)(II)--
protection of visibility (prong 4) in a separate action.
    A Technical Support Document (TSD) is included as part of the 
docket to discuss the details of this action, including analysis of how 
the SIP meets the applicable 110 requirements for infrastructure SIPs.

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

    The state's submission has met the public notice requirements for 
the Ozone infrastructure SIP submission in accordance with 40 CFR 
51.102. The

[[Page 46680]]

state held a public comment period from The MDNR held a public hearing 
and comment period from April 30, 2013 to June 06, 2013. EPA provided 
comments on May 23, 2013 and were the only commenters. A public hearing 
was held on May 30, 2013. The submission satisfied the completeness 
criteria of 40 CFR part 51, appendix V for all elements except 
110(a)(2)(D)(i)(I)--prongs 1 and 2. EPA published a document in the 
Federal Register, ``Findings of Failure to Submit a Section 110 State 
Implementation Plan for Interstate Transport for the 2008 National 
Ambient Air Quality Standards for Ozone''.\1\ Missouri was included in 
this finding because it had not made a complete ``good neighbor'' SIP 
submittal to meet the section 110(a)(2)(D)(i)(I)--prongs 1 and 2 
elements. As explained in more detail in the TSD, which is part of this 
docket, the revision meets the substantive SIP requirements of the CAA, 
including section 110 and implementing regulations.
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    \1\ See 80 FR 39961 (August 12, 2015).
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III. What action is EPA taking?

    EPA is taking direct final action to approve elements of the July 
08, 2013, infrastructure SIP submission from the State of Missouri, 
which addresses the requirements of CAA sections 110(a)(1) and (2) as 
applicable to the 2008 Ozone NAAQS. As stated above, EPA is approving 
the revision as meeting the submittal requirement of section 110(a)(1) 
and approving the following elements of section 110(a)(2): (A), (B), 
(C), (D)(i)(II)--prong 3, (D)(ii), (E) through (H), and (J) through 
(M). EPA will act on (D)(i)(II)--prong 4 in a separate action.
    EPA is taking no further action with respect to elements of section 
110(a)(2)(D)(i)(I)--prongs 1 and 2--because the Cross State Air 
Pollution Rule (CSAPR) Federal Implementation Plans (FIPs) that require 
subject units in Missouri to participate in the Federal CSAPR 
NOX Annual Trading Program and the Federal CSAPR 
SO2 Group 1 Trading Program continue to apply and addresses 
emissions from subject units that may be contributing to nonattainment 
(prong 1) or interfering with maintenance (prong 2) of the NAAQS in 
another state.2 3 Additionally, on June 28, 2016, EPA took 
direct final action to approve Missouri's adoption of state regulations 
that established state-determined allocations replacing EPA's CSAPR 
default annual NOX and annual SO2 emissions 
allocation allowances for 2017 and later years as an abbreviated SIP 
revision.\4\
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    \2\ See 76 FR 48208 (August 8, 2011).
    \3\ See 81 FR 74504 (December 27, 2016).
    \4\ See 81 FR 41838 (August 12, 2016).
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    EPA is not taking action on section 110(a)(2)(I). Section 
110(a)(2)(I) requires that in the case of a plan or plan revision for 
areas designated as nonattainment areas, states must meet applicable 
requirements of part D of the CAA, relating to SIP requirements for 
designated nonattainment areas. EPA does not expect infrastructure SIP 
submissions to address element (I). The specific SIP submissions for 
designated nonattainment areas, as required under CAA title I, part D, 
are subject to different submission schedules than those for section 
110 infrastructure elements. EPA will take action on part D attainment 
plan SIP submissions through a separate rulemaking governed by the 
requirements for nonattainment areas, as described in part D.
    We are publishing this direct final rule without a prior proposed 
rule because we view this as a noncontroversial action and anticipate 
no adverse comment. However, in the ``Proposed Rules'' section of this 
Federal Register, we are publishing a separate document that will serve 
as the proposed rule to approve the SIP revision if adverse comments 
are received on this direct final rule. We will not institute a second 
comment period on this action. Any parties interested in commenting 
must do so at this time. For further information about commenting on 
this rule, see the ADDRESSES section of this document. If EPA receives 
adverse comment, we will publish a timely withdrawal in the Federal 
Register informing the public that this direct final rule will not take 
effect. We will address all public comments in any subsequent final 
rule based on the proposed rule.

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 (Public Law 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).

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: September 21, 2017.
Cathy Stepp,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA is amending 40 CFR part 
52 as set forth below:

[[Page 46681]]

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. Amend Sec.  52.1320(e) by adding entry (63) in numerical order to 
read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (e)* * *

                                                   EPA-Approved Missouri Nonregulatory SIP Provisions
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    Name of non- regulatory SIP      Applicable geographic       State
              revision               or nonattainment area  submittal date             EPA approval date                         Explanation
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                                                                      * * * * * * *
(63) Sections 110 (a)(1) and         Statewide............          7/8/13  10/6/17, [Insert Federal Register       This action approves the following
 110(a)(2) Infrastructure                                                    citation].                              CAA elements: 110(a)(1) and
 Requirements for the 2008 Ozone                                                                                     110(a)(2)(A), (B), (C), (D)(i)(II)--
 NAAQS.                                                                                                              prong 3, (D)(ii), (E), (F), (G),
                                                                                                                     (H), (J), (K), (L), and (M).
                                                                                                                     110(a)(2)(D)(i)(I)--prongs 1 and 2
                                                                                                                     are addressed by a Federal
                                                                                                                     Implementation Plan.
                                                                                                                    110(a)(2)(I) is not applicable. [EPA-
                                                                                                                     R07-OAR-2015-0356; FRL-9968-82-
                                                                                                                     Region 7.]
 
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[FR Doc. 2017-21528 Filed 10-5-17; 8:45 am]
 BILLING CODE 6560-50-P