[Federal Register Volume 83, Number 56 (Thursday, March 22, 2018)]
[Rules and Regulations]
[Pages 12496-12501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05630]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0356; EPA-R07-OAR-2017-0268; EPA-R07-OAR-2017-0515; 
EPA-R07-OAR-2017-0513; FRL-9975-71-Region 7]


Approval of Implementation Plans; State of Missouri; Elements of 
the Infrastructure State Implementation Plan Requirements for the 2008 
Ozone, 2010 Nitrogen Dioxide, 2010 Sulfur Dioxide, and 2012 Fine 
Particulate Matter National Ambient Air Quality Standards (NAAQS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve elements of a State Implementation Plan (SIP) 
submission from the State of Missouri for the 2008 Ozone, 2010 Nitrogen 
Dioxide (NO2), 2010 Sulfur Dioxide (SO2), and 
2012 Fine Particulate Matter (PM2.5) National Ambient Air 
Quality Standards (NAAQS). States are required to have a SIP that 
provides for the implementation, maintenance, and enforcement of the 
NAAQS. Whenever EPA promulgates a new or revised NAAQS, states are 
required to make a SIP submission to establish that they have, or to 
add, the provisions necessary to address various requirements to 
address the new or revised NAAQS. 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 final rule is effective on April 23, 2018.

ADDRESSES: EPA has established dockets for this action under Docket ID 
Nos. EPA-R07-OAR-2015-0356; EPA-R07-OAR-2017-0268; EPA-R07-OAR-2017-
0515; EPA-R07-OAR-2017-0513. All documents in the dockets are listed on 
the https://www.regulations.gov website. 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 through https://www.regulations.gov or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional information.

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. Background
    a. 2008 Ozone NAAQS
    b. 2010 NO2 NAAQS
    c. 2010 SO2 NAAQS
    d. 2012 PM2.5 NAAQS
II. What is being addressed in this document?
    a. 2008 Ozone NAAQS
    b. 2010 NO2 NAAQS
    c. 2010 SO2 NAAQS
    d. 2012 PM2.5 NAAQS
    e. Section 110(a)(2)(E)(ii)/section 128
III. Have the requirements for approval of a SIP submission been 
met?
    a. 2008 Ozone NAAQS
    b. 2010 NO2 NAAQS
    c. 2010 SO2 NAAQS
    d. 2012 PM2.5 NAAQS and Section 110(a)(2)(E)(ii)/
section 128
IV. EPA's Response to Comments
    a. 2008 Ozone NAAQS
    b. 2010 NO2 NAAQS
    c. 2010 SO2 NAAQS
    d. 2012 PM2.5 NAAQS and Section 110(a)(2)(E)(ii)/
section 128
V. What action is EPA taking?
    a. 2008 Ozone NAAQS
    b. 2010 NO2 NAAQS
    c. 2010 SO2 NAAQS
    d. 2012 PM2.5 NAAQS
    e. Section 110(a)(2)(E)(ii)/section 128
VI. Statutory and Executive Order Reviews

I. Background

a. 2008 Ozone NAAQS

    On October 6, 2017, EPA proposed to approve certain elements of the 
2008 Ozone NAAQS infrastructure SIP submission from the State of 
Missouri. See 82 FR 46741. In conjunction with the October 6, 2017, 
notice of proposed rulemaking (NPR), EPA issued a direct final rule 
(DFR) approving elements of the 2008 Ozone NAAQS infrastructure SIP. 
See 82 FR 46679. In the DFR, EPA stated that if adverse comments were 
submitted to EPA by November 6, 2017, the action would be withdrawn and 
not take effect. EPA received two sets of comments prior to the close 
of the comment period; one set of comments was adverse, and one was not 
directly related to the action being taken by EPA. EPA withdrew the DFR 
on November 28,2017. See 82 FR 56172.

b. 2010 NO2 NAAQS

    On October 11, 2017, EPA proposed to approve certain elements of 
the 2010 NO2 NAAQS infrastructure SIP submission from the 
State of Missouri. See 82 FR 47170. In conjunction with the October 11, 
2017 NPR, EPA issued a DFR approving elements of the 2010 
NO2 NAAQS infrastructure SIP. See 82 FR 47154. In the DFR, 
EPA stated that if adverse comments were submitted to EPA by November 
13, 2017, the action would be withdrawn and not take effect. EPA 
received five sets of comments prior to the close of the comment 
period; one set of comments was adverse, and four sets of comments were 
not related to the action being taken by EPA. Based on the adverse 
comment received, EPA withdrew the DFR on December 8,2017. See 82 FR 
57848.

c. 2010 SO2 NAAQS

    On October 6, 2017, EPA proposed to approve certain elements of the 
2010 SO2 NAAQS infrastructure SIP submission from the State 
of Missouri. See 82 FR 46742. In conjunction with the October 6, 2017 
NPR, EPA issued a DFR approving elements of the 2010 SO2 
NAAQS infrastructure SIP. See 82 FR 46672. In the DFR, EPA stated that 
if adverse comments were submitted to EPA by November 6, 2017, the 
action would be withdrawn and not take effect. EPA received three sets 
of comments prior to the close of the comment period; one set of 
comments was adverse, and two sets of comments were not directly 
related to the action being taken by EPA. EPA withdrew the DFR on 
November 28,2017. See 82 FR 56172.

d. 2012 PM2.5 NAAQS

    On October 11, 2017, EPA proposed to approve certain elements of 
the 2012 PM2.5 NAAQS infrastructure SIP submission from the 
State of Missouri and two state statutes into the Missouri SIP. See 82 
FR 47169. In conjunction with the October 11, 2017 NPR, EPA issued a 
DFR approving elements of the 2012 PM2.5 NAAQS 
infrastructure SIP and the two state statutes into the SIP. See 82 FR 
47147. In the DFR, EPA stated that if adverse comments were submitted 
to EPA by November 13, 2017, the action would be withdrawn and not take 
effect. EPA received six sets of comments prior to the close of the 
comment period; three sets of comments were adverse, and three sets of 
comments were not directly related to the action. EPA withdrew the DFR 
on December 8, 2017. See 82 FR 57848.

[[Page 12497]]

    This action is a final rule based on the NPRs previously discussed. 
Detailed discussion of Missouri's 2008 Ozone, 2010 NO2, 2010 
SO2, and 2012 PM2.5 NAAQS infrastructure SIP 
submissions, and EPA's rationale for approving those SIP submissions, 
was provided in the DFRs and will not be restated here, except to the 
extent relevant to our response to the public comments we received.

II. What is being addressed in this document?

    EPA is only acting on the specific elements of the respective 
infrastructure SIP submissions for the 2008 Ozone NAAQS, 2010 
NO2 NAAQS, 2010 SO2 NAAQS, and 2012 
PM2.5 NAAQS, identified in this action.
    EPA will act on CAA section 110(a)(2)(D)(i)(II)--protection of 
visibility (prong 4) for each of the infrastructure SIP submission in a 
separate action or actions, therefore that element is not addressed in 
this action.
    Technical Support Documents (TSD) are included as part of each of 
the dockets, noted above, and discuss the details of the actions being 
taken, including analysis of how the SIP submissions for each NAAQS 
meet the applicable CAA section 110 requirements for infrastructure 
SIPs.

a. 2008 Ozone NAAQS

    EPA is approving the infrastructure SIP submission from the State 
of Missouri received on July 8, 2013, as meeting the submission 
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 the 
state did not address those elements addressed in the infrastructure 
SIP submission at issue in this rulemaking action.

b. 2010 NO2 NAAQS

    EPA is approving the infrastructure SIP submission from the State 
of Missouri received on April 30, 2013, as meeting the applicable 
submission requirements of 110(a)(1). EPA is approving the following 
elements of section 110(a)(2): (A) Through (H) (except (D)(i)(II)--
protection of visibility (prong 4)), and (J) through (M).

c. 2010 SO2 NAAQS

    EPA is approving elements of the infrastructure SIP submission from 
the State of Missouri received on July 8, 2013, as meeting the 
submittal requirement of section 110(a)(1). EPA is 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 is not 
acting on the elements of section 110(a)(2)(D)(i)(I) --prong 1 or prong 
2 as those elements were not part of the state SIP submittal.

d. 2012 PM2.5 NAAQS

    EPA is approving elements of the infrastructure SIP submission from 
the State of Missouri received on October 14, 2015, as meeting the 
submittal requirement of section 110(a0(1). EPA is 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 intends to 
act on section 110(a)(2)(D)(i)(I) --prong 1 and prong 2 in a subsequent 
rulemaking action.

e. Section 110(a)(2)(E)(ii)/section 128

    EPA is also approving the state's request to include Missouri State 
Statute section 105.483(5) RSMo 2014, and Missouri State Statute 
section 105.485 RSMo 2014 into the Missouri SIP. These two statutes 
address aspects of the infrastructure requirements relating to state 
boards or bodies, or agency heads, involved with permitting or 
enforcement decisions found in section 128 of the CAA. The state 
included this SIP submittal in the infrastructure SIP submission for 
the 2012 PM2.5 NAAQS, but EPA notes that this infrastructure 
SIP requirement is not NAAQS-specific.

III. Have the requirements for approval of the SIP submission been met?

a. 2008 Ozone NAAQS

    The state's submission has met the public notice requirements for 
the Ozone infrastructure SIP submission in accordance with 40 CFR 
51.102. The state held a public comment period from The Missouri 
Department of Natural Resources held a public hearing and comment 
period from April 30, 2013 to June 6, 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 notice 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.
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    \1\ See 80 FR 39961 (August 12, 2015).
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b. 2010 NO2 NAAQS

    The state's submission has met the public notice requirements for 
SIP submissions in accordance with 40 CFR 51.102. The state held a 
public hearing on March 28, 2013, and a public comment period from 
February 25, 2013, to April 4, 2013. EPA provided comments to the state 
on April 3, 2013, and was the only commenter. The state revised its 
proposed SIP in response to EPA's comments and the revisions were 
contained in the SIP submitted to EPA on April 30, 2013. The submission 
satisfied the completeness criteria of 40 CFR part 51, appendix V.

c. 2010 SO2 NAAQS

    The state's submission has met the public notice requirements for 
SIP submissions in accordance with 40 CFR 51.102. The state held a 
public comment period from April 30, 2013, to June 6, 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.

d. 2012 PM2.5 NAAQS and Section 110(a)(2)(E)(ii)/section 128

    The state's submission has met the public notice requirements for 
SIP submissions in accordance with 40 CFR 51.102. The state held a 
public comment period from July 27, 2015, to September 3, 2015. The 
state received no comments during the public comment period. A public 
hearing was held on August 27, 2015. The submission satisfied the 
completeness criteria of 40 CFR part 51, appendix V.

IV. EPA's Response to Comments

    All comments on the proposed actions are available in the dockets 
noted in this action. We only respond to adverse comments in this 
action. No changes were made to the proposals in this final action 
after consideration of the adverse comments received.

a. 2008 Ozone NAAQS

    The public comment period on EPA's proposed rule opened October 6, 
2017, the date of its publication in the Federal Register, and closed 
on November 6, 2017. During this period, EPA received two sets of 
comments: One in support of the rule and one which was adverse.

[[Page 12498]]

The adverse comment is addressed below.
    Comment: The commenter stated that EPA must take action on 
Missouri's submission regarding interstate transport. The commenter 
asserted that the Cross State Air Pollution Rule (CSAPR) update does 
not cover all sources of interstate transport and that in EPA's own 
words is only a ``partial remedy'' for transport related to the ozone 
NAAQS. The commenter thus argued that EPA must address the remainder of 
Missouri's contribution to ambient ozone levels in neighboring states 
in this rulemaking and that EPA has a nondiscretionary duty to issue a 
Federal Implementation Plan (FIP) when a state fails to submit an 
approvable state SIP submission.
    EPA's response: In EPA's rulemaking proposing to approve Missouri's 
infrastructure SIP for the 2008 ozone NAAQS, the Agency stated that it 
was not taking any action in this rulemaking with respect to the good 
neighbor provisions in section 110(a)(2)(D)(i)(I). Missouri did not 
address the requirements of section 110(a)(2)(D)(i)(I) in the 
infrastructure SIP submission for the 2008 Ozone NAAQS, and thus there 
is no such submission upon which EPA either proposed to take action or 
could take action on under section 110(k) of the CAA in this 
rulemaking.
    EPA acknowledges the commenter's concerns about interstate 
transport of air pollutants and agrees in general with the commenter 
that sections 110(a)(1) and (a)(2) of the CAA require states to submit, 
within three years of promulgation of a new or revised NAAQS, a SIP 
submission which adequately addresses cross-state air pollution under 
section 110(a)(2)(D)(i)(I). As noted above in section III. a. of this 
document, EPA has already issued a ``Findings of Failure to Submit a 
Section 110 State Implementation Plan for Interstate Transport for the 
2008 National Ambient Air Quality Standards for Ozone'', in August 
2015, which triggered EPA's obligation under section 110(c) to 
promulgate a Federal Implementation Plan addressing the requirements of 
section 110(a)(2)(D)(i)(I).\2\ As the commenter notes, EPA has already 
taken steps to address this obligation when it promulgated the CSAPR 
update in June 2016.\3\ EPA will take any further steps that may be 
necessary to address its obligation under sections 110(a)(2)(D)(i)(I) 
and 110(c) with respect to the 2008 Ozone NAAQS in a separate action.
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    \2\ See 80 FR 39961 (August 12, 2015).
    \3\ See 81 FR 41838 (August 12, 2016).
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b. 2010 NO2 NAAQS

    The public comment period on EPA's proposed rule opened October 11, 
2017, the date of its publication in the Federal Register, and closed 
on November 13, 2017. During this period, EPA received five sets of 
comments: One set of comments was adverse, and four sets of comments 
were not directly related to the action being taken by EPA in this 
rulemaking. The adverse comment is addressed below.
    Comment: The commenter stated that EPA failed to review this rule 
against the president's March 28, 2017 executive order regarding 
economic growth and energy independence.
    EPA's response: Section 110(k)requires EPA to take action on a 
state's SIP submission, and section 110(k)(3) provides that EPA 
``shall'' approve a state's SIP submission if it meets the applicable 
statutory requirements. In this case, EPA has determined that 
Missouri's infrastructure SIP submission for this NAAQS met the 
applicable requirements contained in section 110(a)(2), as explained in 
this document. Therefore, EPA lacks discretion to decline to take 
action on, or to disapprove, the SIP submission or to require changes 
based on consideration of the Executive Order.

c. 2010 SO2 NAAQS

    The public comment period on EPA's proposed rule opened October 6, 
2017, the date of its publication in the Federal Register, and closed 
on November 6, 2017. During this period, EPA received three sets of 
comments: One set of comments was adverse, and two sets of comments 
were not directly related to the action being taken by EPA. The adverse 
comments are addressed below.
    Comment 1: The commenter stated that EPA must issue a finding of 
failure to submit for the interstate transport provisions of the 
infrastructure SIP submission for the 2010 SO2 NAAQS.
    EPA's response: In EPA's rulemaking proposing to approve Missouri's 
infrastructure SIP for the 2010 1-hour SO2 NAAQS, EPA stated 
that it was not taking any action with respect to the good neighbor 
provisions in section 110(a)(2)(D)(i)(I) for this NAAQS. EPA 
understands the commenter's concern with respect to interstate 
transport. EPA will evaluate whether it is appropriate to make a 
finding of failure to submit in a separate action.

d. 2012 PM2.5 NAAQS and Section 110(a)(2)(E)(ii)/section 128

    The public comment period on EPA's proposed rule opened October 11, 
2017, the date of its publication in the Federal Register, and closed 
on November 13, 2017. During this period, EPA received six sets of 
comments: three set of comments were adverse, and three sets of 
comments were not directly related to the action being taken by EPA. 
Where sets of comments were similar in content, EPA grouped those 
comments into a single comment and response where appropriate. The 
adverse comments are addressed below.
    Comment 1: The commenter stated that EPA does not have the 
discretion to act separately on elements of an infrastructure SIP 
submission, particularly with respect to section 110(a)(2)(D)(i) (prong 
1 and prong 2), in a separate rulemaking. The commenter also asserted 
that its comment letter constituted the commenter's ``notice of intent 
to sue the agency for failure to perform its nondiscretionary duty 
under 110(k)(2).''
    EPA's Response: EPA acknowledges the commenter's concern for the 
interstate transport of air pollutants and agrees in general with the 
commenter that sections 110(a)(1) and (a)(2) of the CAA generally 
require states to submit, within three years of promulgation of a new 
or revised NAAQS, a SIP submission which adequately addresses 
interstate transport of air pollution under section 110(a)(2)(D)(i)(I). 
However, EPA disagrees with the commenter's argument that EPA cannot 
approve other elements of an infrastructure SIP submission without also 
taking action on the elements related to interstate transport.
    EPA agrees with the commenter that it has an obligation to take 
action under section 110(k) on SIP submissions. However, EPA disagrees 
with the commenter's argument that the Agency cannot elect to act on 
individual parts or elements of a state's infrastructure SIP submission 
in separate rulemaking actions, as it deems appropriate. Section 
110(k)of the CAA authorizes EPA to approve a SIP submission in full, 
disapprove it in full, or approve it in part and disapprove it in part, 
or conditionally approve it in full or in part, depending on the extent 
to which such plan meets the requirements of the CAA. This authority to 
approve state SIP submissions in separable parts was included in the 
1990 Amendments to the CAA to overrule a decision in the Court of 
Appeals for the Ninth Circuit holding that EPA could not approve 
individual measures in a SIP

[[Page 12499]]

submission without either approving or disapproving the plan as a 
whole. See S. Rep. No. 101-228, at 22, 1990 U.S.C.C.A.N. 3385, 3408 
(discussing the express overruling of Abramowitz v. EPA, 832 F.2d 1071 
(9th Cir. 1987)).
    EPA interprets its authority under section 110(k) of the CAA as 
affording the Agency the discretion to approve, disapprove, or 
conditionally approve, individual elements of Missouri's infrastructure 
SIP submission for the 2012 PM2.5 NAAQS, separate and apart 
from any action with respect to the requirements of section 
110(a)(2)(D)(i)(I) of the CAA with respect to that NAAQS. EPA views 
discrete infrastructure SIP requirements, such as the requirements of 
section 110(a)(2)(D)(i)(I), as severable from other infrastructure SIP 
elements and interprets section 110(k) as allowing it to act on 
individual severable elements or requirements in a SIP submission. In 
short, EPA believes it has the discretion under section 110(k) of the 
CAA to act upon the various individual elements of the State's 
infrastructure SIP submission, separately or together, as appropriate. 
EPA will address the remaining elements of Missouri's 2012 
PM2.5 NAAQS, infrastructure SIP submission in a separate 
rulemaking action or actions.
    Finally, a public comment submitted on a proposal does not 
constitute notice of intent to sue the Administrator for failure to 
perform a nondiscretionary duty. Clean Air Act section 304(b)(2) 
requires 60 days' notice of a civil action against the Administrator 
for an alleged failure to perform a non-discretionary duty to the 
Administrator. EPA's regulations require that service of notice to the 
Administrator ``shall be accomplished by certified mail addressed to 
the Administrator, Environmental Protection Agency, Washington, DC 
20460.'' 40 CFR 54.2(a). The commenter's public comment submitted via 
regulations.gov does not satisfy the regulatory requirements for 
notices of intent to file suit against the Administrator for failure to 
perform a non-discretionary duty.
    Comment 2: Two commenters argued that EPA should not approve the 
state statutes, 105.483(5) and 105.485 RSMo 2014, into the SIP as the 
commenters do not believe the statutes adequately meet conflict of 
interest requirements as required by section 110(a)(2)(E) and CAA 
section 128.
    EPA's Response: EPA believes that the commenter misunderstood the 
purpose of these SIP submissions related to section 128. EPA has 
already previously approved a SIP submission from Missouri as meeting 
the requirements of section 128. See 78 FR 37457. The Agency's analysis 
of that SIP submission appeared in the proposal notice for that 
rulemaking. See 78 FR 21281 at page 21288. In this rulemaking, Missouri 
is adding additional provisions to its SIP. The state statutes, 
105.483(5) and 105.485 RSMo 2014, approved into the SIP by this action, 
are meant to strengthen the SIP and are not the only SIP provisions 
that pertain to section 128. EPA believes that the commenter may have 
wrongly assumed that these latest additions to the SIP are the only 
provisions relevant to section 128 in the Missouri SIP.

V. What action is EPA taking?

    EPA is approving the specific elements of the respective 
infrastructure SIP submissions for the 2008 Ozone NAAQS, 2010 
NO2 NAAQS, 2010 SO2 NAAQS, and 2012 
PM2.5 NAAQS, identified in this action.
    EPA will act on CAA section 110(a)(2)(D)(i)(II)--prong 4 for each 
of the infrastructure SIP submission for these NAAQS in a separate 
rulemaking action or actions.

a. 2008 Ozone NAAQS

    EPA is taking final action to approve elements of the July 8, 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. EPA is approving the SIP submission 
as meeting the submission requirements 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).

b. 2010 NO2 NAAQS

    EPA is taking final action to approve elements of the April 30, 
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 2010 NO2 NAAQS. EPA is approving the 
submission as meeting the submittal requirement of section 110(a)(1) 
and approving the following elements of section 110(a)(2): (A) through 
(H) (except (D)(i)(II)--prong 4), and (J) through (M).

c. 2010 SO2 NAAQS

    EPA is taking final action to approve elements of the July 8, 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 2010 SO2 NAAQS. EPA is approving the 
submission 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 is not acting on the elements of section 110(a)(2)(D)(i)(I)--
prong 1 or prong 2 because those elements were not addressed in the SIP 
submittal.

d. 2012 PM2.5 NAAQS

    EPA is taking final action to approve elements of the October 14, 
2015, infrastructure SIP submission from the State of Missouri, which 
addresses the requirements of CAA sections 110(a)(1) and (2) as 
applicable to the 2012 Annual PM2.5 NAAQS. EPA is approving 
the submission 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 intends to act on elements of section 
110(a)(2)(D)(i)(I)--prong 1 and prong 2 in a subsequent rulemaking.

e. Section 110(a)(2)(E)(ii)/section 128

    EPA is taking final action to the state's request to include 
Missouri State Statute section 105.483(5) RSMo 2014, and Missouri State 
Statute section 105.485 RSMo 2014 into the Missouri SIP. These two 
statutes address aspects of the infrastructure requirements relating to 
state boards or bodies, or agency heads, involved with permitting or 
enforcement decisions found in section 128 of the CAA. The state 
included this SIP revision in the infrastructure SIP submission for the 
2012 PM2.5 NAAQS, but EPA notes that this infrastructure SIP 
requirement is not NAAQS-specific.

VI. 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory

[[Page 12500]]

action because SIP approvals are exempted under Executive Order 12866.
     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 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).
    In addition, 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 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 May 21, 2018. 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Reporting and 
recordkeeping requirements.

    Dated: March 7, 2018.
 James B. Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA is amending 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 entries ``(63) Sections 110 (a)(1) and 110(a)(2) Infrastructure 
Requirements for the 2008 Ozone NAAQS'', ''(64) Sections 110 (a)(1) and 
110(a)(2) Infrastructure Requirements for the 2010 Nitrogen Dioxide 
NAAQS'', ``(65) Sections 110 (a)(1) and 110(a)(2) Infrastructure 
Requirements for the 2010 Sulfur Dioxide NAAQS'', ``(72) Sections 110 
(a)(1) and 110(a)(2) Infrastructure Requirements for the 2012 Annual 
Fine Particulate Matter (PM2.5) NAAQS'', and ``(73) Missouri 
State Statute section 105.483(5) RSMo 2014, and Missouri State Statute 
section 105.485 RSMo 2014'' in numerical order to read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (e)* * *

                               EPA-Approved Missouri Nonregulatory SIP Provisions
----------------------------------------------------------------------------------------------------------------
                                                             State
   Name of nonregulatory SIP      Applicable geographic    submittal   EPA approval date        Explanation
           provision              or nonattainment area       date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
(63) Sections 110(a)(1) and      Statewide..............       7/8/13  3/22/18, [insert   This action approves
 110(a)(2) Infrastructure                                               Federal Register   the following CAA
 Requirements for the 2008                                              citation].         elements: 110(a)(1)
 Ozone NAAQS.                                                                              and 110(a)(2)(A),
                                                                                           (B), (C), (D)(i)(II)--
                                                                                           prong 3, (D)(ii),
                                                                                           (E), (F), (G), (H),
                                                                                           (J), (K), (L), and
                                                                                           (M).
                                                                                           110(a)(2)(D)(i)(I)--p
                                                                                           rongs 1 and 2 are
                                                                                           addressed by Federal
                                                                                           Implementation Plans.
                                                                                           110(a)(2)(I) is not
                                                                                           applicable. [EPA-R07-
                                                                                           OAR-2015-0356; FRL-
                                                                                           9975-71-Region 7].
(64) Sections 110(a)(1) and      Statewide..............      4/30/13  3/22/18, [insert   This action approves
 110(a)(2) Infrastructure                                               Federal Register   the following CAA
 Requirements for the 2010                                              citation].         elements: 110(a)(1)
 Nitrogen Dioxide NAAQS.                                                                   and 110(a)(2)(A),
                                                                                           (B), (C), (D)(i)(I),
                                                                                           (D)(i)(II)--prong 3,
                                                                                           (D)(ii), (E), (F),
                                                                                           (G), (H), (J), (K),
                                                                                           (L), and (M).
                                                                                           110(a)(2)(I) is not
                                                                                           applicable. [EPA-R07-
                                                                                           OAR-2017-0268; FRL-
                                                                                           9975-71-Region 7].

[[Page 12501]]

 
(65) Sections 110(a)(1) and      Statewide..............       7/8/13  3/22/18, [insert   This action approves
 110(a)(2) Infrastructure                                               Federal Register   the following CAA
 Requirements for the 2010                                              citation].         elements: 110(a)(1)
 Sulfur Dioxide NAAQS.                                                                     and 110(a)(2)(A),
                                                                                           (B), (C), (D)(i)(II)--
                                                                                           prong 3, (D)(ii),
                                                                                           (E), (F), (G), (H),
                                                                                           (J), (K), (L), and
                                                                                           (M). EPA is not
                                                                                           acting on
                                                                                           110(a)(2)(D)(i)(I)--p
                                                                                           rongs 1 and 2.
                                                                                           110(a)(2)(I) is not
                                                                                           applicable. EPA
                                                                                           intends to act on
                                                                                           110(a)(2)(D)(i)(II)--
                                                                                           prong 4 in a separate
                                                                                           action. [EPA-R07-OAR-
                                                                                           2017-0515; FRL-9975-
                                                                                           71-Region 7].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
(72) Sections 110(a)(1) and      Statewide..............     10/14/15  3/22/18, [insert   This action approves
 110(a)(2) Infrastructure                                               Federal Register   the following CAA
 Requirements for the 2012                                              citation].         elements: 110(a)(1)
 Annual Fine Particulate Matter                                                            and 110(a)(2)(A),
 (PM2.5) NAAQS.                                                                            (B), (C), (D)(i)(II)--
                                                                                           prong 3, D(ii), (E),
                                                                                           (F), (G), (H), (J),
                                                                                           (K), (L), and (M).
                                                                                           110(a)(2)(I) is not
                                                                                           applicable. [EPA-R07-
                                                                                           OAR-2017-0513; FRL-
                                                                                           9975-71-Region 7].
(73) Missouri State Statute      Statewide..............     10/14/15  3/22/18, [insert   EPA-R07-OAR-2017-0513;
 section 105.483(5) RSMo 2014,                                          Federal Register   FRL-9975-71-Region 7.
 and Missouri State Statute                                             citation].
 section 105.485 RSMo 2014.
----------------------------------------------------------------------------------------------------------------


[FR Doc. 2018-05630 Filed 3-21-18; 8:45 am]
 BILLING CODE 6560-50-P